Title 75, Title 75

(1) The department shall determine if and verify when a volunteer property has met all decontamination requirements pursuant to 75-10-1303. (2) The department may not list any volunteer properties on a publicly accessible website or other locations.

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Department" means the department of environmental quality provided for in 2-15-3501. (2) "Mine waste" means soil, rock, and other earthen materials excavated from a mine and slimes,…

Except as provided in 75-10-1411, a person who undertakes a remedial action for the remediation of mine or smelter waste on property owned by someone other than the owner of the waste shall complete the remedial action in accordance with a schedule negotiated between the person c…

(1) Except as provided in 75-10-1411 and subsection (2) of this section, as part of a remedial action on property owned by another, mine and smelter waste may not be placed or remediated in place at a location within 200 feet of any mine excavation or opening. (2) (a) The require…

(1) Except as provided in 75-10-1411, mine and smelter waste repositories constructed by persons undertaking a remedial action on property owned by another must be capped with a minimum of 24 inches of cover material, including a minimum of 6 inches of topsoil, and revegetated as…

(1) A person undertaking a remediation action for mine or smelter waste on property owned by someone other than the waste owner shall prepare and submit to the property owner a detailed, written plan describing the waste to be remediated and remedial actions to take place on the …

(1) A district court may assess a civil penalty upon a person who violates 75-10-1401 through 75-10-1405 of not more than $1,000 per day. (2) An action under this section is not a bar to enforcement by injunction or other appropriate civil remedy. (3) The penalty provided for in …

This part does not apply to reclamation of an abandoned mine site pursuant to 82-4-371 or to the extent that the actions irreconcilably conflict with an order or plan approval issued by the department pursuant to Title 75, chapter 10, part 7, a corrective action order or permit i…

(1) There is a Libby asbestos superfund oversight committee. The oversight committee is attached to the department of environmental quality for administrative purposes only, as prescribed in 2-15-121. (2) The oversight committee consists of: (a) the director of the department of …

(1) There is established a fund of the permanent fund type to pay exclusively for the cost to the state of cleanup and long-term operation and maintenance at the Libby asbestos superfund site. (2) The fund is financed with: (a) 20% of the funds allocated for the cleanup and long-…

(1) There is a Libby asbestos cleanup operation and maintenance account in the state special revenue fund established in 17-2-102. Subject to appropriation by the legislature, money deposited in the account must be used for: (a) cleanup and long-term operation and maintenance cos…

This part may be cited as "The Montana Solid Waste Management Act".

(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Montana Solid Waste Management Act. It is the legislature's intent that the requirements of this part provide adequate remedies …

Unless the context requires otherwise, 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) "Dispose" or "disposa…

The department shall, subject to the provisions of 75-10-107, adopt rules governing solid waste management systems that must include but are not limited to: (1) requirements for the plan of operation and maintenance that must be submitted with an application under this part; (2) …

The department has continuing authority and responsibility to inspect a solid waste management system under the provisions of this part. Inspections may be conducted only during reasonable hours and only after presentation of appropriate credentials identifying the inspector as a…

(1) A person may apply to the board for a variance from rules adopted by the department pursuant to 75-10-204, except for rules adopted pursuant to 75-10-204(6). The board may grant a variance if it finds that: (a) failure to comply with the rules does not result in a danger to p…

(1) Owners and operators of municipal solid waste landfills and other disposal sites that at any time accepted household waste, that are in operation as of October 1, 1989, and that serve a geographic area with a population of 5,000 or more persons as determined by the most recen…

(1) Except as provided in subsection (2), the department shall adopt rules governing the inspection and regulation of the transportation and management of infectious waste as defined in 75-10-1003. (2) The department may not adopt rules to regulate: (a) the generation of infectio…

(1) A person may not dispose of solid waste except as permitted under this part. (2) It is unlawful to dump or leave any garbage, dead animal, or other debris or refuse: (a) in or upon any highway, road, street, or alley of this state; (b) in or upon any public property, highway,…

It is unlawful to: (1) place all or any part of a dead animal in any lake, river, creek, pond, reservoir, road, street, alley, lot, or field; (2) place all or any part of a dead animal within 1 mile of the residence of any person unless the dead animal or part of a dead animal is…

