Montana Administrative Code

17.4.607 GENERAL REQUIREMENTS OF THE ENVIRONMENTAL REVIEW PROCESS Section 75-1-201, MCA requires state agencies to integrate use of the natural and social sciences and the environmental design arts in planning and in decision-making, and to prepare a detailed statement (an EIS) o…

17.4.608 DETERMINING THE SIGNIFICANCE OF IMPACTS In order to implement 75-1-201, MCA, the agency shall determine the significance of impacts associated with a proposed action. This determination is the basis of the agency's decision concerning the need to prepare an EIS and also …

17.4.609 PREPARATION AND CONTENTS OF ENVIRONMENTAL ASSESSMENTS The agency shall prepare an EA, regardless of its length or the depth of analysis, in a manner which utilizes an interdisciplinary approach. The agency may initiate a process to determine the scope of issues to be add…

17.4.610 PUBLIC REVIEW OF ENVIRONMENTAL ASSESSMENTS 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 public …

17.4.615 DETERMINING THE SCOPE OF AN EIS Prior to the preparation of an EIS, the agency shall initiate a process to determine the scope of the EIS. To identify the scope of an EIS, the agency shall: invite the participation of affected federal, state, and local government agencie…

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

17.4.617 PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS If required by these rules, the agency shall prepare a draft environmental impact statement using an interdisciplinary approach and containing the following: a description of the proposed action, including…

17.4.618 ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL Depending upon the substantive comments received in response to the draft EIS, the draft statement may suffice. The agency shall determine whether to adopt the draft EIS within 30 days of the close of the comment …

17.4.619 PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT Except as provided in ARM 17.4.618, a final environmental impact statement must include: a summary of major conclusions and supporting information from the draft EIS and the responses to substantive comment…

17.4.620 TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS Following preparation of a draft EIS, the agency shall distribute copies to the governor, EQC, appropriate state and federal agencies, the applicant, if any, and persons who have requested copies. The listed…

17.4.621 SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS The agency shall prepare supplements to either draft or final environmental impact statements whenever: the agency or the applicant makes a substantial change in a proposed action; there are significant new circumstances, di…

17.4.625 ADOPTION OF AN EXISTING EIS The agency shall adopt as part of a draft EIS all or any part of the information, conclusions, comments, and responses to comments contained in an existing EIS that has been previously or is being concurrently prepared pursuant to MEPA or the …

17.4.626 INTERAGENCY COOPERATION Whenever it is the lead agency responsible for preparation of an EIS, the agency may: request the participation of other governmental agencies which have special expertise in areas that should be addressed in the EIS; allocate assignments, as appr…

17.4.627 JOINT ENVIRONMENTAL IMPACT STATEMENTS AND EA'S Whenever the agency and 1 or more other state agencies have jurisdiction over an applicant's proposal or major state actions that individually, collectively, or cumulatively require an EIS and another agency is clearly the l…

17.4.628 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW Whenever the agency is contemplating a series of agency-initiated actions, programs, or policies which in part or in total may constitute a major state action significantly affecting the human environment, i…

17.4.629 RECORD OF DECISION FOR ACTIONS REQUIRING ENVIRONMENTAL IMPACT STATEMENTS At the time of its decision concerning a proposed action for which an EIS was prepared, the agency shall prepare a concise public record of decision. The record, which may be integrated into any oth…

17.4.632 EMERGENCIES The agency may take or permit action having a significant impact on the quality of the human environment in an emergency situation without preparing an EIS. Within 30 days following initiation of the action, the agency shall notify the governor and the EQC as…

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

17.4.634 RESOLUTION OF STATUTORY CONFLICTS Whenever a conflicting provision of another state law prevents the agency from fully complying with these rules the agency shall notify the governor and the EQC of the nature of the conflict and shall suggest a proposed course of action …

17.4.635 CONTRACTS AND DISCLOSURE The agency may contract for preparation of an EIS or portions thereof. Whenever an EIS or portion thereof is prepared by a contractor, the agency shall furnish guidance and participate in the preparation, independently evaluate the statement or p…

17.4.636 PUBLIC HEARINGS Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release or legal notice to newspapers of general circulation in the area to be affected by the proposed action prior to the hearing. The news release or legal notice must …

