2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-734. Voluntary cleanup plans -- requirements

75-10-734. Voluntary cleanup plans -- requirements.
(1) The department may only accept voluntary cleanup plans under 75-10-730 through 75-10-738 that are prepared by a qualified environmental professional. A qualified environmental professional is a person with education, training, and experience in preparing environmental studies and assessments.
(2) An environmental assessment described in this section must include the following information:
(a) the legal description of the facility and a map identifying the location and size of the facility and relevant features, such as property boundaries, surface topography, surface and subsurface structures, and utility lines;
(b) the physical characteristics of the facility and areas contiguous to the facility, including the location of any surface water bodies and ground water aquifers;
(c) the location of any wells located on the site or on areas within a one-half mile radius of the site and a description of the use of those wells;
(d) the current and reasonably anticipated future use of onsite ground and surface water;
(e) the operational history of the facility, including ownership, and the current use of the facility, including any readily available aerial photographs from within the state of Montana;
(f) the current and reasonably anticipated future uses of the facility and immediately adjacent properties;
(g) information on the methods and results of investigations concerning the nature and extent of any releases or threatened releases of hazardous or deleterious substances that have occurred at the facility and a map showing general areas and concentrations of hazardous or deleterious substances;
(h) any sampling results or other data that characterizes the soil, air, ground water, or surface water on the site;
(i) a description of the human and environmental exposure to releases or threatened releases of hazardous or deleterious substances at the facility based upon the current use of the facility and adjacent properties and any reasonably anticipated future uses of the facility; and
(j) readily available information on the environmental regulatory and compliance history of the facility, including all environmental permits.
(3) A remediation proposal must include the following information:
(a) a detailed description of the components of the remediation proposal, including, to the extent applicable:
(i) the proposed cleanup levels for the facility;
(ii) the manner in which the remediation plan satisfies the cleanup requirements of 75-10-721;
(iii) identification of sampling or treatability studies; and
(iv) a demonstration that exposures to risk affecting the public health, safety, and welfare and the environment at the facility will be substantially mitigated by the plan;
(b) a brief comparison of the remediation proposal to reasonable alternatives based on the remedy selection criteria specified in 75-10-721;
(c) a timetable for implementing the proposal and for any necessary monitoring of the facility after the proposed measures are completed;
(d) a statement that applicable health and safety regulations will be met during implementation of the remediation proposal;
(e) a description of how short-term disturbances during implementation of the remediation proposal will be minimized; and
(f) identification of any permits necessary to conduct the proposed remedies.
History: En. Sec. 8, Ch. 584, L. 1995.