75-10-712. Emergency action. If the department determines that immediate response to an imminent threat to public health, safety, or welfare or the environment is necessary to avoid substantial injury or damage to persons, property, or resources, remedial action may be taken pursuant to 75-10-711(1) without the prior written notice required by 75-10-711(3). The department shall give subsequent written notice to a person who is liable or potentially liable under 75-10-715(1) within 30 days after the action is taken, describing the circumstances that required the action to be taken without prior notice.

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Terms Used In Montana Code 75-10-712

  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-701
  • Environment: means any surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the state of Montana or under the jurisdiction of the state of Montana. See Montana Code 75-10-701
  • Person: means an individual, trust, firm, joint-stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state or state agency, political subdivision of the state, interstate body, or the federal government, including a federal agency. See Montana Code 75-10-701
  • Property: means real and personal property. See Montana Code 1-1-205
  • Remedial action: includes all notification, investigation, administration, monitoring, cleanup, restoration, mitigation, abatement, removal, replacement, acquisition, enforcement, legal action, health studies, feasibility studies, and other actions necessary or appropriate to respond to a release or threatened release. See Montana Code 75-10-701