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.  On February 11, 2010, the board published MAR Notice No. 17-276 extending the comment period on the proposed amendment of the above-stated rules at page 264, 2010 Montana Administrative Register, issue number 3.  On July 29, 2010, the board published MAR Notice No. 17-276 extending the comment period on the proposed amendment of the above-stated rules at page 1648, 2010 Montana Administrative Register, issue number 14.

 

            2.  During the initial comment period and extensions of the original comment period, the board was advised that members of the Big Sky community, which would be affected by this rulemaking, had formed a collaborative and had hired an engineering firm, which completed a feasibility study on extending the coverage of the Big Sky Water and Sewer district service area.  The board received comments indicating that this would protect water quality in the Gallatin River as well as or better than adoption of the proposed rule.  Members of the community were exploring funding options when the current economic downturn began.  That downturn has resulted in an interruption of the efforts to find funding.  However, the board believes that these efforts should resume as the economy recovers.  On November 9, 2010, the board received a public comment requesting that the board further extend the comment period.  The Department of Environmental Quality has recommended that the comment period be extended to allow resumption of efforts to obtain funding.  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 29, 2011.  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 9, 2011, 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, January 18, 2011.