Title 75, Title 75

Upon receipt of evidence that the handling, storage, treatment, transportation, or disposal of any used oil or hazardous waste may present an imminent and substantial danger to the public health or the environment, the department may commence legal proceedings to immediately rest…

The department may issue a cleanup order to any person who has discharged, deposited, or spilled any used oil or hazardous waste into or onto any land or water in an unlawful or unapproved manner or who has discharged, deposited, or spilled any material or substance into or onto …

(1) A person who violates any provision of this part, a rule adopted under this part, an order of the department or the board, or a permit is subject to a civil penalty not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation. Penalties ass…

(1) A person is guilty of an offense under this section if the person knowingly: (a) transports any hazardous waste to an unpermitted facility; (b) treats, stores, or disposes of hazardous waste subject to regulation under this part or the rules adopted under this part without a …

(1) The department is designated as the official agency for the state for all purposes of the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 through 6987), as amended, and for the purpose of such other state or federal legislation as has or may be enacted …

All legal actions affecting hazardous waste management facilities in the state must be brought in the county in which the facility is located or is proposed to be located.

(1) The provisions of this part and rules promulgated pursuant to this part govern if they conflict with other provisions of Montana law or any action taken by the department under such provisions. (2) The remedies provided for in this part are cumulative with other remedies prov…

It is unlawful to dispose of used oil or hazardous waste, as defined in this part or by rule, without a permit or, if a permit is not required under this part or rules adopted under this part, by any other means not authorized by law.

(1) The department may assess a person who violates a provision of this part or a rule adopted under this part an administrative penalty, not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation, but the maximum penalty may not exceed $100,…

Whenever, on the basis of any information, the department determines and verifies that there is or has been a release of hazardous waste or constituents into the environment from any facility that treats, stores, or disposes of hazardous waste, whether or not the facility is auth…

(1) Subject to the provisions of subsection (4), a permit that is required for a hazardous waste management facility under 75-10-406 may not be issued, reissued, renewed, or modified without the filing of a disclosure statement as required under this section. Before an applicatio…

(1) The department may deny an application for the issuance, reissuance, renewal, or modification of a permit for a hazardous waste management facility or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application: (a)…

(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…

As used in 75-10-432, the following definitions apply: (1) "Class I facility" means a hazardous waste management facility that: (a) contains one or more regulated landfill units, surface impoundments, land treatment units, incinerators, boilers, or industrial furnaces; and (b) pr…

(1) The department may establish and collect fees for the filing and review of hazardous waste management facility permits. The fees must be based upon the following schedule: (a) for class I facilities, a maximum fee of $150,000, payable as follows: (i) a nonrefundable payment o…

(1) An owner or operator of a hazardous waste management facility that primarily receives waste generated by offsite sources that are not owned, controlled, or operated by the facility owner or operator or site owner shall collect from generators and remit quarterly to the depart…

(1) There must be credited to an account within the state special revenue fund established in 17-2-102: (a) all fees collected under 75-10-432; (b) all fees collected under 75-10-433, except fees paid to a county; (c) all fees collected for the registration of hazardous waste gen…

(1) The owner or manager of a proposed commercial facility for the storage, collection, or transfer of hazardous waste (whether or not the proposed facility is subject to permitting under 75-10-406) shall conduct a public hearing in the nearest population center to provide inform…

(1) Until October 1, 1993, the department may not issue a permit under 75-10-406 for a boiler or industrial furnace that burns hazardous waste or hazardous waste-derived fuel. (2) Notwithstanding the provisions of (1), the department shall proceed in a reasonable and timely manne…

(1) It is unlawful for any person to distribute, sell, or offer for sale within the state quantities of 20 gallons or more of halogenated solvent annually to a single purchaser for commercial or government use unless the purchaser possesses proof of registration with the departme…

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) "Component part" means any identifiable part of a discarded, ruined, wrecked, or dismantled motor vehicle, incl…

Possession at a single location of four or more junk vehicles of a type required to be licensed is prima facie evidence that the possessor is operating a motor vehicle wrecking facility.

