BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.30.617 and 17.30.638 pertaining to outstanding resource water designation for the Gallatin River

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NOTICE OF EXTENSION OF COMMENT PERIOD ON PROPOSED AMENDMENT   (WATER QUALITY)

 

            TO:  All Concerned Persons

 

            1.  On October 5, 2006, the Board of Environmental Review published MAR Notice No. 17-254 regarding a notice of public hearing on the proposed amendment of the above-stated rules at page 2294, 2006 Montana Administrative Register, issue number 19.  On March 22, 2007, the board published MAR Notice No. 17-257 regarding a notice of extension of comment period on the proposed amendment of the above-stated rules at page 328, 2007 Montana Administrative Register, issue number 6.  On September 20, 2007, the board published MAR Notice No. 17-263 regarding a notice of extension of comment period on the proposed amendment of the above-stated rules at page 1398, 2007 Montana Administrative Register, issue number 18.  On March 13, 2008, the board published MAR Notice No. 17-268 extending the comment period on the proposed amendment of the above-stated rules at page 438, 2008 Montana Administrative Register, issue number 5.  On September 11, 2008, the board published MAR Notice No. 17-276 extending the comment period on the proposed amendment of the above-stated rules at page 1953, 2008 Montana Administrative Register, issue number 17.  On February 26, 2009, the board published MAR Notice No. 17-276 extending the comment period on the proposed amendment of the above-stated rules at page 162, 2009 Montana Administrative Register, issue number 4.  On August 13, 2009, the board published MAR Notice No. 17-276 extending the comment period on the proposed amendment of the above-stated rules at page 1324, 2009 Montana Administrative Register, issue number 15.

 

            2.  During the initial comment period, the board received a number of comments opposing adoption of the proposed rule amendments on grounds that the amended rules would render a number of properties in the Big Sky area undevelopable.  The draft environmental impact statement on the proposed rule amendments indicates that the rule amendments would not preclude full development in the Big Sky area if certain mechanisms, such as central sewers and advanced treatment, are implemented.  However, the record did not indicate whether regulatory or other means to require or facilitate implementation of these mechanisms are feasible.  At the close of the initial comment period, the board was notified that the original petitioners for this rulemaking and developers were discussing means of accomplishing this goal.  For that reason, the board extended the comment period to July 2, 2007.  During the second comment period, the board received comments indicating that the discussions had been continuing, that progress was being made, and that an engineering feasibility study was underway.  The commentors requested further extension of the comment period.  The board granted their request and extended the comment period to January 4, 2008.  On January 4, 2008, the board received a comment indicating that the feasibility study will be completed in May of 2008 and requesting that the comment period be further extended.  The board has granted this request and extended the comment period to July 18, 2008.  On July 2, 2008, the board received a comment indicating that the feasibility study would be completed in July and requesting a further extension of the comment period.  The board granted this request.

            On December 29, 2008, the board received a comment indicating that the feasibility study indicates that extending wastewater hookups for the Big Sky Water and Sewer district wastewater treatment plant along the Gallatin River would be more effective in protecting the Gallatin River than adoption of the proposed rules.  The commentor requested that the comment period be extended during a public participation process and a search for funding.  The board granted that request and extended the comment period to July 15, 2009.

            On July 2, 2009, the board received a comment indicating that efforts to secure funding were ongoing and requested that the board further extend the comment period.  The board granted this request.

            On November 16, 2009, the board received a comment indicating that the economic downturn had hindered efforts to secure funding and requesting that the board further extend the comment period while efforts to secure funding continue.  The board has granted this request.

 

            3.  Written data, views, or arguments may be submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana, 59620-0901; faxed to (406) 444-4386; or e-mailed to [email protected], no later than April 23, 2010.  To be guaranteed consideration, mailed comments must be postmarked on or before that date.

 

            4.  The board will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking action or need an alternative accessible format of this notice.  If you require an accommodation, contact the board no later than 5:00 p.m., February 22, 2010, to advise us of the nature of the accommodation that you need.  Please contact the board secretary at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2544; fax (406) 444-4386; or e-mail [email protected].

 

Reviewed by:                                     BOARD OF ENVIRONMENTAL REVIEW

 

 

 

/s/ John F. North                                 BY:  /s/ Joseph W. Russell                                  

JOHN F. NORTH                                           JOSEPH W. RUSSELL, M.P.H.

Rule Reviewer                                               Chairman

 

            Certified to the Secretary of State, February 1, 2010.