Sections
Part 1 In-Lieu Payments for Taxes § 7-6-101 – § 7-6-109
Part 2 Deposit and Investment of Public Money § 7-6-201 – § 7-6-213
Part 4 Counties and Municipalities Interest on Overdue Accounts § 7-6-401 – § 7-6-403
Part 5 Local Government Levy for Juvenile Detention Programs § 7-6-501 – § 7-6-502
Part 6 Local Government Accounting § 7-6-601 – § 7-6-622
Part 11 Tax and Revenue Anticipation Notes § 7-6-1101 – § 7-6-1116
Part 15 Resort Tax § 7-6-1501 – § 7-6-1551
Part 16 Impact Fees to Fund Capital Improvements § 7-6-1601 – § 7-6-1604
Part 21 Office of County Treasurer § 7-6-2101 – § 7-6-2141
Part 22 General Provisions Related to Counties § 7-6-2201 – § 7-6-2230
Part 24 County Auditor and Claims Against County § 7-6-2401 – § 7-6-2430
Part 25 County Taxation § 7-6-2501 – § 7-6-2541
Part 26 County Warrants § 7-6-2601 – § 7-6-2607
Part 27 Investment of County Money § 7-6-2701 – § 7-6-2702
Part 28 Management of School Money § 7-6-2801 – § 7-6-2802
Part 40 Local Government Budget Act § 7-6-4001 – § 7-6-4038
Part 43 Claims Against Municipalities § 7-6-4301 – § 7-6-4311
Part 44 Municipal Taxation § 7-6-4401 – § 7-6-4469
Part 45 Municipal Warrants § 7-6-4501 – § 7-6-4504
Part 46 Deposit and Investment of Municipal Money § 7-6-4601 – § 7-6-4603

Terms Used In Montana Code > Title 7 > Chapter 6

  • Accounting period: means a calendar year unless another 12-month period is selected by a fiduciary. See Montana Code 72-34-422
  • Accreditation: means a certificate issued by the department that permits a person to work in an asbestos-related occupation. See Montana Code 75-2-502
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrator: means the administrator of the division of oil and gas conservation. See Montana Code 82-11-101
  • Adult: means an individual who has attained the age of 21 years. See Montana Code 72-26-502
  • Advertisement: means a representation, other than a representation on the label, that is disseminated by any means and that relates to seed governed by the provisions of this chapter. See Montana Code 80-5-120
  • Advisory council: means the Montana noxious weed seed free forage advisory council. See Montana Code 80-7-903
  • Affected land: means the area of land and land covered by water that is disturbed by opencut operations. See Montana Code 82-4-403
  • 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

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agreement: shall mean contract and shall include renewals and alterations of a contract. See Montana Code 7-6-101
  • Agricultural production: means the production of any growing grass, crops, or trees attached to the surface of the land or farm animals with commercial value. See Montana Code 82-10-502
  • Agricultural production: means the production of:

    (a) any growing grass, crops, or trees attached to the surface of the land; or

    (b) farm animals with commercial value. See Montana Code 76-15-903

  • Agricultural seeds: means the seeds of grass, forage, cereal, fiber crops, and any other kinds of seeds commonly recognized within this state as agricultural seeds. See Montana Code 80-5-120
  • Allegation: something that someone says happened.
  • Alternative control program: means a system of controlling insect pest populations through biological or other means not involving toxic chemicals. See Montana Code 80-7-501
  • Amendment: means a change to an approved operating or reclamation plan. See Montana Code 82-4-303
  • Amendment: means a change to the approved permit. See Montana Code 82-4-403
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Animal: means any warmblooded or coldblooded animal lawfully confined for food, fur, or fiber production, agriculture and its related activities, research, testing, or education. See Montana Code 81-30-102
  • Animal facility: includes a vehicle, building, structure, research facility, or premises where an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale. See Montana Code 81-30-102
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Applicant: means any person presenting notice of a project to the supervisors. See Montana Code 75-7-103
  • Appraisal: A determination of property value.
  • 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
  • Aquatic resources: means all beneficial uses of water, including but not limited to water quality and water supply; recreational, scenic, and aesthetic values; and fish, wildlife, and other organisms. See Montana Code 75-7-303
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asbestos: means asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, or actinolite. See Montana Code 75-2-502
  • Asbestos project: means the encapsulation, enclosure, removal, repair, renovation, placement in new construction, demolition of asbestos in a building or other structure, or the transportation or disposal of asbestos-containing waste. See Montana Code 75-2-502
  • Asbestos-related occupation: means an inspector, management planner, project designer, contractor, supervisor, or worker for an asbestos project. See Montana Code 75-2-502
  • Ascertainable standard: means a standard relating to an individual's health, education, support, or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, as in effect on the effective date of this chapter, or as later amended. See Montana Code 72-38-103
  • 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.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bee: means any stage in the life cycle of a bee of the species Megachile rotundata (F), commonly known as the alfalfa leaf-cutting bee. See Montana Code 80-6-1102
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means a person who:

    (a) has a present or future beneficial interest in a trust, vested or contingent; or

    (b) in a capacity other than that of trustee, holds a power of appointment over trust property. See Montana Code 72-38-103

  • Bequest: Property gifted by will.
  • Board: means the board of livestock provided for in 2-15-3102. See Montana Code 81-29-101
  • Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-26-301
  • Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 82-4-303
  • Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 82-4-403
  • Board: means the board of land commissioners. See Montana Code 76-17-101
  • Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-6-102
  • Board: shall mean the board of county commissioners of any county in this state. See Montana Code 7-6-101
  • Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-10-1201
  • Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-11-203
  • Board: means the board of oil and gas conservation provided for in 2-15-3303. See Montana Code 82-11-101
  • Board of directors: means the board of directors of the resort area district. See Montana Code 7-6-1501
  • Broker: means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. See Montana Code 72-26-502
  • Budget resolution: Legislation in the form of a concurrent resolution setting forth the budget. The budget resolution establishes various budget totals, divides spending totals into functional categories (e.g., transportation), and may include reconciliation instructions to designated committees.
  • Bulk: means not packaged in separate units. See Montana Code 80-5-120
  • Business: includes a corporation, partnership, sole proprietorship, trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit. See Montana Code 2-2-102
  • Cancellation: means the cessation of a lessee's possessory rights and privileges under a lease due to the lessee's breach of some term of the lease, applicable statutes, or applicable administrative rules. See Montana Code 77-1-902
  • Capital improvements: means improvements, land, and equipment with a useful life of 10 years or more that increase or improve the service capacity of a public facility. See Montana Code 7-6-1601
  • CERCLA: means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510. See Montana Code 75-10-602
  • Certification: means , with regard to tailings storage facilities, a statement of opinion by a professional engineer that the work on a tailings storage facility has been conducted in accordance with the normal standard of care within dam engineering practice. See Montana Code 82-4-303
  • Certification: means the process of analyzing bees and equipment by the committee to determine whether they meet required standards. See Montana Code 80-6-1102
  • Certification: means the state-approved and documented process of determining within a standard range of variances or tolerances that forage production fields are free of the seeds of noxious weeds, as defined in 7-22-2101, which process allows a person to sell the forage as noxious weed seed free and to attach approved certification identification. See Montana Code 80-7-903
  • Certified source water protection area: means an area certified by the department that identifies the surface and subsurface area surrounding a source of water for a public water supply system through which contaminants may move toward and reach the source of supply. See Montana Code 75-6-102
  • Certifying agency: means :

    (a) an agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and that has standards and procedures to ensure the genetic purity and identity of the seed certified; or

    (b) an agency of a foreign country determined by the department to adhere to procedures and standards for seed certification that are comparable to those adhered to generally by the seed certifying agencies described in subsection (5)(a). See Montana Code 80-5-120

  • Chambers: A judge's office.
  • Charitable trust: means a trust or portion of a trust created for a charitable purpose described in 72-38-405(1). See Montana Code 72-38-103
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • City: includes incorporated cities and towns. See Montana Code 76-1-103
  • City council: means the chief legislative body of a city or incorporated town. See Montana Code 76-1-103
  • Class II injection well: means a well, as defined by the federal environmental protection agency or any successor agency, that injects fluids:

    (a) that have been brought to the surface in connection with oil or natural gas production;