(1) The department shall adopt rules necessary for the administration of this part, except 75-10-520, including but not limited to rules pertaining to: (a) the establishment, control, operation, and licensing of motor vehicle wrecking facilities and graveyards; (b) the control of…

A motor vehicle wrecking facility or graveyard site established or proposed on or after July 1, 1973, may not be approved for use or licensed if the proposed facility cannot be shielded from public view on the date it is initially established or proposed to the department for lic…

Notwithstanding the provisions of this part, any person possessing one or more junk vehicles, regardless of ownership, shall shield the vehicles from public view or remove the vehicles to a licensed motor vehicle wrecking facility or to a licensed motor vehicle graveyard after th…

(1) A person may not conduct, maintain, or operate a motor vehicle wrecking facility or motor vehicle graveyard without a license issued by the department. (2) Application for the license must be made on forms furnished by the department. (3) An annual fee of $100 must be paid to…

(1) Each motor vehicle wrecking facility shall maintain books or files in which are kept a record and description of every junk vehicle obtained by it, together with the name and address of the person from whom the vehicle was purchased. (2) This record must also contain: (a) the…

(1) If a person owning or operating a motor vehicle wrecking facility submits a junk vehicle to the disposal program, the vehicle is then the property of the state. (2) A person owning or operating a motor vehicle graveyard shall submit to the department the records, documents, a…

(1) The department may deny or suspend a motor vehicle wrecking facility's license on any of the following grounds: (a) The applicant or licensee sold or otherwise disposed of a motor vehicle, trailer, or any part of a motor vehicle or trailer when it knew the vehicle or part was…

A decision by the department to issue, deny, or revoke a motor vehicle wrecking facility or graveyard license may be appealed to the board within 30 days after receipt of official notice of the department's decision.

(1) When an application for a motor vehicle wrecking facility or motor vehicle graveyard is filed with the department, the department shall notify by mail: (a) each owner of property adjoining the proposed facility; (b) the governing body of the county in which the proposed facil…

An insurance company settling an insurance claim on a damaged motor vehicle as a total loss less salvage may dispose of the motor vehicle at a motor vehicle wrecking facility only if it is licensed under the provisions of 75-10-511.

(1) (a) Each county shall acquire, develop, and maintain property for free motor vehicle graveyards. The property may be acquired by purchase, lease, or otherwise. (b) As an alternative, the county may contract for the maintenance and operation of a motor vehicle graveyard or gra…

An individual may dispose of a junk vehicle by delivering the vehicle to a motor vehicle graveyard and by delivering to the department the certificate or evidence of title to the vehicle or a written release of the vehicle.

(1) The department shall contract for final disposition of junk vehicles accumulated in motor vehicle graveyards and shall provide for crushing and recycling the material from the vehicles. (2) The department may also contract to dispose of, by crushing and recycling, junk vehicl…

All money received from the sale of junk vehicles or from recycling of the material and all motor vehicle wrecking facility license fees must be remitted to the state, as provided in 15-1-504. Subject to legislative fund transfers, the money must be used for the control, collecti…

The department shall report to the office of budget and program planning, as a part of the information required by 17-7-111, the amount collected under this part and the cost of administration of this part, except 75-10-520, to date so that any necessary adjustment of the amount …

The department shall pay to a county the amount of the approved junk vehicle collection and graveyard budget of the county. The yearly payment may not exceed $1.40 for each motor vehicle under 8,001 pounds gross vehicle weight that is licensed in that county. However, for those c…

(1) When the department determines that a violation of this part, a violation of a rule adopted or an order issued under this part, or a violation of a license provision has occurred, it may serve written notice of the violation on the alleged violator or the violator's agent. Th…

(1) The department may sue to enjoin the operation or maintenance of a motor vehicle wrecking facility or graveyard either permanently or until compliance with this part, the rules of the department, or an order issued pursuant to this part has been demonstrated. (2) The departme…

(1) A person who purposely or knowingly violates this part, except 75-10-520, is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $250, be imprisoned in the county jail for a term not to exceed 30 days, or both. (2) A person who violates a provis…

The legislature finds that the existence of hazardous substances and contaminants in the environment and hazardous waste disposal sites poses a significant health hazard through potential and actual contamination of the environment. This part is therefore enacted to protect the p…

As used in this part, the following definitions apply: (1) "CERCLA" means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510. (2) (a) "Contaminant" includes but is not limited to any element, substance, compound, or mixtur…

(1) In order to assist in implementation of CERCLA, the department may, subject to the provisions of 75-10-107: (a) participate in the determination of appropriate remedial action to deal with the release or threatened release within Montana of: (i) any contaminant presenting an …

(1) If a cooperative agreement requires expenditure of state and federal funds which, together with the monetary obligation contained in any prior cooperative agreement made during the same biennium, exceeds the amount appropriated for that biennium for implementation of this par…

(1) There is a hazardous waste/CERCLA special revenue account within the state special revenue fund established in 17-2-102. (2) There must be paid into the hazardous waste/CERCLA account: (a) proceeds from the resource indemnity and ground water assessment tax as provided by 15-…