reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.608 - DETERMINING THE SIGNIFICANCE OF IMPACTS

Current through Register Vol. 13, July 5, 2024
(1) In
				order to implement
				75-1-201, MCA, the agency shall
				determine the significance of impacts associated with a proposed action. This
				determination is the basis of the agency's decision concerning the need to
				prepare an EIS and also refers to the agency's evaluation of individual and
				cumulative impacts in either EAs or EISs. The agency shall consider the
				following criteria in determining the significance of each impact on the
				quality of the human environment:
(a) the
				severity, duration, geographic extent, and frequency of occurrence of the
				impact;
(b) the probability that
				the impact will occur if the proposed action occurs; or conversely, reasonable
				assurance in keeping with the potential severity of an impact that the impact
				will not occur;
(c) growth-inducing
				or growth-inhibiting aspects of the impact, including the relationship or
				contribution of the impact to cumulative impacts;
(d) the quantity and quality of each
				environmental resource or value that would be affected, including the
				uniqueness and fragility of those resources or values;
(e) the importance to the state and to
				society of each environmental resource or value that would be
				affected;
(f) any precedent that
				would be set as a result of an impact of the proposed action that would commit
				the department to future actions with significant impacts or a decision in
				principle about such future actions; and
(g) potential conflict with local, state, or
				federal laws, requirements, or formal plans.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.609 - PREPARATION AND CONTENTS OF ENVIRONMENTAL ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1) The agency shall prepare an EA,
				regardless of its length or the depth of analysis, in a manner which utilizes
				an interdisciplinary approach. The agency may initiate a process to determine
				the scope of issues to be addressed in an EA. Whenever the agency elects to
				initiate this process, it shall follow the procedures contained in ARM
				17.4.615.
(2) For a routine action with limited
				environmental impact, the contents of an EA may be reflected on a standard
				checklist format. At the other extreme, whenever an action is one that might
				normally require an EIS, but effects that otherwise might be deemed significant
				are mitigated in project design or by controls imposed by the agency, the
				analysis, format, and content must all be more substantial. The agency shall
				prepare the evaluations and present the information described in (3) of this
				rule as applicable and in a level of detail appropriate to the following
				considerations:
(a) the complexity of the
				proposed action;
(b) the
				environmental sensitivity of the area affected by the proposed
				action;
(c) the degree of
				uncertainty that the proposed action will have a significant impact on the
				quality of the human environment;
(d) the need for and complexity of mitigation
				required to avoid the presence of significant impacts.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.610 - PUBLIC REVIEW OF ENVIRONMENTAL ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The level of analysis in an EA will vary with the complexity and seriousness of
				environmental issues associated with a proposed action. The level of public
				interest will also vary. The agency is responsible for adjusting public review
				to match these factors.
(2) An EA
				is a public document and may be inspected upon request. Any person may obtain a
				copy of an EA by making a request to the agency. If the document is
				out-of-print, a copying charge may be levied.
(3) The agency is responsible for providing
				additional opportunities for public review consistent with the seriousness and
				complexity of the environmental issues associated with a proposed action and
				the level of public interest. Methods of accomplishing public review include
				publishing a news release or legal notice to announce the availability of an
				EA, summarizing its content and soliciting public comment; holding public
				meetings or hearings; maintaining mailing lists of persons interested in a
				particular action or type of action and notifying them of the availability of
				EAs on such actions; and distributing copies of EAs for review and
				comment.
(4) For an action with
				limited environmental impact and little public interest, no further public
				review may be warranted. However, where an action is one that normally requires
				an EIS, but effects that otherwise might be deemed significant are mitigated in
				the project proposal or by controls imposed by the agency, public involvement
				must include the opportunity for public comment, a public meeting or hearing,
				and adequate notice. The agency is responsible for determining appropriate
				methods to ensure adequate public review on a case by case basis.
(5) The agency shall maintain a log of all
				EAs completed by the agency and shall submit a list of any new EAs completed to
				the office of the governor and the environmental quality council on a quarterly
				basis. In addition, the agency shall submit a copy of each completed EA to the
				EQC.
(6) The agency shall consider
				the substantive comments received in response to an EA and proceed in
				accordance with one of the following steps, as appropriate:
(a) determine that an EIS is
				necessary;
(b) determine that the
				EA did not adequately reflect the issues raised by the proposed action and
				issue a revised document; or
(c)
				determine that an EIS is not necessary and make a final decision on the
				proposed action, with appropriate modification resulting from the analysis in
				the EA and analysis of public comment.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.615 - DETERMINING THE SCOPE OF AN EIS