    (b) for purposes of enhancing the ultimate recovery of oil or natural gas; or

    (c) for purposes of storing liquid hydrocarbons. See Montana Code 82-11-101

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Coal: means a combustible carbonaceous rock formed from the compaction and induration of variously altered plant remains. See Montana Code 82-1-111
  • Coal bed methane developer or operator: means the person who acquires a lease for the purpose of extracting natural gas from a coal bed. See Montana Code 76-15-903
  • Coal-fired generating unit: means an individual unit of a coal-fired electrical generating facility located in Montana, where the unit has a generating capacity that is greater than or equal to 200 megawatts. See Montana Code 75-8-103
  • Commercial lease: means a contract to use state trust land for a commercial purpose. See Montana Code 77-1-902
  • 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 industrial:

    (a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh produce stands;

    (b) transient or temporary activities;

    (c) activities not visible from the main-traveled way;

    (d) activities conducted in a building principally used as a residence;

    (e) railroad tracks and minor sidings;

    (f) activities more than 660 feet from the nearest edge of the right-of-way. See Montana Code 75-15-103

  • Commercial purpose: means an industrial enterprise, retail sales outlet, business and professional office building, warehouse, motel, hotel, hospitality enterprise, commercial or concentrated recreational use, multifamily residential development, and other similar business. See Montana Code 77-1-902
  • Commercial purpose: means planting or propagating potatoes for the purpose of selling, trading, or otherwise exchanging for profit. See Montana Code 80-5-402
  • Commission: means the transportation commission of Montana. See Montana Code 75-15-103
  • Commission: means the Flathead basin commission established in 2-15-3330. See Montana Code 75-7-303
  • Committee: means the Montana alfalfa seed committee established in 2-15-3004. See Montana Code 80-6-1102
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • Community and urban forestry: means the planning, establishment, protection, care, and management of trees and associated plants individually, in small groups, or under forest conditions within municipalities and counties. See Montana Code 77-5-402
  • Community water system: means a public water supply system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents. See Montana Code 75-6-102
  • Compensation: means any money or economic benefit conferred on or received by any person in return for services rendered or to be rendered by the person or another. See Montana Code 2-2-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completeness: means that an application contains information addressing each applicable permit requirement as listed in this part or rules adopted pursuant to this part in sufficient detail for the department to make a decision as to adequacy of the application to meet the requirements of this part. See Montana Code 82-4-303
  • Composting: means the controlled biological decomposition of organic matter into humus. See Montana Code 75-10-802
  • Conditioning: means drying, cleaning, scarifying, and other operations that could change the purity or germination of a seed and require the seed lot to be retested to determine labeling. See Montana Code 80-5-120
  • Connection charge: means the actual cost of connecting a property to a public utility system and is limited to the labor, materials, and overhead involved in making connections and installing meters. See Montana Code 7-6-1601
  • Connectivity area: means an area that provides an important linkage among populations of sage grouse, particularly between core areas or priority populations in adjacent states and across international borders. See Montana Code 76-22-103
  • Consent: means agreement in fact, whether express or apparent. See Montana Code 81-30-102
  • Conservation bank: means a site or group of sites established through an agreement with the United States fish and wildlife service to provide ecological functions and services expressed as credits that are conserved and managed for sage grouse habitat and populations and used to offset debits occurring elsewhere. See Montana Code 76-22-103
  • Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Montana Code 72-26-502
  • Conservator: means a person appointed by the court to administer the estate of a minor or adult individual. See Montana Code 72-38-103
  • Constructor: means the company or companies constructing the built components of a tailings storage facility, including but not limited to embankment dams, surface water diversion structures, tailings distribution systems, reclaim water systems, and monitoring instrumentation. See Montana Code 82-4-303
  • Container: means any package, sack, box, crate, carton, basket, or other object used for the shipping of produce. See Montana Code 80-3-302
  • 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
  • Contamination: means impairment of the quality of state waters by sewage, industrial waste, or other waste creating a hazard to human health. See Montana Code 75-6-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract harvesting: means a timber harvest or timber sale occurring on state trust lands by which:

    (a) the department solicits bids and contracts with a firm or individual awarded the bid to:

    (i) perform all necessary work to harvest and process trees into merchantable forest products;

    (ii) sort trees pursuant to contract specifications and department use standards; and

    (iii) transport and deliver the products to forest product purchasers; and

    (b) the department sells the forest products to one or more forest product purchasers through the competitive bidding process pursuant to 77-5-201(1) and (2). See Montana Code 77-5-215

  • Contract harvesting costs: means expenses related to the production of log sorts or other merchantable products from a stand of timber and the transportation of the products to point-of-sale locations. See Montana Code 77-5-215
  • Controlling the pollination: means to use a method of hybridization that will produce pure seed that is at least 75% hybrid seed. See Montana Code 80-5-120
  • Conviction: A judgement of guilt against a criminal defendant.
  • Core area: means an area that has the highest conservation value for sage grouse and has the greatest number of displaying male sage grouse and associated sage grouse habitat. See Montana Code 76-22-103
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: means district court. See Montana Code 72-26-502
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Credit: means a defined unit of trade representing the accrual or attainment of resource functions or value at a proposed project site. See Montana Code 76-22-103
  • Crop weed: means any plant commonly accepted as a weed and for which grants for management research, evaluation, and education under 80-7-814(5)(g) may be given. See Montana Code 80-7-801
  • Cropland: means land used for the production of food and forage, including the headlands, ditches, and rights-of-way adjacent to such land. See Montana Code 80-7-501
  • Cropland spraying program: means the application of chemical or other substances to croplands for the purpose of preventing or destroying insect pests. See Montana Code 80-7-501
  • Cross-connection: means a connection between a public water supply system and another water supply system, either public or private, or a wastewater or sewerline or other potential source of contamination so that a flow of water into or contamination of the public water supply system from the other source of water or contamination is possible. See Montana Code 75-6-102
  • Custodial property: means :

    (a) any interest in property transferred to a custodian under this chapter; and

    (b) the income from and proceeds of that interest in property. See Montana Code 72-26-502

  • Custodian: means a person so designated under 72-26-603 or a successor or substitute custodian designated under 72-26-801. See Montana Code 72-26-502
  • Customary: means according to usage. See Montana Code 1-1-206
  • Cyanide ore-processing reagent: means cyanide or a cyanide compound used as a reagent in leaching operations. See Montana Code 82-4-303
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person engaged in the petroleum business and includes petroleum dealers and liquefied petroleum dealers. See Montana Code 82-15-101
  • Debit: means a defined unit of trade representing the loss of resource functions or value at an impact or project site. See Montana Code 76-22-103
  • Decedent: A deceased person.
  • Decked: means a pile of logs or other merchantable forest products that have been prepared for sale or shipment and placed upon a landing. See Montana Code 77-5-215
  • decommissioning: means :

    (a) except as provided in 75-26-304(2), the removal of buildings, cabling, electrical components, roads, or any other facilities associated with a wind generation or solar facility;

    (b) except as provided in 75-26-304(2), reclamation of surface lands to the previous grade and to comparable productivity in order to prevent adverse hydrologic effects; and

    (c) (i) the removal of the solar facility after the end of the facility's useful life or abandonment; or

    (ii) the removal of an aboveground wind turbine tower after the end of a wind generation facility's useful life or abandonment. See Montana Code 75-26-301

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of transportation. See Montana Code 75-15-103
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-26-301
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-303
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-403
  • Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 82-15-101
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-2-502
  • Department: means the department of natural resources and conservation as provided for in Title 2, chapter 15, part 33. See Montana Code 76-15-903
  • Department: means the department of environmental quality. See Montana Code 75-3-602
  • Department: means the department of natural resources and conservation. See Montana Code 76-17-101
  • Department: means the department of natural resources and conservation. See Montana Code 76-22-103
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-6-102
  • Department: means the Montana department of fish, wildlife, and parks. See Montana Code 75-7-103
  • Department: means the department of natural resources and conservation provided for in 2-15-3301. See Montana Code 77-5-402
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-8-103
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-602
  • Department: means the department of agriculture provided for in 2-15-3001. See Montana Code 80-5-402
  • Department: means the department of agriculture established in 2-15-3001. See Montana Code 80-6-1102
  • Department: means the department of agriculture established in 2-15-3001. See Montana Code 80-7-801
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-802
  • Department: means the department of agriculture as provided for in 2-15-3001. See Montana Code 80-8-403
  • 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
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-11-203
  • Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 82-11-101
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-11-403
  • Departments: means the department of agriculture, the department of fish, wildlife, and parks, the department of natural resources and conservation, and the department of transportation. See Montana Code 80-7-1003
  • Dependent: A person dependent for support upon another.
  • 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
  • Deprive: means to:

    (a) withhold an animal or other property from the owner permanently or for such a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

