1. (1) The department shall provide public notice of the department's tentative determination to issue a permit. The department shall mail the notice to:

   1. (a) the applicant;
   2. (b) any agency or entity identified in ARM 17.30.1041; and
   3. (c) any person on request.

2. (2) In addition, the department shall publish a notice of the tentative determination to issue a permit for two consecutive weeks on the department's web page and may include notice to the public by:

   1. (a) posting in a newspaper of general circulation within the geographic area of the proposed discharge;
   2. (b) posting in the post office and public places of the municipality nearest the premises of the proposed activity;
   3. (c) posting near the entrance to the applicant's premises and in nearby places; or
   4. (d) any other notice that the department considers reasonable to encourage public participation in the decision.

3. (3) Public notice of any public hearing held pursuant to this subchapter must be circulated in advance of the hearing and at least as widely as was the notice of the department's tentative determination. Circulation must include at least the following:

   1. (a) publication of notice in at least one newspaper of general circulation;
   2. (b) distribution of notice to all persons and agencies receiving a copy of the notice for the MGWPCS application; and
   3. (c) distribution to any person or group upon request.

Authorizing statute(s): 75-5-401, MCA

Implementing statute(s): 75-5-401, MCA

History: NEW, 1982 MAR p. 1937, Eff. 10/29/82; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2024 MAR p. 262, Eff. 2/10/24.