Abstract
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This is an archive copy of the remediation response sites data. Current data may be available from the Montana Remediation Division.This dataset is maintained and updated by the Dept. of Environmental Quality, Remediation Division - Hazardous Waste Site Cleanup Bureau in their "Remediation" database. Sites in this database are addressed State and Federal programs which include CECRA, CERCLA, WQA, ACGP, VCRA, Brownfields, and CALA. See site program details below:-- Comprehensive Environmental Cleanup and Responsibility Act (CECRA) Sites --
The 1985 Montana Legislature passed the Environmental Quality Protection Fund Act. This Act created a legal mechanism for the Department to investigate and clean up, or require liable persons to investigate and clean up, hazardous or deleterious substance facilities in Montana. The 1989 Montana Legislature significantly amended the Act, changing its name to the Montana Comprehensive Environmental Cleanup and Responsibility Act (CECRA) and providing the Department with similar authorities as provided under the federal Superfund Act (CERCLA). With the passage of CECRA, the state Superfund program became the CECRA Program. CECRA facilities are ranked maximum, high, medium, low and operation and maintenance priority based on the severity of contamination at the facility and the actual and potential impacts of contamination to public health, safety, and welfare and the environment. The Department maintains database narratives that explain contamination problems and status of work at each state Superfund facility.-- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Sites --
In 1980, the US Congress enacted the Comprehensive Environmental Response, Compensation and Liability Act, (CERCLA) in response to the dangers of uncontrolled hazardous waste sites. CERCLA was amended in 1986 by the Superfund Amendments and Reauthorization Act. These sites are commonly known as federal Superfund sites.-- Water Quality Act (WQA) Sites --
Sites regulated under the Montana Water Quality Act (WQA) are addressed by the Groundwater Remediation Program. These sites typically require long-term soil, surface water, and/or groundwater remediation and monitoring. This program addresses sites that are not addressed by the Leaking Underground Storage Tank Program, CECRA Program, Permitting and Compliance Division, or other state authorities. The Groundwater Remediation Program has overseen remediation at sites contaminated with petroleum, pesticides, and solvents. Sites range from small to large in scale. Sites are ranked as maximum, high, medium, or low priority sites, or as operation and maintenance sites.-- Agricultural Chemical Groundwater Protection Act (ACGP) Sites --
The Groundwater Remediation Program works cooperatively with the Department of Agriculture when pesticides impact groundwater. The Montana Agricultural Chemical Groundwater Protection Act regulates investigation and cleanup of sites contaminated with agricultural chemicals.-- Voluntary Cleanup and Redevelopment Act (VCRA) Sites --
The 1995 Montana Legislature created the Voluntary Cleanup and Redevelopment Act (VCRA). VCRA formalizes the voluntary cleanup process in the state. It specifies application requirements, voluntary cleanup plan requirements, agency review criteria and time frames, and conditions for and contents of no further action letters. The act was developed to permit and encourage voluntary cleanup of facilities where releases or threatened releases of hazardous or deleterious substances exist, by providing interested persons with a method of determining what the cleanup responsibilities will be for reuse or redevelopment of existing facilities. Any entity (such as facility owners, operators, or prospective purchasers) may submit an application for approval of a voluntary cleanup plan to the Department. Voluntary Cleanup Plans (VCPs) may be submitted for facilities whether or not they are on the CECRA Priority List. The plan must include (1) an environmental assessment of the facility; (2) a remediation proposal; and (3) the written consent of current owners of the facility or property to both the implementation of the voluntary cleanup plan and access to the facility by the applicant and its agents and Department. The applicant is also required to reimburse the Department for any costs that the state incurs during the review and oversight of a voluntary cleanup effort.-- Brownfield Sites --
The Environmental Protection Agency (EPA) defines brownfields as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. EPA's Brownfields Economic Redevelopment Initiative is an organized commitment to help communities revitalize such properties both environmentally and economically, mitigate potential health risks, and restore economic vitality to areas where brownfields exist. Successful brownfields cleanup and redevelopment are proof that economic development and the environment can, and indeed, must coexist.-- Controlled Allocation of Liability Act (CALA) Sites --
The Montana Legislature passed the Controlled Allocation of Liability Act in 1997. CALA is a voluntary process that allows PLPs to petition for an allocation of liability as an alternative to the strict, joint and several liability scheme included in CECRA. CALA provides a streamlined alternative to litigation that involves negotiations designed to allocate liability among persons involved at facilities requiring cleanup, including bankrupt or defunct persons. Cleanup of these facilities must occur concurrently with the CALA process and CALA provides the funding for the orphan share of the cleanup. Since CECRA cleanups typically involve historical contamination, liable persons often include entities that are bankrupt or defunct and not affiliated with any viable person by stock ownership. The share of cleanup costs for which these bankrupt or defunct persons are responsible is the orphan share. Department represents the interests of the orphan share throughout the CALA process.These data were available on the Montana State Library web site from 2005 through 2011 and were updated on a weekly basis. The archive contains copies of the data set that were updated in 2005, 2006, and 2011.
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