    (b) restore the animal or other property only upon payment of reward or other compensation; or

    (c) dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely. See Montana Code 81-30-102

  • Development: means construction, renovation, or installation of a building or structure, a change in use of a building or structure, or a change in the use of land when the construction, installation, or other action creates additional demand for public facilities. See Montana Code 7-6-1601
  • Devise: To gift property by will.
  • Director: means the director of agriculture appointed pursuant to 2-15-3001. See Montana Code 80-3-302
  • Director: means the director of agriculture as provided for in 2-15-3001. See Montana Code 80-8-403
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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
  • District: means :

    (a) a conservation district under Title 76, chapter 15, in which the project will take place;

    (b) a grass conservation district under Title 76, chapter 16, where a conservation district does not exist; or

    (c) the board of county commissioners in a county where a district does not exist. See Montana Code 75-7-103

  • Disturbed land: means the area of land or surface water that has been disturbed, beginning at the date of the issuance of the permit. See Montana Code 82-4-303
  • Docket: A log containing brief entries of court proceedings.
  • 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
  • Donor: The person who makes a gift.
  • Dormant: means viable seeds, excluding hard seeds, that fail to germinate when provided the specified germination conditions for the seed in question. See Montana Code 80-5-120
  • Drainage: means rainfall, surface, and subsoil water. See Montana Code 75-6-102
  • Effective consent: means consent by the owner or by a person legally authorized to act for the owner. See Montana Code 81-30-102
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Emergency: means the loss of a water supply that must be replaced immediately to avoid substantial damage to a landowner or a water right holder. See Montana Code 76-15-903
  • Engineer of record: means a qualified engineer who is the lead designer for a tailings storage facility. See Montana Code 82-4-303
  • Enhanced recovery: means the increased recovery from a pool achieved by artificial means or by the application of energy extrinsic to the pool; such artificial means or application includes pressuring, cycling, pressure maintenance, or injection into the pool of any substance or form of energy as is contemplated in secondary recovery and tertiary programs but does not include the injection in a well of a substance or form of energy for the sole purpose of aiding in the lifting of fluids in the well or stimulating of the reservoir at or near the well by mechanical, chemical, thermal, or explosive means. See Montana Code 82-11-101
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Environmental law: means a federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment. See Montana Code 72-38-103
  • Equipment: means shelters, trays, incubators, cell removers, tumblers, and other apparatus, except nesting materials, used in rearing bees. See Montana Code 80-6-1102
  • Equipment: means an implement or machinery that has been wholly or partially immersed in surface waters, including but not limited to boat lifts, trailers transporting vessels, floating docks, pilings, dredge pipes, and buoys. See Montana Code 80-7-1003
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Expansion: means , with regard to tailings storage facilities, a change in the size, height, or configuration of or a contiguous addition to an existing tailings storage facility that increases or may increase the storage capacity of the impoundment above the currently permitted capacity. See Montana Code 82-4-303
  • Exploration: means :

    (a) all activities that are conducted on or beneath the surface of lands and that result in material disturbance of the surface for the purpose of determining the presence, location, extent, depth, grade, and economic viability of mineralization in those lands, if any, other than mining for production and economic exploitation; and

    (b) all roads made for the purpose of facilitating exploration, except as noted in 82-4-310. See Montana Code 82-4-303

  • 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.
  • Federal statute: means a federal statute that is in accord with the United States constitution and that imposes mandates on state or local governments. See Montana Code 2-1-403
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Feral swine: means a hog, boar, or pig that appears to be untamed, undomesticated, or in a wild state or appears to be contained for commercial hunting or trapping. See Montana Code 81-29-101
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a personal representative or a trustee. See Montana Code 72-34-422
  • Field: means the general area underlaid by one or more pools. See Montana Code 82-11-101
  • Financial institution: means a bank, trust company, savings institution, or credit union chartered and supervised under state or federal law. See Montana Code 72-26-502
  • 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.
  • Flathead basin: means all land and water areas the water from which drains into Flathead Lake or its tributaries. See Montana Code 75-7-303
  • Flower seeds: means seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and that are commonly known and sold under the name of flower seeds in this state. See Montana Code 80-5-120
  • Fluid: means any material or substance that flows or moves, whether in a semisolid, liquid, sludge, gas, or any other form or state. See Montana Code 82-11-101
  • Forage: means any crop, including alfalfa, grass, small grains, straw, and similar crops and commodities, that is grown, harvested, and sold for livestock forage, bedding material, or mulch or related uses and the byproducts of those crops or commodities that have been processed into pellets, cubes, or related products. See Montana Code 80-7-903
  • 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
  • Forest health concerns: means issues that can be addressed through management or harvest of merchantable or nonmerchantable trees and includes:

    (a) forested lands that are overcrowded or stagnant and that are showing declining annual growth;

    (b) wildland-urban interface areas where timber harvest or forest management is necessary to prevent catastrophic or other damage to forested lands, livestock, buildings, or other infrastructure;

    (c) fire fuel buildup and treatment on forested lands;

    (d) forested lands susceptible to imminent or repeated insect or disease attack and timber degradation;

    (e) forested lands that are in a high state of decline or decay or are rapidly deteriorating;

    (f) forested lands with high recreational use and high degradation risk; and

    (g) forested lands under drought stress. See Montana Code 77-5-215

  • Forest products: means any product produced from the forest that the department can sell through competitive bid or direct negotiation. See Montana Code 77-5-215
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: shall mean , unless otherwise expressed, the government project fund to be established pursuant to 7-6-105. See Montana Code 7-6-101
  • Gas: means all natural gases and all other fluid hydrocarbons, including methane gas or any other natural gas found in any coal formation, as produced at the wellhead and not defined as oil in subsection (3). See Montana Code 82-1-111
  • General habitat: means an area providing habitat for sage grouse but not identified as a core area or connectivity area. See Montana Code 76-22-103
  • generation: means to produce infectious waste. See Montana Code 75-10-1003
  • Genuine grower declaration: means a statement signed by the grower that indicates, for each lot of seed, the lot number, kind, variety, origin, weight, year of production, date, and destination of shipment. See Montana Code 80-5-120
  • Germination: means the emergence and development from the seed embryo as evidence of vitality when the seeds are subjected to the proper moisture and temperature conditions with proper aeration for the customary length of time for each specific kind of seed, as specified in the rules for seed testing adopted by the association of official seed analysts. See Montana Code 80-5-120
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • governing bodies: means the governing body of any governmental unit represented on a planning board. See Montana Code 76-1-103
  • Governing body: shall mean the commission, board, body, or persons in which the powers of a subdivision as a body corporate or otherwise are vested. See Montana Code 7-6-101
  • Governing body: means the legislative authority of a local government, by whatever name designated. See Montana Code 7-6-1101
  • Governing body: means the elected body responsible for the administration of a local government. See Montana Code 7-6-4002
  • Governmental entity: means a county, city, town, or consolidated government. See Montana Code 7-6-1601
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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
  • Grantor: The person who establishes a trust and places property into it.
  • Gray water: means wastewater that is collected separately from a sewage flow and that does not contain industrial chemicals, hazardous wastes, or wastewater from toilets. See Montana Code 75-5-325
  • Ground water assessment steering committee: means the committee established by 2-15-1523. See Montana Code 85-2-903
  • Ground water characterization program: means a program to systematically assess and document the hydrogeology and quality of the state's major aquifers. See Montana Code 85-2-903
  • Ground water characterization study: means the assessment of individual aquifers in specific areas within the state. See Montana Code 85-2-903
  • Ground water monitoring program: means a program to produce and maintain a long-term record of ground water chemistry and water level changes, based on information collected from a statewide network of observation wells. See Montana Code 85-2-903
  • Grower: means the person responsible for planting and managing a crop on land where infringement of an intellectual property right is suspected to have occurred. See Montana Code 80-5-602
  • Growth policy: means a comprehensive development plan, master plan, or comprehensive plan that was adopted pursuant to this chapter before October 1, 1999, or a policy that was adopted pursuant to this chapter on or after October 1, 1999. See Montana Code 76-1-103
  • 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.
  • Guardian: means a person appointed by the court, by a parent, or by a spouse to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual. See Montana Code 72-38-103
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Habitat exchange: means a market-based system that facilitates the exchange of credits and debits between interested parties. See Montana Code 76-22-103
  • Habitat quantification tool: means the scientific method used to evaluate vegetation and environmental conditions related to the quality and quantity of sage grouse habitat and to quantify and calculate the value of credits and debits. See Montana Code 76-22-103
  • Hard seeds: means seeds that remain hard at the end of the prescribed test period because they have not absorbed water because of an impermeable seed coat. See Montana Code 80-5-120
  • 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 cleaning product: means any product, including but not limited to soaps and detergents, used for domestic cleaning purposes, which include but are not limited to the cleaning of fabrics, dishes, food utensils, and household premises. See Montana Code 75-5-903
  • Impact fee: means any charge imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development from which it is collected. See Montana Code 7-6-1601
  • Income: means money or property that a fiduciary receives as current return from a principal asset. See Montana Code 72-34-422
  • Income beneficiary: means a person to whom net income of a trust is or may be payable. See Montana Code 72-34-422
  • Income interest: means the right of an income beneficiary to receive all or part of net income, whether the trust requires it to be distributed or authorizes it to be distributed in the trustee's discretion. See Montana Code 72-34-422
  • 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
  • Independent review engineer: means a licensed engineer who is a recognized expert in tailings storage facility design, construction, operation, and closure. See Montana Code 82-4-303
  • Indigenous seeds: means the seeds of those plants that are naturally adapted to an area where the intended use is for revegetation of disturbed sites. See Montana Code 80-5-120
  • Industrial waste: means any waste substance from the processes of business or industry or from the development of a natural resource, together with any sewage that may be present. See Montana Code 75-6-102
  • Industrial wastewater: means wastewater generated in a commercial or industrial process. See Montana Code 75-10-1201
  • Inert matter: means all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by the association of official seed analysts. See Montana Code 80-5-120
  • 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
  • Infestation: means that a pest exists in such numbers, under certain conditions, and at certain times as to destroy or substantially damage or threaten to destroy livestock or other agricultural crops. See Montana Code 80-7-501
  • Infrastructure: means tangible facilities and assets related to water, sewer, wastewater treatment, storm water, solid waste and utilities systems, fire protection, ambulance and law enforcement, roads, bridges, and other transportation needs. See Montana Code 7-6-1501
  • Inhabitable real property: means any real property that includes a building affixed to land. See Montana Code 75-3-602
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insect pest: includes the grasshopper, cutworm, pale western cutworm, armyworm, chinch bug, and any other insect or arthropod generally recognized as a destroyer of grain, hay, range, and horticulture crops. See Montana Code 80-7-501
  • Inspection: means activities to inspect all or part of an underground storage tank system, including records relating to installation, operation, maintenance, and closure to determine compliance with applicable laws and rules relating to operation and maintenance. See Montana Code 75-11-203
  • Inspector: means an individual who performs inspections of underground storage tank systems. See Montana Code 75-11-203
  • Installer: means an individual who installs or closes underground storage tank systems. See Montana Code 75-11-203
  • 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
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interested person: means :

