75-10-212. Disposal in unauthorized area prohibited -- exception. (1) A person may not dispose of solid waste except as permitted under this part.
(2) It is unlawful to dump or leave any garbage, dead animal, or other debris or refuse:
(a) in or upon any highway, road, street, or alley of this state;
(b) in or upon any public property, highway, street, or alley under the control of the state of Montana or any political subdivision of the state or any officer or agent or department of the state or political subdivision of the state;
(c) within 200 yards of a public highway, road, street, or alley or public property;
(d) on privately owned property where hunting, fishing, or other recreation is permitted; however, this subsection does not apply to the owner, the owner's agents, or those disposing of debris or refuse with the owner's consent.
(3) A person in violation of this section is absolutely liable, as provided in 45-2-104, and is subject to the civil penalties provided in 75-10-233.
History: (1)En. Sec. 3, Ch. 35, L. 1965; amd. Sec. 4, Ch. 542, L. 1977; Sec. 69-4003, R.C.M. 1947; (2)En. Sec. 11-110, Ch. 197, L. 1965; amd. Sec. 1, Ch. 112, L. 1969; Sec. 32-4410, R.C.M. 1947; R.C.M. 1947, 32-4410(1), 69-4003; amd. Sec. 4, Ch. 358, L. 1981; amd. Sec. 1, Ch. 461, L. 1991; amd. Sec. 2499, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 75. Environmental Protection
Chapter 10. Waste and Litter Control
Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act
75-10-202. Legislative intent, findings, and policy
75-10-204. Powers and duties of department
75-10-207. Ground water monitoring
75-10-208. Department rulemaking authority for infectious waste
75-10-212. Disposal in unauthorized area prohibited -- exception
75-10-213. Unlawful disposition of dead animals -- exception
75-10-214. Exclusions -- exceptions to exclusions
75-10-215. Statewide household hazardous waste public education program
75-10-216. Waste tire disposal sites -- financial assurance required
75-10-219. and 75-10-220 reserved
75-10-221. License required -- application
75-10-222. Notification of and validation by local health officer
75-10-223. Refusal by local health officer -- appeal to board
75-10-224. Revocation or denial of license by department
75-10-227. Administrative enforcement
75-10-229. and 75-10-230 reserved
75-10-232. Penalty for violations
75-10-233. Dumping penalty -- enforcement
75-10-234. Liability -- defense and exclusions
75-10-235. through 75-10-239 reserved
75-10-240. Disposal of coal combustion residues -- cost benefit analysis required
75-10-241. through 75-10-249 reserved
75-10-250. Baled waste tires prohibited -- exception -- department rules