Montana Code Annotated 1995

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     75-20-503. Environmental factors evaluated. In evaluating long-range plans, conducting 5-year site reviews, and evaluating applications for certificates, the board and department shall give consideration to the following list of environmental factors, where applicable, and may by rule add to the categories of this section:
     (1) energy needs:
     (a) growth in demand and projections of need;
     (b) availability and desirability of alternative sources of energy;
     (c) availability and desirability of alternative sources of energy in lieu of the proposed facility;
     (d) promotional activities of the utility which may have given rise to the need for this facility;
     (e) socially beneficial uses of the output of this facility, including its uses to protect or enhance environmental quality;
     (f) conservation activities which could reduce the need for more energy;
     (g) research activities of the utility of new technology available to it which might minimize environmental impact;
     (2) land use impacts:
     (a) area of land required and ultimate use;
     (b) consistency with areawide state and regional land use plans;
     (c) consistency with existing and projected nearby land use;
     (d) alternative uses of the site;
     (e) impact on population already in the area, population attracted by construction or operation of the facility itself;
     (f) impact of availability of energy from this facility on growth patterns and population dispersal;
     (g) geologic suitability of the site or route;
     (h) seismologic characteristics;
     (i) construction practices;
     (j) extent of erosion, scouring, wasting of land, both at site and as a result of fossil fuel demands of the facility;
     (k) corridor design and construction precautions for transmission lines or aqueducts;
     (l) scenic impacts;
     (m) effects on natural systems, wildlife, plant life;
     (n) impacts on important historic architectural, archaeological, and cultural areas and features;
     (o) extent of recreation opportunities and related compatible uses;
     (p) public recreation plan for the project;
     (q) public facilities and accommodation;
     (r) opportunities for joint use with energy-intensive industries or other activities to utilize the waste heat from facilities;
     (s) opportunities for using public lands for location of facilities whenever as economically practicable as the use of private lands and compatible with the requirements of this section;
     (3) water resources impacts:
     (a) hydrologic studies of adequacy of water supply and impact of facility on streamflow, lakes, and reservoirs;
     (b) hydrologic studies of impact of facilities on ground water;
     (c) cooling system evaluation, including consideration of alternatives;
     (d) inventory of effluents, including physical, chemical, biological, and radiological characteristics;
     (e) hydrologic studies of effects of effluents on receiving waters, including mixing characteristics of receiving waters, changed evaporation due to temperature differentials, and effect of discharge on bottom sediments;
     (f) relationship to water quality standards;
     (g) effects of changes in quantity and quality on water use by others, including both withdrawal and in situ uses;
     (h) relationship to projected uses;
     (i) relationship to water rights;
     (j) effects on plant and animal life, including algae, macroinvertebrates, and fish population;
     (k) effects on unique or otherwise significant ecosystems, e.g., wetlands;
     (l) monitoring programs;
     (4) air quality impacts:
     (a) meteorology--wind direction and velocity, ambient temperature ranges, precipitation values, inversion occurrence, other effects on dispersion;
     (b) topography--factors affecting dispersion;
     (c) standards in effect and projected for emissions;
     (d) design capability to meet standards;
     (e) emissions and controls:
     (i) stack design;
     (ii) particulates;
     (iii) sulfur oxides;
     (iv) oxides of nitrogen; and
     (v) heavy metals, trace elements, radioactive materials, and other toxic substances;
     (f) relationship to present and projected air quality of the area;
     (g) monitoring program;
     (5) solid wastes impacts:
     (a) solid waste inventory;
     (b) disposal program;
     (c) relationship of disposal practices to environmental quality criteria;
     (d) capacity of disposal sites to accept projected waste loadings;
     (6) radiation impacts:
     (a) land use controls over development and population;
     (b) wastes and associated disposal program for solid, liquid, radioactive, and gaseous wastes;
     (c) analyses and studies of the adequacy of engineering safeguards and operating procedures;
     (d) monitoring--adequacy of devices and sampling techniques;
     (7) noise impacts:
     (a) construction period levels;
     (b) operational levels;
     (c) relationship of present and projected noise levels to existing and potential stricter noise standards;
     (d) monitoring--adequacy of devices and methods.

     History: En. Sec. 16, Ch. 327, L. 1973; amd. Sec. 16, Ch. 494, L. 1975; R.C.M. 1947, 70-816; amd. Sec. 2, Ch. 69, L. 1979; amd. Sec. 23, Ch. 676, L. 1979.

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