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Rule Title: CONTENTS OF PETITION FOR PLAN AMENDMENT
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Department: COMMERCE, DEPARTMENT OF
Chapter: HARD-ROCK MINING IMPACT BOARD
Subchapter: Procedural Rules
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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8.104.217    CONTENTS OF PETITION FOR PLAN AMENDMENT

(1) Under certain circumstances the mineral developer or the governing body of an affected county (on its own behalf or on behalf of another affected government unit within the county) may petition the board to amend an approved impact plan. The requirements and procedures for petitioning to amend a plan are provided in 90-6-311, MCA, and a petition for an amendment must include or identify the following:

(a) when applicable, a copy of a resolution, dated and signed by the governing body of each local government unit that is requesting the amendment, authorizing the county to submit the petition for the amendment of the impact plan;

(b) date of the petition;

(c) the name of the mineral developer;

(d) county in which mineral development is located;

(e) name, address, phone number and signature(s) of each petitioner (county and/or mineral developer) ;

(f) all local government units believed by the petitioner to be affected by the proposed amendment;

(g) as required by 90-6-311(2) , MCA, an explanation of the need for an amendment, a statement of the facts and circumstances underlying the need for an amendment, and a description of the corrective measures proposed by the petitioner;

(h) the costs and commitments identified in the approved plan which will be changed as a result of the proposed amendment, with the relevant pages in the plan cited;

(i) other provisions of the approved plan which may be changed by the proposed amendment, with the relevant pages cited and substitute language proposed that will make the plan consistent throughout;

(j) a statement as to which of the following is the legal basis for the petition:

(i) that the plan itself provides for amendment under certain conditions and that those conditions have been met with the conditions specified and the pages on which they are established cited. The petitioner must establish that the conditions have been met;

(ii) that employment at the large-scale mineral development is forecast to increase or decrease by at least 75 persons, as determined under 90-6-302(4) , MCA, over or under the employment levels contemplated by the approved impact plan;

(iii) that the approved impact plan is materially inaccurate because of errors in assessment and that two years have not elapsed since the date the facility began commercial production with the date the facility began commercial production indicated; or

(iv) that the governing body of an affected county and the mineral developer are joining in the petition to amend the impact plan.

History: Sec. 90-6-305, MCA; IMP, Sec. 90-6-311, MCA; NEW, 1986 MAR p. 1826, Eff. 10/31/86; AMD 1994 MAR p. 2718, Eff. 10/14/94.


 

 
MAR Notices Effective From Effective To History Notes
10/14/1994 Current History: Sec. 90-6-305, MCA; IMP, Sec. 90-6-311, MCA; NEW, 1986 MAR p. 1826, Eff. 10/31/86; AMD 1994 MAR p. 2718, Eff. 10/14/94.
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