Montana Hazardous Waste Facility Permit (18-MT-b)
Hazardous Waste Facility Permit Process
18-MT-b.1 – Publish Public Notice of Pre-application Meeting
When the developer submits a RCRA part B application, the developer must publish notice of the pre-application meeting between the developer, the DEQ, and the public at least 30 days prior to the meeting. The public notice should include:
- The date, time and location of the meeting;
- A brief description of the purpose of the meeting;
- A brief description of the facility and proposed operations, including the address or a map of the facility’s location;
- A statement encouraging parties to contact the facility at least 72 hours prior to the meeting if the party needs special access to participate in the meeting; and
- The name, address, and telephone number of a contact person for the developer/applicant.
Additionally, the public notice must use all following forms:
- A newspaper advertisement;
- A visible and accessible sing;
- A broadcast media announcement; and
- A notice to the permitting agency.
18-MT-b.2 – Hold Pre-application Meeting
When the developer/applicant submits a RCRA part B application, the developer/applicant must hold at least one meeting with the public to provide the public the opportunity to ask questions and inform the public of the proposed hazardous waste management activities.
18-MT-b.3 – Hazardous Waste Facility Permit Application and Associated Documents
The developer/applicant must complete, sign, and submit a Hazardous Waste Facility Permit Application and associated documents to the DEQ. For Part A applications, the developer/applicant should include the information listed in 40 CFR 270.13. For Part B applications, the developer/applicant should include the information listed in 40 CFR 270.14. Montana exempts some requirements to the CFR application content under ARM 17.53.1202.
18-MT-b.4 to 18-MT-b.5 – Review Application for Completeness
The DEQ will not begin processing the application until the developer/applicant has fully complied with the application requirements. Once the developer/applicant complies with the application requirements, the DEQ will begin to process the application.
18-MT-b.6 – Draft Permit/Notice of Intent to Deny
When the developer/applicant submits a RCRA part B application and the DEQ determines the application is complete, the DEQ decides whether to prepare a Draft Permit or issue a Notice of Intent to Deny the permit application.
18-MT-b.7 – Publish Notice of Draft Permit or Notice of Intent to Deny
The DEQ publishes notice of the Draft Permit or the Notice of Intent to Deny. The public notice should include:
- The name and address of the office processing the Draft Permit or Notice of Intent to Deny (e.g. DEQ);
- The Name and address of the developer/applicant;
- A brief description of the business conducted at the facility or activity described in the permit application or draft permit;
- The name, address, and telephone number of a person from who interested persons may obtain further information, including copies of the Draft Permit, statement of basis or fact sheet, and the application;
- A brief description of the comment procedures required by 40 CFR 124.11 and 40 CFR 124.12 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing and other procedures by through which the public may participate in the final permit decision; and
- Any other information considered necessary or proper.
Additionally, the public notice must use all following forms:
- By mailing a copy of a notice to the applicant, any other agency which has issued or is required to issue a RCRA permit;
- Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected States Indians Tribes;
- Publication in a daily or weekly major local newspaper of general circulation;
- Broadcast over local radio stations;
- In a manner constituting legal notice under Montana law; and
- Any other method reasonably calculated to give actual notice of the action in question to persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.
18-MT-b.8 – Comment on Draft Permit or Notice of Intent to Deny
The public receives 45 days to comment on the Draft Permit or Notice of Intent to Deny. During this time, interested persons may also request in writing a public hearing if no public hearing is scheduled. The request for public hearing must include the proposed issues for the public hearing.
18-MT-b.9 - Does the DEQ Director Determine a Public Hearing is required
The DEQ director determines whether to hold a public hearing. The DEQ director must hold a public hearing whenever the director finds significant interest in a draft permit or when the director receives written notice of opposition to a draft permit and a request for a hearing during the public comment period. Additionally, the director may hold a public hearing at the director’s discretion.
18-MT-b.10 – Publish Notice of Public Hearing
The DEQ must publish a notice of the public hearing in the same manner as publishing the notice of Draft Permit or Notice of Intent to Deny.
18-MT-b.11 – Hold Public Hearing
The DEQ holds a public hearing on the Draft Permit or Notice of Intent to Deny. Any person may submit oral or written statements and data concerning the Draft Permit or Notice of Intent to Deny. The DEQ can set reasonable limits on the time allowed for oral statements and may require the statements in writing. The DEQ must provide a tape recording or written transcript of the hearing to the public.
18-MT-b.12 – Respond to Comments from Public Comment and Hearing
When the DEQ is ready to issue a final determination, the DEQ responds to comments from the public comment and hearing. The responses must include:
- Which provisions (if any) of the draft permit that have been changed for the final permit;
- The reasons for the change in the final permit; and
- A brief description and response to all significant comments on the draft permit.
18-MT-b.13 – Hazardous Waste Facility Permit/Decision to Deny
The DEQ issues the developer a Hazardous Waste Facility Permit or a Decision to Deny a Hazardous Waste Facility Permit.
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