75-11-501. Short title

75-11-501. Short title. This part shall be known and may be cited as the “Montana Underground Storage Tank Act”. History: En. Sec. 1, Ch. 112, L. 1997.

75-11-502. Intent, findings, and purpose

75-11-502. Intent, findings, and purpose. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Underground Storage Tank Act. It is the legislature’s intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system […]

75-11-503. Definitions

75-11-503. Definitions. Unless the context requires otherwise, in this part, the following definitions apply: (1) ”Board” means the board of environmental review provided for in 2-15-3502. (2) ”Department” means the department of environmental quality provided for in 2-15-3501. (3) ”Dispose” or “disposal” means the discharge, injection, deposit, dumping, spilling, leaking, or placing of any regulated substance into or onto […]

75-11-504. Powers of department

75-11-504. Powers of department. (1) The department may: (a) administer and enforce the provisions of this part, rules implementing this part, and orders and permits issued pursuant to this part; (b) accept and administer grants from the federal government and from other sources, public and private; (c) abate public nuisances that affect the public health and welfare or the […]

75-11-505. Administrative rules — underground storage tanks — petroleum mixing zones

75-11-505. Administrative rules — underground storage tanks — petroleum mixing zones. (1) The department may adopt, amend, or repeal rules for the prevention and correction of leakage from underground storage tanks, including: (a) reporting by owners and operators; (b) financial responsibility; (c) release detection, prevention, and corrective action; (d) procedures and standards for the issuance, nonissuance, renewal, nonrenewal, modification, revocation, […]

75-11-506. and 75-11-507 reserved

75-11-506 and 75-11-507 reserved.

75-11-508. Corrective action — petroleum mixing zones

75-11-508. Corrective action — petroleum mixing zones. (1) A corrective action plan prepared pursuant to 75-11-309 may include the use of a petroleum mixing zone, as defined in 75-11-503, in conjunction with the final remediation and resolution of a petroleum release. (2) If a petroleum mixing zone is included in a corrective action plan, it may be […]

75-11-509. Inspections — permits

75-11-509. Inspections — permits. (1) The owner or operator of an active underground storage tank must have the tank inspected for compliance with this part by January 1, 2002, and at least once every 3 years thereafter by an inspector who is licensed pursuant to Title 75, chapter 11, part 2, to perform underground storage tank […]

75-11-510. Underground storage tank leak report — inspections — sampling

75-11-510. Underground storage tank leak report — inspections — sampling. (1) If an owner or operator of an underground storage tank discovers or is provided with evidence that a tank may have leaked, the owner or operator shall immediately notify the department that a leak may exist. (2) (a) An employee or agent of the department, at […]

75-11-511. Regulated substance inventory

75-11-511. Regulated substance inventory. (1) The department is authorized to conduct an inventory of sites and locations in the state where regulated substances have been stored or disposed of at any time. (2) If the department determines that the presence of a regulated substance or the release of the regulated substance may present a substantial hazard to […]

75-11-512. Administrative enforcement

75-11-512. Administrative enforcement. (1) When the department believes that a violation of this part or a rule adopted under this part has occurred, it may serve written notice of the violation personally or by certified mail on the alleged violator or the violator’s agent. The notice must specify the provision of this part or the rule […]

75-11-513. Injunctions

75-11-513. Injunctions. The department may institute and maintain, in the name of the state, actions for injunctive relief as provided in Title 27, chapter 19, to: (1) immediately restrain any person from engaging in any unauthorized activity that is endangering or causing damage to the public health or to the environment; (2) enjoin a violation of this part, […]

75-11-514. Imminent hazard

75-11-514. Imminent hazard. Upon receipt of evidence that the storage or disposal of any regulated substance may present an imminent and substantial danger to the public health or to the environment, the department may commence legal proceedings to immediately restrain or enjoin any person who has contributed to or who is contributing to the storage or […]

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) […]

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 […]