75-10-402. 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 Hazardous Waste 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 from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
(2) The legislature finds that the safe and proper management of hazardous wastes and used oil, the permitting of hazardous waste facilities, and the siting of facilities are matters for statewide regulation and are environmental issues that should properly be addressed and controlled by the state rather than by the federal government.
(3) It is the purpose of this part and it is the policy of this state to protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, or unsound management of hazardous wastes and used oil; to establish a program of regulation over used oil and the generation, storage, transportation, treatment, and disposal of hazardous wastes; to ensure the safe and adequate management of hazardous wastes and used oil within this state; and to authorize the department to adopt, administer, and enforce a hazardous waste program pursuant to the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 through 6987), as amended.
History: En. Sec. 9, Ch. 358, L. 1981; amd. Sec. 2, Ch. 384, L. 1989; amd. Sec. 1, Ch. 386, L. 1989; amd. Sec. 1, Ch. 28, L. 1995; amd. Sec. 18, Ch. 112, L. 1997; amd. Sec. 14, Ch. 361, L. 2003.
Structure Montana Code Annotated
Title 75. Environmental Protection
Chapter 10. Waste and Litter Control
Part 4. Hazardous Waste Management
75-10-402. Intent, findings, and purpose
75-10-404. Powers of department
75-10-405. Administrative rules
75-10-407. Concurrent permit and major facility siting decisions
75-10-408. Variances -- renewals
75-10-409. Compliance monitoring and reporting
75-10-410. Inspections -- sampling
75-10-411. Hazardous waste site inventory
75-10-412. State hazardous waste management facilities
75-10-413. Administrative enforcement
75-10-419. Department designated agency for federal program participation -- interstate cooperation
75-10-420. Venue for legal actions
75-10-421. Construction in event of conflict -- remedies cumulative
75-10-423. Renumbered 75-11-525
75-10-424. Administrative penalty
75-10-425. Corrective action orders -- judicial action
75-10-426. Disclosure statement required
75-10-427. Denial or modification of permit -- mitigating factors
75-10-428. Liability -- defense and exclusions
75-10-429. and 75-10-430 reserved
75-10-432. Hazardous waste management facility filing and review fees
75-10-433. Hazardous waste management fees
75-10-434. Deposit of hazardous waste management fees
75-10-435. through 75-10-440 reserved
75-10-441. Hazardous waste site -- public hearing required before operation
75-10-442. Moratorium on certain hazardous waste facility permits
75-10-443. through 75-10-446 reserved
75-10-447. Renumbered 75-11-526
75-10-448. through 75-10-450 reserved
75-10-451. Halogenated solvents -- sale restricted -- proof of registration required -- procedure