Title 75, Title 75

Sections 75-2-217 and 75-2-218 may not be construed to: (1) affect the department's issuance of a permit for the construction, installation, alteration, or use of a source of air pollutants pursuant to 75-2-211 or 75-2-215; (2) restrict the department's authority to adopt regulat…

(1) A person required to obtain a permit or to register a facility pursuant to this chapter shall submit to the department fees set pursuant to 75-2-112 that are sufficient to cover the reasonable costs, direct and indirect, of developing and administering the permitting or regis…

(1) All money collected by the department pursuant to 75-2-112 and 75-2-220 must be deposited in an account in the state special revenue fund to be appropriated by the legislature to the department for the development and administration of the permitting and registration requirem…

For the purposes of 75-2-224 through 75-2-227, unless otherwise required by the context, the following definitions apply: (1) "Applicant" means a person submitting a permit application for which the person is required to pay a fee under 75-2-220 and includes a permitholder who pa…

(1) An applicant may receive a credit against the fees imposed in 75-2-220 for using postconsumer glass in recycled material if the applicant qualifies under 75-2-226. (2) An applicant qualifying for a credit under 75-2-226 is entitled to claim a credit, as provided in subsection…

(1) The following requirements must be met for an applicant to be entitled to a credit for the use of postconsumer glass: (a) The postconsumer glass must have been used in recycled material in the calendar year prior to the calendar year in which the applicant is applying for and…

(1) The department shall adopt rules describing postconsumer glass and recycled material that qualify for the credit authorized by 75-2-226. (2) In addition to the public participation provisions of Title 2, chapter 4, the department shall maintain a register of interested person…

(1) In addition to the requirements under 75-2-231, the department shall require the owner or operator of an existing commercial hazardous waste incinerator or an applicant for an air quality permit for a commercial hazardous waste incinerator to submit a plan that requires the c…

(1) Because of the potential emission of chlorinated dioxins, furans, heavy metals, and carcinogens as a result of the incineration of medical waste and hazardous waste and the potential health risk these chemicals pose, the department shall adopt rules establishing additional pe…

(1) An air quality permit for a commercial medical waste or commercial hazardous waste incinerator may not be issued, transferred, or altered pursuant to 75-2-211 and 75-2-215 without an application under this section. Before an application for the issuance, transfer, or alterati…

(1) The department may deny an application for the issuance, transfer, or alteration of a permit under 75-2-211 and 75-2-215 for a commercial medical waste or commercial hazardous waste incinerator or impose additional conditions on a permit pursuant to subsection (2) if within 5…

(1) The department may adopt rules for the registration of certain classes of sources of air contaminants in lieu of a permit application required under 75-2-211(2). (2) Rules adopted for the registration of animal or human crematoriums must include requirements for: (a) public n…

(1) After public hearing, a municipality or county may establish and administer a local air pollution control program if the program is consistent with this chapter and is approved by the department. (2) If a local air pollution control program established by a county encompasses…

(1) Any local air pollution control program meeting the requirements of this chapter and rules made pursuant to this chapter is eligible for state aid in an amount up to 30% of the locally funded annual operating cost of the program. (2) Federal aid granted to the state for devel…

(1) When the department believes that a violation of this chapter, a rule adopted under this chapter, or a condition or limitation imposed by a permit issued pursuant to this chapter has occurred, it may cause written notice to be served personally or by certified mail on the all…

(1) Any other law to the contrary notwithstanding, if the department finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the department shall order persons causing or contributin…

(1) The department or an authorized representative, for the purpose of ascertaining the state of compliance with this chapter or a rule, order, or permit in force under this chapter, may enter and inspect, at any reasonable time, any property, premises, or place, except a private…

(1) A person aggrieved by an order of the board or local control authority may apply for rehearing upon one or more of the following grounds and upon no other grounds: (a) the board or local control authority acted without or in excess of its powers; (b) the order was procured by…

(1) A person is guilty of an offense under this section if that person knowingly: (a) violates a provision of this chapter or a rule, order, or permit made or issued under this chapter; (b) makes a false material statement, representation, or certification on a form required unde…

(1) (a) A person who violates any provision of this chapter, a rule adopted under this chapter, or any order or permit made or issued under this chapter is subject to a civil penalty not to exceed $10,000 for each violation. Each day of each violation constitutes a separate viola…

(1) Except as provided in subsection (2), the department may assess and collect a noncompliance penalty from any person who owns or operates: (a) a stationary source (other than a primary nonferrous smelter that has received a nonferrous smelter order under 42 U.S.C. 7419) that i…

(1) The amount of the penalty that is assessed and collected with respect to any source under 75-2-421 through 75-2-429 must be equal to: (a) the amount determined in accordance with the rules adopted by the department, which must be no less than the economic value that a delay i…

