Montana Code 75-11-408. Brownfields site eligibility at petroleum tank release sites — determinations and limitations
75-11-408. Brownfields site eligibility at petroleum tank release sites — determinations and limitations. (1) Before a grant recipient may expend federal brownfields funds at a petroleum tank release site, either the United States environmental protection agency or the department shall make a written determination that:
Terms Used In Montana Code 75-11-408
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-11-403
- Grant recipient: means a city, town, county, consolidated city-county, tribal government, economic development organization, nonprofit organization, or state agency that has received federal brownfields money from the environmental protection agency. See Montana Code 75-11-403
- Person: means an individual, firm, trust, estate, partnership, company, association, joint-stock company, syndicate, consortium, commercial entity, corporation, state government agency, or local government. See Montana Code 75-11-403
- Petroleum tank release site: means a site where there has been a release from a petroleum storage tank and assessment, remediation, or both are being pursued in accordance with Title 75, chapter 11, part 3. See Montana Code 75-11-403
- Responsible party: means :
(i)a person who is responsible for conducting the assessment, investigation, and cleanup at a petroleum tank release site as determined through:
(A)a judgment rendered in a court of law or an administrative order;
(B)an enforcement action by federal authorities or the department; or
(C)a citizen suit, contribution action, or other third-party claim brought against the current owner of the petroleum tank release site; or
(ii)a current owner of a petroleum tank release site who:
(A)dispensed or disposed of petroleum or petroleum product contamination at the site;
(B)exacerbated existing petroleum contamination at the site;
(C)owned the site when any dispensing or disposal of petroleum by others took place; or
(D)failed to take reasonable steps with regard to petroleum contamination at the site. See Montana Code 75-11-403
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)there is no viable responsible party for the petroleum tank release site;
(b)the petroleum tank release site will not be assessed, investigated, or cleaned up by a potentially liable person; and
(c)the petroleum tank release site is not subject to an order under section 9003(h) of the federal Solid Waste Disposal Act, 42 U.S.C. § 6991b(h), or Title 75, chapter 11.
(2)After the department or the United States environmental protection agency determines that a petroleum tank release site is eligible for federal brownfields funding, the department shall encourage and may not limit the use of a grant recipient’s federal petroleum brownfields funding at the site even if the site owner or operator, as defined in 75-11-302, is eligible for funding from the petroleum tank release cleanup fund established in 75-11-313.
(3)The department may not limit the use of money from the petroleum tank release cleanup fund established in 75-11-313 when used as a commitment to a federal brownfields loan made by a grant recipient for remediation at a petroleum tank release site.
(4)(a) Except as provided in subsection (4)(b), a determination made by the department or the United States environmental protection agency that a petroleum tank release site is eligible for federal brownfields funding does not limit or alter the owner’s or operator’s responsibility to assess or remediate the petroleum tank release site in accordance with Title 75, chapter 11.
(b)If the department determines that a grant recipient has proposed to conduct a timely and comprehensive remediation using federal brownfields funding at a petroleum tank release site that has been determined by the department or the United States environmental protection agency to be eligible for petroleum brownfields funding and the proposed remediation plan is expected to meet or exceed remediation standards required by the department and financial commitments required by the petroleum tank release compensation board pursuant to Title 75, chapter 11, the department shall approve the comprehensive remediation plan and allow for the use of federal brownfields funding at the petroleum tank release site.