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18-9/20/12 Montana Administrative Register

BEFORE THE DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION OF THE STATE OF MONTANA

In the matter of the repeal of ARM
36.14.102, 36.14.103, 36.14.105,
36.14.801, the amendment of ARM
36.14.101, 36.14.201, 36.14.203,
36.14.204, 36.14.206 through
36.14.208, 36.14.301, 36.14.401,
36.14.402, 36.14.803, and the adoption
of New Rule I regarding dam safety and
permitting
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NOTICE OF REPEAL,
AMENDMENT, AND
ADOPTION


To: All Concerned Persons

1. On J une 21, 2012, the Department of Natural Resources and
Conservation published MAR Notice No. 36-22-167 regarding a notice of public
hearing on the proposed repeal, amendment, and adoption of the above-stated rules
at page 1234 of the 2012 Montana Administrative Register, Issue No. 12.

2. The department has repealed ARM 36.14.102, 36.14.103, 36.14.105, and
36.14.801 as proposed.

3. The department has amended ARM 36.14.101, 36.14.203, 36.14.204,
36.14.206 through 36.14.208, 36.14.301, 36.14.401, 36.14.402, 36.14.803 as
proposed.

4. The department has adopted New Rule I (36.14.209) as proposed.

5. The department has amended ARM 36.14.201 as proposed, but with the
following changes from the original proposal, new matter underlined, deleted matter
interlined:

36.14.201 WHO HAS TO APPLY FOR HAZARD DETERMINATION
(1) remains as proposed.
(a) Dams already classified as high-hazard are not required to reapply for a
hazard determination. This requirement applies even if the department performed a
hazard determination on previous construction to the dam or reservoir and found it
not to be a high-hazard dam.
(2) remains as proposed.
(a) wastewater pond dams that are subject to regulation under the
Department of Environmental Quality (DEQ) and will be constructed according to
DEQ regulations;
(b) through (f) remain as proposed.

AUTH: 85-15-110, MCA
IMP: 85-15-106, MCA
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Montana Administrative Register 18-9/20/12

6. In addition to the amendments referenced in the comments and responses
below, the department has amended ARM 36.14.201(1)(a) to clarify the original
intent of the amendment, which was that the owner of a dam that has already been
classified as high-hazard would not need to apply for a hazard classification.

7. The department has thoroughly considered the comments received. A
summary of the comments received and the department's responses are as follows:

COMMENT 1: Several commenters expressed their support or stated they had no
comment on the proposed changes.

RESPONSE 1: DNRC thanks the commenters for their input.

COMMENT 2: Commenter noted that there are older wastewater pond dams that
were not constructed under current DEQ rules. It may be necessary for DNRC to
complete a classification.

RESPONSE 2: DNRC agrees and ARM 36.14.201(2)(a) has been amended to
clarify that dams must be constructed under DEQ regulations.


DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

/s/ Mary Sexton /s/ Fred Robinson
MARY SEXTON FRED ROBINSON
Director Rule Reviewer
Natural Resources and Conservation


Certified to the Secretary of September 10, 2012.