Terms Used In Montana Code > Title 10 > Chapter 3 > Part 12 - Response to Hazardous Material Incidents

• Commission: means the state emergency response commission. See Montana Code 10-3-1203
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Division: means the division of disaster and emergency services in the department of military affairs. See Montana Code 10-3-1203
• Duration of response: means a period of time beginning when an emergency responder is requested by the appropriate authority to respond to an incident and ending when the responder is released from the incident by the incident commander and returned to the emergency responder's place of residence by the most direct route and includes the time required to replace and return all materials used for the incident to the same or similar condition and state of readiness as before the response. See Montana Code 10-3-1203
• Hazardous material: means a hazardous substance, a hazardous or deleterious substance as defined in 75-10-701, radioactive material, or a combination of a hazardous substance, a hazardous or deleterious substance, and radioactive material. See Montana Code 10-3-1203
• Hazardous material incident: means an event involving the release or threat of release involving hazardous material that may cause injury to persons, the environment, or property. See Montana Code 10-3-1203
• Hazardous material incident response team: means an organized group of trained response personnel, operating under an emergency response plan and appropriate standard operating procedures, that is expected to perform work to control an actual release or threatened release of hazardous material requiring close approach to the material, to respond to releases or threatened releases of hazardous material for the purpose of control or stabilization of the incident, and to provide technical assistance to local jurisdictions. See Montana Code 10-3-1203
• Hazardous substance: means flammable solids, semisolids, liquids, or gases; poisons; explosives; corrosives; compressed gases; reactive or toxic chemicals; irritants; or biological agents. See Montana Code 10-3-1203
• Incident commander: means the person who is designated in the local emergency operations plan. See Montana Code 10-3-1203
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local emergency operations plan: means the local and interjurisdictional disaster and emergency plan developed pursuant to 10-3-401. See Montana Code 10-3-1203
• Local emergency response authority: means the agency designated by the city or county to be responsible for the management of a hazardous material incident at the local level. See Montana Code 10-3-1203
• 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.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Plan: means the hazardous material response support plan. See Montana Code 10-3-1203
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Property: means real and personal property. See Montana Code 1-1-205
• Radioactive material: means any material or combination of material that spontaneously emits ionizing radiation. See Montana Code 10-3-1203
• 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
• threatened release: means an indication of the possibility of the release of a hazardous material into the environment. See Montana Code 10-3-1203
• Writing: includes printing. See Montana Code 1-1-203