17.24.1213    SUSPENSION AND REVOCATION OF PERMITS: DETERMINATION OF PATTERN OF VIOLATIONS

(1) In implementing 82-4-251(3), MCA, the department:

(a) may determine that a pattern of violations exists or has existed, based on two or more inspections of the permit area within any 12-month period, after considering the circumstances, which circumstances shall include:

(i) the number of violations, cited on more than one occasion, of the same or related requirements of the Act, the rules adopted pursuant thereto, or the permit;

(ii) the number of violations, cited on more than one occasion, of different requirements of the Act, the rules adopted pursuant thereto, or the permit; and

(iii) the extent to which the violations were isolated departures from lawful conduct; and

(iv) the number of violations caused by unwarranted failure of the permittee to comply or willfully caused by the permittee; and

(b) shall determine that a pattern of violations exists if it finds that there were violations of the same or related requirements during three or more inspections of the permit area within any 12-month period.

(2) Whenever a permittee fails to abate a violation contained in a notice of noncompliance or cessation order within the abatement period set in the notice or order or as subsequently extended, the department shall review the permittee's history of violations to determine whether a pattern of violations exists.

(3) If the department determines that a pattern exists, it shall issue an order to show cause why the permit should not be suspended or revoked.

 

History: 82-4-205, MCA; IMP, 82-4-251, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2024 MAR p. 260, Eff. 2/10/24.