Montana Administrative Code

17.20.1511 LINEAR FACILITIES, PIPELINE FACILITIES, CONSTRUCTION DESCRIPTION An application must contain a preliminary construction schedule, a description of typical construction equipment to be used, an estimate of total equipment needs and a description of sequential constructi…

17.20.1512 LINEAR FACILITIES, OPERATION AND MAINTENANCE DESCRIPTION An application must include a description of operation and maintenance procedures for the proposed facility under normal and emergency conditions, including types and scheduling of anticipated maintenance and ins…

17.20.1601 Energy Generation and Conversion Facilities, Service Area Utilities, Need Standard Final File Not Found. It is now created. Please edit it: D:\Shares\MTRules\MTRules_files\MT\ARM\200909\Rules\17\17.20.1601.htm Authorizing statute(s): 75-20-105, MCA Implementing statute…

17.20.1602 Energy Generation and Conversion Facilities, Competitive Utilities, Need Standard Final File Not Found. It is now created. Please edit it: D:\Shares\MTRules\MTRules_files\MT\ARM\200909\Rules\17\17.20.1602.htm Authorizing statute(s): History: 75-20-105, MCA Implementing…

17.20.1603 Energy Generation and Conversion Facilities, Minimum Impact Standard IS REPEALE. Authorizing statute(s): History: 75-20-105, MCA Implementing statute(s): 75-20-301, 75-20-503, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2…

17.20.1604 LINEAR FACILITIES, PUBLIC INTEREST STANDARD The department must find that a proposed facility will serve the public interest, as required by 75-20-301, MCA, based on a determination of the following: the findings required by ARM 17.20.1606; the cumulative environmental…

17.20.1605 ENERGY GENERATION FACILITIES, DECISIONS In making its decision under 75-20-301(3), MCA, the department shall identify all: significant environmental impacts; and reasonable, cost-effective mitigation measures for those impacts. For those significant environmental impac…

17.20.1606 LINEAR FACILITIES, NEED STANDARD To establish the basis of need, as required by 75-20-301, MCA, the department must find and determine at least one of the following: the facility is a connecting link based on an explanation of how this facility would augment the existi…

17.20.1607 LINEAR FACILITIES, MINIMUM IMPACT STANDARD In order for the department to find and determine that a linear facility represents the minimum adverse environmental impact, considering the state of available technology and the nature and economics of the various alternativ…

17.20.1608 LINEAR FACILITIES, MINIMUM IMPACT STANDARD FOR CENTERLINES IS REPEALE. Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-301, 75-20-302, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2415, Ef…

17.20.1701 CONDITIONAL APPROVAL OF ROUTES OR CORRIDORS IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-301, 75-20-302, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2415, Eff. 12/7/01.

17.20.1702 CENTERLINE EVALUATION IN AN APPROVED ROUTE OR CORRIDOR--GENERAL REQUIREMENTS IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-301, 75-20-302, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 20…

17.20.1703 ELECTRIC TRANSMISSION LINES, CENTERLINE EVALUATION IN AN APPROVED ROUTE, INFORMATION REQUIREMENTS IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-301, 75-20-302, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996…

17.20.1704 PIPELINES, CENTERLINE EVALUATION IN AN APPROVED ROUTE, INFORMATION REQUIREMENTS IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-301, 75-20-302, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP,…

17.20.1705 LINEAR ASSOCIATED FACILITIES, CENTERLINE EVALUATION IN AN APPROVED CORRIDOR, INFORMATION REQUIREMENTS IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-301, 75-20-302, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, …

17.20.1706 FINAL CENTERLINE APPROVAL IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-301, 75-20-302, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2415, Eff. 12/7/01.

17.20.1801 NOTIFICATION OF PROPOSED CHANGE OR ADDITION TO A FACILITY OR ASSOCIATED FACILITY FOR WHICH A CERTIFICATE HAS BEEN GRANTED If a certificate holder desires to change or add to a facility or associated facility for which a certificate has been granted, the certificate hol…

17.20.1802 CONTENTS OF NOTICE TO AMEND A CERTIFICATE The certificate holder shall provide drawings, analyses, maps, and other information at a level of detail equivalent to that required in an application to describe any proposed change to a facility in a notice for amendment to …

17.20.1803 CERTIFICATE AMENDMENT PURSUANT TO CHANGE IN DEPARTMENT OF ENVIRONMENTAL QUALITY OR BOARD OF ENVIRONMENTAL REVIEW PERMIT An amendment affecting, amending, altering or modifying a decision, opinion, order, certification or permit issued by the department of environmental…

17.20.1804 DECISIONS ON CERTIFICATE AMENDMENTS In order for the department to determine that an amendment to a certificate should be granted or modified, the department must find and determine that the amendment will not materially alter the findings required by subchapter 16 tha…

17.20.1901 MONITORING REQUIRED BY CERTIFICATE As required by 75-20-303 , MCA, the certificate shall include a plan for monitoring environmental effects of the facility and associated facilities. The plan shall specify the types of monitoring data and activities required, and the …

17.20.1902 LINEAR FACILITIES, MONITORING REQUIREMENTS Within 15 days of the department's approval of a final location, the department shall designate an environmental inspector to monitor compliance with the environmental specifications and any other conditions contained in the c…

17.20.201 DEFINITIONS Unless the context requires otherwise, in this subchapter: "Act" means the Montana Major Facility Siting Act, Title 75, chapter 20, MCA, as amended. "Department" means the department of environmental quality. "Environmental impact" means a change, adverse or…

17.20.202 GEOTHERMAL EXPLORATION PLANS Each person shall submit a geothermal exploration plan on April 1, 1975, and each year thereafter to the department in an electronic format acceptable to the department. Maps, drawings, or charts may accompany a geothermal exploration plan a…

