Terms Used In Montana Code > Title 75 > Chapter 11 > Part 4 - Montana Petroleum Brownfields Revitalization Act

• 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.
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-11-403
• Grant recipient: means a city, town, county, consolidated city-county, tribal government, economic development organization, nonprofit organization, or state agency that has received federal brownfields money from the environmental protection agency. See Montana Code 75-11-403
• 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, firm, trust, estate, partnership, company, association, joint-stock company, syndicate, consortium, commercial entity, corporation, state government agency, or local government. See Montana Code 75-11-403
• Petroleum brownfields sites: means real property where the expansion, redevelopment, or reuse is or may be complicated by the presence or perceived presence of petroleum contamination. See Montana Code 75-11-403
• Petroleum tank release site: means a site where there has been a release from a petroleum storage tank and assessment, remediation, or both are being pursued in accordance with Title 75, chapter 11, part 3. See Montana Code 75-11-403
• Property: means real and personal property. See Montana Code 1-1-205
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Reasonable steps: means , as appropriate, stopping continuing releases, preventing threatened future releases, or preventing or limiting human, environmental, or natural resource exposure to earlier petroleum or petroleum product releases. See Montana Code 75-11-403
• Responsible party: means :

  (i)a person who is responsible for conducting the assessment, investigation, and cleanup at a petroleum tank release site as determined through:

  (A)a judgment rendered in a court of law or an administrative order;

  (B)an enforcement action by federal authorities or the department; or

  (C)a citizen suit, contribution action, or other third-party claim brought against the current owner of the petroleum tank release site; or

  (ii)a current owner of a petroleum tank release site who:

  (A)dispensed or disposed of petroleum or petroleum product contamination at the site;

  (B)exacerbated existing petroleum contamination at the site;

  (C)owned the site when any dispensing or disposal of petroleum by others took place; or

  (D)failed to take reasonable steps with regard to petroleum contamination at the site. See Montana Code 75-11-403

• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Viable responsible party: means a responsible party who is determined by the department in accordance with 75-11-407 to have the financial capability to conduct the assessment, investigation, or cleanup activities at a petroleum tank release site. See Montana Code 75-11-403