75-20-113. Power to exercise eminent domain
75-20-113. Power to exercise eminent domain. A person issued a certificate pursuant to this chapter may acquire by eminent domain any interest in property, as provided in Title 70, chapter 30, for a public use authorized by law to construct a facility in accordance with the certificate. History: En. Sec. 2, Ch. 321, L. 2011.
75-20-201. Certificate required — operation in conformance — certificate for nuclear facility — applicability to federal facilities
75-20-201. Certificate required — operation in conformance — certificate for nuclear facility — applicability to federal facilities. (1) Except for a facility under diligent onsite physical construction or in operation on January 1, 1973, a person may not commence to construct a facility in the state without first applying for and obtaining a certificate of compliance […]
75-20-202. Repealed
75-20-202. Repealed. Sec. 24, Ch. 329, L. 1997. History: En. Sec. 4, Ch. 327, L. 1973; amd. Sec. 4, Ch. 494, L. 1975; R.C.M. 1947, 70-804(3) thru (5); amd. Sec. 3, I.M. 80, app. Nov. 7, 1978; amd. Sec. 2, Ch. 539, L. 1981; amd. Sec. 2, Ch. 167, L. 1983; amd. Sec. 9, Ch. 573, L. […]
75-20-203. Certificate transferable
75-20-203. Certificate transferable. A certificate may be transferred to a person who agrees to comply with the terms, conditions, and modifications contained in the certificate. History: En. Sec. 4, Ch. 327, L. 1973; amd. Sec. 4, Ch. 494, L. 1975; R.C.M. 1947, 70-804(2); amd. Sec. 3, I.M. 80, app. Nov. 7, 1978; amd. Sec. 3, Ch. 676, […]
75-20-204. Facilities subject to federal energy regulatory commission jurisdiction
75-20-204. Facilities subject to federal energy regulatory commission jurisdiction. (1) For a facility that is subject to the jurisdiction of the federal energy regulatory commission, the department shall file a state recommendation with the commission. (2) A person making application to the federal energy regulatory commission shall file with the department notice of and a copy of […]
75-20-101. Short title
75-20-101. Short title. This chapter shall be known and may be cited as the “Montana Major Facility Siting Act”. History: En. Sec. 1, Ch. 327, L. 1973; amd. Sec. 1, Ch. 494, L. 1975; R.C.M. 1947, 70-801.
75-20-102. Policy and legislative findings
75-20-102. Policy and legislative findings. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Major Facility Siting Act. It is the legislature’s intent that the requirements of this chapter provide adequate remedies for the protection of the environmental life support system […]
75-20-103. Chapter supersedes other laws or rules
75-20-103. Chapter supersedes other laws or rules. This chapter supersedes other laws or regulations except as provided in 75-20-401. If any provision of this chapter is in conflict with any other law of this state or any rule promulgated thereunder, this chapter shall govern and control and the other law or rule shall be deemed superseded […]
75-20-104. Definitions
75-20-104. Definitions. In this chapter, unless the context requires otherwise, the following definitions apply: (1) ”Addition thereto” means the installation of new machinery and equipment that would significantly change the conditions under which the facility is operated. (2) ”Application” means an application for a certificate submitted in accordance with this chapter and the rules adopted under this chapter. […]
75-16-104. Right to relief
75-16-104. Right to relief. A person who suffers or is threatened with injury to that person’s person or property in a reciprocating jurisdiction caused by pollution originating or that may originate in this state has the same rights to relief with respect to the injury or threatened injury and may enforce those rights in this state […]