    (a) the trustee;

    (b) the qualified beneficiaries who are entitled to notice; and

    (c) the attorney general if the petition is related to a charitable trust subject to the jurisdiction of the attorney general. See Montana Code 72-38-103

  • Interests of the beneficiaries: means the beneficial interests provided in the terms of the trust. See Montana Code 72-38-103
  • Intermediate point: means a place where infectious waste is not treated or disposed of. See Montana Code 75-10-1003
  • intersection: means those areas and their approaches where traffic is channeled off or onto an interstate route, including the deceleration lanes or acceleration lanes from or to another federal, state, county, city, or other route. See Montana Code 75-15-103
  • Invasive species: means , upon the mutual agreement of the directors of the departments, a nonnative, aquatic species that has caused, is causing, or is likely to cause harm to the economy, environment, recreational opportunities, or human health. See Montana Code 80-7-1003
  • Invasive species management area: means a designation made by a department under 80-7-1008 for a specific area or for a body or bodies of water for a specific or indeterminate amount of time that regulates invasive species or potential carriers of invasive species within the boundaries of that area. See Montana Code 80-7-1003
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judicial officers: means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges. See Montana Code 1-1-202
  • Junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, or waste; iron, steel, and other old or scrap ferrous or nonferrous material. See Montana Code 75-15-203
  • Junkyard: means any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, excluding a motor vehicle graveyard or motor vehicle wrecking facility which is regulated under Title 75, chapter 10, part 5, and excluding a garbage dump or sanitary landfill which is regulated under Title 75, chapter 10, part 2. See Montana Code 75-15-203
  • Juror: A person who is on the jury.
  • Kind: means one or more related species or subspecies that are known singly or collectively by one common name, such as corn, oats, alfalfa, and timothy. See Montana Code 80-5-120
  • 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
  • Labeling: means a tag or other device, attached to or written, stamped, or printed on a container or accompanying a lot of bulk seeds, that purports to set forth the information required on the seed label under 80-5-123 and that may include any other information relating to the labeled seed. See Montana Code 80-5-120
  • Lake: means a body of standing water and the area within its lakeshore occurring naturally rather than by virtue of constructed impoundments (although a natural lake whose level is raised and whose area is increased by the construction of impoundments includes the additional level and area), having a water surface area of at least 160 acres for at least 6 months in a year of average precipitation as such averages are determined by the United States geological survey, not used exclusively for agricultural purposes, and navigable by canoes and small boats. See Montana Code 75-7-202
  • Land use management techniques and incentives: include but are not limited to zoning regulations, subdivision regulations, and market incentives. See Montana Code 76-1-103
  • Landowner: means the holder of legal title to land subjected to an opencut operation. See Montana Code 82-4-403
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legal representative: means an individual's personal representative or conservator. See Montana Code 72-26-502
  • Legislative council: means the statutory committee established in 5-11-101. See Montana Code 2-1-403
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license issued by the department under 75-11-204 or 75-11-210 to conduct the inspection, installation, or closure of underground storage tank systems. See Montana Code 75-11-203
  • Licensed installer: means an individual who holds a valid underground storage tank system installer license. See Montana Code 75-11-203
  • Limited valuation: means estimating the land value of commercial lease land by analyzing comparable land valuations conducted within 2 years of the lease commencement date as provided by real estate appraisers, local tax assessors, local realtors, an evaluation of local market rents, or a combination of those methods. See Montana Code 77-1-902
  • Lineal descendant: Direct descendant of the same ancestors.
  • Liquefied petroleum dealer: means a dealer engaged, directly or indirectly, in the business of delivering or distributing to a consumer or of selling or offering or advertising for sale or refining or manufacturing or keeping for sale in this state any petroleum product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes but excluding prepackaged liquefied petroleum products. See Montana Code 82-15-101
  • Liquefied petroleum product: means a product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes. See Montana Code 82-15-101
  • Liquefied petroleum product container: means a container approved by the American society of mechanical engineers that can hold 110 gallons or more of a liquefied petroleum product. See Montana Code 82-15-101
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local government: means a county, a consolidated government, an incorporated city or town, a school district, or a special district. See Montana Code 2-2-102
  • Local government: means any city, town, county, consolidated city-county, or school district. See Montana Code 7-6-1101
  • Local government: has the meaning provided in 7-6-602. See Montana Code 7-6-4002
  • Log sorts: means trees or portions of trees that are grouped and sorted into various product categories, including but not limited to pulp logs, sawlogs, and house logs. See Montana Code 77-5-215
  • Lost land value: means the value of the highest and best reasonably available use of the land directly utilized by oil and gas operations and production, other than uses appurtenant to the mineral estate. See Montana Code 82-10-502
  • Lot: means a definite quantity of seed identified by a lot number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling. See Montana Code 80-5-120
  • Luxuries: means any gift item, luxury item, or other item normally sold to the public or to transient visitors or tourists. See Montana Code 7-6-1501
  • Maintenance: means to repair, refurbish, repaint, or otherwise keep an existing sign structure in a state suitable for use. See Montana Code 75-15-103
  • Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Mandatory income interest: means the right of an income beneficiary to receive net income that the trust requires the fiduciary to distribute. See Montana Code 72-34-422
  • 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
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Materials: means bentonite, clay, scoria, peat, sand, soil, gravel, or mixtures of those substances. See Montana Code 82-4-403
  • Maximum contaminant level: means the maximum permissible level of a contaminant in water that is delivered to a user of a public water supply system. See Montana Code 75-6-102
  • Maximum credible earthquake: means the most severe earthquake that can be expected at a site based on geologic and seismological evidence, including a review of all historic earthquake data of events sufficiently nearby to influence the site, all faults in the area, and attenuations from causative faults to the site. See Montana Code 82-4-303
  • Mayor: means mayor of a city. See Montana Code 76-1-103
  • Medical supplies: means items that are sold to be used for curative, prosthetic, or medical maintenance purposes, whether or not prescribed by a physician. See Montana Code 7-6-1501
  • Medicine: means substances sold for curative or remedial properties, including both physician prescribed and over-the-counter medications. See Montana Code 7-6-1501
  • 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
  • Mineral: means any ore, rock, or substance, other than oil, gas, bentonite, clay, coal, sand, gravel, peat, soil materials, or uranium, that is taken from below the surface or from the surface of the earth for the purpose of milling, concentration, refinement, smelting, manufacturing, or other subsequent use or processing or for stockpiling for future use, refinement, or smelting. See Montana Code 82-4-303
  • Minor: means an individual who has not attained the age of 21 years. See Montana Code 72-26-502
  • Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mislabeled: means a package label or dispensing device of a product that bears any statement, design, or device regarding the product or regarding ingredients or substances in the product or regarding the properties, quality, or kind of products that is false or misleading in any manner. See Montana Code 82-15-101
  • Mixture: means seed consisting of more than one kind, each in excess of 5% by weight of the whole. See Montana Code 80-5-120
  • Montana certified seed grower: means a member of an authorized Montana seed certifying agency who has consented to produce seed under the rules for certified classes of seed, with respect to the maintenance of genetic purity and variety identity, set forth by the establishing agency. See Montana Code 80-5-120
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipality: means an incorporated city or town. See Montana Code 7-6-4002
  • Neighborhood plan: means a plan for a geographic area within the boundaries of the jurisdictional area that addresses one or more of the elements of the growth policy in more detail. See Montana Code 76-1-103
  • Nesting materials: means laminates, drilled boards, and other apparatus used in nesting bees. See Montana Code 80-6-1102
  • Net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the accounting period, plus or minus transfers under this chapter to or from income during the accounting period. See Montana Code 72-34-422
  • Notice: means :

