Current through Register Vol. 18, September 20, 2024
(1) In making
its decision under
75-20-301(3), MCA, the
department shall identify all:
(a) significant
environmental impacts; and
(b)
reasonable, cost-effective mitigation measures for those
impacts.
(2) For those
significant environmental impacts that cannot be mitigated below the level of
significance, the department shall determine whether there is a threat of serious
injury or damage to the environment, the social and economic conditions of
inhabitants of the affected area, and the health, safety, or welfare of area
inhabitants.
(3) In determining the
reasonableness of mitigating measures under
75-20-301(3)(a), MCA,
the department shall consider appropriate factors including, but not limited to,
whether the measure:
(a) is within or can
reasonably be expected to be within an applicant's or the department's ability to
implement;
(b) is technologically
feasible as shown through research, successful prototype testing, or successful
implementation in similar situations;
(c) is likely to succeed in mitigating the
identified significant impact when implemented individually or in conjunction with
other adopted measures; and
(d) can be
monitored for implementation and effectiveness.
(4) In determining whether a mitigating measure is
cost-effective under
75-20-301(3)(a), MCA,
the department shall use the following analysis:
(a) estimate the net present value of the cost of
implementing the mitigating measure;
(b)
estimate the net present value of the benefits of implementing the measure,
including:
(i) reductions in adverse environmental
impacts of the facility and any other benefits, that are readily quantifiable and
valued in monetary terms; and
(ii)
reductions in adverse impacts, and any other benefits, that are not readily
quantifiable or not readily valued in monetary terms.
(c) if (4)(a) is greater than (4)(b)(i), and
(4)(b)(ii) is not deemed significant, the mitigating measure is not cost-effective;
and
(d) if (4)(a) is less than or equal
to (4)(b)(i), or if (4)(a) is greater than (4)(b)(i) and (4)(b)(ii) is deemed to be
significant and sufficient to outweigh the value of (4)(a) minus (4)(b)(i), the
mitigating measure is cost-effective.
(5) All mitigating measures upon which the
department relies in its decision must be made conditions of the
certificate.
(6) For each facility and
associated facilities, a certificate of environmental compatibility must contain:
(a) an approved reclamation plan;
(b) an approved monitoring plan;
(c) any construction and reclamation bonds
required by the department;
(d) a set of
environmental specifications addressing measures to reduce impacts of construction,
operation, and decommissioning; and
(e)
a map, in electric format acceptable to the department, showing section lines, the
site boundary, location of the facility, facility components, and any associated
facility(ies).
(7) A
certificate holder must comply with all terms of a certificate of environmental
compatibility including, but not limited to, the items in (5) and (6)
above.
AUTH:
75-20-105, MCA; IMP:
75-20-301, MCA
