For the purpose of this subchapter, the following definitions
apply, in addition to the definitions contained in 15-6-135, MCA:
(1) "Apportionment" means the
identification of the extent to which multi-purpose property, facilities,
machinery, devices or equipment are used for pollution control purposes.
(2) "DEQ" means the Montana department
of environmental quality.
(3) "DOR" means the Montana department
(4) "Substantial compliance" means
either full compliance with all applicable rules, laws, orders, or permit
conditions, or noncompliance with such requirements, provided that incidents of
noncompliance are isolated or casual, do not involve continuous acts or
patterns of noncompliance, and do not result in the initiation by DEQ of an
administrative or judicial enforcement action.
For purposes of this definition, issuance by DEQ of a citation or a
notice of violation, without an accompanying compliance or penalty order, does
not constitute the initiation of an enforcement action.
History: 15-6-135, MCA; IMP, 15-6-135, MCA; NEW, 1995 MAR p. 110, Eff. 1/27/95; TRANS, from DHES, 1996 MAR p. 2285.