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Issue 3 - the Montana Secretary of State Website

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-266-<br />

BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY<br />

OF THE STATE OF MONTANA<br />

In <strong>the</strong> matter <strong>of</strong> <strong>the</strong> amendment <strong>of</strong> ARM<br />

17.40.206 pertaining to examinations<br />

TO: All Concerned Persons<br />

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NOTICE OF PUBLIC HEARING ON<br />

PROPOSED AMENDMENT<br />

(PUBLIC WATER AND SEWAGE<br />

SYSTEM REQUIREMENTS)<br />

1. On March 10, 2010, at 1:30 p.m., <strong>the</strong> Department <strong>of</strong> Environmental Quality<br />

will hold a public hearing in Room 136/137, Metcalf Building, 1520 East Sixth<br />

Avenue, Helena, <strong>Montana</strong>, to consider <strong>the</strong> proposed amendment <strong>of</strong> <strong>the</strong> abovestated<br />

rule.<br />

2. The department will make reasonable accommodations for persons with<br />

disabilities who wish to participate in this public hearing or need an alternative<br />

accessible format <strong>of</strong> this notice. If you require an accommodation, please contact<br />

Elois Johnson, Paralegal, no later than 5:00 p.m., February 22, 2010, to advise us <strong>of</strong><br />

<strong>the</strong> nature <strong>of</strong> <strong>the</strong> accommodation that you need. Please contact Elois Johnson at<br />

Department <strong>of</strong> Environmental Quality, P.O. Box 200901, Helena, <strong>Montana</strong> 59620-<br />

0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.<br />

3. The rule proposed to be amended provides as follows, stricken matter<br />

interlined, new matter underlined:<br />

17.40.206 EXAMINATIONS (1) A person desiring to take <strong>the</strong> examination<br />

for certification as a water supply or wastewater treatment system operator must<br />

complete <strong>the</strong> department's application form and return it to <strong>the</strong> department at least<br />

15 30 days before <strong>the</strong> date <strong>of</strong> <strong>the</strong> next examination. The proper fee, as determined<br />

under ARM 17.40.212, must accompany <strong>the</strong> application. Upon department<br />

approval, <strong>the</strong> applicant may take <strong>the</strong> examination.<br />

(2) through (9) remain <strong>the</strong> same.<br />

AUTH: 37-42-202, MCA<br />

IMP: 37-42-201, 37-42-301, 37-42-305, 37-42-306, MCA<br />

REASON: The proposed amendment would require that applications to take<br />

an operator certification examination be submitted to <strong>the</strong> department at least 30<br />

days before <strong>the</strong> examination. The current rule requires that applications be<br />

submitted at least 15 days in advance. The proposed amendment is necessary to<br />

allow <strong>the</strong> department adequate time to process applications and to provide a<br />

sufficient interval between repeat examinations.<br />

4. Concerned persons may submit <strong>the</strong>ir data, views, or arguments, ei<strong>the</strong>r<br />

orally or in writing, at <strong>the</strong> hearing. Written data, views, or arguments may also be<br />

3-2/11/10 MAR Notice No. 17-301

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