17.4.701 FEES: DETERMINATION OF AUTHORITY TO IMPOSE 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 the …

17.4.702 FEES: DETERMINATION OF AMOUNT 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 amou…

17.4.703 USE OF FEE 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 additio…

17.4.720 FEE ASSESSMENT CATEGORIES: GENERAL REQUIREMENT 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 for …

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

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

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

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

17.4.725 DEPARTMENTAL ASSISTANCE TO APPLICANTS 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 estimated c…

17.4.801 APPLICABILITY 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 condition th…

17.4.802 DEFINITIONS For the purposes of this subchapter, the following definitions apply: "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. "Electronic record receiving syste…

17.4.803 USE OF ELECTRONIC RECORD RECEIVING SYSTEM 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 of a …

17.4.804 ELECTRONIC SUBSCRIBER AGREEMENT 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 thi…

17.4.805 VALID ELECTRONIC SIGNATURE 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. An authorized signatory may not allow another person to use…

17.4.806 EFFECT OF ELECTRONIC SIGNATURE 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. When an electron…

17.4.807 ENFORCEMENT If a person submitting an electronic record pursuant to this subchapter fails to comply with a requirement of this subchapter or a requirement of an electronic subscriber agreement, the person is subject to the same penalties or other remedies available for f…

17.40.101 COUNCIL ORGANIZATION The water and wastewater operators advisory council is described in ARM 17.1.101 of these rules. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, Eff. 12/5/75; AMD, 1983 MAR p. 1720, Eff. 11/26/83; TRANS, from…

17.40.201 DEFINITIONS In addition to the terms defined in 37-42-102, MCA: "Advanced or tertiary wastewater treatment" means additional treatment to remove suspended or dissolved substances remaining after conventional secondary wastewater treatment processes. Treatment may utiliz…

17.40.202 CLASSIFICATION OF SYSTEMS For operators certified prior to January 1, 2016, all water supply systems and wastewater systems are classified according to population served or type of treatment as shown below: Water distribution systems: Class 1--serving more than 20,000 p…

17.40.203 CERTIFICATION OF OPERATORS Certification must be granted to an applicant under the grandfather clause (37-42-303(2), MCA) if the applicant submits a statement from the governing board or owner of a water supply system or wastewater system stating the applicant was in re…

17.40.206 EXAMINATIONS A person desiring to take the examination for certification as a water supply or wastewater treatment system operator must complete the department's application form and return it to the department at least 30 days before the date of the examination. The pr…

17.40.207 EXPERIENCE AND EDUCATION An operator certified after June 30, 1991, must have graduated from high school or hold a GED certificate, unless the applicant submits a written application for a special exception from this requirement and the department grants the exception. …

17.40.208 CERTIFIED OPERATOR IN CHARGE OF SYSTEM; EXCEPTIONS Every water or wastewater treatment system must have an individual in responsible charge at the system site or on call at all times who can respond in a timely manner to threats to public or environmental health. Except…

17.40.212 FEES An applicant for certification shall pay to the department: for any classification level of water distribution or water treatment system, an application fee of $70, the payment of which entitles the applicant to take examinations for 12 months from the date of the …

17.40.213 CONTINUING EDUCATION REQUIREMENTS Each fully-certified operator and certified operator-in-training (hereafter collectively called "certified operators") shall earn a continuing education credit or credits, as specified in this rule, during each two-year period commencin…

17.40.214 DISCIPLINARY ACTIONS--DESCRIPTION OF GROUNDS-- PROCEDURES FOR REVOCATION OR SUSPENSION OF CERTIFICATE, AND REPRIMAND OF CERTIFIED OPERATOR The department may issue a written order imposing any of the disciplinary actions in (2) if the department determines that, as prov…

17.40.215 APPROVED TRAINING PROVIDERS To be approved as a training provider, the provider must first apply to the department for approval and demonstrate in writing, using the department's form, that: training is one of the provider's principal programs; the provider offers train…

17.40.301 PURPOSE The purpose of this subchapter is to implement the Water Pollution Control State Revolving Fund Act pursuant to Title 75, chapter 5, part 11, MCA, and sections 601 through 607 of the Federal Water Pollution Control Act, 33 USC 1381 through 1387, as amended. This…

17.40.302 DEFINITIONS In this subchapter, the following terms have the meanings indicated below, certain of which are supplemental to the definitions contained in 75-5-103 and 75-5-1102, MCA, and sections 601 through 607 of the Federal Water Pollution Control Act, 33 USC 1251 thr…