§ 75-7-113 — Emergencies -- Procedure

Montana § 75-7-113

• Jurisdiction: Montana
• Title 75: ENVIRONMENTAL PROTECTION
• Ch. 7: AQUATIC ECOSYSTEM PROTECTIONS
• Part 1: Streambeds

Text

75-7-113 . Emergencies -- procedure. (1) The provisions of this part do not apply to those actions that are necessary to safeguard life or property, including growing crops, during periods of emergency. The person responsible for taking action under this section shall notify the supervisors in writing within 15 days of the action taken as a result of an emergency.
(2) The emergency notice given under subsection (1) must contain the following information:
(a) the location of the action taken;
(b) a general description of the action taken;
(c) the date on which the action was taken; and
(d) an explanation of the emergency causing the need for the action taken.
(3) If the supervisors determine that the action taken meets the definition of a project, the supervisors shall send one copy of the notice, within 5 working days of its receipt, to the department.
(4) (a) Except as provided in subsection (4)(b), a team called together as described in 75-7-112 (2) shall make an onsite inspection within 20 days of receipt of the emergency notice.
(b) If the governor declares a state of emergency pursuant to 10-3-303 , the team shall make an onsite inspection within 30 days of receipt of the emergency notice.
(5) (a) Except as provided in subsection (5)(b), each member of the team shall recommend in writing, within 30 days of the date of the emergency notice, the member's denial, approval, or modification of the project.
(b) If the governor declares a state of emergency pursuant to 10-3-303 , each member of the team shall recommend in writing, within 40 days of the date of the emergency notice, the member's denial, approval, or modification of the project.
(6) The supervisors shall review the emergency project and affirm, overrule, or modify the individual team recommendations and notify the applicant and team members of their decision within 60 days of receipt of the emergency notice.
(7) A person who has undertaken an emergency action that is denied or modified shall submit written notice, as provided in 75-7-111 , to obtain approval pursuant to 75-7-112 to mitigate the damages to the stream caused by the emergency action and to achieve a long-term solution, if feasible, to the emergency situation. Notice under this subsection must be filed within 90 days after the supervisors' decision.
(8) (a) When a member of the team, other than an applicant, disagrees with the supervisors' decision of an emergency action, the team member shall request that an arbitration panel, as provided for in 75-7-114 , be appointed to hear the dispute and to make a final written decision on the dispute.
(b) When an applicant disagrees with the supervisors' decision, the applicant shall, within 30 working days of receipt of the supervisors' decision:
(i) agree to arbitration under this section and request that an arbitration panel, as provided for in 75-7-114 , be appointed to hear the dispute and make a final written decision regarding the dispute; or
(ii) appeal the decision of the supervisors to the district court for the county where the project is located.
(9) The failure of a person to perform the following subjects the person to civil and criminal penalties under 75-7-123 :
(a) failure to provide emergency notice under subsection (1);
(b) failure to submit a notice of the project under subsection (7); or
(c) failure to implement the terms of a supervisors' decision for the purpose of mitigating the damage to the stream caused by the emergency action and of achieving a permanent solution, if feasible, to the emergency situation.

Legislative History

En. 26-1517 by Sec. 8, Ch. 463, L. 1975; amd. Sec. 2, Ch. 140, L. 1977; R.C.M. 1947, 26-1517; amd. Sec. 5, Ch. 426, L. 1995; amd. Sec. 3, Ch. 581, L. 2003; amd. Sec. 2, Ch. 124, L. 2019; amd. Sec. 1, Ch. 180, L. 2025.