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				the preparation of an EIS, the agency shall initiate a process to determine the
				scope of the EIS.
(2) To identify
				the scope of an EIS, the agency shall:
(a)
				invite the participation of affected federal, state, and local government
				agencies, Indian tribes, the applicant, if any, and interested persons or
				groups;
(b) identify the issues
				related to the proposed action that are likely to involve significant impacts
				and that will be analyzed in depth in the EIS;
(c) identify the issues that are not likely
				to involve significant impacts, thereby indicating that unless unanticipated
				effects are discovered during the preparation of the EIS, the discussion of
				these issues in the EIS will be limited to a brief presentation of the reasons
				they will not significantly affect the quality of the human environment;
				and
(d) identify those issues that
				have been adequately addressed by prior environmental review, thereby
				indicating that the discussion of these issues in the EIS will be limited to a
				summary and reference to their coverage elsewhere; and
(e) identify possible alternatives to be
				considered.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.616 - ENVIRONMENTAL IMPACT STATEMENTS-GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
The following apply to the design and preparation of
				  EISs:
(1) The agency shall prepare
				EISs that are analytic rather than encyclopedic.
(2) The agency shall discuss the impacts of a
				proposed action in a level of detail that is proportionate to their
				significance. For other than significant issues, an EIS need only include
				enough discussion to show why more study is not warranted.
(3) The agency shall prepare with each draft
				and final EIS a brief summary that is available for distribution separate from
				the EIS. The summary must describe:
(a) the
				proposed action being evaluated by the EIS, the impacts, and the
				alternatives;
(b) areas of
				controversy and major conclusions;
(c) the tradeoffs among the alternatives;
				and
(d) the agency's preferred
				alternative, if any.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.617 - PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
If required by these rules, the agency shall prepare a draft
				  environmental impact statement using an interdisciplinary approach and
				  containing the following:
(1) a
				description of the proposed action, including its purpose and
				benefits;
(2) a listing of any
				state, local, or federal agencies that have overlapping or additional
				jurisdiction and a description of their responsibility for the proposed
				action;
(3) a description of the
				current environmental conditions in the area affected by the proposed action or
				alternatives, including maps and charts, whenever appropriate. The description
				must be no longer than is necessary to understand the effects of the action and
				alternatives. Data analysis must be commensurate with the importance of the
				impact with less important material summarized, consolidated, or simply
				referenced;
(4) a description of
				the impacts on the quality of the human environment of the proposed action
				including:
(a) the factors listed in ARM
				17.4.609(3) (d) and
				(e), whenever appropriate;
(b) primary, secondary, and cumulative
				impacts;
(c) potential
				growth-inducing or growth-inhibiting impacts;
(d) irreversible and irretrievable
				commitments of environmental resources, including land, air, water and
				energy;
(e) economic and
				environmental benefits and costs of the proposed action; and
(f) the relationship between local short-term
				uses of man's environment and the effect on maintenance and enhancement of the
				long-term productivity of the environment. When a cost-benefit analysis is
				prepared by the agency prior to the preparation of the draft EIS, it shall be
				incorporated by reference in or appended to the EIS;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.618 - ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL

Current through Register Vol. 13, July 5, 2024
(1) Depending upon the substantive comments
				received in response to the draft EIS, the draft statement may suffice. The
				agency shall determine whether to adopt the draft EIS within 30 days of the
				close of the comment period on the draft EIS.
(2) In the event the agency determines to
				adopt the draft EIS, the agency shall notify the governor, the environmental
				quality council, the applicant, if any, and all commenters of its decision and
				provide a statement describing its proposed course of action. This notification
				must be accompanied by a copy of all comments or a summary of a representative
				sample of comments received in response to the draft statement, together with,
				at minimum, an explanation of why the issues raised do not warrant the
				preparation of a final EIS.
(3) The
				agency shall provide public notice of its decision to adopt the draft EIS as a
				final EIS.
(4) If the agency
				decides to adopt the draft EIS as the final EIS, it may make a final decision
				on the proposed action no sooner than 15 days after complying with (1) through
				(3) of this rule.
2-3-103,
					 2-4-201, MCA; IMP,
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.619 - PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT

