Mont. Admin. R. 17.30.1379 - STAYS OF CONTESTED PERMIT CONDITIONS
(1)
If a request to the department for review of an MPDES permit is granted, the
effect of the contested permit conditions must be stayed and may not be subject
to judicial review pending final action by the department. If the permit
involves a new source, new discharger, or a recommencing discharger, the
applicant shall be without a permit for the proposed new facility, source, or
discharger pending final action by the department.
(2) Uncontested conditions which are not
severable from those contested must be stayed together with the contested
conditions. Stayed provisions of permits for existing facilities and sources
must be identified by the department. All other provisions of the permit for
the existing facility or source must remain fully effective and
enforceable.
Notes
75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA;
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