Mont. Admin. r. 17.8.132 - CREDIBLE EVIDENCE

(1) For the purpose of submitting a compliance certification required pursuant to this chapter, or establishing whether or not a person has violated or is in violation of any standard or limitation adopted pursuant to this chapter or Title 75, chapter 2, MCA, nothing in these rules shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with such standard or limitation if the appropriate performance or compliance test procedures or methods had been performed. However, when compliance or noncompliance is demonstrated by a test or procedure provided by permit or other applicable requirement, the owner or operator shall then be presumed to be in compliance or noncompliance unless that presumption is overcome by other relevant credible evidence.

Notes

Mont. Admin. r. 17.8.132

NEW, 2000 MAR p. 3363, Eff. 12/8/00.

75-2-111, 75-2-201, 75-2-203, 75-2-217, MCA; IMP, 75-2-203, 75-2-217, MCA;