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17.38.602    DEFINITIONS

Unless the context clearly states otherwise, the following definitions, in addition to those in 75-6-102 , MCA, and ARM 17.38.202 apply throughout this subchapter.

(1) "Act" means Title 75, chapter 6, part 1, MCA.

(2) "Class I violation" means a violation of the act or regulations requiring an immediate action or response by a person because of the health risk involved. These violations include, but are not limited to, the following:

(a) failure to act in the best interest of public health in an emergency situation, including, but not limited to, disease outbreaks, spills, tampering and treatment facility failures;

(b) failure to provide continuous disinfection when continuous disinfection has been required by the department; and

(c) failure to respond to nitrate, total coliform, turbidity, or other MCL violations that pose an acute risk to public health, including check sampling, and public notification.

(3) "Class II violation" means any violation determined by the department not to be a Class I violation.

(4) "Consent order" means a legally binding agreement signed by a person and the director or designee, whereby correction of recorded violations may be scheduled and penalties may be established for failure to comply within the time scheduled for compliance. Penalties for recorded past violations may also be included in the agreement.

(5) "Designee" means an employee of the department who has been authorized by the director to issue orders under this subchapter.

(6) "Director" means the director of the department.

(7) "Fees" means the annual assessment of fees for public water supply systems and fees assessed for the review of plans and specifications submitted to the department, as provided by 75-6-108 , MCA.

(8) "Final order" means an order of the department issued or in force pursuant to 75-6-109 , MCA, the recipient of which has failed to exercise within 30 days its right to a hearing before the board or has waived such right, or has exercised such right to a hearing, following which the board has issued a final order either affirming or modifying the department's order.

(9) "Order" means a written direction issued by the department to a person to take an action or series of actions to comply with a provision of the act or rules implementing the act, within a time established under the order and which may include a penalty assessment.

(10) "Person" is defined in 75-6-102 , MCA, and includes a certified operator or any authorized agents of or contractors to any entity defined as a person.

(11) "Violation letter" means a letter sent by the department pursuant to 75-6-110 (2) , MCA, to notify persons that they are in violation of the act, rules implementing the act, a condition of approval, or an order of the department, and to describe the actions and a timetable necessary to return to compliance. A violation letter does not constitute a final action by the department and does not create a right to a contested case appeal.

History: 75-6-103, MCA; IMP, 75-6-109, MCA; NEW, 1995 MAR p. 282, Eff. 2/10/95; TRANS, from DHES, 1996 MAR p. 1499; TRANS, from 17.36.1102, 1998 MAR p. 2754, Eff. 10/9/98; AMD, 2003 MAR p. 2291, Eff. 10/17/03.

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