Legals for October, 13 2020
Notice of Public Hearing on Proposed Water Quality Standards Before the Montana Board of Environmental Review and Department of Environmental Quality On September 24, 2020, the Board of Environmental Review (board) initiated rulemaking on proposed amendments of Administrative Rules of Montana (ARM) 17.30.602 and a proposed rule (NEW RULE l) pertaining to selenium standards for Lake Koocanusa and the Kootenai River. On November 5, 2020, at 10 a.m., the board and the Department of Environmental Quality (department) will hold a virtual public hearing, via Zoom, to consider the proposed amendment and proposed adoption of the rule. More information is available on the department's website, including instruction on how to attend remotely, which will be updated on a regular basis, at https://deq.mt.gov/water/Surfacewater/standards. In 2016, the U.S. Environmental Protection Agency (EPA) updated its national selenium criteria guidance published pursuant to section 304(a) of the federal Clean Water Act. The guidance included a recommendation that States, and Tribes develop site-specific selenium standards, whenever possible, due to local environmental factors affecting selenium bioaccumulation in aquatic ecosystems. In 2015, the department began coordinating with an international working group consisting of U.S. and Canadian stakeholders to develop site-specific selenium criteria for Lake Koocanusa. The technical work was undertaken in collaboration with the British Columbia Ministry of Environment and Climate Change Strategy and a selenium committee comprised of scientists recognized for their selenium expertise. There was significant stakeholder collaboration and input throughout the multi-year standards development process. Proposed NEW RULE I contains two classes of selenium standards; fish tissue standards, which limit the amount of selenium allowed to accumulate in different tissues, and water column standards, which are derived from bioaccumulation modeling and intended to limit selenium accumulation in fish tissue. Proposed fish tissue standards applicable to Lake Koocanusa and the mainstem Kootenai River include 15.1 mg/kg (egg/ovary), 11.3 mg/kg (muscle), and 8.5 mg/kg (whole body). Proposed water column numeric standards for total dissolved selenium are set at 3.1 µ/L for the mainstem of the Kootenai River and 0.8 µ/L for Lake Koocanusa. It is necessary to adopt the proposed numeric selenium standards to incorporate the best available science on selenium toxicity and protect selenium-sensitive aquatic life in Lake Koocanusa and the Kootenai River. The proposed fish tissue and water column standards for the mainstem Kootenai River are based on EPA's current 304(a) criteria for flowing waters. The proposed fish tissue and water column standards for Lake Koocanusa are based on EPA 304(a) fish tissue criteria, and site-specific water column criteria derived following procedures set forth by EPA in the 304(a) guidance. Data, views, or arguments concerning NEW RULE I may be provided either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Sandy Scherer, Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov; no later than 5:00 pm on November 23, 2020. The board will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Sandy Scherer no later than 5:00 p.m., October 29, 2020, to advise us of the nature of the accommodation that you need. Please contact Sandy Scherer at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov. Published In The Western News October 13, 20, & 27, 2020. MNAXLP
Legal Notice The following is the complete text of an amendment to the Montana Constitution to be submitted to the voters of the state of Montana at the November 3, 2020 General Election. The text below is being published per the requirement of 13-27-311(1) MCA, by Secretary of State Corey Stapleton. Text underlined below shows text to be added. THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 118 (CI-118) Section 1. Article II, section 14, of the Montana Constitution is amended to read: "Section 14. Adult Rights.A person 18 years of age or older is an adult for all purposes, except that the legislature or the people by initiative may establish the legal age for purchasing, consuming, or possessing alcoholic beverages and marijuana." Ballot Language CONSTITUTIONAL INITIATIVE NO. 118 A CONSTITUTIONAL AMENDMENT PROPOSED BY INITIATIVE PETITION Under the Montana Constitution, a person 18 years of age or older is an adult, except that the legislature or the people by initiative may establish the legal age of purchasing, consuming, or possessing alcoholic beverages. CI-118 amends the Montana Constitution to allow the legislature or the people by initiative to establish the legal age for purchasing, consuming, or possessing marijuana. [] YES on Constitutional Initiative CI-118 [] NO on Constitutional Initiative CI-118 Published In The Western News September 15, 22 & October 13, 20, 2020. MNAXLP
Legal Notice The following is the ballot statement of an amendment to the Montana Constitution to be submitted to the voters of the state of Montana at the November 3, 2020 General Election. The text below is being published per the requirement of 13-27-311(2) MCA, by Secretary of State Corey Stapleton. CONSTITUTIONAL AMENDMENT NO. 47 AN AMENDMENT TO THE CONSTITUTION PROPOSED BY THE LEGISLATURE AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE III, SECTION 4, OF THE MONTANA CONSTITUTION TO REVISE THE METHOD OF QUALIFYING AN INITIATIVE FOR THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. The 2019 Legislature submitted this constitutional amendment for a vote. C-47 modifies the state constitution to specify proposed petitions for citizen ballot initiatives must be signed by at least five percent of the qualified electors in one-third of the legislative districts. It repeals a different standard found to be unconstitutional in 2005. ( )YES on Constitutional Amendment C-47 ( )NO on Constitutional Amendment C-47 Published In The Western News September 15, 22 & October 13, 20, 2020. MNAXLP
Legal Notice The following is the ballot statement of an amendment to the Montana Constitution to be submitted to the voters of the state of Montana at the November 3, 2020 General Election. The text below is being published per the requirement of 13-27-311(2) MCA, by Secretary of State Corey Stapleton. CONSTITUTIONAL AMENDMENT NO. 46 AN AMENDMENT TO THE CONSTITUTION PROPOSED BY THE LEGISLATURE AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE XIV, SECTION 9, OF THE MONTANA CONSTITUTION TO REVISE THE METHOD OF QUALIFYING A CONSTITUTIONAL AMENDMENT BY INITIATIVE FOR THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. The 2019 Legislature submitted this constitutional amendment for a vote. C-46 modifies the state constitution to specify proposed petitions for constitutional amendments from the people must be signed by at least ten percent of the qualified electors in two-fifths of the legislative districts. It repeals a different standard found to be unconstitutional in 2005. ( )YES on Constitutional Amendment C-46 ( ) NO on Constitutional Amendment C-46 Published In The Western News September 15, 22 & October 13, 20, 2020. MNAXLP