75-10-735. Public participation. (1) Upon determination by the department that an application for a voluntary cleanup plan is complete pursuant to 75-10-736(1) and (2), the department shall publish a notice and brief analysis of the proposed plan in a daily newspaper of general circulation in the area affected and make the plan available to the public.
(2) The notice must provide 30 days for submission of written comments to the department regarding the plan. Upon written request by 10 or more persons, by a group composed of 10 or more members, or by a local governing body of a city, town, or county within the comment period, the department shall conduct a public meeting at or near the facility regarding the proposed voluntary cleanup plan. The meeting must be held within 45 days of the date that written notice of the department's completeness determination is provided to the applicant under 75-10-736(2).
(3) The department shall consider and respond to relevant written or verbal comments submitted during the comment period or at the public meeting.
(4) The department's decision on the final plan and the reasons for any significant modification of the final plan must be published in accordance with subsection (1).
(5) Compliance with this section is considered to satisfy the public participation requirements of Title 75, chapter 1.
History: En. Sec. 9, Ch. 584, L. 1995; amd. Sec. 2, Ch. 117, L. 2009.
Structure Montana Code Annotated
Title 75. Environmental Protection
Chapter 10. Waste and Litter Control
Part 7. Remedial Action Upon Release of Hazardous Substance
75-10-702. Rulemaking authority
75-10-703. Actions -- general provisions
75-10-704. Environmental quality protection fund
75-10-707. Information gathering and access
75-10-708. through 75-10-710 reserved
75-10-711. Remedial action -- orders -- penalties -- judicial proceedings
75-10-714. Administrative penalties
75-10-715. Liability -- reimbursement and penalties -- proceedings -- defenses and exclusions
75-10-718. Liability of remedial action contractor
75-10-719. Settlement -- bar to contribution liability
75-10-720. Condemnation -- creation of state lien
75-10-721. Degree of cleanup required -- permit exemption -- financial assurance
75-10-722. Payment of state costs and penalties
75-10-723. Agreements and administrative orders on consent to perform remedial action
75-10-724. Private right of action
75-10-725. Immunity of fire agency and employees for hazardous or deleterious substance cleanup
75-10-727. Institutional controls
75-10-728. Remedial action costs
75-10-729. Restoration damages
75-10-731. Purpose -- legislative declaration
75-10-733. Voluntary cleanup plan and reimbursement of remedial action costs
75-10-734. Voluntary cleanup plans -- requirements
75-10-735. Public participation
75-10-737. Voluntary action to preclude remedial action by department
75-10-739. through 75-10-741 reserved
75-10-744. Eligibility -- statute of limitations
75-10-745. Allocation of liability -- process initiation
75-10-748. Preallocation negotiations
75-10-749. Allocator selection -- payment of fees
75-10-750. Allocating liability
75-10-751. Appeal of allocator's decision
75-10-753. through 75-10-755 reserved