Current through Register Vol. 13, July 5, 2024
Except as provided in ARM
				  17.4.618, a final environmental
				  impact statement must include:
(1) a
				summary of major conclusions and supporting information from the draft EIS and
				the responses to substantive comments received on the draft EIS, stating
				specifically where such conclusions and information were changed from those
				which appeared in the draft;
(2) a
				list of all sources of written and oral comments on the draft EIS, including
				those obtained at public hearings, and, unless impractical, the text of
				comments received by the agency (in all cases, a representative sample of
				comments must be included) ;
(3)
				the agency's responses to substantive comments, including an evaluation of the
				comments received and disposition of the issues involved;
(4) data, information, and explanations
				obtained subsequent to circulation of the draft; and
(5) the agency's recommendation, preferred
				alternative, or proposed decision together with an explanation of the reasons
				therefor.
2-3-103,
					 2-4-201, MCA; IMP,
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.620 - TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Following preparation of a draft EIS, the
				agency shall distribute copies to the governor, EQC, appropriate state and
				federal agencies, the applicant, if any, and persons who have requested
				copies.
(2) The listed transmittal
				date to the governor and the EQC must not be earlier than the date that the
				draft EIS is mailed to other agencies, organizations, and individuals. The
				agency shall allow 30 days for reply, provided that the agency may extend this
				period up to an additional 30 days at its discretion or upon application of any
				person for good cause. When preparing a joint EIS with a federal agency or
				agencies, the agency may also extend this period in accordance with time
				periods specified in regulations that implement the National Environmental
				Policy Act. However, no extension which is otherwise prohibited by law may be
				granted.
(3) In cases involving an
				applicant, after the period for comment on the draft EIS has expired, the
				agency shall send to the applicant a copy of all written comments that were
				received. The agency shall advise the applicant that he has a reasonable time
				to respond in writing to the comments received by the agency on the draft EIS
				and that the applicant's written response must be received before a final EIS
				can be prepared and circulated. The applicant may waive his right to respond to
				the comments on the draft EIS.
(4)
				Following preparation of a final EIS, the agency shall distribute copies to the
				governor, EQC, appropriate state and federal agencies, the applicant, if any,
				persons who submitted comments on or received a copy of the draft EIS, and
				other members of the public upon request.
(5) Except as provided by ARM
				17.4.618(4), a
				final decision must not be made on the proposed action being evaluated in a
				final EIS until 15 days have expired from the date of transmittal of the final
				EIS to the governor and EQC. The listed transmittal date to the governor and
				EQC must not be earlier than the date that the final EIS is mailed to other
				agencies, organizations, and individuals.
(6) All written comments received on an EIS,
				including written responses received from the applicant, must be made available
				to the public upon request.
(7)
				Until the agency reaches its final decision on the proposed action, no action
				concerning the proposal may be taken that would:
(a) have an adverse environmental impact;
				or
(b) limit the choice of
				reasonable alternatives, including the no-action alternative.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.621 - SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The agency shall prepare supplements to
				either draft or final environmental impact statements whenever:
(a) the agency or the applicant makes a
				substantial change in a proposed action;
(b) there are significant new circumstances,
				discovered prior to final agency decision, including information bearing on the
				proposed action or its impacts that change the basis for the decision;
				or
(c) following preparation of a
				draft EIS and prior to completion of a final EIS, the agency determines that
				there is a need for substantial, additional information to evaluate the impacts
				of a proposed action or reasonable alternatives.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.625 - ADOPTION OF AN EXISTING EIS

