Issue 3 - the Montana Secretary of State Website

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(viii) the practicable capability of the owner or operator; and
(g) any other factor determined by the department to be necessary to protect
human health or the environment.
(5) through (6) remain as proposed.
NEW RULE XLIV (17.50.1310) IMPLEMENTATION OF THE CORRECTIVE
ACTION PROGRAM (1) Based on the schedule established under ARM
17.50.1309(4) for initiation and completion of remedial activities, an owner or
operator required by ARM 17.50.1309 to select a remedy shall:
(a) through (a)(iii) remain as proposed.
(b) implement the corrective action remedy selected under ARM 17.50.1309;
and
(c) submit for department approval, and if approved, take any interim
measures necessary to ensure the protection of human health and the environment.
Interim measures must, to the greatest extent practicable, be consistent with the
objectives of, and contribute to the performance of, any remedy that may be
required pursuant to ARM 17.50.1309. The following factors must be considered by
an owner or operator and the department in determining whether interim measures
are necessary:
(i) through (vi) remain as proposed.
(vii) other situations that may pose threats to human health and the
environment; and
(d) submit to the department, by April 1 of each year, an annual corrective
measures progress report. The progress report must cover the preceding 12-month
period. The progress report must include the following information:
(i) a description of all corrective action work completed;
(ii) all relevant sampling and analysis data;
(iii) summaries of all deviations from the selected remedy;
(iv) summaries of all problems or potential problems encountered and any
actions taken to rectify the problems;
(v) an updated schedule for achieving compliance with all applicable
standards; and
(vi) any other information determined by the department to be necessary to
protect human health or the environment.
(2) through (8) remain as proposed.
NEW RULE XLV (17.50.1311) HYDROGEOLOGIC AND SOILS
CHARACTERIZATION (1) through (1)(b)(iii) remain as proposed.
(2) A hydrogeologic and soils report required in (1) must include the
following:
(a) through (b) remain as proposed.
(c) a description of the hydrogeologic units that overlie the uppermost aquifer
or underground drinking water source, as required in ARM 17.50.1204, or that may
be part of the leachate migration pathways at the facility, including saturated and
unsaturated units;
(d) through (f)(v) remain as proposed.
(g) any other information determined by the department to be necessary to
Montana Administrative Register 3-2/11/10