    (a) oral or written communication by the owner or someone with apparent authority to act for the owner;

    (b) fencing or other enclosure obviously designed to exclude intruders or to contain animals; or

    (c) a sign or signs posted on the property or at the entrance to a building that are reasonably likely to come to the attention of intruders and that indicate that entry is forbidden. See Montana Code 81-30-102

  • Noxious weed: means any weed defined in 7-22-2101(9)(a). See Montana Code 80-7-801
  • Noxious weed seed free: means that forage has an absence of noxious weed seeds within a standardized range of variances or tolerances established by department rule. See Montana Code 80-7-903
  • Oath: includes an affirmation or declaration. See Montana Code 1-1-201
  • 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.
  • Observational method: means a continuous, managed, and integrated process of design, construction control, monitoring, and review enabling appropriate, previously defined modifications to be incorporated during and after construction. See Montana Code 82-4-303
  • official action: means a vote, decision, recommendation, approval, disapproval, or other action, including inaction, that involves the use of discretionary authority. See Montana Code 2-2-102
  • Oil: means crude petroleum oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas before or after it leaves the reservoir. See Montana Code 82-1-111
  • Oil and gas developer or operator: means the person who acquires the oil and gas lease for the purpose of extracting oil and gas. See Montana Code 82-10-502
  • Oil and gas operations: means the exploration for or drilling of an oil and gas well that requires entry upon the surface estate and is begun subsequent to June 1, 1981, and the production operations directly related to the exploration or drilling. See Montana Code 82-10-502
  • Opencut operation: means activities conducted for the primary purpose of sale or utilization of materials, including:

    (a) mine site preparation;

    (b) (i) removing the overburden and mining directly from the exposed natural deposits; or

    (ii) mining directly from natural deposits of materials;

    (c) processing of materials mined from the natural deposits, except that processing facilities located more than 300 feet from where materials were mined or are permitted to be mined are not part of the opencut operation;

    (d) transporting, depositing, staging, and stockpiling of overburden and materials unless the activity occurs more than 300 feet from where the materials were mined or are permitted to be mined;

    (e) storing or stockpiling of materials at processing facilities that are part of the opencut operation;

    (f) reclamation of affected land; and

    (g) parking or staging of vehicles, equipment, or supplies unless:

    (i) the activity is separated from other opencut operations by at least 25 feet and is connected to the opencut operation by a single road that is no more than 25 feet wide; or

    (ii) the activity is inside the construction disturbance area shown on a construction project plan. See Montana Code 82-4-403

  • Operator: means a person who has an operating permit issued under 82-4-335. See Montana Code 82-4-303
  • Operator: means a person who holds a permit issued pursuant to this part. See Montana Code 82-4-403
  • Operator: means the person engaged in operating or undertaking remediation actions at a coal-fired generating unit. See Montana Code 75-8-103
  • Operator: means a person in control of or having responsibility for the operation, maintenance, or management of an underground storage tank system. See Montana Code 75-11-203
  • Ordinance: means an ordinance or resolution of the local government. See Montana Code 7-6-1101
  • Ore processing: means milling, heap leaching, flotation, vat leaching, or other standard hard-rock mineral concentration processes. See Montana Code 82-4-303
  • Other waste: means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, sand, ashes, offal, night soil, oil, grease, tar, heat, chemicals, dead animals, sediment, wrecked or discarded equipment, radioactive materials, solid waste, and all other substances that may pollute state waters. See Montana Code 75-6-102
  • Outdoor advertising: means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other structure that is designed, intended, or used to advertise or inform and that is visible from any place on the main-traveled way of the interstate or primary systems. See Montana Code 75-15-103
  • Overburden: means the earth that lies above a natural deposit of materials. See Montana Code 82-4-403
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Oversight team: means the Montana sage grouse oversight team established in 2-15-243. See Montana Code 76-22-103
  • Owner: means a person who owns a wind generation or solar facility used for the generation of electricity. See Montana Code 75-26-301
  • Owner: means a person:

    (a) who is listed with the American society of mechanical engineers or with the manufacturer as owner by the serial number of the liquefied petroleum product container;

    (b) who holds a written bill of sale or other instrument under which title to a liquefied petroleum product container was transferred; or

    (c) who holds a paid invoice showing purchase of and payment for a liquefied petroleum product container. See Montana Code 82-15-101

  • 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
  • Owner: means a person who has:

    (a) title to the property; or

    (b) lawful possession of the property. See Montana Code 81-30-102

  • Owner: means a person who owns an underground storage tank system used for the storage, use, or dispensing of regulated substances. See Montana Code 75-11-203
  • Owner: means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas the person produces from a pool either for the person or others or for the person and others, and the term includes all persons holding that authority by or through the person with the right to drill. See Montana Code 82-11-101
  • Panel: means the tailings storage facility independent review panel created for each new or expanded tailings storage facility. See Montana Code 82-4-303
  • 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.
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • person: as used in this part , shall mean any individual, corporation, partnership, joint venture, trust or other entity capable of owning real property in Montana. See Montana Code 82-1-301
  • Person: means any individual, firm, partnership, company, association, corporation, city, town, or local governmental entity or any other state, federal, or private entity, whether organized for profit or not. See Montana Code 75-26-301
  • Person: means any person, corporation, firm, association, partnership, or other legal entity engaged in exploration for or mining of minerals on or below the surface of the earth, reprocessing of tailings or waste materials, or operation of a hard-rock mill. See Montana Code 82-4-303
  • Person: means :

    (a) a natural person;

    (b) a firm, association, partnership, cooperative, or corporation;

    (c) a department, agency, or instrumentality of the state or any governmental subdivision; or

