75-8-107. Degree of cleanup required — labor requirements. (1) A remediation plan must demonstrate that it will meet the requirements of subsection (2) and attain a degree of cleanup of the affected property consistent with, but not more stringent than, applicable legal obligations, giving consideration to reasonably anticipated future uses of affected property.

Terms Used In Montana Code 75-8-107

  • Affected property: means the property owned by or under the control of an owner that is affected by a coal-fired generating unit, including:

    (i)land, surface water, or ground water directly affected by the coal-fired generating unit, associated impoundments, disposal and waste operations, buildings, structures, or other improvements or operations infrastructure; and

    (ii)areas affected by activities necessary to the closure and dismantling of the coal-fired generating unit. See Montana Code 75-8-103

  • Applicable legal obligations: means any applicable state or federal environmental laws, including but not limited to the Montana Water Quality Act, rules regarding disposal of coal combustion residuals from electric utilities, the Montana Major Facility Siting Act, and other applicable laws administered by the department in accordance with Title 75. See Montana Code 75-8-103
  • Owner: means a person who has a legal or equitable interest in property subject to this part or the person's legal representative. See Montana Code 75-8-103
  • Property: means real and personal property. See Montana Code 1-1-205
  • Reasonably anticipated future uses: means likely future land or resource uses that take into consideration:

    (a)local land and resource use regulations, ordinances, restrictions, or covenants;

    (b)historical and anticipated uses of a site where a coal-fired generating unit is located;

    (c)patterns of development in the immediate area; and

    (d)relevant indications of anticipated land use from an operator or owner, or both, of a coal-fired generating unit, affected property owners, and local planning officials. See Montana Code 75-8-103

  • Remediation: means all actions required by an applicable legal obligation directed exclusively toward achieving a degree of cleanup required in accordance with 75-8-107. See Montana Code 75-8-103

(2)When contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work to implement a remediation plan, an owner shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all remediation. Contracts signed must require contractors and subcontractors to:

(a)pay the standard prevailing rate of wages as defined in 18-2-401 for remediation; and

(b)pay apprentice wage rates, as applicable, in accordance with 39-6-108 for remediation completed by an apprentice employed by a contractor or subcontractor.