Montana Code 75-10-756. Prohibition of covenant not to sue — exceptions
75-10-756. Prohibition of covenant not to sue — exceptions. (1) Except as provided in subsections (2) and (3), a person may not include a covenant not to sue in a contract with a property owner for remedial action of a listed site.
Terms Used In Montana Code 75-10-756
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-701
- Hazardous or deleterious substance: means a substance that because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose an imminent and substantial threat to public health, safety, or welfare or the environment and is:
(a)a substance that is defined as a hazardous substance by section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U. See Montana Code 75-10-701
- Person: means an individual, trust, firm, joint-stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state or state agency, political subdivision of the state, interstate body, or the federal government, including a federal agency. See Montana Code 75-10-701
- Property: means real and personal property. See Montana Code 1-1-205
- Remedial action: includes all notification, investigation, administration, monitoring, cleanup, restoration, mitigation, abatement, removal, replacement, acquisition, enforcement, legal action, health studies, feasibility studies, and other actions necessary or appropriate to respond to a release or threatened release. See Montana Code 75-10-701
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A contract between a property owner and a person conducting a remedial action on a listed site may, by mutual agreement, include a covenant not to sue if the person conducting the remedial action has:
(a)provided the property owner with a copy of a plan approved by the department or the United States environmental protection agency describing all of the remedial actions that will occur on the property owner’s land; and
(b)held a public meeting in the county where the listed site is located to collect public comment on the remedial action plan.
(3)This section does not apply to contracts or access agreements in which remuneration of at least $1,000 is a part of the contract or access agreement.
(4)As used in this section, the following definitions apply:
(a)”Department” means the department of environmental quality provided for in 2-15-3501.
(b)”Listed site” means one or more tracts of land, buildings, structures, or other facilities containing a hazardous or deleterious substance that have been listed by the department pursuant to this part or placed on the national priorities list pursuant to 42 U.S.C. § 9601, et seq.