Montana Code 76-7-205. Qualified private organizations
76-7-205. Qualified private organizations. If the grantee or holder of an environmental control easement is a qualified private organization, then the organization has the following additional obligations:
Terms Used In Montana Code 76-7-205
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- easement: means an easement created under this chapter that burdens an environmental control site, that runs with the land, and that is binding on the owner and subsequent owners, lessees, and other users of the land. See Montana Code 76-7-103
- Qualified private organization: means a private organization:
(a)competent to own interests in real property;
(b)that qualifies and holds a general tax exemption under the federal Internal Revenue Code, 26 U. See Montana Code 76-7-103
- site: means any site, including the surface and subsurface of the land and the surface and subsurface resources in, upon, or under the land, including, without limitation, minerals and water that may contain hazardous wastes or substances or that may require remediation, reclamation, or restoration pursuant to federal, state, or local law or regulation. See Montana Code 76-7-103
- 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
- Writing: includes printing. See Montana Code 1-1-203
(1)The organization shall provide to the state or federal agency that approved the environmental control easement pursuant to 76-7-201 an annual report on or before April 30 of each year providing a description of actions taken to monitor the environmental control site, the status of compliance with the environmental control easement, and any other information that the state or federal agency may require relating to compliance with the provisions of the environmental control easement.
(2)Within 15 days following the discovery of any material violation of the environmental control easement, the organization shall provide to the state or federal agency that approved the environmental control easement pursuant to 76-7-201 a written report setting forth the nature of the violation, the remedies that the grantee intends to undertake to correct the violation, and any other information that the state or federal agency may request.
(3)The organization shall notify, in writing, the state or federal agency that approved the environmental control easement pursuant to 76-7-201 of the organization’s dissolution, the cessation of operations, or the occurrence of any other event that renders the organization incapable of performing its obligations under the terms of the environmental control easement.