17.20.1803    CERTIFICATE AMENDMENT PURSUANT TO CHANGE IN DEPARTMENT OF ENVIRONMENTAL QUALITY OR BOARD OF ENVIRONMENTAL REVIEW PERMIT

(1) An amendment affecting, amending, altering or modifying a decision, opinion, order, certification or permit issued by the department of environmental quality or board of environmental review under the applicable statutes administered by those agencies in accordance with 75-20-219 , MCA, shall be adopted by the department and incorporated as a certificate amendment, as follows:

(a) within 10 days of the issuance of an amendment by the department or board, the certificate holder shall serve the department with a certified copy of the amendment;

(b) the department shall issue a notice of proposed action to modify the certificate to fully and completely incorporate the amendment authorized by the department or board;

(c) upon the timely filing of a request for hearing, the board shall hold a show-cause hearing why the proposed action should not be taken. A request for hearing may be made by any person affected by the proposed action;

(d) a person requesting a show-cause hearing shall file with the board all testimony, evidence and exhibits in writing that it intends to present at the hearing within 15 days after filing a request for hearing. Failure to comply with this rule shall be deemed a waiver of a person's request for hearing and of rights to participate in the hearing, if any;

(e) if no show-cause hearing is requested or required, the department shall take the proposed action as set forth in the notice pursuant to (1) (b) ;

(f) a show-cause hearing, if any, shall be limited to issues over which the board has jurisdiction.

History: 75-20-105, MCA; IMP, 75-20-219, MCA; NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; AMD, 2005 MAR p. 252, Eff. 2/11/05.