Current through Register Vol. 13, July 5, 2024
(1) The agency
				shall adopt as part of a draft EIS all or any part of the information,
				conclusions, comments, and responses to comments contained in an existing EIS
				that has been previously or is being concurrently prepared pursuant to MEPA or
				the National Environmental Policy Act if the agency determines:
(a) that the existing EIS covers an action
				paralleling or closely related to the action proposed by the agency or the
				applicant;
(b) on the basis of its
				own independent evaluation, that the information contained in the existing EIS
				has been accurately presented; and
(c) that the information contained in the
				existing EIS is applicable to the action currently being considered.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.626 - INTERAGENCY COOPERATION

Current through Register Vol. 13, July 5, 2024
(1) Whenever it is
				the lead agency responsible for preparation of an EIS, the agency may:
(a) request the participation of other
				governmental agencies which have special expertise in areas that should be
				addressed in the EIS;
(b) allocate
				assignments, as appropriate, for the preparation of the EIS among other
				participating agencies; and
(c)
				coordinate the efforts of all affected agencies.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.627 - JOINT ENVIRONMENTAL IMPACT STATEMENTS AND EA'S

Current through Register Vol. 13, July 5, 2024
(1) Whenever the agency and 1 or more other
				state agencies have jurisdiction over an applicant's proposal or major state
				actions that individually, collectively, or cumulatively require an EIS and
				another agency is clearly the lead agency, the agency shall cooperate with the
				lead agency in the preparation of a joint EIS. Whenever it is clearly the lead
				agency, the agency shall coordinate the preparation of the EIS as required by
				this rule. Whenever the agency and 1 or more agencies have jurisdiction over an
				applicant's proposal or major state actions and lead agency status cannot be
				resolved, the agency shall request a determination from the governor.
(2) The agency shall cooperate with federal
				and local agencies in preparing EISs when the jurisdiction of the agency is
				involved. This cooperation may include, but is not limited to: joint
				environmental research studies, a joint process to determine the scope of an
				EIS, joint public hearings, joint EISs, and, whenever appropriate, joint
				issuance of a record of decision.
(3) Whenever the agency proposes or
				participates in an action that requires preparation of an EIS under both the
				National Environmental Policy Act and MEPA, the EIS must be prepared in
				compliance with both statutes and associated rules and regulations. The agency
				may, if required by a cooperating federal agency, accede to and follow more
				stringent requirements, such as additional content or public review periods,
				but in no case may it accede to less than is provided for in these
				rules.
(4) The same general
				provisions for cooperation and joint issuance of documents provided for in this
				rule in connection with EISs also apply to EAs.
2-3-103,
					 2-4-201, MCA; IMP,
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.628 - PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Whenever the agency is contemplating a
				series of agency-initiated actions, programs, or policies which in part or in
				total may constitute a major state action significantly affecting the human
				environment, it shall prepare a programmatic review discussing the impacts of
				the series of actions.
(2) The
				agency may also prepare a programmatic review whenever required by statute,
				whenever a series of actions under the jurisdiction of the agency warrant such
				an analysis as determined by the agency, or whenever prepared as a joint effort
				with a federal agency requiring a programmatic review.
(3) The agency shall determine whether the
				programmatic review takes the form of an EA or an EIS in accordance with the
				provisions of ARM
				17.4.607 and
				17.4.608, unless otherwise
				provided by statute.
(4) A
				programmatic review must include, as a minimum, a concise, analytical
				discussion of alternatives and the cumulative environmental effects of these
				alternatives on the human environment. In addition programmatic reviews must
				contain the information specified in ARM
				17.4.617 for EISs or ARM
				17.4.609 for EAs, as
				applicable.
(5) The agency shall
				adhere to the time limits specified for distribution and public comment on EISs
				or EAS, whichever is applicable.
(6) While work on a programmatic review is in
				progress, the agency may not take major state actions covered by the program in
				that interim period unless such action:
(a)
				is part of an ongoing program;
(b)
				is justified independently of the program; or
(c) will not prejudice the ultimate decision
				on the program. Interim action prejudices the ultimate decision on the program
				if it tends to determine subsequent development or foreclose reasonable
				alternatives.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.629 - RECORD OF DECISION FOR ACTIONS REQUIRING ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) At the time of its decision concerning a
				proposed action for which an EIS was prepared, the agency shall prepare a
				concise public record of decision. The record, which may be integrated into any
				other documentation of the decision that is prepared by the agency, is a public
				notice of what the decision is, the reasons for the decision, and any special
				conditions surrounding the decision or its implementation.
(2) The agency may include in the final EIS,
				in addition to a statement of its proposed decision, preferred alternative, or
				recommendation on the proposed action, the other items required by (1) of this
				rule, and additional explanation as provided for in (3) of this rule. If the
				final decision and the reasons for that final decision are the same as set
				forth in the final EIS, the agency may comply with (1) of this rule by
				preparing a public notice of what the decision is and adopting by reference the
				information contained in the final EIS that addresses the items required by (1)
				of this rule. If the final decision or any of the items required by (1) of this
				rule are different from what was presented in the final EIS, the agency is
				responsible for preparing a separate record of decision.
(3) There is no prescribed format for a
				record of decision, except that it must include the items listed in (1) of this
				rule. The record may include the following items as appropriate:
(a) brief description of the context of the
				decision;
(b) the alternatives
				considered;
(c) advantages and
				disadvantages of the alternatives;
(d) the alternative or alternatives
				considered environmentally preferable;
(e) short and long-term effects of the
				decision;
(f) policy considerations
				that were balanced and considered in making the decision;
(g) whether all practical means to avoid or
				minimize environmental harm were adopted, and if not, why not; and
(h) a summary of implementation plans,
				including monitoring and enforcement procedures for mitigation, if
				any.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.632 - EMERGENCIES

