Montana Code 75-10-621. Hazardous waste/CERCLA special revenue account
75-10-621. Hazardous waste/CERCLA special revenue account. (1) There is a hazardous waste/CERCLA special revenue account within the state special revenue fund established in 17-2-102.
Terms Used In Montana Code 75-10-621
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- CERCLA: means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510. See Montana Code 75-10-602
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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
(2)There must be paid into the hazardous waste/CERCLA account:
(a)proceeds from the resource indemnity and ground water assessment tax as provided by 15-38-106;
(b)revenue obtained from the interest income of the resource indemnity trust fund under the provisions of 15-38-202, together with interest accruing on that revenue;
(c)all proceeds of bonds or notes issued under 75-10-623 and all interest earned on proceeds of the bonds or notes; and
(d)revenue from penalties or damages collected under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended in 1986 (CERCLA).
(3)Appropriations may be made from the hazardous waste/CERCLA account only for the following purposes and subject to the following conditions:
(a)not more than one-half of the interest income received for any biennium from the resource indemnity trust fund may be appropriated on a biennial basis for:
(i)implementation of the Montana Hazardous Waste Act, including regulation of underground storage tanks and the state share to obtain matching federal funds;
(ii)implementation of Title 75, chapter 10, part 6, pertaining to state assistance to and cooperation with the federal government for remedial action under CERCLA;
(iii)expenses of the department in administering and overseeing the implementation of Title 75, chapter 10, parts 4 and 6; and
(iv)state expenses relating to investigation and remedial action for any hazardous substance defined in 75-10-602; and
(b)to the extent funds are available after the appropriations in subsection (3)(a), the department may, as appropriate, seek authorization from the legislature or, when the legislature is not in session, through the budget amendment process provided for in Title 17, chapter 7, part 4, to spend funds for:
(i)state participation in remedial action under section 104 of CERCLA;
(ii)state costs for maintenance of sites at which remedial action under CERCLA has been completed; and
(iii)the state share to obtain matching federal funds for underground storage tank corrective action.
(4)For the purposes of subsection (3)(b), the legislature finds that a need for state special revenue to obtain matching federal funds for underground storage tank corrective action or for remedial action under section 104 of CERCLA constitutes a serious unforeseen and unanticipated circumstance for the purpose of meeting the definition of “emergency” in 17-7-102. The legislature further finds that the inability of the department to match the federal funds as the funds become available would seriously impair the functions of the department in carrying out its responsibilities under Title 75, chapter 10, parts 4 and 6.
(5)There is no dollar limit to the hazardous waste/CERCLA account. Unused balances remain in the account until appropriated by the legislature for the purposes specified in this section.