Sections
Part 1 Plans, Funds, and Administration § 75-10-101 – § 75-10-125
Part 2 Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act § 75-10-201 – § 75-10-250
Part 4 Hazardous Waste Management § 75-10-401 – § 75-10-451
Part 5 Motor Vehicle Recycling and Disposal § 75-10-501 – § 75-10-542
Part 6 State Participation in CERCLA § 75-10-601 – § 75-10-631
Part 7 Remedial Action Upon Release of Hazardous Substance § 75-10-701 – § 75-10-757
Part 8 Integrated Waste Management § 75-10-801 – § 75-10-807
Part 10 Infectious Waste Management Act § 75-10-1001 – § 75-10-1007
Part 11 Notice of Motor Oil Recycling Center § 75-10-1101
Part 12 Septage Disposal — Licensure § 75-10-1201 – § 75-10-1223
Part 13 Methamphetamine Contamination — Indoor Property Decontamination Standards § 75-10-1301 – § 75-10-1306
Part 14 Mine and Smelter Waste Remediation § 75-10-1401 – § 75-10-1411
Part 15 Mercury-Added Thermostat Collection § 75-10-1501 – § 75-10-1509
Part 16 Libby Asbestos Cleanup Operation § 75-10-1601 – § 75-10-1604

Terms Used In Montana Code > Title 75 > Chapter 10 - Waste and Litter Control

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bequest: Property gifted by will.
  • Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-10-1201
  • CERCLA: means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510. See Montana Code 75-10-602
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Composting: means the controlled biological decomposition of organic matter into humus. See Montana Code 75-10-802
  • Contaminant: includes but is not limited to any element, substance, compound, or mixture, including disease-causing agents, that after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction), or physical deformations in the organisms or their offspring. See Montana Code 75-10-602
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Customary: means according to usage. See Montana Code 1-1-206
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-602
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-701
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-802
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-1201
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-1401
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-1503
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
  • Director: means the director of the department. See Montana Code 75-10-701
  • Disposal: means the discharge, injection, deposit, dumping, spilling, leaking, or placing of septage into or onto the land or water. See Montana Code 75-10-1201
  • dispose: has the meaning provided in 75-10-203. See Montana Code 75-10-1003
  • Domestic sewage: means waste and wastewater from humans or household operations that are discharged to or otherwise enter a treatment works. See Montana Code 75-10-1201
  • Environment: means any surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the state of Montana or under the jurisdiction of the state of Montana. See Montana Code 75-10-701
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Facility: means :

    (i)any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or

    (ii)any site or area where a hazardous or deleterious substance has been deposited, stored, disposed of, placed, or otherwise come to be located. See Montana Code 75-10-701

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: means a trustee, executor, administrator, personal representative, custodian, conservator, guardian, or receiver acting or holding property for the exclusive benefit of another person. See Montana Code 75-10-701
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreclosure: means acquisition of title to property through foreclosure, purchase at foreclosure sale, assignment or acquisition of title in lieu of foreclosure, repossession in the case of a lease financing transaction, or acquisition of a right to title or other agreement in full or partial settlement of a loan obligation. See Montana Code 75-10-701
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fund: means the environmental quality protection fund established in 75-10-704. See Montana Code 75-10-701
  • generation: means to produce infectious waste. See Montana Code 75-10-1003
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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

  • Hazardous substance: means :

    (i)any substance designated pursuant to section 311(b)(2)(A) of the federal Water Pollution Control Act;

    (ii)any element, compound, mixture, solution, or substance designated a hazardous substance by regulations promulgated by the administrator of the federal environmental protection agency pursuant to section 102 of CERCLA;

    (iii)any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the federal Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of congress);

    (iv)any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act;

    (v)any hazardous air pollutant listed under section 112 of the federal Clean Air Act; and

    (vi)any imminently hazardous chemical substance or mixture with respect to which the administrator of the environmental protection agency has taken action pursuant to section 7 of the federal Toxic Substances Control Act. See Montana Code 75-10-602

  • Hazardous waste: means a solid waste or combination of solid wastes that because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

    (a)cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

    (b)pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed. See Montana Code 75-10-602

  • Household: means single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, day-use recreational areas, or similar structures or areas. See Montana Code 75-10-701
  • Household refuse: means garbage, trash, and sanitary wastes in septic tanks that are derived from a household. See Montana Code 75-10-701
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Industrial wastewater: means wastewater generated in a commercial or industrial process. See Montana Code 75-10-1201
  • Infectious: means capable of producing disease. See Montana Code 75-10-1003
  • Infectious waste: means waste capable of producing infectious disease. See Montana Code 75-10-1003
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institutional control: means a restriction on the use of real property that mitigates the risk posed to public health, safety, and welfare and the environment. See Montana Code 75-10-701
  • Integrated waste management: means the coordinated use of a priority of waste management methods, as specified in 75-10-804. See Montana Code 75-10-802
  • Intermediate point: means a place where infectious waste is not treated or disposed of. See Montana Code 75-10-1003
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacturer: means a business concern that owns or owned the name brand of a mercury-added thermostat sold in this state. See Montana Code 75-10-1503
  • Mercury-added thermostat: means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment in residential, commercial, industrial, or other buildings. See Montana Code 75-10-1503
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Natural resources: means land, fish, wildlife, biota, air, surface water, ground water, drinking water supplies, and any other resources within the state of Montana owned, managed, held in trust, or otherwise controlled by or appertaining to the state of Montana or a political subdivision of the state. See Montana Code 75-10-701
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Orphan share: means the percentage share of remedial action costs for a facility that is attributable, under the procedures in 75-10-742 through 75-10-751, to identified but bankrupt or defunct persons who are not an affiliate of any viable person, unless affiliated by stock ownership. See Montana Code 75-10-701
  • Orphan share fund: means the fund for the orphan share account established in 75-10-743. See Montana Code 75-10-701
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owns or operates: means owning, leasing, operating, managing activities at, or exercising control over the operation of a facility. See Montana Code 75-10-701
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Person: means an individual, firm, partnership, company, association, corporation, city, town, local government entity, federal agency, or any other governmental or private entity, whether organized for profit or not. See Montana Code 75-10-1003
  • Person: means an individual, firm, partnership, association, corporation, city, town, local government entity, or other government or private entity, whether organized for profit or not. See Montana Code 75-10-1201
  • Personal property: All property that is not real property.
  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • Petroleum product: includes gasoline, crude oil (except for crude oil at production facilities subject to regulation under Title 82), fuel oil, diesel oil or fuel, lubricating oil, oil sludge or refuse, and any other petroleum-related product or waste or fraction of the product or waste that is liquid at standard conditions of temperature and pressure (60 degrees F and 14. See Montana Code 75-10-701
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Postconsumer material: means only those paper products generated by a consumer that have served their intended end uses and have been separated or diverted from the solid waste stream. See Montana Code 75-10-802
  • President: means the president of the United States. See Montana Code 75-10-602
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Program: means a system for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats that is financed, as well as managed or provided, by a manufacturer or collectively with other manufacturers. See Montana Code 75-10-1503
  • Property: means real and personal property. See Montana Code 1-1-205
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. 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 the facility;

