(1) The department may list a facility on the CECRA priority list if the department determines there is a confirmed release or substantial threat of a release of a hazardous or deleterious substance that may pose an imminent and substantial threat to public health, safety, or welfare or the environment.

(2) Prior to listing a facility on the CECRA priority list, the department shall provide the opportunity for public comment, as follows:

(a) The department shall publish a notice of the proposed listing and a description of the nature and severity of the threat in a daily newspaper of general circulation in the county where the community most likely to be threatened by the facility that is proposed for listing is located.

(b) The notice must provide 30 days for submission of written comments to the department regarding the proposed listing.

(c) The department shall notify the county commissioners, local boards of health created pursuant to 50-2-104 through 50-2-107 , MCA, and governing bodies of cities, towns, and consolidated local governments in the community most likely to be threatened by the facility that is proposed for listing.

(d) The department may conduct a public meeting in the community most likely to be threatened by the facility that is proposed for listing without a specific request for such meeting.

(e) The department shall conduct a public meeting in the community most likely to be threatened by the facility that is proposed for listing upon written request within the comment period by 10 or more persons, by a group composed of 10 or more members, or by a governing body of a city, town, or county.

(f) The department shall consider and respond in writing to relevant written comments properly submitted during the comment period or at the public meeting.

(3) If the department lists a facility on the CECRA priority list and remedial actions to address the release or threatened release of hazardous or deleterious substances at the facility are required by another state program, the department shall provide a written rationale for listing the facility on the CECRA priority list. The department shall place this document in a facility file maintained by the department.

(4) Any person may submit a request to the department to list a facility on the priority list. The request must be in writing and contain the rationale for the proposed listing and documentation or confirmation of the release or threat of a release. If the department determines listing may be appropriate, compliance with the provisions of this rule is required.