Terms Used In Montana Code 75-10-603

• CERCLA: means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510. See Montana Code 75-10-602
• Contaminant: includes but is not limited to any element, substance, compound, or mixture, including disease-causing agents, that after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction), or physical deformations in the organisms or their offspring. See Montana Code 75-10-602
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-602
• Hazardous substance: means :

  (i)any substance designated pursuant to section 311(b)(2)(A) of the federal Water Pollution Control Act;

  (ii)any element, compound, mixture, solution, or substance designated a hazardous substance by regulations promulgated by the administrator of the federal environmental protection agency pursuant to section 102 of CERCLA;

  (iii)any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the federal Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of congress);

  (iv)any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act;

  (v)any hazardous air pollutant listed under section 112 of the federal Clean Air Act; and

  (vi)any imminently hazardous chemical substance or mixture with respect to which the administrator of the environmental protection agency has taken action pursuant to section 7 of the federal Toxic Substances Control Act. See Montana Code 75-10-602

• Hazardous waste: means a solid waste or combination of solid wastes that because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

  (a)cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

  (b)pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed. See Montana Code 75-10-602

• President: means the president of the United States. See Montana Code 75-10-602
• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment but excludes:

  (a)any release that results in exposure to persons solely within a workplace, with respect to a claim that persons may assert against their employer;

  (b)emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

  (c)(i) the release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the federal Atomic Energy Act of 1954, if the release is subject to requirements with respect to financial protection established by the nuclear regulatory commission under section 170 of that act; or

  (ii)for the purposes of section 104 of CERCLA or any other response action, any release of source byproduct or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the federal Uranium Mill Tailings Radiation Control Act of 1978; and

  (d)the normal application of fertilizer. See Montana Code 75-10-602

• Remedial action: means those actions consistent with a permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment that prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to the present or future public health or welfare or the environment. See Montana Code 75-10-602
• 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