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(1) Any person may request an inspection of any operation by furnishing the department with a signed statement, or an oral report followed by a signed statement, giving the department reason to believe that there exists a violation of the Act, the rules adopted pursuant thereto, or the permit or that there exists a condition or practice that creates an imminent danger to the public or that is causing or can be reasonably expected to cause a significant, imminent environmental harm to land, air, or water resources. The identity of any person supplying information to the department relating to a possible violation or imminent danger or harm must remain confidential with the department, if requested by that person, unless that person elects to accompany the inspector on the inspection.

(2) If the report or statement alleges facts that, if true, would constitute a prohibited condition, practice, or violation and states the basis upon which the facts are known or provides other corroborating evidence sufficient to give the department reason to believe that the prohibited condition, practice or violation exists, the department shall conduct an inspection to determine whether the condition, practice, or violation exists or existed. If the department conducts an inspection pursuant to (1) , it shall notify the person who requested the inspection as far in advance as practicable of when the inspection is to occur. The person who has provided the statement or report must be allowed to accompany the inspector. The person is under supervision and control of the inspector while within the permit area. The person does not have a right to enter buildings or structures without the consent of the person in control of the building or without a search warrant.

(3) Within ten days of the inspection, or if there is no inspection, within 15 days of receipt of the citizen's written statement, the department shall send the person and the alleged violator the following:

(a) if an inspection was made, a description of the enforcement action taken, or, if no enforcement action was taken, an explanation of why no enforcement action was taken and notice of the person's right to informal review;

(b) if no inspection was made, an explanation of the reason why and notice of the person's right to informal review.

(4) The department shall give copies of all materials in (3) within the time limits specified in that section to the person alleged to be in violation, except the name of the person supplying information must be removed unless disclosure of his or her identity is permitted under (1) .

History: 82-4-205, MCA; IMP, 82-4-221, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 2852.

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