75-11-601. Short title — scope. (1) This part may be cited as the “Montana Contaminated Property Compensation and Restoration Act”. (2) This part applies only to common law claims brought in judicial proceedings on behalf of private interests of individuals or entities. History: En. Sec. 1, Ch. 409, L. 2009.
75-11-602. Definitions. For purposes of this part, the following definitions apply: (1) ”Department” means the department of environmental quality provided for in 2-15-3501. (2) (a) ”Release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum or petroleum products from a petroleum storage tank into ground water, surface water, surface soils, or subsurface soils that occurred from […]
75-11-603. Restoration damages for contamination of special use property. (1) Restoration damages for a common law claim alleging contamination of special use property may be granted by the trier of fact and may only be obtained pursuant to this part. (2) Nothing in this section precludes the award of other damages allowed under common law and statute. […]
75-11-604. Use of restoration damages — request for trust account. (1) Restoration damages awarded pursuant to 75-11-603, exclusive of damages awarded for attorney fees and costs, must be used to conduct any remedial and corrective action necessary to restore the special use property for which the damages were awarded to its function and use prior to […]
75-11-605. Burden of proof. The plaintiff in an action for restoration damages resulting from the contamination of special use property has the burden of proof to show that a property meets the definition of a special use property. History: En. Sec. 5, Ch. 409, L. 2009.
