Title 75, Title 75

The agreement made pursuant to 75-10-626 is solely for the benefit of the state of Montana and is not enforceable by bondholders or other third-party beneficiaries.

(1) There is a CERCLA cost recovery special revenue account in the state special revenue fund established in 17-2-102. (2) There must be deposited in the CERCLA cost recovery account amounts obtained by the department through cost recovery under CERCLA for costs paid, in whole or…

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) "Director" means the director of the department. (3) "Environment" means any surface water, …

(1) The department is authorized to adopt rules for the implementation of this part, including but not limited to: (a) rules for listing and delisting facilities on a priority list, required by 75-10-704, based on the following criteria: (i) a facility eligible for listing must h…

(1) No action taken by any person to contain or remove a release, whether the action is taken voluntarily or at the request of the department or its designee, may be construed as an admission of liability for the discharge. (2) Actions taken by the department pursuant to 75-10-71…

(1) Subject to legislative fund transfers, there is in the state special revenue fund an environmental quality protection fund to be administered as a revolving fund by the department. The department is authorized to expend amounts from the fund necessary to carry out the purpose…

This part may be cited as the "Comprehensive Environmental Cleanup and Responsibility Act".

(1) The purposes of this part are to: (a) protect the public health and welfare of all Montana citizens against the dangers arising from releases of hazardous or deleterious substances; (b) encourage private parties to clean up sites within the state at which releases of hazardou…

(1) The department may undertake any investigative or other information-gathering action that it considers necessary or appropriate for determining the need for remedial action, choosing or taking a remedial action, or otherwise enforcing the provisions of this part. (2) Any auth…

(1) The department may take remedial action whenever: (a) there has been a release or there is a substantial threat of a release into the environment that may present an imminent and substantial endangerment to the public health, safety, or welfare or to the environment; and (b) …

If the department determines that immediate response to an imminent threat to public health, safety, or welfare or the environment is necessary to avoid substantial injury or damage to persons, property, or resources, remedial action may be taken pursuant to 75-10-711(1) without …

(1) (a) Except as provided in 75-10-712, before final approval by the director of the department of any administrative order on consent, issued pursuant to 75-10-711, or before judicial approval of a consent decree issued pursuant to this part, the department shall: (i) publish a…

(1) In lieu of proceeding under 75-10-711(5), the department may assess penalties of not more than $1,000 a day for each violation against a person liable under 75-10-715(1) for a release or threat of release who has failed or refused to comply with an order issued by the departm…

(1) Except as provided in 70-30-323 and 75-10-742 through 75-10-751, notwithstanding any other provision of law, and subject only to the defenses set forth in subsection (5) and the exclusions set forth in subsection (7), the following persons are jointly and severally liable for…

As used in 75-10-717 and this section, the following definitions apply: (1) "Emergency responder" means a public safety agency or a private entity acting under a request from or authority granted by a government agency, including law enforcement, firefighting, ambulance or medica…

An emergency responder has the right to recover from the responsible party the emergency responder's full costs directly related to a hazardous material incident.

(1) A person who is a remedial action contractor with respect to a release or threatened release of a hazardous or deleterious substance is not liable under this part to any person for injuries, costs, damages, expenses, or other liability that results from the release or threate…

(1) A person who has resolved that person's liability to the state arising under 75-10-715 or section 107(a)(1) through (a)(4) of CERCLA, 42 U.S.C. 9607(a)(1) through (a)(4), in an administrative or judicially approved settlement is not liable for claims for contribution regardin…

(1) Whenever the department determines that property upon which a release or threatened release of a hazardous or deleterious substance has occurred may present an imminent and substantial endangerment to the public health, safety, or welfare or the environment, the department ma…

(1) A remedial action performed under this part or a voluntary cleanup under 75-10-730 through 75-10-738 must attain a degree of cleanup of the hazardous or deleterious substance and control of a threatened release or further release of that substance that assures protection of p…

(1) The department shall keep a record of the state's remedial action costs. (2) Based on this record, the department may require a person liable under 75-10-715 to pay the amount of the state's remedial action costs, including interest and, if applicable, penalties under 75-10-7…

(1) To expedite effective remedial actions and minimize litigation, the department, in its discretion and whenever practicable and in the public interest, may negotiate and enter into an agreement or an administrative order on consent with any person, including the owner or opera…

Any person who receives notice under 75-10-711, who is held jointly and severally liable under 75-10-715, or who initiates a voluntary cleanup under the provisions of 75-10-730 through 75-10-738 may bring a private right of action, including a claim for contribution or declarator…

