Title 75, Title 75

(1) The governing body of a county may adopt, through the procedures of 7-5-103 through 7-5-107, an ordinance prohibiting the sale and distribution of certain phosphorus compounds used for cleaning purposes. The governing body may rescind, modify, or repeal the ordinance at any t…

(1) A person involved in the sale or commercial distribution of any phosphorus compound prohibited by an ordinance adopted under 75-7-411 must be notified by the county and must be given 30 days from receipt of such notice to comply with the ordinance. Failure to comply with the …

This part may be cited as the "Coal-Fired Generating Unit Remediation Act".

(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Coal-Fired Generating Unit Remediation Act. (2) It is the legislature's intent that the requirements of this part ensure that ap…

As used in this part, the following definitions apply: (1) (a) "Affected property" means the property owned by or under the control of an owner that is affected by a coal-fired generating unit, including: (i) land, surface water, or ground water directly affected by the coal-fire…

(1) To avoid unnecessary duplication, the department shall integrate the provisions of this part with applicable legal obligations. (2) If this part or any action taken by the department in accordance with this part conflicts with applicable legal obligations, the applicable lega…

(1) No later than 3 months after a coal-fired generating unit is retired and no earlier than 5 years prior to a coal-fired generating unit's planned retirement, an owner shall submit a proposed remediation plan that contains: (a) the name of the operator of the coal-fired generat…

(1) (a) The department shall review for completeness a remediation plan and provide a written completeness notice to an owner within 60 days of receipt of the remediation plan and within 30 days of receipt of responses to notices of deficiencies. The initial completeness notice m…

(1) A remediation plan must demonstrate that it will meet the requirements of subsection (2) and attain a degree of cleanup of the affected property consistent with, but not more stringent than, applicable legal obligations, giving consideration to reasonably anticipated future u…

(1) (a) Subject to subsection (1)(b), an owner or any person whose interests are or may be materially adversely affected by a final decision of the department to approve or modify a remediation plan under this part may file for judicial review of the department's decision. The re…

(1) If the department finds that an owner has failed to file a plan or implement an approved plan, it may serve written notice of the violation, by certified mail, on the owner. The notice must specify the provisions of this part and the facts alleged to constitute a violation. T…

(1) On or before November 1, 2022, the owners of a coal-fired generating unit shall complete a water feasibility study in accordance with subsection (2). Costs of completing the study must be shared among the owners based on each owner's individual ownership interest in the coal-…

(1) There is a town of Colstrip water infrastructure mitigation account within the state special revenue fund established in 17-2-102. (2) There must be deposited in the account money allocated pursuant to 15-35-108(11). (3) Money deposited in the account must be transferred to t…

This part may be cited as the "Infectious Waste Management Act".

The purpose of this part is to protect the public health, safety, and welfare of the citizens of Montana by developing and implementing infectious waste management policies that are reasonable, cost-effective, aesthetically pleasing, and environmentally acceptable.

As used in this part, the following definitions apply: (1) "Disposal" or "dispose" has the meaning provided in 75-10-203. (2) "Generate" or "generation" means to produce infectious waste. (3) "Infectious" means capable of producing disease. To be infectious, the following four fa…

(1) Except as provided in subsection (2), a person may not generate, treat, store, transport, or dispose of infectious waste in a manner not authorized under the provisions of this part or rules adopted under the provisions of this part. (2) The prohibition in subsection (1) does…

(1) Infectious waste must be separated from ordinary waste at the point of origin and stored until the waste is rendered noninfectious in separate, distinct containers with biohazard warning labels in compliance with the following procedures: (a) Sharps must be contained for stor…

(1) A person that is required to obtain a license from a board or department of the state to operate a health care facility, as defined in 50-5-101, or to engage in a profession or occupation: (a) may not generate infectious waste, store infectious waste at a place where infectio…

A person who violates this part or a rule adopted pursuant to this part is guilty of a misdemeanor. Absolute liability, as provided for in 45-2-104, is imposed for a violation of this part or a rule adopted under this part.

The purpose of this part is to encourage the good management of solid waste and the conservation of natural resources through the promotion or development of systems to collect, separate, reclaim, recycle, and dispose of solid waste for energy production purposes when economicall…

(1) To implement this part, the following are declared to be public policies of this state: (a) Maximum recycling from solid waste is necessary to protect the public health, welfare, and quality of the natural environment. (b) Solid waste management systems must be developed, fin…

Unless the context clearly requires otherwise, in this part, the following definitions apply: (1) "Board" means the board of environmental review provided for in 2-15-3502. (2) "Container site" means a solid waste management facility that: (a) is generally open to the public for …

The department shall: (1) prepare, adopt, and implement a state solid waste management and resource recovery plan as required by 75-10-111 and 75-10-807; (2) adopt rules necessary for the implementation of this part, including but not limited to rules: (a) governing the submissio…

The department may: (1) accept loans and grants from the federal government and other sources to carry out the provisions of this part; and (2) collect the solid waste management fees provided for in 75-10-115.

