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(1) Except as provided in (6) of this rule, the department shall provide public notice of the department's tentative determination. The department shall mail the notice to:

(a) the applicant;

(b) federal, state, and local government agencies with jurisdiction over the location of the proposed discharge;

(c) affected states; and

(d) any person on request.

(2) In addition, the department shall publish a legal notice for 2 consecutive weeks on the department's web page. The department may include additional notice which may involve:

(a) posting in the post office and public places of the municipality nearest the premises of the proposed activity;

(b) posting near the entrance to the applicant's premises and in nearby places; or

(c) any other notice that the department considers reasonable to encourage public participation in the decision.

(3) Notice under (1) and (2) of this rule shall contain the information required under ARM 17.30.106(3).

(4) If there is significant public interest in a proposed action under this rule, the department shall set a public hearing, which must be scheduled not less than 30 days after the hearing has been given public notice pursuant to (1) and (2) of this rule.

(5) The deadline for written comment is 30 days from the date of issuance of the public notice pursuant to (1) and (2) or, if a public hearing is conducted pursuant to (4) of this rule, 14 days after the date of the hearing.

(6) The requirements of this section are met if an application for a permit under 33 USC 1344 is given public notice by the United States Army Corps of Engineers, the public notice contains a statement referencing the department's certification responsibility under section 401 of the federal Clean Water Act, 33 USC section 1341, and the department has received a complete application under ARM 17.30.103.

(7) The department shall make its final decision within a reasonable amount of time, not to exceed one year after the close of the comment period, as determined pursuant to (5), if the project requires public notice under 33 USC section 1344, as amended, within a reasonable amount of time, not to exceed one year after the close of the comment period set by the United States Army Corps of Engineers pursuant to (6).


History: 75-5-401, MCA; IMP, 75-5-402, MCA; NEW, 1991 MAR p. 2033, Eff. 11/1/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2018 MAR p. 2517, Eff. 12/22/18.

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