A governmental fire agency organized under Title 7, chapter 33, and the employees of the agency are not liable for civil damages, except damages for gross negligence or willful or wanton misconduct, for their acts or omissions that are directly related to the hazardous material i…

(1) Any person may commence a civil action to compel compliance by any liable or potentially liable person under 75-10-715 alleged to be in violation of a rule, notice letter, order, or department-approved remedial action required pursuant to a notice letter or order under this c…

(1) An owner of real property may, with department approval, restrict the use of the owner's real property to mitigate the risk posed to the public health, safety, and welfare and the environment by imposing on the real property, without conveying the property or creating a domin…

(1) If a potentially liable person or assignee recovers remedial action costs at a particular site from a financially responsible party, reimbursement from the orphan share is proportionally reduced by the amount of remedial action costs recovered, less any litigation expenses, i…

(1) Except as provided in subsections (2) and (3), this section applies to civil claims brought in judicial proceedings on behalf of individuals and entities for the recovery of restoration damages to address impacts to real property caused by releases of hazardous or deleterious…

Sections 75-10-730 through 75-10-738 may be cited as the "Voluntary Cleanup and Redevelopment Act".

(1) (a) The purposes of 75-10-730 through 75-10-738 are to provide for the protection of the public health, welfare, and safety and of the environment and to foster the cleanup, transfer, reuse, or redevelopment of facilities where releases or threatened releases of hazardous or …

(1) A facility where there has been a release or threatened release of a hazardous or deleterious substance that may present an imminent and substantial endangerment to the public health, safety, or welfare or the environment may be eligible for voluntary cleanup procedures under…

(1) Any person may submit an application for the approval of a voluntary cleanup plan to the department under the provisions of this section. (2) A voluntary cleanup plan must include: (a) an environmental assessment of the facility that includes the information required in 75-10…

(1) The department may only accept voluntary cleanup plans under 75-10-730 through 75-10-738 that are prepared by a qualified environmental professional. A qualified environmental professional is a person with education, training, and experience in preparing environmental studies…

(1) Upon determination by the department that an application for a voluntary cleanup plan is complete pursuant to 75-10-736(1) and (2), the department shall publish a notice and brief analysis of the proposed plan in a daily newspaper of general circulation in the area affected a…

(1) The department shall review for completeness, including adequacy and accuracy, in accordance with the requirements of 75-10-734, the environmental assessment component of a voluntary cleanup plan and shall provide a written completeness notice to the applicant within 30 days …

If a party has elected to undertake an approved voluntary cleanup and is diligently proceeding to implement the plan, the department may not, except as provided in 75-10-712, take remedial action under 75-10-711 with regard to those releases or threatened releases of hazardous or…

(1) After completion of the voluntary cleanup plan, an applicant may petition the department for closure of the facility under 75-10-730 through 75-10-738. (2) Within 60 days of receipt of a petition for closure, weather permitting, the department shall conduct a review to determ…

Sections 75-10-742 through 75-10-751 may be cited as the "Controlled Allocation of Liability Act".

(1) There is an orphan share account in the state special revenue fund established in 17-2-102 that is to be administered by the department. Money in the account is available to the department by appropriation and, except as provided in subsections (9), (10), and (11), must be us…

(1) Except for a facility that is listed on the national priorities list pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., a facility listed on the priority list established pursuant to 75-10-702 is eli…

(1) For a facility at which the department has initiated a remedial action under 75-10-711 through the issuance of a notice letter prior to July 1, 1997, any person determined to be potentially liable under 75-10-715 may petition the department in writing to initiate the allocati…

(1) If the department determines that immediate response to an imminent threat to public health, safety, or welfare or the environment is necessary to avoid substantial injury or damage to persons, property, or resources, the department may require any potentially liable person t…

(1) Each person participating in the allocation process for a facility may conduct discovery for a period of not more than 90 days from the date of the last notice or nomination letter. Discovery requests by each person participating in the allocation process, including the orpha…

(1) After discovery pursuant to 75-10-747 closes, all persons participating in the allocation process shall conduct good faith settlement negotiations for a period of 30 days. (2) The participating potentially liable persons may use an impartial mediator when conducting settlemen…

(1) If the preallocation negotiations pursuant to 75-10-748 fail to produce a stipulated agreement within the timeframe provided in 75-10-748, the participating persons shall select an allocator within 30 days after the preallocation negotiations end. All participating persons sh…

(1) Upon selection or appointment, the allocator shall establish the process and schedule for determining the allocation, including the length and scope of any documents to be presented. (2) The participating persons shall submit to the allocator and to each other a statement of …