    (d) any other entity. See Montana Code 82-4-403

  • Person: means an individual, corporation, organization, or other legal entity. See Montana Code 72-26-502
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Montana Code 72-38-103
  • Person: means an individual, trust, estate, partnership, corporation, joint-stock company, firm, agency, association, or any receiver appointed by law. See Montana Code 82-15-101
  • Person: means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, state or municipal agency, political subdivision of the state, or any other entity. See Montana Code 75-2-502
  • Person: means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, consultant, state or municipal agency, political subdivision of the state, or any other entity. See Montana Code 75-3-602
  • Person: means any individual, firm, or corporation. See Montana Code 76-1-103
  • 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 75-6-102
  • Person: means any individual, corporation, firm, partnership, association, or other legal entity not covered under 87-5-502. See Montana Code 75-7-103
  • Person: means an individual, firm, association, corporation, partnership, or any other form of business enterprise. See Montana Code 80-3-302
  • Person: means an individual, partnership, corporation, association, or other legal entity or any political subdivision of the state or federal government. See Montana Code 75-8-103
  • Person: means an individual, firm, partnership, corporation, company, association, or separate business or legal entity. See Montana Code 80-5-402
  • Person: means an individual, firm, association, corporation, partnership, the state, a subdivision of the state, or any other form of business enterprise. See Montana Code 80-5-602
  • Person: means an individual, association, partnership, or corporation. See Montana Code 80-6-1102
  • Person: means an individual, firm, partnership, corporation, or association. See Montana Code 80-5-120
  • Person: means a natural person, individual, firm, partnership, association, corporation, company, joint-stock association, body politic, or organized group of persons, whether incorporated or not, and any trustee, receiver, assignee, or similar representative. See Montana Code 80-7-903
  • Person: means an individual, partnership, corporation, association, limited partnership, limited liability company, governmental subdivision, agency, or public or private organization of any character. See Montana Code 80-7-1003
  • 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
  • Person: means an individual, state agency, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership; two or more persons having a joint or common interest; or some other legal entity. See Montana Code 81-30-102
  • Person: means an individual, firm, trust, estate, partnership, company, association, corporation (whether organized for profit or not), city, town, local governmental entity, or any other governmental or private entity. See Montana Code 75-11-203
  • Person: means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind and includes any agency or instrumentality of the state or any governmental subdivision of the state. See Montana Code 82-11-101
  • Personal representative: means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. See Montana Code 72-26-502
  • 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
  • Phosphorus: means the element phosphorus as indicated in the periodic table of elements. See Montana Code 75-5-903
  • Placer deposit: means :

    (a) naturally occurring, scattered, or unconsolidated valuable minerals in gravel, glacial, eolian, colluvial, or alluvial deposits lying above bedrock; or

    (b) all forms of deposit except veins of quartz and other rock in place. See Montana Code 82-4-303

  • Placer or dredge mining: means the mining of minerals from a placer deposit by a person or persons. See Montana Code 82-4-303
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan of operation: means a plan that:

    (a) meets the requirements of 82-4-434; and

    (b) contains a description of current land use, topographical data, hydrologic data, soils data, proposed mine areas, proposed mining and processing operations, proposed reclamation, and appropriate maps. See Montana Code 82-4-403

  • Planning board: means a city planning board, a county planning board, or a joint city-county planning board. See Montana Code 76-1-103
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: shall mean any agency or unit of this state which now is or hereafter shall be authorized to levy taxes or empowered to cause taxes to be levied. See Montana Code 7-6-101
  • Pollution: means contamination or other alteration of the physical, chemical, or biological properties of state waters that exceeds that which is permitted by Montana water quality standards, including but not limited to standards relating to change in temperature, taste, color, turbidity, or odor or the discharge or introduction of a liquid, gaseous, solid, radioactive, or other substance into state water that will or is likely to create a nuisance or render the waters harmful, detrimental, or injurious to public health, recreation, safety, or welfare, to livestock, or to wild animals, birds, fish, or other wildlife. See Montana Code 75-6-102
  • Pollution: means contamination or other alteration of the physical, chemical, or biological properties of any state waters that exceeds that permitted by state water quality standards or standards adopted by the board, including but not limited to the disposal, discharge, seepage, drainage, infiltration, flow, or injection of any liquid, gaseous, solid, or other substance into any state waters that will or is likely to create a nuisance or render the waters harmful, detrimental, or injurious to public health, recreation, safety, welfare, livestock, wild animals, birds, fish, or other wildlife. See Montana Code 82-11-101
  • Pool: means an underground reservoir containing a common accumulation of oil or gas or both; each zone of a structure which is completely separated from any other zone in the same structure is a pool, as that term is used in this chapter. See Montana Code 82-11-101
  • Possession: means actual care, custody, control, or management. See Montana Code 81-30-102
  • 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
  • potato seed: means all varieties of potato tubers, stems, and other plant parts of the herb plant known as Solanum tuberosum that are intended or used for seed purposes, planting, propagation, or reproduction. See Montana Code 80-5-402
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Power of withdrawal: means a presently exercisable general power of appointment other than a power:

    (a) exercisable by a trustee and limited by an ascertainable standard; or

    (b) exercisable by another person only upon consent of the trustee or a person holding an adverse interest. See Montana Code 72-38-103

  • power site: as used in this part shall mean not only the state-owned land on which the dam is constructed, but also each separate tract of such land which will become part of the reservoir and which in and of itself makes an essential contribution to the value of the power site as a whole of not less than 5% of the entire value of such power site. See Montana Code 77-4-202
  • Practicable: means available and capable of being implemented after taking into consideration cost, existing technology, and logistics in light of overall project purposes. See Montana Code 82-4-303
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President: means the president of the United States. See Montana Code 75-10-602
  • Primary system: means that portion of connected main highways as officially designated or as may be designated by the commission and approved by the secretary pursuant to the provisions of Title 23, United States Code, "Highways". See Montana Code 75-15-103
  • Principal county: as used in this part means the county in which all or the greatest portion of the land of a district is situated. See Montana Code 76-15-521
  • Principal place of administration: means the usual place where the day-to-day activity of the trust is carried on by the trustee or its representative who is primarily responsible for the administration of the trust unless otherwise designated by the terms of the trust as provided in 72-38-108. See Montana Code 72-38-103
  • Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
  • Private interest: means an interest held by an individual that is:

    (a) an ownership interest in a business;

    (b) a creditor interest in an insolvent business;

    (c) an employment or prospective employment for which negotiations have begun;

    (d) an ownership interest in real property;

    (e) a loan or other debtor interest; or

    (f) a directorship or officership in a business. See Montana Code 2-2-102

  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Processing facilities: means :

    (a) crushers, screens, and pug mills;

    (b) asphalt, wash, and concrete plants;

    (c) treatment, sedimentation, or retention areas for processing facilities; and

    (d) areas receiving washout from vehicles and equipment using the processing facilities. See Montana Code 82-4-403

  • Produce: means any fruit, vegetable, or other natural product designated by department rule. See Montana Code 80-3-302
  • Produce dealer: means a person who engages in a business involving or who as part of a business participates in purchasing, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of produce in this state, except vegetative seed potato products intended or used for planting purposes. See Montana Code 80-3-302
  • Produce unit: means the standard size container for a given type of produce. See Montana Code 80-3-302
  • Producer: means the owner of a well or wells capable of producing oil or gas or both. See Montana Code 82-11-101
  • Professional engineer: means a registered professional engineer licensed to practice in Montana under Title 37, chapter 67, part 3. See Montana Code 82-4-303
  • 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
  • Prohibited noxious weed seeds: means the seeds of plant species that are designated as noxious weeds as defined in 7-22-2101. See Montana Code 80-5-120
  • Project: means a physical alteration or modification that results in a change in the state of a natural, perennial-flowing stream or river, its bed, or its immediate banks. See Montana Code 75-7-103
  • Project: shall mean any resettlement project or rural rehabilitation project for resettlement purposes of the United States or any other lands formerly upon the tax rolls and purchased by the United States and used for resettlement, rehabilitation, or grazing purposes, located within this state or any political subdivision thereof, and shall include the persons inhabiting, occupying, or using any lands so owned or acquired by the United States. See Montana Code 7-6-101
  • Project developer: means an entity proposing an action that will result in a debit. See Montana Code 76-22-103
  • Property: means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein. See Montana Code 72-38-103
  • Proportionate share: means that portion of the cost of capital system improvements that reasonably relates to the service demands and needs of the project. See Montana Code 7-6-1601
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected plant: means any plant part or material, including but not limited to seeds and genetic traits, that is patented by the U. See Montana Code 80-5-602
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public employee: means :

    (a) any temporary or permanent employee of the state;

    (b) any temporary or permanent employee of a local government;

    (c) a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority; and

    (d) a person under contract to the state. See Montana Code 2-2-102

  • Public facilities: means :

    (a) a water supply production, treatment, storage, or distribution facility;

    (b) a wastewater collection, treatment, or disposal facility;

    (c) a transportation facility, including roads, streets, bridges, rights-of-way, traffic signals, and landscaping;

    (d) a storm water collection, retention, detention, treatment, or disposal facility or a flood control facility;

    (e) a police, emergency medical rescue, or fire protection facility; and

    (f) other facilities for which documentation is prepared as provided in 7-6-1602 that have been approved as part of an impact fee ordinance or resolution by:

    (i) a two-thirds majority of the governing body of an incorporated city, town, or consolidated local government; or

    (ii) a unanimous vote of the board of county commissioners of a county government. See Montana Code 7-6-1601

