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(1) The department shall enter into formal agreements with the regional administrator concerning procedures for the following actions:

(a) transmittal to the regional administrator copies of completed MPDES permit applications, tentative determinations and related documents concerning issuance or denial of MPDES permits;

(b) consideration by the department of all comments of the regional administrator concerning tentative determinations to issue or deny an MPDES permit;

(c) transmittal to the regional administrator copies of issued MPDES permits and related documents;

(d) transmittal to the department of all Refuse Act of 1899 (33 USC 401-413) applications and issued permits, NPDES applications, and issued permits, and all other relevant data collected by the regional administrator;

(e) consideration of confidentiality of information submitted by applicants in connection with MPDES, NPDES, or Refuse Act of 1899 (33 USC 401-413) permit applications or which may be furnished by the permittee in connection with required periodic reports; and

(f) specifications of additional monitoring, recording, and reporting procedures, if necessary to insure compliance with the federal regulations contained in or subsequent revisions to 40 CFR 124, subpart G.

(2) On the last day of the months of February, May, August, and November, the department shall transmit to the regional administrator a list of all instances, as of 30 days prior to the date of such report, of failure or refusal of a permittee to comply with an interim or final requirement or to notify the department of compliance or noncompliance with each interim or final requirement of a schedule of compliance. Such list must be available to the public for inspection and copying and must contain at least the following information with respect to each instance of noncompliance:

(a) name and address of each noncomplying permittee;

(b) a short description of each instance of noncompliance;

(c) a short description of any actions or proposed actions by the permittee or the department to comply or enforce compliance with the interim or final requirement; and

(d) any details which tend to explain or mitigate an instance of noncompliance with an interim or final requirement.

History: 75-5-304, MCA; IMP, 75-5-304, 75-5-401, MCA; NEW, 1989 MAR p. 2060, Eff. 12/8/89; TRANS, from DHES, 1996 MAR p. 1499.

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