AN ACT PROVIDING THE DEPARTMENT OF ENVIRONMENTAL QUALITY WITH CORRECTIVE ACTION ORDER AUTHORITY UNDER THE MONTANA HAZARDOUS WASTE ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Corrective action orders -- judicial action. Whenever, on the basis of any information, the department determines and verifies that there is or has been a release of hazardous waste or constituents into the environment from any facility that treats, stores, or disposes of hazardous waste, whether or not the facility is authorized to operate under 75-10-406, the department may:

(1) commence a civil action for appropriate relief, including injunctive relief, in the district court in the district in which the facility is located; or

(2) issue an order requiring corrective action or any other response measure that the department considers necessary to protect human health or the environment. An order may include a suspension or revocation of authorization to operate under 75-10-406. An order must state with reasonable specificity the nature of the required corrective action or other response measure and must specify a time for compliance.

Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 75, chapter 10, part 4, and the provisions of Title 75, chapter 10, part 4, apply to [section 1].

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I hereby certify that the within bill,

HB 0113, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 113

INTRODUCED BY C. YOUNKIN

BY REQUEST OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY

AN ACT PROVIDING THE DEPARTMENT OF ENVIRONMENTAL QUALITY WITH CORRECTIVE ACTION ORDER AUTHORITY UNDER THE MONTANA HAZARDOUS WASTE ACT.