(1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstan…

(1) Each retailer and wholesaler offering motor oil for sale shall visibly display at an appropriate location within the retail store or wholesale outlet a sign indicating the location of the nearest waste oil recycling collection center if the center is within 25 miles of the re…

The department shall adopt the solid waste management and resource recovery plan required in 75-10-104 and 75-10-807 according to the rulemaking procedures of the Montana Administrative Procedure Act under Title 2, chapter 4, part 3. The department shall prepare the plan in conju…

A local government may: (1) plan, develop, and implement a solid waste management system consistent with the state's solid waste management and resource recovery plan and propose modifications to the state's solid waste management and resource recovery plan; (2) upon adoption of …

In the event the revenues of a solid waste management system are insufficient to pay the costs, a local government may levy a pro rata fee against the users of the solid waste management district. The pro rata fee shall be based on a per ton, per pound, or volume assessment.

(1) The department may adopt rules, pursuant to 75-10-104, that set fees for the management and regulation of solid waste at facilities subject to regulation pursuant to part 2 of this chapter. Upon adoption, the department may collect the fees. These fees may include: (a) a lice…

A person who owns a solid waste disposal facility that is subject to the fees under 75-10-115 and who fails to pay the fee in the manner provided by department rule is subject to a fine of not more than $2,000 or imprisonment not to exceed 6 months, or both, and shall reimburse t…

(1) There is a solid waste management account in the state special revenue fund provided for in 17-2-102. (2) There must be deposited in the account: (a) all revenue from the solid waste management fees provided for in 75-10-115; and (b) money received by the department in the fo…

As used in this part, the following definitions apply: (1) "Board" means the board of environmental review provided for in 2-15-3502. (2) "Department" means the department of environmental quality provided for in 2-15-3501. (3) "Disposal" means the discharge, injection, deposit, …

Except as provided in subsection (4), the department shall adopt rules governing the licensure of a person engaged in the business of cleaning cesspools, septic tanks, and privies or disposing of septage. The rules must provide: (1) procedures for issuance, denial, renewal, and r…

There is an account in the state special revenue fund. Money in the account must be used to fund administration and enforcement of this part. The department shall use $50 of each license fee collected under 75-10-1212 to provide training and education for those licensed under thi…

(1) Except as provided in subsection (2), a person may not engage in the business of cleaning cesspools, septic tanks, or privies or dispose of septage unless licensed by the department. (2) An owner or lessee of property from which septage is removed may dispose of that septage …

An application for a license must be made to the department on forms provided by the department. The application must contain: (1) the full name and business address of the applicant; (2) a list of the counties in which business is to be conducted and a list of disposal sites tha…

(1) A license expires on December 31 of each calendar year. A license is renewable in accordance with procedures established in rules adopted pursuant to 75-10-1202 and upon receipt of the application provided for in subsection (2) of this section. A license is not transferable. …

(1) The department may sue to enjoin the operation or maintenance of a septage collection or disposal operation until compliance with this part, the rules of the department, or an order issued pursuant to this part has been demonstrated. (2) Upon request of the department, the at…

The department may deny or revoke a license after giving the applicant written notice and an opportunity for a hearing before the board. The decision to deny or revoke a license may be made only after a finding that a business or disposal site cannot be operated or is not being o…

(1) If the department believes that a violation of this part, a rule adopted under this part, or an order issued under this part has occurred, it may serve written notice of the violation, by certified mail, on the alleged violator or the violator's agent. The notice must specify…

(1) A person who disposes of septage in violation of 75-10-1210 or of the standards adopted pursuant to 75-10-1202 is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $500. (2) (a) A person who violates this part or a rule or order adopted pursua…

The legislature finds that some properties are being contaminated with hazardous chemical residues created by the manufacture of methamphetamine and fentanyl or the consumption of methamphetamine or fentanyl. Innocent members of the public may be harmed when they are unknowingly …

Unless the context requires otherwise, in this part, the following definitions apply: (1) "Certified contractor" means any person or company certified by the department to perform the assessment or remediation of inhabitable property or volunteer property contaminated by methamph…

(1) The decontamination standard for methamphetamine inside inhabitable property is less than or equal to 1.5 micrograms of methamphetamine for each 100 square centimeters of surface material unless a different standard is adopted by the department by rule to protect human health…