  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public officer: includes any state officer and any elected officer of a local government. See Montana Code 2-2-102
  • Public sewage system: means a system of collection, transportation, treatment, or disposal of sewage that serves 15 or more families or 25 or more persons daily for any 60 or more days in a calendar year. See Montana Code 75-6-102
  • Public water supply system: means a system for the provision of water for human consumption from a community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that has at least 15 service connections or that regularly serves at least 25 persons daily for any 60 or more days in a calendar year. See Montana Code 75-6-102
  • Pure live seed: means the product of the percentage of germination plus hard seed or dormant seed multiplied by the percentage of pure seed, divided by 100, with the result expressed as a whole number. See Montana Code 80-5-120
  • Pure seed: means seed exclusive of inert matter and all other seeds not of the seed being considered, as determined by methods defined by the association of official seed analysts. See Montana Code 80-5-120
  • Qualified beneficiary: means a beneficiary who on the date the beneficiary's qualification is determined:

    (a) is a distributee or permissible distributee of trust income or principal;

    (b) would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subsection (16)(a) terminated on that date without causing the trust to terminate; or

    (c) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. See Montana Code 72-38-103

  • Qualified engineer: means a professional engineer who has a minimum of 10 years of direct experience with the design and construction of tailings storage facilities and has the appropriate professional and educational credentials to effectively determine appropriate parameters for the safe design, construction, operation, and closure of a tailings storage facility. See Montana Code 82-4-303
  • Quorum: The number of legislators that must be present to do business.
  • Radon: means any of the gaseous radioactive decay products of uranium or thorium. See Montana Code 75-3-602
  • Radon progeny: means any of the radioactive decay products of radon. See Montana Code 75-3-602
  • Radon-related occupation: means the occupation of any person who performs radon gas or radon progeny measurements, including sample collection, analysis, or interpretation of those measurements, or who performs radon gas or radon progeny mitigation. See Montana Code 75-3-602
  • 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
  • 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

  • Reasonably available use: means the present use or a future use for which a permit, if necessary, has been issued under applicable law. See Montana Code 82-10-502
  • Reclaimed wastewater: means wastewater that is treated by a public sewage system for reuse for private, public, or commercial purposes. See Montana Code 75-6-102
  • Reclamation: means the reconditioning of affected land to make the area suitable for productive use, including but not limited to forestry, agriculture, grazing, wildlife, recreation, or residential or industrial development. See Montana Code 82-4-403
  • Reclamation plan: means the operator's written proposal, as required and approved by the department, for reclamation of the land that will be disturbed. See Montana Code 82-4-303
  • 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
  • Regulated substance: means a regulated substance as defined in 75-11-503. See Montana Code 75-11-203
  • Relatively low risk: refers to a petroleum tank release site that is not being assessed, investigated, or cleaned up by the department using funds from the federal leaking underground storage tank trust fund and is not subject to a response under the federal Oil Pollution Act. See Montana Code 75-11-403
  • 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

  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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
  • 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
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Repurposed: means having made a significant investment in an existing wind generation or solar facility to extend the useful life of the facility by more than 5 years. See Montana Code 75-26-301
  • Research facility: means a place, laboratory, institution, medical care facility, elementary school, high school, college, or university at which a scientific test, experiment, or investigation involving the use of a living animal is lawfully carried out, conducted, or attempted. See Montana Code 81-30-102
  • Resort area: means an area that:

    (a) is an unincorporated area and is a defined contiguous geographic area;

    (b) has a population of less than 2,500 according to the most recent federal census;

    (c) derives the major portion of its economic well-being from businesses catering to the recreational and personal needs of persons traveling to or through the area for purposes not related to their income production; and

    (d) has been designated by the department of commerce as a resort area prior to its establishment by the county commissioners as provided in 7-6-1508. See Montana Code 7-6-1501

  • Resort area district: means a district created under 7-6-1532 through 7-6-1536, 7-6-1539 through 7-6-1544, 7-6-1546 through 7-6-1548, and 7-6-1550 that has been established as a resort area under 7-6-1508. See Montana Code 7-6-1501
  • Resort community: means a community that:

    (a) is an incorporated municipality;

    (b) has a population of less than 5,500 according to the most recent federal census;

    (c) derives the primary portion of its economic well-being related to current employment from businesses catering to the recreational and personal needs of persons traveling to or through the municipality for purposes not related to their income production; and

    (d) has been designated by the department of commerce as a resort community. See Montana Code 7-6-1501

  • 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

  • Responsible person: means a person who is determined by the board under 82-10-402 to have abandoned an oil or gas well, injection well, disposal well, water source well, drill site, sump, seismographic shot hole, or other area where oil and gas drilling and production operations were conducted. See Montana Code 82-11-101
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted weed seeds: means the seeds of any plant that may adversely affect agriculture or the environment and that are designated as restricted weed seeds under rules adopted by the department. See Montana Code 80-5-120
  • Retail: means sale of produce to the ultimate consumer. See Montana Code 80-3-302
  • 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
  • retire: means the complete and permanent closure of a coal-fired generating unit. See Montana Code 75-8-103
  • 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
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Rock products: means decorative rock, building stone, riprap, mineral aggregates, and other minerals produced by typical quarrying activities or collected from or just below the ground surface. See Montana Code 82-4-303
  • Safe Drinking Water Act: means 42 U. See Montana Code 75-6-102
  • Sage grouse: means the greater sage-grouse (Centrocercus urophasianus). See Montana Code 76-22-103
  • sale: includes barter and exchange. See Montana Code 82-15-101
  • Sawlogs: means merchantable timber prepared and sorted as decked, scaled logs and sold f. See Montana Code 77-5-215
  • Scaled: means the measured volume, weight, or other measurement of a log, load of logs, or other products. See Montana Code 77-5-215
  • School district: means a school district established according to Title 20, chapter 6. See Montana Code 80-8-403
  • Secretary: means the secretary of the United States department of transportation. See Montana Code 75-15-103
  • Seed conditioning plant: means a place of business, whether a permanent or portable facility, that conditions seeds. See Montana Code 80-5-120
  • Seed dealer: means a person who sells seeds. See Montana Code 80-5-120
  • Seed labeler: means a person affixing labels to seeds, with that person's name, address, and other information as required in 80-5-123. See Montana Code 80-5-120
  • Sell: means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade. See Montana Code 80-5-120
  • sell: means the selling, wholesaling, distributing, offering, exposing for sale, advertising, exchanging, brokering, bartering, or giving away by any person within this state of any forage as noxious weed seed free or certified or approved as noxious weed seed free. See Montana Code 80-7-903
  • 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
  • Service of process: The service of writs or summonses to the appropriate party.
  • Services: shall mean such public and municipal functions as are performed for property in and persons residing within a political subdivision. See Montana Code 7-6-101
  • 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.
  • Settlor: means a person, including a testator, who creates or contributes property to a trust. See Montana Code 72-38-103
  • Several: means two or more. See Montana Code 1-1-201
  • Sewage: means water-carried waste products from residences, public buildings, institutions, or other buildings, including discharge from human beings, together with ground water infiltration and surface water present. See Montana Code 75-6-102
  • 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

  • Shipping point inspection: means an inspection of produce at the location from which it was shipped. See Montana Code 80-3-302
  • Small miner: means a person, firm, or corporation that engages in mining activity that is not exempt from this part pursuant to 82-4-310, that engages in the business of reprocessing of tailings or waste materials, that, except as provided in 82-4-310, knowingly allows other persons to engage in mining activities on land owned or controlled by the person, firm, or corporation, that does not hold an operating permit under 82-4-335 except for a permit issued under 82-4-335(3) or a permit that meets the criteria of subsection (30)(c) of this section, and that conducts:

    (i) an operation that results in not more than 5 acres of the earth's surface being disturbed and unreclaimed; or

    (ii) two operations that disturb and leave unreclaimed less than 5 acres for each operation if the respective mining properties are:

    (A) the only operations engaged in by the person, firm, or corporation; and

    (B) at least 1 mile apart at their closest point. See Montana Code 82-4-303

  • 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
  • Soil: means the dark or root-bearing surface matter that has been generated through time by the interaction of biological activity, climate, topography, and parent material and that is capable of sustaining plant growth and is recognized and identified as such by standard authorities and methods. See Montana Code 82-4-403
  • Soil materials: means earth material found in the upper soil layers that will support plant growth. See Montana Code 82-4-303
  • Solar facility: means an installation or combination of solar panels or plates, including a canopy or array, that captures and converts solar radiation to produce electricity and includes flat plate, focusing solar collectors, or photovoltaic solar cells that:

