(a) (1) All processing and materials handling equipment and systems and control equipment within the license boundary must be constructed and maintained to comply with permit standards of the state Department of the Environment or any successor agency.
(2) (A) A licensee must not discharge any emission visible to a human observer from any processing or materials handling equipment or control equipment, except water vapor in an uncombined form.
(B) However, a licensee may discharge emissions that do not exceed 40% opacity (unaveraged) for not more than 6 minutes in any 60-minute period and not more than 12 minutes in any 24-hour period because of start-up, process modifications or adjustments, occasional cleaning, or non-negligent equipment malfunctions.
(3) (A) The licensee must report any excess emissions from any installation to the Department.
(B) The Director may establish specific excess emission duration limitations, stricter than those set in subsection (a)(2), and reporting requirements as a license condition.
(C) Any period of excess emissions does not comply with the license. The Director may consider any information reported by a licensee in deciding if any excess emission results from a legitimate installation malfunction or violates a license and this Chapter.
(b) A licensee or other person must not install or use any equipment or other device which, without reducing the total weight of any emission, conceals or dilutes any emission that would otherwise violate a license, this Chapter, or any other law.
(c) (1) Each licensee must use reasonable control measures to prevent particulate matter from becoming airborne.
(2) As part of any license application or renewal, the licensee must submit and the Director must approve a particulate control plan.
(3) The Director may require reasonable particulate control measures as license conditions.
(d) Except for stockpiles of product, excavation, and processing areas, any other disturbed area must be maintained in accordance with Chapter 19 and County regulations issued under it.
(e) The Director may require a licensee to install and maintain particulate and gas monitoring equipment to monitor control equipment performance. If the Director requires a licensee to install monitoring equipment after issuance or renewal of a license, the Director must give the licensee advance written notice that the monitoring equipment must be selected, sited, and installed with the concurrence of the Director. The licensee must make all data obtained from any monitoring equipment available to the Department on request.
(f) Emission or deposition of any material or substance beyond the license boundary violates the license and this Chapter.
(g) If the Director finds after reasonable investigation that a substance that is hazardous or toxic under federal, state, or County environmental, health, or safety laws or regulations is likely to be present in the air, water, or soil at or within one mile of a quarry in amounts that may be hazardous or toxic, the Director;
(1) may require further monitoring if the hazard is potentially continuous or recurring; and
(2) must order reasonable steps to remedy or abate the hazard, which may include periodic or continuous monitoring, testing, or analyses, or take other appropriate action to ensure maximum practicable protection of the public health and safety. (Mont. Co. Code 1965, § 98-14; 1972 L.M.C., ch. 16, § 5; 1981 L.M.C, ch.30, § 2.)