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

    (d)relevant indications of anticipated land use from the owner of the facility and local planning officials. See Montana Code 75-10-701

  • Recycling: means all activities involving the collection of recyclable material, including but not limited to glass, paper, or plastic; the processing of recyclables to prepare them for resale; the marketing of recovered material for use in the manufacture of similar or different products; and the purchase of products containing recycled material. See Montana Code 75-10-802
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment but excludes:

    (a)any release that results in exposure to persons solely within a workplace, with respect to a claim that persons may assert against their employer;

    (b)emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

    (c)(i) the release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the federal Atomic Energy Act of 1954, if the release is subject to requirements with respect to financial protection established by the nuclear regulatory commission under section 170 of that act; or

    (ii)for the purposes of section 104 of CERCLA or any other response action, any release of source byproduct or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the federal Uranium Mill Tailings Radiation Control Act of 1978; and

    (d)the normal application of fertilizer. See Montana Code 75-10-602

  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous or deleterious substance directly into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous or deleterious substance), but excludes releases confined to the indoor workplace environment, the use of pesticides as defined in 80-8-102 when they are applied in accordance with approved federal and state labels, and the use of commercial fertilizers, as defined in 80-10-101, when applied as part of accepted agricultural practice. See Montana Code 75-10-701
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remedial action: means those actions consistent with a permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment that prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to the present or future public health or welfare or the environment. See Montana Code 75-10-602
  • 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
  • Remedial action contract: means a written contract or agreement entered into by a remedial action contractor with the state, or with a potentially liable person acting pursuant to an order or request issued by the department, the United States, or any federal agency, to provide a remedial action with respect to a release or threatened release of a hazardous or deleterious substance. See Montana Code 75-10-701
  • Remedial action contractor: means :

    (a)any person who enters into and is carrying out a remedial action contract; or

    (b)any person who is retained or hired by a person described in subsection (22)(a) to provide services relating to a remedial action. See Montana Code 75-10-701

  • Remedial action costs: means reasonable costs that are attributable to or associated with a remedial action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts, feasibility studies, or health studies. See Montana Code 75-10-701
  • Retailer: means a person who sells thermostats of any kind directly to a consumer through a selling or distribution mechanism, including but not limited to a sale using catalogs or the internet. See Montana Code 75-10-1503
  • Reuse: means using a product in its original form for a purpose that is similar to or different from the purpose for which it was originally designed. See Montana Code 75-10-802
  • Septage: means liquid or solid material removed from a septic tank, cesspool, portable toilet, or similar treatment works that receives only domestic sewage. See Montana Code 75-10-1201
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Several: means two or more. See Montana Code 1-1-201
  • Sharps: means any discarded health care article that may cause punctures or cuts, including but not limited to:

    (a)broken glass that may be contaminated with blood;

    (b)needles; and

    (c)scalpel blades. See Montana Code 75-10-1003

  • Smelter waste: means cinders, clinker, slag, and other waste products from the reduction of ores by any means, including material that may have migrated from its original place of deposition by erosion, and that contain hazardous or deleterious substances. See Montana Code 75-10-1401
  • Source reduction: means the design, manufacture, purchase, or use of a material or product, including packaging, to reduce its amount or toxicity before it enters the solid waste stream. See Montana Code 75-10-802
  • Special waste: means solid waste that has unique handling, transportation, or disposal requirements to ensure protection of the public health, safety, and welfare and the environment. See Montana Code 75-10-802
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • store: means to hold for a temporary period. See Montana Code 75-10-1003
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Thermostat: means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment in residential, commercial, industrial, and other buildings. See Montana Code 75-10-1503
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • transportation: means to move infectious waste from the point of generation to any intermediate point or to the point of ultimate treatment or disposal. See Montana Code 75-10-1003
  • treatment: means to apply a method, technique, or process, including incineration, designed to render infectious waste sterile. See Montana Code 75-10-1003
  • Treatment works: means a publicly owned or privately owned device or system used to treat, including to recycle and to reclaim, either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature. See Montana Code 75-10-1201
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
  • Waste reduction: means practices that decrease the weight, volume, or toxicity of material entering the solid waste management stream. See Montana Code 75-10-802
  • Wholesaler: means a person engaged in the distribution and wholesale selling of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components and whose total wholesale sales account for 80% or more of total sales. See Montana Code 75-10-1503