    (a) has a nameplate capacity greater than or equal to 2 megawatts; and

    (b) produces electricity that is not consumed on the premises of the solar facility or on land immediately adjacent to the premises of the solar facility. See Montana Code 75-26-301

  • 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
  • Source water protection program: means a program administered by the department to certify source water protection delineation and assessment reports and source water protection plans and to review source water protection ordinances. See Montana Code 75-6-102
  • Special district: means a unit of local government, authorized by law to perform a single function or a limited number of functions. See Montana Code 2-2-102
  • 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
  • Spendthrift provision: means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest. See Montana Code 72-38-103
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Montana Code 72-26-502
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 72-38-103
  • State agency: includes :

    (i) the state;

    (ii) the legislature and its committees;

    (iii) all executive departments, boards, commissions, committees, bureaus, and offices;

    (iv) the university system; and

    (v) all independent commissions and other establishments of the state government. See Montana Code 2-2-102

  • State agency: means any board, bureau, department, commission, or officer of the state. See Montana Code 77-1-701
  • State land: means land held, possessed, or administered by the state by virtue of fee simple title, grant, or deed. See Montana Code 77-1-701
  • State officer: includes all elected officers and directors of the executive branch of state government as defined in 2-15-102. See Montana Code 2-2-102
  • State waters: means any body of water, either surface or underground. See Montana Code 82-11-101
  • State waters: means a body of water, irrigation system, or drainage system, either surface or underground. See Montana Code 75-6-102
  • 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.
  • Stop sale: means an administrative order provided by law that restrains the sale, use, disposition, and movement of a definite amount of seed. See Montana Code 80-5-120
  • Stop sale order: means a written notice to hold produce from sale or movement until a violation has been resolved and the produce is released by the department. See Montana Code 80-3-302
  • store: means to hold for a temporary period. See Montana Code 75-10-1003
  • Stream: means any natural, perennial-flowing stream or river, its bed, and its immediate banks except a stream or river that has been designated by district rule as not having significant aquatic and riparian attributes in need of protection or preservation under 75-7-102. See Montana Code 75-7-103
  • Streets: includes streets, avenues, boulevards, roads, lanes, alleys, and all public ways. See Montana Code 76-1-103
  • Stumpage: means the value of timber as it exists, uncut, within a harvest unit, expressed in terms of dollars per thousand board feet, dollars per ton, or other appropriate value per-unit designation. See Montana Code 77-5-215
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscribing witness: means a person who sees a writing executed or hears it acknowledged and at the request of the party signs the person's name as a witness. See Montana Code 1-1-203
  • subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisors: means the board of supervisors of a conservation district, the directors of a grass conservation district, or the board of county commissioners where a proposed project is not within a district. See Montana Code 75-7-103
  • Surface mining: means all or any part of the process involved in mining of minerals by removing the overburden and mining directly from the mineral deposits exposed, including but not limited to open-pit mining of minerals naturally exposed at the surface of the earth, mining by the auger method, and all similar methods by which earth or minerals exposed at the surface are removed in the course of mining. See Montana Code 82-4-303
  • Surface owner: means the person who holds record title to or has a purchaser's interest in the surface of the land. See Montana Code 82-10-502
  • Tailings: means the residual materials remaining after a milling process that separates the valuable fraction from the uneconomic fraction of an ore mined by an operator. See Montana Code 82-4-303
  • Tailings storage facility: means a facility that temporarily or permanently stores tailings, including the impoundment, embankment, tailings distribution works, reclaim water works, monitoring devices, storm water diversions, and other ancillary structures. See Montana Code 82-4-303
  • Team: means one representative of the supervisors, one representative of the department, and the applicant or the applicant's representative. See Montana Code 75-7-103
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Termination: means the automatic completion or ending of the term of a contract according to its provisions. See Montana Code 77-1-902
  • Terms of a trust: means the manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding. See Montana Code 72-38-103
  • Testator: A male person who leaves a will at death.
  • Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
  • 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
  • Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206
  • Timber: means any wood growth on state trust land, mature or immature, alive or dead, standing or down, that is capable of furnishing merchantable raw material used in the manufacture of lumber or other forest products. See Montana Code 77-5-215
  • 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.
  • Trace quantity: means an incidental amount of phosphorus that is not part of a household cleaning product formulation, that is present only as a consequence of manufacturing, and that does not exceed 0. See Montana Code 75-5-903
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means a transaction that creates custodial property under 72-26-603. See Montana Code 72-26-502
  • Transferor: means a person who makes a transfer under this chapter. See Montana Code 72-26-502
  • Transient noncommunity water system: means a public water supply system that is not a community water system and that does not regularly serve at least 25 of the same persons for at least 6 months a year. See Montana Code 75-6-102
  • 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
  • Treated: means that seed has received an application of a substance or has been subjected to a process for which a claim is made. See Montana Code 80-5-120
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust company: means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. See Montana Code 72-26-502
  • Trust instrument: means an instrument executed by the settlor that contains terms of the trust, including any amendments thereto. See Montana Code 72-38-103
  • Trustee: includes an original, additional, and successor trustee and a cotrustee. See Montana Code 72-38-103
  • Trustee: A person or institution holding and administering property in trust.
  • Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Montana Code 80-5-120
  • Underground mining: means all methods of mining other than surface mining. See Montana Code 82-4-303
  • underground storage tank system: means an underground storage tank, as defined in 75-11-503, and, for purposes of this part, includes ancillary equipment designed to prevent, detect, or contain a release from an underground storage tank system. See Montana Code 75-11-203
  • unit: means privately deeded land or land leased from the state, or a combination of the two, that is under the control of one operator, manager, or family. See Montana Code 77-6-221
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • United States: shall mean the United States of America. See Montana Code 7-6-101
  • Unzoned commercial or industrial area: means an area not zoned by state or local law, regulation, or ordinance that is occupied by one or more commercial or industrial activities, other than outdoor advertising, on the lands along the highway for a distance of 600 feet immediately adjacent to the activities. See Montana Code 75-15-103
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Urban area: means an urbanized area or place, as designated by the United States bureau of the census, that has a population of 5,000 or more and that is within boundaries fixed by the department. See Montana Code 75-15-103
  • Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usual: means according to usage. See Montana Code 1-1-206
  • Utility: means any facility used in rendering service that the public has a right to demand. See Montana Code 76-1-103
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Variety: means a subdivision of a kind that is:

    (a) distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties known publicly;

    (b) uniform, in the sense that the variations in essential and distinctive characteristics are describable; and

    (c) stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties. See Montana Code 80-5-120

  • Vegetable seeds: means seeds of those crops that are or may be grown in gardens or on truck farms and are or may be sold generally under the name of vegetable seeds or herbs. See Montana Code 80-5-120
  • Vegetative cover: means the type of vegetation, grass, shrubs, trees, or any other form of natural cover considered suitable at time of reclamation. See Montana Code 82-4-303
  • 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
  • Vessel: has the meaning provided in 61-1-101. See Montana Code 80-7-1003
  • Viable: means that seeds are capable of producing a normal seedling under optimum growing conditions after all forms of dormancy have been overcome, if present. See Montana Code 80-5-120
  • 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
  • Visible: means capable of being seen and legible without visual aid by a person of normal visual acuity. See Montana Code 75-15-103
  • warrant: includes a check and an electronic funds transfer. See Montana Code 7-6-4501
  • Waste: means :

    (i) physical waste, as that term is generally understood in the oil and gas industry;

    (ii) the inefficient, excessive, or improper use of or the unnecessary dissipation of reservoir energy;

    (iii) the location, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner which causes or tends to cause reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations or which causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas; and

    (iv) the inefficient storing of oil or gas. See Montana Code 82-11-101

  • 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
  • Weed seeds: means the seeds of all plants generally recognized as weeds within this state and includes noxious weed seeds. See Montana Code 80-5-120
  • 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
  • Wild trap: means to intentionally trap bees on property not owned or leased by the trapper. See Montana Code 80-6-1102
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
  • Wind generation facility: means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land and improvements and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity greater than or equal to 25 megawatts. See Montana Code 75-26-301
  • Working capital: means the current assets of a fund minus the current liabilities and designated reserves of a fund. See Montana Code 7-6-4002
  • Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • Writing: includes printing. See Montana Code 1-1-203
  • Written consent of the supervisors: means a written decision of the supervisors approving a project and specifying activities authorized to be performed in completing the project. See Montana Code 75-7-103