Current through Register Vol. 13, July 5, 2024
(1) The agency may take or permit action
				having a significant impact on the quality of the human environment in an
				emergency situation without preparing an EIS. Within 30 days following
				initiation of the action, the agency shall notify the governor and the EQC as
				to the need for the action and the impacts and results of it. Emergency actions
				must be limited to those actions immediately necessary to control the impacts
				of the emergency.
2-3-103,
					 2-4-201, MCA; IMP,
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.633 - CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) Information declared confidential by
				state law or by an order of a court must be excluded from an EA and EIS. The
				agency shall briefly state the general topic of the confidential information
				excluded.
2-3-103,
					 2-4-201, MCA; IMP,
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.634 - RESOLUTION OF STATUTORY CONFLICTS

Current through Register Vol. 13, July 5, 2024
(1)
				Whenever a conflicting provision of another state law prevents the agency from
				fully complying with these rules the agency shall notify the governor and the
				EQC of the nature of the conflict and shall suggest a proposed course of action
				that will enable the agency to comply to the fullest extent possible with the
				provisions of MEPA. This notification must be made as soon as practical after
				the agency recognizes that a conflict exists, and no later than 30 days
				following such recognition.
(2) The
				agency has a continuing responsibility to review its programs and activities to
				evaluate known or anticipated conflicts between these rules and other statutory
				or regulatory requirements. It shall make such adjustments or recommendations
				as may be required to ensure maximum compliance with MEPA and these
				rules.
2-3-103,
					 2-4-201, MCA; IMP,
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.635 - CONTRACTS AND DISCLOSURE

Current through Register Vol. 13, July 5, 2024
(1) The agency may
				contract for preparation of an EIS or portions thereof. Whenever an EIS or
				portion thereof is prepared by a contractor, the agency shall furnish guidance
				and participate in the preparation, independently evaluate the statement or
				portion thereof prior to its approval, and take responsibility for its scope
				and content.
(2) A person
				contracting with the agency in the preparation of an EIS must execute a
				disclosure statement, in affidavit form prepared by the agency, specifying that
				he has no financial or other interest in the outcome of the proposed action
				other than a contract with the agency.
2-3-103,
					 2-4-201, MCA; IMP,
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.6 - Montana Environmental Policy Act › Rule 17.4.636 - PUBLIC HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Whenever a
				public hearing is held on an EIS or an EA, the agency shall issue a news
				release or legal notice to newspapers of general circulation in the area to be
				affected by the proposed action prior to the hearing. The news release or legal
				notice must advise the public of the nature of testimony the agency wishes to
				receive at the hearing. The hearing must be held after the draft EIS has been
				circulated and prior to preparation of the final EIS. A hearing involving an
				action for which an EA was prepared must be held after the EA has been
				circulated and prior to any final agency determinations concerning the proposed
				action. In cases involving an applicant, the agency shall allow an applicant a
				reasonable time to respond in writing to comments made at a public hearing,
				notwithstanding the time limits contained in ARM
				17.4.620. The applicant may waive
				his right to respond to comments made at a hearing.
(2) In addition to the procedure in (1) of
				this rule, the agency shall take such other steps as are reasonable and
				appropriate to promote the awareness by interested parties of a scheduled
				hearing.
(3) The agency shall hold
				a public hearing whenever requested within 20 days of issuance of the draft EIS
				by either:
(a) 10% or 25, whichever is less,
				of the persons who will be directly affected by the proposed action;
(b) by another agency which has jurisdiction
				over the action;
(c) an association
				having not less than 25 members who will be directly affected by the proposed
				action; or
(d) the applicant, if
				any.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.7 - Environmental Impact Statement-Fees › Rule 17.4.701 - FEES: DETERMINATION OF AUTHORITY TO IMPOSE

