Montana Code 75-8-103. Definitions
75-8-103. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 75-8-103
- Affected property: means the property owned by or under the control of an owner that is affected by a coal-fired generating unit, including:
(i)land, surface water, or ground water directly affected by the coal-fired generating unit, associated impoundments, disposal and waste operations, buildings, structures, or other improvements or operations infrastructure; and
(ii)areas affected by activities necessary to the closure and dismantling of the coal-fired generating unit. See Montana Code 75-8-103
- Coal-fired generating unit: means an individual unit of a coal-fired electrical generating facility located in Montana, where the unit has a generating capacity that is greater than or equal to 200 megawatts. See Montana Code 75-8-103
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-8-103
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Operator: means the person engaged in operating or undertaking remediation actions at a coal-fired generating unit. See Montana Code 75-8-103
- Owner: means a person who has a legal or equitable interest in property subject to this part or the person's legal representative. See Montana Code 75-8-103
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, partnership, corporation, association, or other legal entity or any political subdivision of the state or federal government. See Montana Code 75-8-103
- Property: means real and personal property. See Montana Code 1-1-205
- Remediation: means all actions required by an applicable legal obligation directed exclusively toward achieving a degree of cleanup required in accordance with 75-8-107. See Montana Code 75-8-103
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
(1)(a) “Affected property” means the property owned by or under the control of an owner that is affected by a coal-fired generating unit, including:
(i)land, surface water, or ground water directly affected by the coal-fired generating unit, associated impoundments, disposal and waste operations, buildings, structures, or other improvements or operations infrastructure; and
(ii)areas affected by activities necessary to the closure and dismantling of the coal-fired generating unit.
(b)The term does not include:
(i)land, water, or air affected or potentially affected by emissions from the operation of a coal-fired generating unit; or
(ii)the mining of coal at an underground or strip mine and used at the coal-fired generating unit.
(2)”Applicable legal obligations” means any applicable state or federal environmental laws, including but not limited to the Montana Water Quality Act, rules regarding disposal of coal combustion residuals from electric utilities, the Montana Major Facility Siting Act, and other applicable laws administered by the department in accordance with Title 75. The term includes:
(a)any consent order or settlement entered into by the department and an operator or owner imposing obligations to undertake remediation actions at the coal-fired generating unit or affected property; and
(b)a water feasibility study completed in accordance with 75-8-110.
(3)”Coal-fired generating unit” means an individual unit of a coal-fired electrical generating facility located in Montana, where the unit has a generating capacity that is greater than or equal to 200 megawatts.
(4)”Department” means the department of environmental quality provided for in 2-15-3501.
(5)”Operator” means the person engaged in operating or undertaking remediation actions at a coal-fired generating unit. An operator may or may not be an owner.
(6)”Owner” means a person who has a legal or equitable interest in property subject to this part or the person’s legal representative.
(7)”Person” means an individual, partnership, corporation, association, or other legal entity or any political subdivision of the state or federal government.
(8)”Reasonably anticipated future uses” means likely future land or resource uses that take into consideration:
(a)local land and resource use regulations, ordinances, restrictions, or covenants;
(b)historical and anticipated uses of a site where a coal-fired generating unit is located;
(c)patterns of development in the immediate area; and
(d)relevant indications of anticipated land use from an operator or owner, or both, of a coal-fired generating unit, affected property owners, and local planning officials.
(9)”Remediation” means all actions required by an applicable legal obligation directed exclusively toward achieving a degree of cleanup required in accordance with 75-8-107.
(10)”Retired” or “retire” means the complete and permanent closure of a coal-fired generating unit. Retirement occurs on the date that the coal-fired generating unit ceases combustion of fuel and permanently ceases to generate electricity.