Montana Administrative Register Notice 17-301 No. 3   02/11/2010    
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In the matter of the amendment of ARM 17.40.206 pertaining to examinations










            TO:  All Concerned Persons


            1.  On March 10, 2010, at 1:30 p.m., the Department of Environmental Quality will hold a public hearing in Room 136/137, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.


            2.  The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, please contact Elois Johnson, Paralegal, no later than 5:00 p.m., February 22, 2010, to advise us of the nature of the accommodation that you need.  Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.


            3.  The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:


            17.40.206  EXAMINATIONS  (1)  A person desiring to take the examination for certification as a water supply or wastewater treatment system operator must complete the department's application form and return it to the department at least 15 30 days before the date of the next examination.  The proper fee, as determined under ARM 17.40.212, must accompany the application.  Upon department approval, the applicant may take the examination.

            (2) through (9) remain the same.


            AUTH:  37-42-202, MCA

            IMP:  37-42-201, 37-42-301, 37-42-305, 37-42-306, MCA


            REASON:  The proposed amendment would require that applications to take an operator certification examination be submitted to the department at least 30 days before the examination.  The current rule requires that applications be submitted at least 15 days in advance.  The proposed amendment is necessary to allow the department adequate time to process applications and to provide a sufficient interval between repeat examinations.


            4.  Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing.  Written data, views, or arguments may also be submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to ejohnson@mt.gov, no later than March 11, 2010.  To be guaranteed consideration, mailed comments must be postmarked on or before that date.


            5.  Carol Schmidt, attorney, has been designated to preside over and conduct the hearing.


            6.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supplies; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; e-mailed to ejohnson@mt.gov; or may be made by completing a request form at any rules hearing held by the department.


            7.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


Reviewed by:                                     DEPARTMENT OF ENVIRONMENTAL





/s/ James M. Madden                         BY:  /s/ Richard H. Opper                        

JAMES M. MADDEN                                   RICHARD H. OPPER, Director

Rule Reviewer


            Certified to the Secretary of State, February 1, 2010.


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