Current through Register Vol. 13, July 5, 2024
(1) Whenever an application for a lease,
				permit, contract, license or certificate is expected to result in the agency
				incurring expenses in excess of $2,500 to compile an EIS, the applicant is
				required to pay a fee in an amount the agency reasonably estimates, as set
				forth in this rule, will be expended to gather information and data necessary
				to compile an EIS.
(2) The agency
				shall determine within 30 days after a completed application is filed whether
				it will be necessary to compile an EIS and assess a fee as prescribed by this
				rule. If it is determined that an EIS is necessary, the agency shall make a
				preliminary estimate of its costs. This estimate must include a summary of the
				data and information needs and the itemized costs of acquiring the data and
				information, including salaries, equipment costs and any other expense
				associated with the collection of data and information for the EIS.
(3) Whenever the preliminary estimated costs
				of acquiring the data and information to prepare an EIS total more than $2,500,
				the agency shall notify the applicant that a fee must be paid and submit an
				itemized preliminary estimate of the cost of acquiring the data and information
				necessary to compile an EIS. The agency shall also notify the applicant to
				prepare and submit a notarized and detailed estimate of the cost of the project
				being reviewed in the EIS within 15 days. In addition, the agency shall request
				the applicant to describe the data and information available or being prepared
				by the applicant which can possibly be used in the EIS. The applicant may
				indicate which of the agency's estimated costs of acquiring data and
				information for the EIS would be duplicative or excessive. The applicant must
				be granted, upon request, an extension of the 15-day period for submission of
				an estimate of the project's cost and a critique of the agency's preliminary
				EIS data and information accumulation cost assessment.
75-1-202, MCA; IMP,
					 75-1-202,
					 75-1-203,
					 75-1-205 through
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.7 - Environmental Impact Statement-Fees › Rule 17.4.702 - FEES: DETERMINATION OF AMOUNT

Current through Register Vol. 13, July 5, 2024
(1)
				After receipt of the applicant's estimated cost of the project and analysis of
				an agency's preliminary estimate of the cost of acquiring information and data
				for the EIS, the agency shall notify the applicant within 15 days of the final
				amount of the fee to be assessed. The fee assessed must be based on the
				projected cost of acquiring all of the information and data needed for the EIS.
				If the applicant has gathered or is in the process of gathering information and
				data that can be used in the EIS, the agency shall only use that portion of the
				fee that is needed to verify the information and data. Any unused portion of
				the fee assessed may be returned to the applicant within a reasonable time
				after the information and data have been collected or the information and data
				submitted by the applicant have been verified, but in no event later than the
				deadline specified in these rules. The agency may extend the 15-day period
				provided for review of the applicant's submittal but not to exceed 45 days if
				it believes that the project cost estimate submitted is inaccurate or
				additional information must be obtained to verify the accuracy of the project
				cost estimate. The fee assessed must not exceed the limitations provided in
				75-1-203(2),
				MCA.
(2) If an applicant believes
				that the fee assessed is excessive or does not conform to the requirements of
				this rule or Title 75, chapter 1, part 2, MCA, the applicant may request a
				hearing pursuant to the contested case provisions of the Montana Administrative
				Procedure Act. If a hearing is held on the fee assessed as authorized by this
				subsection, the agency shall proceed with its analysis of the project wherever
				possible. The fact that a hearing has been requested is not grounds for
				delaying consideration of an application except to the extent that the portion
				of the fee in question affects the ability of the department to collect the
				data and information necessary for the EIS.
75-1-202, MCA; IMP,
					 75-1-202,
					 75-1-203,
					 75-1-205 through
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.7 - Environmental Impact Statement-Fees › Rule 17.4.703 - USE OF FEE

