Montana § 76-7-103 Definitions

Montana Statutes

§ 76-7-103 — Definitions

Montana·Title 76 LAND RESOURCES AND USE·Ch. 7 ENVIRONMENTAL CONTROL EASEMENT ACT·Part 1 General Provisions

76-7-103 . Definitions. As used in this chapter, the following definitions apply:

(1)"Department" means the department of environmental quality provided for in 2-15-3501 .

(2)"Environmental control easement" or "easement" means an easement created under this chapter that burdens an environmental control site, that runs with the land, and that is binding on the owner and subsequent owners, lessees, and other users of the land. The easement may require the relinquishment of some or all rights to use the land or its surface or subsurface or the water in, upon, or under the land to the extent provided in the instrument granting the easement.

(3)"Environmental control site" or "site" means any site, including the surface and subsurface of the land and the surface and subsurface resources in,

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76-7-103 . Definitions. As used in this chapter, the following definitions apply:
(1) "Department" means the department of environmental quality provided for in 2-15-3501 .
(2) "Environmental control easement" or "easement" means an easement created under this chapter that burdens an environmental control site, that runs with the land, and that is binding on the owner and subsequent owners, lessees, and other users of the land. The easement may require the relinquishment of some or all rights to use the land or its surface or subsurface or the water in, upon, or under the land to the extent provided in the instrument granting the easement.
(3) "Environmental control site" or "site" means any site, including the surface and subsurface of the land and the surface and subsurface resources in, upon, or under the land, including, without limitation, minerals and water that may contain hazardous wastes or substances or that may require remediation, reclamation, or restoration pursuant to federal, state, or local law or regulation.
(4) "Federal public entity" means the United States of America, the United States environmental protection agency, or any other federal government agency or authority and its successors or assigns.
(5) "Governmental order" means a consent decree, judgment, decision, order, agreement, or other requirement authorized or imposed by or under any federal or state law affecting an environmental control site.
(6) "Hazardous wastes or substances" means those hazardous or toxic substances, wastes, materials, pollutants, or contaminants that are subject to regulation by federal, state, or local environmental protection laws or that are defined pursuant to 75-10-403 , 75-10-602 , and 75-10-702 .
(7) "Public body" means the state, counties, cities, towns, and other municipalities.
(8) "Qualified private organization" means a private organization:
(a) competent to own interests in real property;
(b) that qualifies and holds a general tax exemption under the federal Internal Revenue Code, 26 U.S.C. 501(c); and
(c) whose organizational purposes are designed to further the purposes of this chapter.

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