(1) At a facility for which an administrative or judicial order under 75-10-711, MCA, has been issued, a person not subject to that order may not conduct any remedial action at the facility that is subject to the order without the written permission of the department.

(2) When requesting permission, the person wishing to conduct the remedial action shall submit a work plan or other document request for such permission in writing to the department at least 30 calendar days in advance of the proposed start date for the remedial action. The document must include:

(a) a map or figure showing the location of the requested remedial action in relation to the facility boundary;

(b) a work plan that clearly states the objective of the remedial action;

(c) a description of the proposed remedial action;

(d) a description of whether investigation-derived waste including, but not limited to, drill cuttings, excavated soil, purge water, decontamination water, and personal protective equipment, will be generated and, if so, how the waste will be disposed;

(e) a description of any proposed laboratory analyses;

(f) if monitoring wells are proposed for installation, a statement that the wells will be constructed and later abandoned according to Montana regulations by a licensed well driller;

(g) a statement that an appropriate health and safety plan will be used for the work;

(h) provision of a summary report upon completion of the work to be submitted within a specified time after completion of the remedial action; and

(i) any other information required by the department.

(3) The department shall review the request and shall either provide permission or require revision to the document to ensure that:

(a) the proposed remedial action will not conflict with ongoing work at the facility;

(b) the proposed work, if conducted in the manner described in the document, will not spread, worsen, or otherwise exacerbate the contamination; and

(c) other relevant factors are considered by the department.

(4) The department's permission under this rule does not provide the right to access the property and the person wishing to conduct the remedial action is responsible for gaining permission to access any property necessary to conduct the work.

(5) The department's permission does not waive or otherwise alleviate the need to obtain permits that may be required to conduct the work.

(6) If the department provides written permission to conduct the work, the person conducting the work is responsible for ensuring that all work complies with applicable laws and regulations that may govern that work.

(7) If the department provides written permission to conduct the remedial action, the person conducting that action must notify the department of the date that the person is commencing the remedial action at least ten calendar days prior to the start of the remedial action and must provide the department with any further requested information including, but not limited to, a summary report upon completion of the work, laboratory data, log books, field notes, photographs, or other information.


History: 75-10-702, 75-10-704, MCA; IMP, 75-10-702, 75-10-704, 75-10-706, MCA; NEW, 2010 MAR p. 2346, Eff. 10/15/10.