Montana Administrative Code

17.4.303 BASE PENALTY (1) As provided in this rule, the department shall calculate the base penalty by multiplying the maximum penalty amount authorized by statute by a factor from the appropriate base penalty matrix in (2) or (3). In order to select a matrix from (2) or (3), the…

17.4.304 ADJUSTED BASE PENALTY - CIRCUMSTANCES, GOOD FAITH AND COOPERATION, AMOUNTS VOLUNTARILY EXPENDED (1) As provided in this rule, the department may consider circumstances, good faith and cooperation, and amounts voluntarily expended to calculate an adjusted base penalty. Ci…

17.4.305 TOTAL ADJUSTED PENALTY - DAYS OF VIOLATION (1) The department may consider each day of each violation as a separate violation subject to penalties. The department may multiply the adjusted base penalty calculated under ARM 17.4.304 by the number of days of violation to o…

17.4.306 TOTAL PENALTY - HISTORY OF VIOLATION (1) As provided in this rule, the department may increase the total adjusted penalty based upon the violator's history of violation. Any penalty increases for history of violation must be added to the total adjusted penalty calculated…

17.4.307 ECONOMIC BENEFIT (1) The department may increase the total adjusted penalty, as calculated under ARM 17.4.305, by an amount based upon the violator's economic benefit. The department shall base any penalty increase for economic benefit on the department's estimate of the…

17.4.308 OTHER MATTERS AS JUSTICE MAY REQUIRE (1) The department may consider other matters as justice may require to increase or decrease the total penalty. Authorizing statute(s): 75-2-111, 75-2-112, 75-2-503, 75-5-201, 75-6-104, 75-10-204, 75-10-405, 75-10-503, 75-10-1202, 75-…

17.4.501 OPPORTUNITY FOR PUBLIC COMMENT AFTER APPLICATION RECEIVED (REPEALED) Authorizing statute(s): 75-2-111, 75-5-201, 75-20-105, MCA Implementing statute(s): 75-20-216(3), MCA History: NEW, 1980 MAR p. 3114, Eff. 12/27/80; AMD, 1981 MAR p. 1100, Eff. 10/1/81; TRANS, from DHES…

17.4.502 PUBLIC HEARING AFTER PRELIMINARY DECISION (REPEALED) Authorizing statute(s): 75-2-111, 75-5-201, 75-20-105, MCA Implementing statute(s): 75-20-216(3), 75-20-231, MCA History: NEW, 1980 MAR p. 3114, Eff. 12/27/80; AMD, 1981 MAR p. 1100, Eff. 10/1/81; TRANS, from DHES, 199…

17.4.601 PURPOSE AND PROCEDURAL POLICY (1) The purpose of these rules is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA), through the establishment of administrative procedures. In order to fulfill the stated policy of that act, the Department o…

17.4.602 POLICY STATEMENT CONCERNING MEPA RULES (REPEALED) (REPEALED) Authorizing statute(s): 2-3-103, 2-4-201, MCA Implementing statute(s): 2-3-104, 75-1-201, MCA History: NEW, 1989 MAR p. 226, Eff. 1/27/89; TRANS, from DHES, 1996 MAR p. 1497; REP, 2026 MAR, Notice No. 2026-36, …

17.4.603 DEFINITIONS (1) "Agency" means the Department of Environmental Quality. (2) "Alternative" means: (a) any of the following: (i) an alternate approach or course of action that would substantially accomplish the same objectives or results as the proposed action; (ii) design…

17.4.607 GENERAL REQUIREMENTS OF THE ENVIRONMENTAL REVIEW PROCESS Section 75-1-201, MCA requires state agencies to use an interdisciplinary approach and relevant scientific and technical information in planning and decision-making, and to prepare a detailed written statement (an …

17.4.608 DETERMINING THE SIGNIFICANCE OF IMPACTS (1) In order to implement 75-1-201, MCA, the agency shall determine the significance of the proximate environmental impacts of the proposed action. This determination is the basis for deciding whether to prepare an EIS and for eval…

17.4.609 PREPARATION AND CONTENTS OF ENVIRONMENTAL ASSESSMENTS (1) The agency shall prepare an EA, regardless of its length or the depth of analysis, using an interdisciplinary approach. The agency may determine the scope of issues to be addressed in an EA and when it does so, it…

