Montana Code 10-3-1214. Right to reimbursement
10-3-1214. Right to reimbursement. (1) Hazardous material incident response team members may submit claims to the commission for reimbursement of documented costs incurred as a result of the team’s response to an incident. Reimbursement for the costs may not exceed the duration of response.
Terms Used In Montana Code 10-3-1214
- Commission: means the state emergency response commission. See Montana Code 10-3-1203
- Duration of response: means a period of time beginning when an emergency responder is requested by the appropriate authority to respond to an incident and ending when the responder is released from the incident by the incident commander and returned to the emergency responder's place of residence by the most direct route and includes the time required to replace and return all materials used for the incident to the same or similar condition and state of readiness as before the response. See Montana Code 10-3-1203
- Hazardous material: means a hazardous substance, a hazardous or deleterious substance as defined in 75-10-701, radioactive material, or a combination of a hazardous substance, a hazardous or deleterious substance, and radioactive material. See Montana Code 10-3-1203
- Hazardous material incident: means an event involving the release or threat of release involving hazardous material that may cause injury to persons, the environment, or property. See Montana Code 10-3-1203
- Hazardous material incident response team: means an organized group of trained response personnel, operating under an emergency response plan and appropriate standard operating procedures, that is expected to perform work to control an actual release or threatened release of hazardous material requiring close approach to the material, to respond to releases or threatened releases of hazardous material for the purpose of control or stabilization of the incident, and to provide technical assistance to local jurisdictions. 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)A party who is not a part of the hazardous material incident response team and is not liable under federal or state law may submit a claim to the commission for costs if the claim is associated with a request by the hazardous material incident response team or the commission.
(3)Claims for reimbursement must be submitted to the commission within 60 days after termination of the response to the incident for the state’s determination of payment, if any.
(4)Reimbursement may be made only after the commission finds that the actions by the applicant were taken in response to an incident as defined in this part and only if adequate funds are available.