Montana Code 10-3-1211. Notification of release
10-3-1211. Notification of release. (1) A person responsible for reporting a release under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9603, shall, as soon as practicable after obtaining the knowledge of a required reportable release, other than a permitted release, notify the division of the release.
Terms Used In Montana Code 10-3-1211
- Commission: means the state emergency response commission. See Montana Code 10-3-1203
- Division: means the division of disaster and emergency services in the department of military affairs. See Montana Code 10-3-1203
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plan: means the hazardous material response support plan. See Montana Code 10-3-1203
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The division shall notify the commission of releases or threatened releases as defined in the plan.
(3)The division shall immediately notify the department of environmental quality of any release reported and who will respond according to the plan.
(4)Any person who does not make notification in accordance with the provisions of this section is liable for a civil penalty not to exceed $10,000 for each day the violation continues to a maximum of $100,000. These penalties are in addition to any other penalties imposed by law. All penalties collected must be deposited in the environmental contingency account provided for in 75-1-1101.
(5)Compliance with the reporting requirements of this section does not relieve any person of the obligation to report the same incident under any other applicable state or federal law, regulation, or other requirement.