17.4.610 PUBLIC REVIEW OF ENVIRONMENTAL ASSESSMENTS (1) The level of analysis in an EA will vary with the complexity and seriousness of environmental issues associated with a proposed action. The level of public interest will also vary. The agency is responsible for adjusting pub…

17.4.615 DETERMINING THE SCOPE OF AN EIS (1) Prior to preparing an EIS, the agency shall initiate a process to determine the scope of the EIS. This scoping process is an early effort to identify the issues, alternatives, and information that will be addressed in the EIS. (2) To i…

17.4.616 ENVIRONMENTAL IMPACT STATEMENTS--GENERAL REQUIREMENTS The following apply to the design and preparation of EISs: (1) The agency shall prepare EISs that are analytic rather than encyclopedic. (2) The agency shall discuss the impacts of a proposed action in a level of deta…

17.4.617 PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS If required by these rules, a draft EIS must include: (1) a description of the proposed action, including its purpose and benefits; (2) a list of any state, local, or federal agencies that have overlapping…

17.4.618 ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL (1) Depending upon the substantive comments received in response to a draft EIS, the draft statement may suffice as the final EIS. The agency shall determine whether to adopt the draft EIS within 30 days after the…

17.4.619 PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT Except as provided in ARM 17.4.618, a final EIS must include: (1) a summary of the major conclusions and supporting information from the draft EA or EIS and the responses to substantive comments on the draf…

17.4.620 TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS (1) Following preparation of a draft EIS, the agency shall distribute copies to the governor, Environmental Quality Council, appropriate local, state, and federal agencies, tribal governments in Montana, the…

17.4.621 SUPPLEMENTS TO AN ENVIRONMENTAL REVIEW (1) The agency shall prepare a supplement to a draft or final EA or EIS whenever: (a) the agency or the applicant makes a substantial change in the proposed action; (b) there are significant new circumstances, discovered before the …

17.4.625 ADOPTION OF AN EXISTING ENVIRONMENTAL REVIEW (1) The agency shall adopt, as part of a draft EA or EIS, all or any part of the information, conclusions, comments, and responses to comments contained in an existing EA or EIS that has been previously or is being concurrentl…

17.4.626 INTERAGENCY COOPERATION (1) Whenever it is the lead agency responsible for preparing an EIS, the agency may: (a) request the participation of other governmental agencies that have special expertise in areas that should be addressed in the EIS; (b) allocate appropriate as…

17.4.627 JOINT ENVIRONMENTAL REVIEW (1) Whenever the agency and one or more other state agencies have jurisdiction over an applicant's proposal or proposed actions that individually, collectively, or cumulatively require an EIS and another agency is clearly the lead agency, the a…

17.4.628 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW (1) Whenever the agency is contemplating a series of agency-initiated actions, programs, or policies that, in part or in total, may constitute a proposed action significantly affecting the Montana environmen…

17.4.629 RECORD OF DECISION FOR ACTIONS REQUIRING ENVIRONMENTAL IMPACT STATEMENTS (1) When making a decision on a proposed action for which an EIS was prepared, the agency shall prepare a concise public record of decision. There is no prescribed format for a record of decision, e…

17.4.632 EMERGENCIES (1) The agency may take or permit action having a significant impact on the quality of the Montana environment in an emergency situation without preparing an EIS. Within 30 days after initiating the action, the agency shall notify the Governor and the Environ…

17.4.633 CONFIDENTIALITY (1) Information declared confidential by state law or by court order must be excluded from an EA and EIS. The agency shall briefly state the general topic of any confidential information that is excluded. Authorizing statute(s): 2-3-103, 2-4-201, MCA Impl…

17.4.634 RESOLUTION OF STATUTORY CONFLICTS (1) Whenever a conflicting provision of another state law prevents the agency from fully complying with these rules, the agency shall comply to the fullest extent possible with the provisions of MEPA and use other available methods of pu…

17.4.635 CONTRACTS AND DISCLOSURE (1) The agency may contract for preparation of an EIS or portions of an EIS. Whenever an EIS or a portion of an EIS is prepared by a contractor, the agency shall provide guidance and participate in the preparation, independently evaluate the stat…