17.20.203 INITIAL FIELD REPORTS Before the boring of test holes or the initiation of other underground exploration, investigation, or experimentation, related to the possible future development of geothermal resources, every person shall submit an initial field report to the depa…

17.20.204 PERIODIC FIELD REPORTS Sixty days after the initiation of the boring of test holes or the initiation of other underground exploration, investigation, or experimentation, related to the possible future development of geothermal resources, and at 60-day intervals for the …

17.20.205 FINAL FIELD REPORTS After cessation ofgeothermal investigation, every person shall submit a final field report to the department in an electronic format acceptable to the department. Within each final field report shall be included a summary of the previous periodic fie…

17.20.206 GEOLOGICAL REPORTS Within 9 months of the initiation of the investigation or 6 months of the completion of the investigation, whichever comes first, and at intervals of 6 months for the duration of the investigation, every person shall submit a geological report to the …

17.20.207 CONFIDENTIALITY The pertinent technical data submitted pursuant to ARM 17.20.204 through 17.20.206 shall be for the exclusive use of the department and other state agencies involved in geothermal research or regulation, and shall remain confidential for a period of two …

17.20.301 DEFINITIONS Unless the context requires and clearly states otherwise, in these rules: "Act" means the Montana Major Facility Siting Act, Title 75, chapter 20, MCA. "Alternative technological component" means a reasonable alternate design for a process area or component …

17.20.302 PUBLIC RECORD--CONFIDENTIALITY Any records, materials, or other information furnished pursuant to the Act or these rules are a matter of public record and are open to public inspection, unless they are entitled to protection under the Uniform Trade Secrets Act, Title 30…

17.20.303 FORMAT Documents required by the Act and explained in these rules must beelectronically submitted tothe department. The text and attachments shall be consistently and consecutively numbered. Maps, drawings, charts, photographs or other illustrations may accompany a docu…

17.20.501 GENERAL REQUIREMENTS IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-501, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2410, Eff. 12/7/01.

17.20.502 IDENTIFICATION OF FACILITIES AND EXPECTED APPLICATION DATES IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-501, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2410, Eff. 12/7/01.…

17.20.503 SERVICE AREA UTILITIES, FORECASTED ENERGY DEMAND AND SUPPLY IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-501, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2410, Eff. 12/7/01.…

17.20.504 SERVICE AREA UTILITIES, POOLING, INTERCONNECTION, EXCHANGE, PURCHASE AND SALE AGREEMENTS IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-501, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 20…

17.20.505 SERVICE AREA UTILITIES, NEGOTIATIONS OVER RESOURCE ACQUISITION OR SALE, POOLING, INTERCONNECTION, TRANSMISSION, EXCHANGE, PURCHASE OR SALE OF ENERGY IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-501, MCA History: NEW, 1984 MAR p. 1844…

17.20.506 COMPETITIVE UTILITIES AND NONUTILITIES, PROJECTED DEMAND IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-501, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2410, Eff. 12/7/01.…

17.20.601 WAIVER OF PROVISIONS OF CERTIFICATION PROCEEDINGS An applicant may request a waiver of any portions of the Act, as provided for in 75-20-304 , MCA. Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-304, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/…

17.20.602 NOTIFICATION OF REQUEST FOR WAIVER The applicant shall submit a written notice of request for a waiver to the department, by certified mail or personal service. The notice must be accompanied by an affidavit of service showing that copies of the notice have been served …

17.20.603 CONTENTS OF NOTICE OF REQUEST FOR WAIVER PURSUANT TO 75-20-304 (1) , MCA For a waiver of provisions described in 75-20-304 (1) , MCA, the notice of request for waiver must contain the following information: an explanation of the need or demand for the proposed facility …

17.20.604 CONTENTS OF NOTICE OF REQUEST FOR WAIVER PURSUANT TO 75-20-304 (2) , MCA For a waiver to replace or relocate a facility or associated facility that has been damaged or destroyed as described in 75-20-304 (2) , MCA, the notice of request for waiver must contain the follo…

17.20.605 CONTENTS OF REQUEST FOR WAIVER OF REQUIREMENTS RELATING TO CONSIDERATION OF ALTERNATIVE SITES PURSUANT TO 75-20-304(3), MCA For a waiver of provisions described in 75-20-304(3), MCA, the request for waiver must contain information satisfying 75-20-304(3)(d), MCA, which …

17.20.606 DEPARTMENT ACTION ON REQUEST FOR WAIVER Within 90 days after receipt of the information required by ARM 17.20.603 or 17.20.605, the department shall give notice and set a date for a hearing. The department shall give notice and set a date for a hearing and render a deci…

17.20.607 CONTENT OF AN APPLICATION FOLLOWING RECEIPT OF WAIVER PURSUANT TO 75-20-304 (3) , MCA An application for a facility which has been granted a waiver pursuant to 75-20-304 (3) , MCA, must contain applicable information required by ARM 17.20.1418 for the preferred site onl…

17.20.701 PURPOSE OF NOTICE IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-214, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2410, Eff. 12/7/01.

17.20.702 CONTENT OF NOTICE OF INTENT IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-214, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2410, Eff. 12/7/01.

17.20.703 CHANGES OR ADDITIONS TO NOTICE IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-214, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2410, Eff. 12/7/01.

17.20.704 FILING FEE REDUCTION IS REPEALED Authorizing statute(s): 75-20-105, MCA Implementing statute(s): 75-20-214, MCA History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; REP, 2001 MAR p. 2410, Eff. 12/7/01.

17.20.801 REQUIREMENTS OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE BOARD OF ENVIRONMENTAL REVIEW An application must contain the information required by the department of environmental quality and the board of environmental review to determine compliance with applicable st…