Current through Register Vol. 13, July 5, 2024
(1) The fee
				assessed hereunder may only be used to gather data and information necessary to
				compile an EIS. No fee may be assessed if an agency intends only to compile an
				EA or a programmatic review. If a department collects a fee and later
				determines that additional data and information must be collected or that data
				and information supplied by the applicant and relied upon by the agency are
				inaccurate or invalid, an additional fee may be assessed under the procedures
				outlined in these rules if the maximum fee has not been collected.
(2) Whenever the agency has completed work on
				the EIS, it shall submit to the applicant a complete accounting of how any fee
				was expended. If the money expended is less than the fee collected, the
				remainder of the fee shall be refunded to the applicant without interest within
				45 days after work has been completed on the final EIS.
75-1-202, MCA; IMP,
					 75-1-202,
					 75-2-203,
					 75-1-205 through
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.7 - Environmental Impact Statement-Fees › Rule 17.4.720 - FEE ASSESSMENT CATEGORIES: GENERAL REQUIREMENT

Current through Register Vol. 13, July 5, 2024
(1) The overall estimated cost of a project
				submitted by the applicant, as required by this rule shall include an itemized
				list of related costs showing the various component cost breakdown and how the
				costs were calculated for each component category. The functions of the
				department have been broken into 2 categories: reclamation and state lands,
				below. If any of the categories listed are not applicable it shall be so noted
				and explained if necessary. The list of categories is not exclusive but is
				intended as a basic guide.
75-1-202, MCA; IMP,
					 75-1-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.7 - Environmental Impact Statement-Fees › Rule 17.4.721 - FEE ASSESSMENT CATEGORIES: HARD ROCK

Current through Register Vol. 13, July 5, 2024
The Hard Rock Act fee assessment categories are as
				  follows:
(1) Exploration related
				categories, include, but are not limited to: access rights; land acquisition;
				application information and preparation; bonding; license fees; resource data
				inventories; professional services and evaluations; prospecting facilities and
				construction; equipment; associated disturbance including road construction and
				renovations; blasting; core drilling; removal and deposition of overburden or
				other materials; mineral extraction and haulage; water and erosion control
				measures; and all other exploration activities.
(2) Reclamation related categories, include,
				but are not limited to: equipment; topsoil and spoil handling; backfilling;
				regrading; revegetation activities; water and erosion control measures;
				bulkheads and safety features; and all other reclamation activities.
(3) Contingency costs associated with the
				project, include but are not limited to the categories listed below: salaries,
				wages, insurance, fringe benefits, retainers, rents, premiums and all other
				costs associated with the project.
(4) Mining related activities, include but
				are not limited to: access rights; land acquisition; application information
				and preparation; permit fee; bonding; resource data inventories; professional
				services and evaluations; mining facilities and equipment; blasting; removal
				and deposition of overburden mine wastes or other materials; associated
				disturbances including road construction and renovations, leach dumps, conveyor
				systems, mineral excavation and haulage; water and air pollution controls and
				all other mining activities.
75-1-202, MCA; IMP,
					 75-1-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.7 - Environmental Impact Statement-Fees › Rule 17.4.722 - FEE ASSESSMENT CATEGORIES: OPEN CUT

Current through Register Vol. 13, July 5, 2024
The Open Cut Mining Act categories are as follows:
(1) Costs associated with mining, include but
				are not limited to: pre-mining activities; access rights; land acquisition;
				application information and preparation; contract fees; resource data
				inventories; professional services and evaluations; bonding; equipment; road
				construction and renovation; core drilling; blasting; removal and deposition of
				overburden and other materials; mineral extraction and haulage and all other
				mining activities.
(2) Costs
				associated with reclamation, include but are not limited to: equipment; topsoil
				salvage, haulage and redistribution; problem spoil or waste handling
				procedures;
backfilling; regrading; revegetation activities; erosion
				  control measures and all other reclamation activities.
(3) Contingency costs associated with the
				project, include but are not limited to: salaries; wages; fringe benefits;
				insurance; retainers; rents; premiums and all other costs associated with the
				project.
75-1-202, MCA; IMP,
					 75-1-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.7 - Environmental Impact Statement-Fees › Rule 17.4.723 - FEE ASSESSMENT CATEGORIES: STRIP AND UNDERGROUND MINE SITING