(1) The assessed penalty required under 75-2-421 through 75-2-429 shall be paid in quarterly installments for the period of covered noncompliance. All quarterly payments, determined without regard to any adjustment or any subtraction under 75-2-422(1)(b), after the first payment …

(1) The department shall adjust from time to time the amount of the penalty assessment calculated or the payment schedule proposed by such owner or operator under 75-2-425(2)(a) if the department finds after notice and opportunity for a hearing on the record that the penalty or s…

(1) The department shall give a brief but reasonably specific notice of noncompliance to each person who owns or operates a source subject to 75-2-421(1) which is not in compliance as provided in that subsection, within 30 days after the department has discovered the noncomplianc…

(1) The board shall provide a hearing on the record and make a decision (including findings of fact and conclusions of law) not later than 90 days after the receipt of any petition under 75-2-425(2)(b) with respect to such source. (2) If the petition is denied, the petitioner sha…

All noncompliance penalties collected by the department pursuant to 75-2-421 through 75-2-429 shall be deposited in the state special revenue fund until a final determination and adjustment have been made as provided in 75-2-424 and amounts have been deducted by the department fo…

In the case of any emission limitation, emission standard, or other requirement approved or adopted by the department under this chapter after July 1, 1979, and approved by the federal environmental protection agency as an amendment to the state implementation plan, which is more…

(1) Any orders, payments, sanctions, or other requirements under 75-2-421 through 75-2-428 shall be in addition to any other permits, orders, payments, sanctions, or other requirements established under this chapter and shall in no way affect any civil or criminal enforcement pro…

This part may be cited as the "Asbestos Control Act".

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Accreditation" means a certificate issued by the department that permits a person to work in an asbestos-related occupation. (2) "Asbestos" means asbestiform varieties of chrysotile…

(1) The department shall, subject to the provisions of 75-2-207, adopt rules establishing standards and procedures for accreditation of asbestos-related occupations and control of the work performed by persons in asbestos-related occupations. The rules must be consistent with fed…

The department shall provide by rule a procedure for the issuance of an annual asbestos project permit to any facility that has an asbestos health and safety program meeting department criteria and that continuously employs accredited asbestos workers. This permit allows a facili…

The department shall review a permit application within 5 working days of receipt of a complete application and an appropriate fee for an asbestos project that: (1) involves more than 10 square feet but less than 160 square feet in surface area; (2) involves more than 3 linear fe…

(1) There is an asbestos control account in the state special revenue fund. There must be deposited in the account all money received from fees collected under this part. (2) Funds in the account are allocated to the department for the purpose of funding the costs of implementing…

(1) To qualify for accreditation in a particular asbestos-related occupation, a person must: (a) (i) successfully complete an asbestos-related training course for that occupation approved by the department or the United States environmental protection agency; and (ii) pass an exa…

A person engaged in an asbestos project shall maintain the records required by department rule concerning the nature of project activities.

(1) (a) A district court may assess a civil penalty of not more than $25,000 a day upon a person that violates any provision of this part, a rule adopted under this part, or a permit or order issued under this part. In the case of a continuing violation, each day the violation co…

(1) The department may deny, suspend, or revoke the accreditation of a person that: (a) fraudulently or deceptively obtains or attempts to obtain accreditation; (b) fails to meet the qualifications for accreditation or fails to comply with the requirements of this part, a rule ad…

(1) A person convicted of purposely or knowingly violating any provision of this part, a rule adopted under this part, or a permit or order issued under this part is guilty of a misdemeanor. (2) A prosecution under this section is not a bar to enforcement by injunction or other a…

The department may institute and maintain in the name of the state, actions for injunctive relief, as provided in Title 27, chapter 19, to: (1) immediately restrain a person from engaging in an unauthorized activity that is endangering or causing damage to public health or the en…

(1) (a) At any reasonable time and upon presentation of credentials, an employee or agent of the department may enter upon and inspect any place at which: (i) an asbestos project is being conducted; (ii) asbestos-containing material from an asbestos project is stored; or (iii) re…

The department may issue a cleanup order to any person that has deposited asbestos-containing material or that has disturbed asbestos-containing material or that owns any property where the asbestos-containing material is located when the material poses an immediate threat to pub…

This part may be cited as the "Montana Radon Control Act".

As used in this part, the following definitions apply: (1) "Department" means the department of environmental quality. (2) "Inhabitable real property" means any real property that includes a building affixed to land. The building must be designed to be primarily occupied by human…

In order to be publicly listed as proficient by the department in a radon-related occupation, a person shall pass a United States environmental protection agency proficiency examination approved by the department.