Title 75, Title 75

(1) There is an underground storage tank account within the state special revenue fund established in 17-2-102. There must be paid into the account: (a) revenues from underground storage tank permit and notification fees; and (b) corrective action costs, damages, and penalties re…

(1) This part may be cited as the "Montana Contaminated Property Compensation and Restoration Act". (2) This part applies only to common law claims brought in judicial proceedings on behalf of private interests of individuals or entities.

For purposes of this part, the following definitions apply: (1) "Department" means the department of environmental quality provided for in 2-15-3501. (2) (a) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum or petroleum p…

(1) Restoration damages for a common law claim alleging contamination of special use property may be granted by the trier of fact and may only be obtained pursuant to this part. (2) Nothing in this section precludes the award of other damages allowed under common law and statute.

(1) Restoration damages awarded pursuant to 75-11-603, exclusive of damages awarded for attorney fees and costs, must be used to conduct any remedial and corrective action necessary to restore the special use property for which the damages were awarded to its function and use pri…

The plaintiff in an action for restoration damages resulting from the contamination of special use property has the burden of proof to show that a property meets the definition of a special use property.

This part may be cited as the "Montana Brownfields Revitalization Act".

The legislature finds that: (1) real properties exist across the state where the stigma of hazardous substance and petroleum contamination hinders the development or best use of the property. These properties may be eligible for brownfields funding. (2) the assessment and cleanup…

(1) The definitions used in this part are for the purpose of determining the eligibility of sites to receive and expend federal brownfields funding received by a grant recipient from the United States environmental protection agency under the federal Brownfields Revitalization an…

(1) For the purpose of determining the viability of a responsible party at a brownfield site where petroleum contamination is the predominant contaminant, the department shall presume that: (a) ongoing businesses or companies and government entities are viable unless there is inf…

(1) Before an eligible entity may expend federal brownfields funds at a brownfield site, either the United States environmental protection agency or the department shall make a written determination that: (a) there is no viable responsible party for the contamination as determine…

Upon presentation of the proper credentials, an authorized representative of the department may enter any building, property, premises, place, or facility where brownfield redevelopment or environmental remediation activities are being performed or have been performed for the pur…

The department may adopt rules to implement the provisions of this part and to: (1) prescribe the form and content of applications for assistance from the brownfields site redevelopment fund; (2) apply eligibility criteria for awarding assistance from the brownfields site redevel…

(1) It is the intent of the brownfield program to strengthen communities throughout this state and to promote economic development by encouraging environmental remediation activities and brownfields redevelopment of properties blighted by real or perceived contamination. (2) The …