(1) (a) This part may not be construed to prohibit a person from disposing of the person's own solid waste that is generated in reasonable association with the person's household or agricultural operations upon land owned or leased by that person or covered by easement or permit …

The department shall implement a statewide household hazardous waste public education program. The program must include but is not limited to providing information about: (1) alternatives to disposal of household hazardous waste at municipal solid waste landfills and other dispos…

(1) A solid waste management system licensed pursuant to 75-10-221 for the sole or primary purpose of storage, treatment, processing, or disposal of waste tires is required to provide and maintain financial assurance in accordance with rules of the department. (2) Financial assur…

(1) Except as provided in 75-10-214, a person may not dispose of solid waste or operate a solid waste management system without a license from the department. (2) The department shall provide application forms for a license as provided in this part. (3) The application must conta…

(1) When the department receives an application for a license pursuant to the provisions of this part, the local health officer in the county where the solid waste management system will be located shall be notified in writing of the application within 15 days after the departmen…

(1) The local health officer may refuse to validate a license issued under this part only upon a finding that the requirements of this part and the rules implementing this part cannot be satisfied. If the local health officer refuses to validate the license, the local health offi…

The department may deny or revoke a license to operate a solid waste management system after giving the applicant and the local health officer 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 findi…

(1) When the department believes that a violation of part 1 or this part, a violation of a rule adopted under part 1 or this part, a violation of an order issued under this part, or a violation of a permit provision has occurred, it may serve written notice of the violation on th…

(1) A person who violates a provision of this part, a rule adopted or an order issued under this part, or a license provision is subject to an administrative penalty not to exceed $250 or a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation…

The department may, through the attorney general or appropriate county attorney, initiate and maintain in district court enforcement actions as provided in this part, including actions to collect a criminal penalty or to enjoin the transportation of solid waste or the operation o…

(1) A person violating this part or regulations prescribed by the department under this part, except 75-10-212(2), is guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $500. (2) Each day upon which a violation occurs is a separate violation…

(1) A person found guilty of a violation of 75-10-212 shall be fined in the sum not exceeding $500. (2) A person found absolutely liable under 75-10-212 is subject to a civil penalty not to exceed $5,000. (3) The provisions of 75-10-212 must be enforced by all highway patrol offi…

(1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under this part i…

(1) The department shall establish guidelines to compare costs and benefits of continued disposal of coal combustion residues at electrical generation facilities versus economical ways to reuse coal combustion residues. (2) The guidelines must include requirements for promptly de…

(1) Waste tires that are mechanically compressed or baled and bound together with cable, straps, wires, or other nonpermanent mechanical devices may not be used for any aboveground purpose within 500 feet of any road, commercial business, or private residence without the consent …

This part shall be known and may be cited as the "Montana Hazardous Waste Act".

(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Hazardous Waste Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the…

Unless the context requires otherwise, 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) "Dispose" or "disposa…

(1) The department may: (a) administer and enforce the provisions of this part, rules implementing this part, and orders and permits issued pursuant to this part; (b) conduct and publish studies on hazardous wastes and hazardous waste management; (c) initiate, conduct, and suppor…

(1) The department may, subject to the provisions of 75-10-107, adopt, amend, or repeal rules governing hazardous waste and used oil, including but not limited to the following: (a) identification and classification of those hazardous wastes that are subject to regulation and tho…

(1) A person may not construct or operate a hazardous waste management facility without first obtaining a permit from the department for the facility, except that the department may, by rule, prescribe conditions under which specified hazardous wastes or specified quantities of h…

If it is determined that an application for a certificate under the Montana Major Facility Siting Act, Title 75, chapter 20, will result in the generation, transportation, storage, or disposal of hazardous wastes as defined in 75-10-403, the department shall conduct its review un…

(1) A person who is a generator or transporter of hazardous wastes or who owns or operates a hazardous waste management facility may apply to the board for a variance or partial variance from the application of or compliance with any requirement of this part or any rule adopted u…

(1) The department may, as a condition of a permit, require the owner or operator of a facility to install equipment, collect and analyze samples, and maintain records in order to monitor and demonstrate compliance with this part, rules adopted under this part, any order of the b…

(1) (a) An employee or agent of the department, at any reasonable time and upon presentation of credentials, may enter upon and inspect any property, premises, or place at which: (i) hazardous wastes are or have been generated, stored, treated, disposed of, or loaded for transpor…