(A) Exemptions. Nothing in this chapter shall be construed as limiting the ability of U.S. Environmental Protection Agency (EPA) or Montana Department of Environmental Quality (DEQ) to act on the Comprehensive Environmental Cleanup and Responsibility Act (CECRA) or any other environmental authority, to act under or to restrict restoration actions by the Montana Department of Justice natural resource damage program or other law or any other federal or state natural resources trustee.
(B) Waivers.
(1) Waivers to prior conditional use permit approval to allow for emergency repair and replacement of severely damaged facilities, such as public or private transportation facilities, water and sewer facilities, and flood control works and similarly important infrastructure or grounds may be authorized by the City Planner if:
(a) Upon notification and prior to the emergency repair and/or replacement, the City Planner determines that an emergency condition exists warranting immediate action;
(b) The actions and emergency waiver are in compliance with and properly address other applicable laws and regulations, including but not limited to, the city floodplain regulations; and
(c) The City Planner agrees upon the nature and type of the proposed emergency repair and/or replacement.
(2) (a) Authorization (waivers) to undertake emergency repair and replacement work may be given verbally by the City Planner if he or she states that written authorization would unduly delay the emergency works.
(b) Such verbal authorization must be followed by a written authorization describing the emergency condition and the type of emergency work agreed upon and stating that a verbal authorization had been previously given.
(3) Upon authorizing any waiver, the City Planner will immediately notify DEQ of the waiver by quickest possible means.
(a) Montana DEQ may then commence soil testing and remediation efforts if required.
(b) After DEQ actions, the City Planner and DEQ will consult to determine whether conditional use permit review will be required.
(Prior Code, § 11.01.250.040) (Ord. 171, passed 9-17-2018; Ord. 2021-15, passed 12-20-2021)