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(1) Within one month after an application is received pursuant to 75-20-216, MCA, the department shall publish notice of the following:

(a) the name and address of the applicant; a general description of the size, purpose and pollutants discharged from the proposed facility; solid or hazardous wastes generated; any other aspects of the proposed facility which require a permit or license from the department; and the location of any alternative sites;

(b) if an MPDES permit must be obtained, the name of the state water receiving the discharge, a brief description of the discharge's location, and whether the discharge is new or existing;

(c) that the department will accept written public comment on the application;

(d) the deadlines by which the above comments must be submitted, which must be no less than 30 days after the date the notice is first published in a legal advertisement pursuant to (2) (a) below;

(e) the name, address and phone number of the department and the person within each bureau from whom information on the application may be obtained;

(f) the name and address of the person to whom comments may be submitted;

(g) the fact that a public hearing will be held after a preliminary decision to grant or deny the relevant permits is made.

(2) Notice of the opportunity for public comment described in (1) of this rule must be published as follows:

(a) publishing legal notice two times within two weeks in a newspaper of general circulation in Butte, Missoula, Helena, Great Falls, Miles City, Kalispell, and Billings, and in a newspaper of general circulation within 50 miles of the site of the proposed facility and any alternative site;

(b) submitting the notice to a state-wide wire service;

(c) mailing to any person, group, or agency upon written request, and to the following state agencies:

(i) environmental quality council;

(ii) department of public service regulation;

(iii) department of fish, wildlife and parks;

(iv) department of natural resources and conservation;

(v) department of commerce;

(vi) department of transportation; and

(vii) department of revenue.


History: 75-2-111, 75-5-201, 75-20-105, MCA; IMP, 75-20-216(3), MCA; NEW, 1980 MAR p. 3114, Eff. 12/27/80; AMD, 1981 MAR p. 1100, Eff. 10/1/81; TRANS, from DHES, 1996 MAR p. 1497; AMD, 2001 MAR p. 2410, Eff. 12/7/01.

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