Montana Code 75-8-105. Remediation plan
75-8-105. Remediation plan. (1) No later than 3 months after a coal-fired generating unit is retired and no earlier than 5 years prior to a coal-fired generating unit’s planned retirement, an owner shall submit a proposed remediation plan that contains:
Terms Used In Montana Code 75-8-105
- Affected property: means the property owned by or under the control of an owner that is affected by a coal-fired generating unit, including:
(i)land, surface water, or ground water directly affected by the coal-fired generating unit, associated impoundments, disposal and waste operations, buildings, structures, or other improvements or operations infrastructure; and
(ii)areas affected by activities necessary to the closure and dismantling of the coal-fired generating unit. See Montana Code 75-8-103
- Coal-fired generating unit: means an individual unit of a coal-fired electrical generating facility located in Montana, where the unit has a generating capacity that is greater than or equal to 200 megawatts. See Montana Code 75-8-103
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-8-103
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Operator: means the person engaged in operating or undertaking remediation actions at a coal-fired generating unit. See Montana Code 75-8-103
- Owner: means a person who has a legal or equitable interest in property subject to this part or the person's legal representative. See Montana Code 75-8-103
- Property: means real and personal property. See Montana Code 1-1-205
- Reasonably anticipated future uses: means likely future land or resource uses that take into consideration:
(a)local land and resource use regulations, ordinances, restrictions, or covenants;
(b)historical and anticipated uses of a site where a coal-fired generating unit is located;
(c)patterns of development in the immediate area; and
(d)relevant indications of anticipated land use from an operator or owner, or both, of a coal-fired generating unit, affected property owners, and local planning officials. See Montana Code 75-8-103
- Remediation: means all actions required by an applicable legal obligation directed exclusively toward achieving a degree of cleanup required in accordance with 75-8-107. See Montana Code 75-8-103
- retire: means the complete and permanent closure of a coal-fired generating unit. See Montana Code 75-8-103
(a)the name of the operator of the coal-fired generating unit and the names and addresses of all owners of the coal-fired generating unit;
(b)a general overview of the site where the unit is located, the unit itself, and affected property;
(c)the current and reasonably anticipated future uses of affected property; and
(d)remediation information, including:
(i)a list of reports, studies, or other evaluations related to remediation and specific remediation measures already completed or under way pursuant to any applicable legal obligation; and
(ii)the manner in which the remediation measures satisfy the requirements of 75-8-107 and a description of how the owner will comply.
(2)(a) If a coal-fired generating unit has more than one owner, the owners may jointly submit a remediation plan in accordance with this part.
(b)If the owners are unable to submit a joint plan, then each owner of the coal-fired generating unit that is being retired or is retired is responsible for meeting the requirements of this part. If separate plans are filed, the department shall ensure that the plans detail legal obligations. If there is a conflict in the plans, the department shall reconcile the conflict to ensure that the plans are consistent with existing law and legal obligations.
(3)A plan required pursuant to subsection (1) may consist of a plan for more than one unit that is retired at the same time and planned for simultaneous remediation.
(4)The filing of a plan is not a commitment to retire a coal-fired generating unit on any particular date that is not otherwise required by an applicable legal obligation.