75-10-411. Hazardous waste site inventory. (1) The department is authorized to conduct an inventory of sites and locations in the state where hazardous wastes have been stored or disposed of at any time.
(2) If the department determines that the presence of a hazardous waste or the release of the waste or any waste constituent may present a substantial hazard to the public health or the environment, it may issue an order requiring the owner or operator of the facility or site to conduct reasonable monitoring, testing, analysis, and reporting with respect to the site in order to ascertain the nature and extent of the hazard.
(3) In the case of any facility or site not in operation at the time that a determination is made under subsection (2) with respect to the facility or site, if the department finds that the owner of the facility or site could not reasonably be expected to have actual knowledge of the presence of hazardous waste at the facility or site and of its potential for release, it may issue an order requiring the most recent previous owner or operator of the facility or site who could reasonably be expected to have actual knowledge to carry out the actions referred to in subsection (2).
(4) An order issued under subsection (2) or (3) must require that the person to whom the order is issued submit to the department within 30 days a proposal for carrying out the required monitoring, testing, analysis, and reporting.
(5) If the department determines that the owner or operator referred to in subsection (2) or (3) is not able to conduct monitoring, testing, and analysis in a satisfactory manner, the department may conduct the activities.
(6) For the purposes of carrying out this section, the department may exercise the powers set forth in 75-10-410.
History: En. Sec. 18, Ch. 358, L. 1981; amd. Sec. 6, Ch. 384, L. 1989; amd. Sec. 4, Ch. 386, L. 1989; amd. Sec. 24, Ch. 112, L. 1997.
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