Title 75, Title 75

In this chapter, unless the context requires otherwise, the following definitions apply: (1) "Addition thereto" means the installation of new machinery and equipment that would significantly change the conditions under which the facility is operated. (2) "Application" means an ap…

The department may adopt rules implementing the provisions of this chapter.

(1) The department may contract with a potential applicant under this chapter in advance of the filing of a formal application for the development of information or provision of services required hereunder. (2) Payments made to the department under such a contract shall be credit…

The department may receive grants, gifts, and other funds from any public or private source to assist in its activities under this chapter.

All fees, taxes, fines, and penalties collected under this chapter, except those collected by a justice's court, shall be deposited in the state special revenue fund for use by the department in carrying out its functions and responsibilities under this chapter.

A person issued a certificate pursuant to this chapter may acquire by eminent domain any interest in property, as provided in Title 70, chapter 30, for a public use authorized by law to construct a facility in accordance with the certificate.

(1) The legislature authorizes the siting of temporary spent nuclear fuel storage facilities within the state. A facility is authorized if: (a) the facility is operated on the site of a nuclear power generating facility and stores spent nuclear fuel produced by a nuclear power ge…

(1) Except for a facility under diligent onsite physical construction or in operation on January 1, 1973, a person may not commence to construct a facility in the state without first applying for and obtaining a certificate of compliance issued with respect to the facility by the…

A certificate may be transferred to a person who agrees to comply with the terms, conditions, and modifications contained in the certificate.

(1) For a facility that is subject to the jurisdiction of the federal energy regulatory commission or the nuclear regulatory commission as authorized in 75-20-206 or 75-20-1302, the department shall file a state recommendation with the commission. (2) A person making application …

(1) The legislature hereby authorizes the siting of uranium conversion and enrichment facilities within Montana. A facility is authorized if: (a) it is operated on the site of and to convert and enrich mined and milled uranium within the state or transported from a location mined…

Whenever a person plans to construct an electric transmission line or associated facilities under the provisions of 75-20-104(10)(a)(ii), it must provide public notice to persons residing in the area in which any portion of the electric transmission facility may be located and to…

(1) Prior to constructing a transmission line under 75-20-104(10)(a)(ii), the person planning to construct the line shall provide to the department within 36 months of the date of the public notice provided under 75-20-207, unless extended by the department for good cause: (a) co…

(1) (a) An applicant shall file with the department an application for a certificate under this chapter and for the permits required under the laws administered by the department in the form that is required under applicable rules, containing the following information: (i) a desc…

Inadvertent failure of service on or notice to any of the municipalities, government agencies, or persons identified in 75-20-211 may be cured pursuant to orders of the department designed to afford them adequate notice to enable their effective participation in the proceeding.

(1) Except as provided in 75-20-228, an application for an amendment of an application or a certificate must be in the form and contain the information that the department by rule or by order prescribes. Notice of an application must be given as set forth in 75-20-211(3) and (4).…

(1) (a) A filing fee must be deposited in the state special revenue fund for the use of the department in administering Title 75, chapter 1, and this chapter. The applicant shall pay to the department a filing fee as provided in this section based upon the department's estimated …

(1) After receipt of an application, the department shall within 30 days notify the applicant in writing that: (a) the application is in compliance and is accepted as complete; or (b) the application is not in compliance and shall list the deficiencies. Upon correction of these d…

An application may be voided by the department following notice and an opportunity for hearing for: (1) any material and knowingly false statement in the application or in accompanying statements or studies required of the applicant; (2) failure to file an application in substant…

(1) (a) Except as provided in 75-20-228, within 30 days after notice of an amendment to a certificate is given as set forth in 75-20-213(1), including notice to all active parties to the original proceeding, the department shall determine whether the proposed change in the facili…

(1) (a) A person aggrieved by the final decision of the department on an application for a certificate or the issuance of an air or water quality decision, opinion, order, certification, or permit under this chapter may within 30 days appeal the decision to the board. Except as p…

(1) (a) An amendment to a certificate is not required for an electric generating facility designed to generate 250 megawatts of electricity or more if a change is made at the facility to alter fuel sources necessary to maintain operations at the facility, if the certificate holde…

(1) Except as provided in 75-1-208(4)(b), the department shall issue a certification decision within 90 days from the date on which an application is considered complete for a facility that: (a) is unlikely to result in significant adverse environmental impacts based on the crite…

(1) In order for a facility to qualify for expedited review under 75-20-231, the department shall make a significance determination of the impacts associated with a proposed facility. This determination is the basis of the department's decision concerning whether the proposed fac…

(1) Within 30 days after issuance of the report pursuant to 75-20-216 for facilities defined in 75-20-104(10)(a) and (10)(b), the department shall approve a facility as proposed or as modified or an alternative to a proposed facility if the department finds and determines: (a) th…

(1) If the department determines that the location of all or a part of the proposed facility should be modified, it may condition its certificate upon the modification, provided that the department consulted the applicant and the persons residing in the area affected by the modif…

(1) In rendering a decision on an application for a certificate, the department shall issue an opinion stating its reasons for the action taken. (2) If the department has found that any regional or local law or regulation that would be otherwise applicable is unreasonably restric…

(1) The department may waive compliance with any of the provisions of 75-20-216 and this part if the applicant makes a clear and convincing showing to the department at a public hearing that an immediate, urgent need for a facility exists and that the applicant did not have knowl…

(1) Notwithstanding any other law, a state or regional agency or municipality or other local government may not require any approval, consent, permit, certificate, or other condition for the construction, operation, or maintenance of a facility authorized by a certificate issued …

The department shall monitor the operations of all certificated facilities for ensuring continuing compliance with this chapter and certificates issued under this chapter and for discovering and preventing noncompliance with this chapter and the certificates. The applicant shall …

Following notice and an opportunity for a hearing, a certificate may be revoked or suspended by the department: (1) for any material false statement in the application or in accompanying statements or studies required of the applicant if a true statement would have warranted the …

(1) A resident of this state with knowledge that a requirement of this chapter or a rule adopted under it is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule may bring the failure to enforce to the attention of the public offi…

An owner of an interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other legitimate use from a surface or underground source may sue a person to recover damages for contamination, diminution, or interruption …

(1) A person aggrieved by the final decision of the department or board on an application for a certificate may obtain judicial review of that decision by the filing of a petition in a state district court of competent jurisdiction. A challenge to the issuance of a certificate mu…

Except as expressly set forth in 75-20-401, 75-20-406, and 75-20-408, no court of this state has jurisdiction to hear or determine any issue, case, or controversy concerning any matter which was or could have been determined in a proceeding before the board or department under th…

(1) (a) Whoever commences to construct or operate a facility without first obtaining a certificate required under 75-20-201 or a waiver of the certificate under 75-20-304(2) or, having first obtained a certificate, constructs, operates, or maintains a facility not in compliance w…

A landowner upon whose land a facility is proposed to be located has the option of receiving any negotiated settlement for use of the landowner's land, if and when the land is used for a facility, by easement, right-of-way, or other legal conveyance in either a lump sum or in not…

Notwithstanding any contrary provision in the law, the pendency of an appeal from a board order does not automatically stay or suspend the operation of the order. During the pendency of the appeal, the court may upon motion by one of the parties stay or suspend, in whole or in pa…

If an order of the board is stayed or suspended, the court may require a bond with good and sufficient surety conditioned that the party petitioning for review answer for all damages caused by the delay in enforcing the order of the board except that the cost of the bond is not c…