Title 75, Title 75

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 any person from engaging in any unauthorized activity that is endangering or causing damage to the public health or…

Upon receipt of evidence that the storage or disposal of any regulated substance may present an imminent and substantial danger to the public health or to the environment, the department may commence legal proceedings to immediately restrain or enjoin any person who has contribut…

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

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

(1) The costs incurred by the department to close an underground storage tank pursuant to 75-11-504 or 75-11-512 constitute a lien in favor of the state upon all property and rights to the property that belong to the owner or operator. (2) The lien imposed by this section arises …

All legal actions affecting underground storage tanks or the disposal of regulated substances must be brought in the county in which the underground storage tank is located.

(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…

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 those provisions.

(1) Categorizing petroleum storage tank release sites as resolved is a higher priority than investigation of new releases unless the new release is an imminent danger to the health and safety of the public. (2) The department shall develop a list of open release sites prioritized…

(1) (a) A person who violates any of the provisions of this part or any rules promulgated under the authority of this part may be assessed and ordered by the department to pay an administrative penalty not to exceed $500 for each violation. This limitation on administrative penal…

(1) There is an underground storage tank account within the state special revenue fund established in 17-2-102. There must be paid into the account: (a) revenues from underground storage tank permit and notification fees; and (b) corrective action costs, damages, and penalties re…

(1) This part may be cited as the "Montana Contaminated Property Compensation and Restoration Act". (2) This part applies only to common law claims brought in judicial proceedings on behalf of private interests of individuals or entities.

For purposes of this part, the following definitions apply: (1) "Department" means the department of environmental quality provided for in 2-15-3501. (2) (a) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum or petroleum p…

(1) Restoration damages for a common law claim alleging contamination of special use property may be granted by the trier of fact and may only be obtained pursuant to this part. (2) Nothing in this section precludes the award of other damages allowed under common law and statute.

(1) Restoration damages awarded pursuant to 75-11-603, exclusive of damages awarded for attorney fees and costs, must be used to conduct any remedial and corrective action necessary to restore the special use property for which the damages were awarded to its function and use pri…

The plaintiff in an action for restoration damages resulting from the contamination of special use property has the burden of proof to show that a property meets the definition of a special use property.

This part may be cited as the "Montana Brownfields Revitalization Act".

The legislature finds that: (1) real properties exist across the state where the stigma of hazardous substance and petroleum contamination hinders the development or best use of the property. These properties may be eligible for brownfields funding. (2) the assessment and cleanup…

(1) The definitions used in this part are for the purpose of determining the eligibility of sites to receive and expend federal brownfields funding received by a grant recipient from the United States environmental protection agency under the federal Brownfields Revitalization an…

(1) For the purpose of determining the viability of a responsible party at a brownfield site where petroleum contamination is the predominant contaminant, the department shall presume that: (a) ongoing businesses or companies and government entities are viable unless there is inf…

(1) Before an eligible entity may expend federal brownfields funds at a brownfield site, either the United States environmental protection agency or the department shall make a written determination that: (a) there is no viable responsible party for the contamination as determine…

Upon presentation of the proper credentials, an authorized representative of the department may enter any building, property, premises, place, or facility where brownfield redevelopment or environmental remediation activities are being performed or have been performed for the pur…

The department may adopt rules to implement the provisions of this part and to: (1) prescribe the form and content of applications for assistance from the brownfields site redevelopment fund; (2) apply eligibility criteria for awarding assistance from the brownfields site redevel…

(1) It is the intent of the brownfield program to strengthen communities throughout this state and to promote economic development by encouraging environmental remediation activities and brownfields redevelopment of properties blighted by real or perceived contamination. (2) The …

This part may be cited as the "Outdoor Advertising Act".

The legislature finds and declares that in order to promote the safety, convenience, and enjoyment of travel on and protection of the public investment in highways within this state and to preserve and enhance the natural scenic beauty or aesthetic features of the highways and ad…

As used in this part, the following definitions apply: (1) "Commercial or industrial activities" means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following activities are considered commercial or …

Nothing in this part shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which is more restrictive than the provisions of this part.

In the event the general requirements of Title 23, United States Code, "Highways", or existing rules and regulations of the United States department of transportation become amended or changed to less restrictive conditions than presently exist, then the commission shall amend or…

(1) Outdoor advertising may not be erected or maintained that is within 660 feet of the nearest edge of the right-of-way and that is visible from any place on the main-traveled way of an interstate or primary system, except: (a) directional and other official signs and notices, w…

Outdoor advertising is unlawful: (1) when erected after June 24, 1971, contrary to this part or erected after June 24, 1971, beyond 660 feet of the nearest edge of the right-of-way of an interstate or primary highway outside of an urban area with the purpose of its message being …

Except for outdoor advertising beyond 660 feet of the nearest edge of the right-of-way of an interstate or primary highway outside of an urban area, outdoor advertising permitted under 75-15-111(1)(d) and (1)(e) must conform to the following requirements: (1) Signs may not be ere…

The commission may adopt rules to control the erection and maintenance of outdoor advertising along the interstate and primary highway systems in conformance with the terms of this part and in conformity with 23 U.S.C. 131, as amended.

(1) (a) A sign authorized by 75-15-111(1)(a), (1)(d), and (1)(e) may not be constructed or maintained without a permit. Applications for permits must be made to the department on forms furnished by it. The department shall require reasonable information to be furnished, including…

(1) The department may acquire by gift, purchase, agreement, exchange, or eminent domain existing outdoor advertising and property rights pertaining to advertising that was lawfully in existence on June 24, 1971, and that by virtue of 75-15-111(1) is nonconforming. Eminent domain…

The department may enter into an agreement with the secretary regarding the size, lighting, and spacing of outdoor advertising, as provided in this part, which may be erected and maintained within the areas adjacent to the interstate and primary highway system which are zoned com…

(1) The department may enter upon lands bearing outdoor advertising and make examination of such advertising. (2) The department shall give notice in writing, either by certified mail or by personal service, to the owner or occupant of the land on which advertising believed to be…

When the department determines that a willful false or misleading statement has been made in the application for a permit or that the structure for which a permit was issued is not in a reasonable state of repair or is unsafe, the department shall notify the holder of the permit …

All outdoor advertising which does not conform to the requirements of this part is a public nuisance.

Any person violating any provision of this part is guilty of a misdemeanor.

(1) For the purposes of promoting the public safety, health, and welfare and the convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declare…

Nothing in this part shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which is more restrictive than the provisions of this part.

As used in this part only, the following definitions apply: (1) "Interstate system" means that portion of the national system of interstate and defense highways located within this state as officially designated or as may hereafter be so designated by the state transportation com…

The department of transportation may enter into agreements with the United States secretary of transportation as provided in Title 23, United States Code, relating to the control of junkyards in areas adjacent to the interstate and primary systems and take action in the name of t…

The department of transportation may apply to the district court for the county in which is located any junkyard not conforming to the requirements of this part for an injunction to abate such nuisance.

No person shall establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, without obtaining a license.