AND CONSERVATION OF THE STATE OF MONTANA
NOTICE OF REPEAL, AMENDMENT, AND ADOPTION
To: All Concerned Persons
1. On June 21, 2012, the Department of Natural Resources and Conservation published MAR Notice No. 36-22-167 regarding a notice of public hearing on the proposed repeal, amendment, and adoption of the above-stated rules at page 1234 of the 2012 Montana Administrative Register, Issue No. 12.
2. The department has repealed ARM 36.14.102, 36.14.103, 36.14.105, and 36.14.801 as proposed.
3. The department has amended ARM 36.14.101, 36.14.203, 36.14.204, 36.14.206 through 36.14.208, 36.14.301, 36.14.401, 36.14.402, 36.14.803 as proposed.
4. The department has adopted New Rule I (36.14.209) as proposed.
5. The department has amended ARM 36.14.201 as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:
36.14.201 WHO HAS TO APPLY FOR HAZARD DETERMINATION
(1) remains as proposed.
(a) Dams already classified as high-hazard are not required to reapply for a hazard determination.
This requirement applies even if the department performed a hazard determination on previous construction to the dam or reservoir and found it not to be a high-hazard dam.
(2) remains as proposed.
(a) wastewater pond dams that are subject to regulation under the Department of Environmental Quality (DEQ) and will be constructed according to DEQ regulations;
(b) through (f) remain as proposed.
AUTH: 85-15-110, MCA
IMP: 85-15-106, MCA
6. In addition to the amendments referenced in the comments and responses below, the department has amended ARM 36.14.201(1)(a) to clarify the original intent of the amendment, which was that the owner of a dam that has already been classified as high-hazard would not need to apply for a hazard classification.
7. The department has thoroughly considered the comments received. A summary of the comments received and the department's responses are as follows:
COMMENT 1: Several commenters expressed their support or stated they had no comment on the proposed changes.
RESPONSE 1: DNRC thanks the commenters for their input.
COMMENT 2: Commenter noted that there are older wastewater pond dams that were not constructed under current DEQ rules. It may be necessary for DNRC to complete a classification.
RESPONSE 2: DNRC agrees and ARM 36.14.201(2)(a) has been amended to clarify that dams must be constructed under DEQ regulations.
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
/s/ Mary Sexton /s/ Fred Robinson
MARY SEXTON FRED ROBINSON
Director Rule Reviewer
Natural Resources and Conservation
Certified to the Secretary of September 10, 2012.