17.8.121    VARIANCE PROCEDURES--RENEWAL APPLICATION

(1) No renewal of exemption shall be granted except on application, submitted on a form designated "application for renewal" form obtained from the department.

(2) Public notice of the renewal application shall be given at the applicant's expense immediately prior to the submission of the application, in the following manner:

(a) By publication and notice at least once in a newspaper of general circulation published within the geographical area wherein the plant or equipment is located.

(b) The notice shall state, in effect, that application is being made to the department to renew an exemption permit to allow the continued operation of equipment or plant at a specified address, which equipment or plant emits air contaminants not otherwise allowed by rules of the department. The notice shall also state the name and business address of the applicant.

(c) A copy of the notice, certified as to the manner of publication, shall be filed with the department concurrent with the publication.

(3) If complaint is made to the department on the application for renewal:

(a) Public hearing shall be held on due notice served upon the holder of the exemption complained of, upon the complainants, and upon the general public.

(b) Manner of service and publication of notice shall be the same as provided in ARM 17.8.120(3).

(c) The nature and conduct of the hearing shall be the same as provided for in ARM 17.8.120(4).

(d) The form of the complaint shall include, but is not limited to, the name and address of the complainant, the name and address of the holder of the exemption complained of, and a sufficient statement of the complainant to allow the department to give notice of the issues involved at the hearing.

 

History: 75-2-112, MCA; IMP, 75-2-212, MCA; Eff. 12/31/72; AMD, Eff. 11/4/73; TRANS, from DHES, 1996 MAR p. 2285; AMD, 2024 MAR p. 253, Eff. 2/10/24.