Terms Used In Montana Code > Title 7 > Chapter 4 > Part 28 - Office of County Surveyor

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-11-203
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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 75-11-403
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-11-203
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-1503
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-1401
• Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• dispose: has the meaning provided in 75-10-203. See Montana Code 75-10-1003
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• generation: means to produce infectious waste. See Montana Code 75-10-1003
• 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
• Grantor: The person who establishes a trust and places property into it.
• Infectious: means capable of producing disease. See Montana Code 75-10-1003
• Infectious waste: means waste capable of producing infectious disease. See Montana Code 75-10-1003
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspection: means activities to inspect all or part of an underground storage tank system, including records relating to installation, operation, maintenance, and closure to determine compliance with applicable laws and rules relating to operation and maintenance. See Montana Code 75-11-203
• Inspector: means an individual who performs inspections of underground storage tank systems. See Montana Code 75-11-203
• Installer: means an individual who installs or closes underground storage tank systems. See Montana Code 75-11-203
• Intermediate point: means a place where infectious waste is not treated or disposed of. See Montana Code 75-10-1003
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: means a license issued by the department under 75-11-204 or 75-11-210 to conduct the inspection, installation, or closure of underground storage tank systems. See Montana Code 75-11-203
• Licensed installer: means an individual who holds a valid underground storage tank system installer license. See Montana Code 75-11-203
• Manufacturer: means a business concern that owns or owned the name brand of a mercury-added thermostat sold in this state. See Montana Code 75-10-1503
• Mercury-added thermostat: means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment in residential, commercial, industrial, or other buildings. See Montana Code 75-10-1503
• Operator: means a person in control of or having responsibility for the operation, maintenance, or management of an underground storage tank system. See Montana Code 75-11-203
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who owns an underground storage tank system used for the storage, use, or dispensing of regulated substances. See Montana Code 75-11-203
• 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, 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
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Person: means an individual, firm, trust, estate, partnership, company, association, corporation (whether organized for profit or not), city, town, local governmental entity, or any other governmental or private entity. See Montana Code 75-11-203
• Person: means an individual, firm, partnership, company, association, corporation, city, town, local government entity, federal agency, or any other governmental or private entity, whether organized for profit or not. See Montana Code 75-10-1003
• Petroleum brownfields sites: means real property where the expansion, redevelopment, or reuse is or may be complicated by the presence or perceived presence of petroleum contamination. 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
• 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.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Program: means a system for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats that is financed, as well as managed or provided, by a manufacturer or collectively with other manufacturers. See Montana Code 75-10-1503
• Property: means real and personal property. See Montana Code 1-1-205
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Reasonable steps: means , as appropriate, stopping continuing releases, preventing threatened future releases, or preventing or limiting human, environmental, or natural resource exposure to earlier petroleum or petroleum product releases. See Montana Code 75-11-403
• Regulated substance: means a regulated substance as defined in 75-11-503. See Montana Code 75-11-203
• 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

• Retailer: means a person who sells thermostats of any kind directly to a consumer through a selling or distribution mechanism, including but not limited to a sale using catalogs or the internet. See Montana Code 75-10-1503
• Sharps: means any discarded health care article that may cause punctures or cuts, including but not limited to:

  (a)broken glass that may be contaminated with blood;

  (b)needles; and

  (c)scalpel blades. See Montana Code 75-10-1003

• Smelter waste: means cinders, clinker, slag, and other waste products from the reduction of ores by any means, including material that may have migrated from its original place of deposition by erosion, and that contain hazardous or deleterious substances. See Montana Code 75-10-1401
• 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
• store: means to hold for a temporary period. See Montana Code 75-10-1003
• Thermostat: means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment in residential, commercial, industrial, and other buildings. See Montana Code 75-10-1503
• transportation: means to move infectious waste from the point of generation to any intermediate point or to the point of ultimate treatment or disposal. See Montana Code 75-10-1003
• treatment: means to apply a method, technique, or process, including incineration, designed to render infectious waste sterile. See Montana Code 75-10-1003
• underground storage tank system: means an underground storage tank, as defined in 75-11-503, and, for purposes of this part, includes ancillary equipment designed to prevent, detect, or contain a release from an underground storage tank system. See Montana Code 75-11-203
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
• Viable responsible party: means a responsible party who is determined by the department in accordance with 75-11-407 to have the financial capability to conduct the assessment, investigation, or cleanup activities at a petroleum tank release site. See Montana Code 75-11-403
• Wholesaler: means a person engaged in the distribution and wholesale selling of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components and whose total wholesale sales account for 80% or more of total sales. See Montana Code 75-10-1503
• Writing: includes printing. See Montana Code 1-1-203