17.4.636 PUBLIC MEETINGS (1) When the agency holds a public meeting on an EIS or an EA, it shall issue a news release or legal notice to newspapers of general circulation in the area to be affected by the proposed action before the meeting. The news release or legal notice must a…

17.4.701 FEES: DETERMINATION OF AUTHORITY TO IMPOSE (1) Whenever an application for a lease, permit, contract, license or certificate is expected to result in the agency incurring expenses in excess of $2,500 to compile an EIS, the applicant is required to pay a fee in an amount …

17.4.702 FEES: DETERMINATION OF AMOUNT (1) After receipt of the applicant's estimated cost of the project and analysis of an agency's preliminary estimate of the cost of acquiring information and data for the EIS, the agency shall notify the applicant within 15 days of the final …

17.4.703 USE OF FEE (1) The fee assessed hereunder may only be used to gather data and information necessary to compile an EIS. No fee may be assessed if an agency intends only to compile an EA or a programmatic review. If a department collects a fee and later determines that add…

17.4.720 FEE ASSESSMENT CATEGORIES: GENERAL REQUIREMENT (1) The overall estimated cost of a project submitted by the applicant, as required by this rule shall include an itemized list of related costs showing the various component cost breakdown and how the costs were calculated …

17.4.721 FEE ASSESSMENT CATEGORIES: HARD ROCK The Hard Rock Act fee assessment categories are as follows: (1) Exploration related categories, include, but are not limited to: access rights; land acquisition; application information and preparation; bonding; license fees; resource…

17.4.722 FEE ASSESSMENT CATEGORIES: OPEN CUT The Open Cut Mining Act categories are as follows: (1) Costs associated with mining, include but are not limited to: pre-mining activities; access rights; land acquisition; application information and preparation; contract fees; resour…

17.4.723 FEE ASSESSMENT CATEGORIES: STRIP AND UNDERGROUND MINE SITING The Strip and Underground Mine Siting Act categories are as follows: (1) Costs associated with the siting of facilities include but are not limited to: land acquisition; construction and other disturbance activ…

17.4.724 FEE ASSESSMENT CATEGORIES: STRIP AND UNDERGROUND MINE RECLAMATION The Strip and Underground Mine Reclamation Act categories are as follows: (1) Prospecting categories, include, but are not limited to: access rights; land acquisition; application information and preparati…

17.4.725 DEPARTMENTAL ASSISTANCE TO APPLICANTS (1) The department will make every effort to assist the applicant in preparing an estimated cost of a project. Furthermore, the department will make appropriate personnel available to the applicant to discuss the department's estimat…

17.4.801 APPLICABILITY (1) The rules in this subchapter apply to a person who submits electronic documents to the department, or to the U.S. Environmental Protection Agency (EPA), pursuant to a specific rule of the department or pursuant to a department permit or license conditio…

17.4.802 DEFINITIONS (1) For the purposes of this subchapter, the following definitions apply: (a) "Electronic record" means any electronic record, as defined in 30-18-102, MCA, that is submitted to the department or to EPA, pursuant to this subchapter. (b) "Electronic record rec…

17.4.803 USE OF ELECTRONIC RECORD RECEIVING SYSTEM (1) If the department has adopted a rule, or, if the department has issued a permit or license that includes a provision or condition allowing submission of an electronic record pursuant to this subchapter in lieu of submission o…

17.4.804 ELECTRONIC SUBSCRIBER AGREEMENT (1) Before submitting an electronic record pursuant to a specific rule of the department or a department permit or license condition that allows submission of electronic records in lieu of paper documents and that requires conformance with…

17.4.805 VALID ELECTRONIC SIGNATURE (1) When a person uses an electronic signature device to create the person's electronic signature, the code or mechanism must be unique to that person at the time the signature is created. (2) An authorized signatory may not allow another perso…

17.4.806 EFFECT OF ELECTRONIC SIGNATURE (1) The presence of an electronic signature on an electronic record submitted pursuant to this subchapter establishes that the signatory intended to sign the electronic record and submit it to fulfill the purpose of the record. (2) When an …