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or any rule promulgated thereunder, this chapter shall govern and control and the other law or rule shall be deemed superseded […]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. […]

75-20-105. Adoption of rules

75-20-105. Adoption of rules. The department may adopt rules implementing the provisions of this chapter. History: En. Sec. 20, Ch. 327, L. 1973; amd. Sec. 4, Ch. 268, L. 1974; amd. Sec. 20, Ch. 494, L. 1975; R.C.M. 1947, 70-820(1); amd. Sec. 1, Ch. 312, L. 1987; amd. Sec. 70, Ch. 324, L. 2021.

75-20-106. Contracts for information

75-20-106. Contracts for information. (1) The department may contract with a potential applicant under this chapter in advance of the filing of a formal application for the development of information or provision of services required hereunder. (2) Payments made to the department under such a contract shall be credited against the fee payable hereunder. History: En. Sec. 6, […]

75-20-107. through 75-20-110 reserved

75-20-107 through 75-20-110 reserved.

75-20-111. Grants, gifts, and funds

75-20-111. Grants, gifts, and funds. The department may receive grants, gifts, and other funds from any public or private source to assist in its activities under this chapter. History: En. Sec. 22, Ch. 327, L. 1973; amd. Sec. 22, Ch. 494, L. 1975; R.C.M. 1947, 70-822.

75-20-112. Money to state special revenue fund

75-20-112. Money to state special revenue fund. All fees, taxes, fines, and penalties collected under this chapter, except those collected by a justice’s court, shall be deposited in the state special revenue fund for use by the department in carrying out its functions and responsibilities under this chapter. History: En. 70-824 by Sec. 3, Ch. 270, L. […]

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.