75-10-603. Cooperative agreement -- authority of department.
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/mt/title-75/chapter-10/part-6/75-10-603·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
75-10-603 . Cooperative agreement -- authority of department.
(1)In order to assist in implementation of CERCLA, the department may, subject to the provisions of 75-10-107 :
(a)participate in the determination of appropriate remedial action to deal with the release or threatened release within Montana of:
(i)any contaminant presenting an imminent and substantial danger to public health or welfare; or
(ii)any hazardous substance;
(b)in the event of the release or threatened release of any of the substances described in subsection (1)(a), negotiate the terms of a cooperative agreement with the federal government containing mutual commitments of each party to remedial action, including the elements required by subsection (2).
(2)A cooperative agreement may contain the following assurances:
(a)the state of Montana will ensure the future maintenance of the removal and remedial actions agreed upon for the expected life of the actions;
(b)a hazardous waste disposal facility is available to the state of Montana that meets the specifications of the president and complies with the requirements of subtitle C of the federal Solid Waste Disposal Act for necessary offsite storage, destruction, treatment, or secure disposition of the hazardous substances; and
(c)the state of Montana will pay or ensure payment of a share of the costs of the remedial action, including all future maintenance.