75-20-232. Criteria for identifying proposed facilities that qualify for expedited review
75-20-232. Criteria for identifying proposed facilities that qualify for expedited review. (1) In order for a facility to qualify for expedited review under 75-20-231, the department shall make a significance determination of the impacts associated with a proposed facility. This determination is the basis of the department’s decision concerning whether the proposed facility qualifies for expedited […]
75-20-301. Decision of department — findings necessary for certification
75-20-301. Decision of department — findings necessary for certification. (1) Within 30 days after issuance of the report pursuant to 75-20-216 for facilities defined in 75-20-104(10)(a) and (10)(b), the department shall approve a facility as proposed or as modified or an alternative to a proposed facility if the department finds and determines: (a) the basis of the […]
75-20-302. Conditions imposed
75-20-302. Conditions imposed. (1) If the department determines that the location of all or a part of the proposed facility should be modified, it may condition its certificate upon the modification, provided that the department consulted the applicant and the persons residing in the area affected by the modification have been given reasonable notice of the […]
75-20-303. Opinion issued with decision — contents
75-20-303. Opinion issued with decision — contents. (1) In rendering a decision on an application for a certificate, the department shall issue an opinion stating its reasons for the action taken. (2) If the department has found that any regional or local law or regulation that would be otherwise applicable is unreasonably restrictive, it shall state in […]
75-20-304. Waiver of provisions of certification proceedings
75-20-304. Waiver of provisions of certification proceedings. (1) The department may waive compliance with any of the provisions of 75-20-216 and this part if the applicant makes a clear and convincing showing to the department at a public hearing that an immediate, urgent need for a facility exists and that the applicant did not have knowledge […]
75-20-221. Repealed
75-20-221. Repealed. Sec. 24, Ch. 329, L. 1997. History: En. Sec. 8, Ch. 327, L. 1973; amd. Sec. 8, Ch. 494, L. 1975; R.C.M. 1947, 70-808; amd. Sec. 2, Ch. 553, L. 1979; amd. Sec. 13, Ch. 676, L. 1979; amd. Sec. 224, Ch. 418, L. 1995; amd. Sec. 7, Ch. 583, L. 1995.
75-20-222. Repealed
75-20-222. Repealed. Sec. 24, Ch. 329, L. 1997. History: En. Sec. 9, Ch. 327, L. 1973; amd. Sec. 9, Ch. 494, L. 1975; R.C.M. 1947, 70-809(1), (2); amd. Sec. 14, Ch. 676, L. 1979.
75-20-223. Board review of department decisions
75-20-223. Board review of department decisions. (1) (a) A person aggrieved by the final decision of the department on an application for a certificate or the issuance of an air or water quality decision, opinion, order, certification, or permit under this chapter may within 30 days appeal the decision to the board. Except as provided in this […]
75-20-224. reserved
75-20-224 reserved.
75-20-225. Repealed
75-20-225. Repealed. Sec. 14, Ch. 293, L. 2001. History: En. Sec. 3, Ch. 155, L. 1985; amd. Sec. 225, Ch. 418, L. 1995; amd. Sec. 540, Ch. 546, L. 1995; amd. Sec. 13, Ch. 329, L. 1997.