Montana Code Annotated
Part 4. Hazardous Waste Management
75-10-404. Powers of department

75-10-404. 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) conduct and publish studies on hazardous wastes and hazardous waste management;
(c) initiate, conduct, and support research, demonstration projects, and investigation, as its resources may allow, and coordinate state agency research programs pertaining to hazardous waste management;
(d) accept and administer grants from the federal government and from other sources, public and private; and
(e) abate public nuisances that affect the public health and welfare or the environment and that arise from or in connection with the past or present handling or disposal of any hazardous waste.
(2) The department shall integrate all provisions of this part with other laws administered by the department to avoid unnecessary duplication. Furthermore, the department shall coordinate its activities under this part with the program administered by the department of agriculture under the Montana Pesticides Act, the programs administered by the department of environmental quality related to mining and mine reclamation, the program administered by the department of public service regulation related to hazardous material transportation, and provisions of the Montana Major Facility Siting Act. The integration and coordination must be effected only to the extent that it can be done in a manner consistent with the goals and policies of this part and the other laws referred to in this section.
History: En. Sec. 11, Ch. 358, L. 1981; amd. Sec. 2, Ch. 386, L. 1989; amd. Sec. 195, Ch. 418, L. 1995; amd. Sec. 20, Ch. 112, L. 1997.

Structure Montana Code Annotated

Montana Code Annotated

Title 75. Environmental Protection

Chapter 10. Waste and Litter Control

Part 4. Hazardous Waste Management

75-10-401. Short title

75-10-402. Intent, findings, and purpose

75-10-403. Definitions

75-10-404. Powers of department

75-10-405. Administrative rules

75-10-406. Permits

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

75-10-414. Injunctions

75-10-415. Imminent hazard

75-10-416. Cleanup orders

75-10-417. Civil penalties

75-10-418. Criminal penalties

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

75-10-422. Unlawful disposal

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

75-10-431. Definitions

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