Montana Title 75. Environmental Protection § 75-11-705. Eligibility for brownfields funding--determination and limitations

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) Before an eligible entity may expend federal brownfields funds at a brownfield site, either the United States environmental protection agency or the department shall make a written determination that:

(a) there is no viable responsible party for the contamination as determined pursuant to 75-11-704;

(b) the brownfield site will not be assessed, investigated, or cleaned up by a responsible party; and

(c) the brownfield 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 brownfield site is eligible for federal brownfields funding, the department shall encourage and may not limit the use of an eligible entity's federal 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 to an eligible entity for remediation of petroleum at a brownfield 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 brownfield site is eligible for federal brownfields funding does not limit or alter the responsible party's, owner's, or operator's responsibility to assess or remediate:

(i) a petroleum or hazardous substance release in accordance with Title 75, chapter 11; or

(ii) a liability at a facility subject to the Comprehensive Environmental Cleanup and Responsibility Act in accordance with Title 75, chapter 10.

(b) The department shall approve a comprehensive remediation plan and allow for the use of federal brownfields funding at the brownfield site if the department determines that an eligible entity has proposed to conduct timely and comprehensive environmental remediation activities using federal brownfields funding at a brownfield site that:

(i) is eligible for brownfield funding as determined by the department or U.S. environmental protection agency;

(ii) proposes a remediation plan of environmental remediation activities that meets or exceeds department remediation standards; and

(iii) meets or exceeds financial commitments required by the petroleum tank release compensation board pursuant to Title 75, chapter 11, part 3.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - Montana Title 75. Environmental Protection § 75-11-705. Eligibility for brownfields funding--determination and limitations - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-75-environmental-protection/mt-code-ann-sect-75-11-705/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)