(1) If after an
inspection the department determines that a facility in existance prior to
October 1, 1985 is not in compliance with the provisions in the Anhydrous
Ammonia Facility Safety Act or these rules and that noncompliance may
constitute a safety hazard then the department shall:
(a) notify the owner in writing that the facility is not in compliance and
that the noncompliance may constitute a safety hazard;
(b) provide the owner an opportunity for a hearing to determine if continued
noncompliance with the act constitutes a safety hazard.
(2) If following a hearing the department determines the facility
constitutes a safety hazard then the department shall notify the owner of the
determination and it may seek remedies provided in 80-10-303 MCA.