75-11-517. Lien
75-11-517. Lien. (1) The costs incurred by the department to close an underground storage tank pursuant to 75-11-504 or 75-11-512 constitute a lien in favor of the state upon all property and rights to the property that belong to the owner or operator. (2) The lien imposed by this section arises at the time that notice incorporating a description […]
75-11-518. Venue for legal actions
75-11-518. Venue for legal actions. All legal actions affecting underground storage tanks or the disposal of regulated substances must be brought in the county in which the underground storage tank is located. History: En. Sec. 14, Ch. 112, L. 1997; amd. Sec. 42, Ch. 535, L. 2021.
75-11-519. Liability — defense and exclusions
75-11-519. Liability — defense and exclusions. (1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under […]
75-11-520. Construction in event of conflict
75-11-520. Construction in event of conflict. The provisions of this part and rules promulgated pursuant to this part govern if they conflict with other provisions of Montana law or any action taken by the department under those provisions. History: En. Sec. 15, Ch. 112, L. 1997.
75-11-521. Benchmarks — budget action taken if not met
75-11-521. Benchmarks — budget action taken if not met. (1) Categorizing petroleum storage tank release sites as resolved is a higher priority than investigation of new releases unless the new release is an imminent danger to the health and safety of the public. (2) The department shall develop a list of open release sites prioritized by danger […]
75-11-522. through 75-11-524 reserved
75-11-522 through 75-11-524 reserved.
75-11-525. Administrative penalties for violations — appeals — venue
75-11-525. Administrative penalties for violations — appeals — venue. (1) (a) A person who violates any of the provisions of this part or any rules promulgated under the authority of this part may be assessed and ordered by the department to pay an administrative penalty not to exceed $500 for each violation. This limitation on administrative […]
75-11-526. Underground storage tank special revenue account
75-11-526. Underground storage tank special revenue account. (1) There is an underground storage tank account within the state special revenue fund established in 17-2-102. There must be paid into the account: (a) revenues from underground storage tank permit and notification fees; and (b) corrective action costs, damages, and penalties recovered under section 9003 of the federal Resource Conservation […]
75-11-515. Cleanup orders
75-11-515. Cleanup orders. The department may issue a cleanup order to any person who has discharged, deposited, or spilled any regulated substance into or onto any land or water in an unlawful or unapproved manner or who has discharged, deposited, or spilled any regulated substance into or onto any land or water so as to result […]
75-11-516. Civil penalties
75-11-516. Civil penalties. (1) (a) A person who violates any provision of this part, a rule adopted under this part, or an order of the department or the board is subject to a civil penalty not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation. (b) Penalties assessed under this subsection (1) […]