75-11-401. Short title

75-11-401. Short title. This part may be cited as the “Montana Petroleum Brownfields Revitalization Act”. History: En. Sec. 1, Ch. 296, L. 2015.

75-11-402. Findings and intent — purposes

75-11-402. Findings and intent — purposes. The legislature finds that: (1) real properties exist across the state where the stigma of petroleum contamination hinders the development or best use of the property. These petroleum-contaminated properties may be eligible for petroleum brownfields funding. (2) the cleanup of petroleum brownfields sites should be encouraged and facilitated to reduce threats to […]

75-11-403. Definitions — application

75-11-403. Definitions — application. (1) The definitions used in this part are for the purpose of determining the eligibility of petroleum release sites to receive and expend federal brownfields funding received by a grant recipient from the United States environmental protection agency under the federal Brownfields Revitalization and Environmental Restoration Act 0f 2001, Title II of […]

75-11-404. through 75-11-406 reserved

75-11-404 through 75-11-406 reserved.

75-11-407. Viability

75-11-407. Viability. (1) For the purpose of determining the viability of a responsible party, the department shall presume that: (a) ongoing businesses or companies and government entities are viable unless there is information suggesting that the presumption is not appropriate and the department determines the information is sufficient to rebut the presumption in a particular case; and […]

75-11-408. Brownfields site eligibility at petroleum tank release sites — determinations and limitations

75-11-408. Brownfields site eligibility at petroleum tank release sites — determinations and limitations. (1) Before a grant recipient may expend federal brownfields funds at a petroleum tank release site, either the United States environmental protection agency or the department shall make a written determination that: (a) the petroleum tank release site is of relatively low risk compared […]

75-11-409. Use of petroleum brownfields funding acquired by state — limitations

75-11-409. Use of petroleum brownfields funding acquired by state — limitations. Prior to expending federal funds awarded to the state for the purpose of assessing or cleaning up petroleum tank release sites that are eligible for petroleum brownfields funding from the United States environmental protection agency under the federal Brownfields Revitalization and Environmental Restoration Act of […]