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17.20.603    CONTENTS OF NOTICE OF REQUEST FOR WAIVER PURSUANT TO 75-20-304 (1) , MCA

(1) For a waiver of provisions described in 75-20-304 (1) , MCA, the notice of request for waiver must contain the following information:

(a) an explanation of the need or demand for the proposed facility as described in subchapter 9, including a demonstration of the immediate and urgent need for the facility and nature of the consequences that would follow from a failure to obtain a waiver;

(b) a description of alternatives to the proposed facility which were considered and an explanation of the reasons for selecting the proposed facility;

(c) a description of the site for a non-linear facility or proposed location for the proposed linear facility, alternative sites or locations which were considered, an explanation of the reasons for selecting the proposed site or location, and a description of the significant environmental advantages and disadvantages of the proposed and alternate locations;

(d) a description of the circumstances which prevented the applicant from determining that a need for the proposed facility existed sufficiently in advance to comply with the requirements of the Act; and

(e) a listing of the provisions of the Act and this chapter for which the waiver is requested.

History: 75-20-105, MCA; IMP, 75-20-105, 75-20-304, MCA; NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; AMD, 2005 MAR p. 252, Eff. 2/11/05.

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