8.104.218    WAIVER OF IMPACT PLAN REQUIREMENT

(1) The board will grant a waiver or a conditional waiver of the impact plan requirement to a large-scale mineral development permittee, as authorized by 90-6-307(14), MCA, if:

(a) The permittee and the governing bodies of all potentially affected local government units, as identified by the board and the affected county or counties, notify the board in writing that:

(i) they do not anticipate a need to increase local government services and facilities as a result of the increase in employment identified in the permittee's annual report to the Department of Environmental Quality; or

(ii) the anticipated increase in need for services and facilities is not expected to result in an increase in local government costs to the nondeveloper taxpayer, or that such costs will be paid by the developer under the terms of the conditional waiver;

(b) No potentially affected local government unit requests the board to deny the waiver or to require an impact plan; or

(c) Following a public hearing on the proposed waiver, or notice and opportunity for hearing, the board considers it unlikely that adverse fiscal impacts will affect any local government unit, either as a result of the increase in employment identified in the permittee's annual report, as required by 82-4-339, MCA, or as a result of the associated changes in the mining operation.

(2) Following its decision, the board will provide a copy of the waiver, conditional waiver, or denial of waiver to the Department of Environmental Quality, the permittee, and the potentially affected local government units identified by the board and the affected county or counties for purposes of 90-6-307(14), MCA.

History: 90-6-305, 90-6-307, MCA; IMP, 90-6-307, MCA; NEW, 1994 MAR p. 2718, Eff. 10/14/94; AMD, 2008 MAR p. 1309, Eff. 5/9/08.