Current through Register Vol. 13, July 5, 2024
The Strip and Underground Mine Siting Act categories are as
				  follows:
(1) Costs associated with the
				siting of facilities include but are not limited to: land acquisition;
				construction and other disturbance activities; blasting; equipment; all
				facilities, railroad loops and spurs; road construction and renovation; power
				and transmission lines; resource data inventories covering the proposed mining
				acreage for the life of the operation; erection of equipment; professional
				services and evaluations; application information and preparation; permit fee;
				bonding; waste disposal areas; treatment ponds; water and pollution control
				measures and all other cost categories related to facility siting
				projects.
(2) Costs associated with
				dismantling and removal of facilities and reclamation of all disturbances shall
				be identified and itemized. The categories include but are not limited to:
				facility removal activities; necessary equipment; topsoil salvage storage,
				haulage, and redistribution; problem material burial; waste disposal areas;
				backfilling; regrading; water and pollution control measures; revegetation
				activities; testing and monitoring for bond release; and all other facility and
				associated disturbance reclamation activities.
(3) Contingency costs associated with the
				project, include but are not limited to: salaries; wages; fringe benefits;
				insurance; rents; premiums; retainers; and all other costs associated with the
				project.
75-1-202, MCA; IMP,
					 75-1-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.7 - Environmental Impact Statement-Fees › Rule 17.4.725 - DEPARTMENTAL ASSISTANCE TO APPLICANTS

Current through Register Vol. 13, July 5, 2024
(1)
				The department will make every effort to assist the applicant in preparing an
				estimated cost of a project. Furthermore, the department will make appropriate
				personnel available to the applicant to discuss the department's estimated cost
				of compiling the information and data necessary for the EIS. After a fee has
				been collected and work on the compilation of data and information necessary
				for the EIS is begun, it is the intention of the department to return all
				unused or unneeded portions of the fee as promptly as possible.
75-1-202, MCA; IMP,
					 75-1-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.8 - Electronic Filing of Documents › Rule 17.4.801 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The rules in this subchapter apply to a
				person who submits electronic documents to the department, or to the U.S.
				Environmental Protection Agency (EPA), pursuant to a specific rule of the
				department or pursuant to a department permit or license condition that allows
				submission of electronic documents in lieu of paper documents and that requires
				conformance with this subchapter.
(2) The rules in this subchapter do not apply
				to a person who submits a document via:
(a)
				facsimile transmission; or
(b)
				magnetic or optical media such as a diskette, compact disc, digital video disc,
				or tape.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.8 - Electronic Filing of Documents › Rule 17.4.803 - USE OF ELECTRONIC RECORD RECEIVING SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) If the department has adopted a rule, or,
				if the department has issued a permit or license that includes a provision or
				condition allowing submission of an electronic record pursuant to this
				subchapter in lieu of submission of a paper document, a person who submits an
				electronic record pursuant to the rule, permit, or license shall submit the
				record to the department's electronic record receiving system that is
				appropriate for the particular record, or an authorized EPA electronic record
				receiving system, such as EPA's Net DMR system, that meets the requirements of
				40 CFR Part 3, EPA's Cross-Media Electronic Reporting Regulation, and that is
				appropriate for the particular record
(2) All electronic records submitted pursuant
				to this subchapter must bear a valid electronic signature of a signatory if the
				signatory would be required to sign the paper document for which the electronic
				record is substituted.
(3) A person
				submitting an electronic record pursuant to this subchapter is legally bound,
				obligated, or responsible by the submittal and content of the record to the
				same extent as by the submittal and content of the paper document for which the
				electronic record is substituted.
AUTH:
					 30-18-118, MCA; IMP:
					 30-18-117,
					 MCA