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Rule Title: EMERGENCY PUBLIC WATER CLOSURE CRITERIA
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Department: FISH, WILDLIFE, AND PARKS
Chapter: RECREATIONAL WATER USE
Subchapter: Public Water Closures Due to Fire Emergency
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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12.11.6603    EMERGENCY PUBLIC WATER CLOSURE CRITERIA

(1) The department may, pursuant to ARM 12.11.6601, adopt temporary emergency rules under the following criteria.

(a) The department receives written request for closure of public waters from the interagency fire management team or similar authority that provides the description of where to implement the fire closure.

(b) The department determines that firefighting efforts on or near the water creates imminent peril to the public health, safety, or welfare.

(c) The department determines that dangerous conditions exist on or near the water that creates imminent peril to public health, safety, or welfare.

(2) The department may reopen the waters by repealing a temporary emergency rule when it determines that firefighting efforts or dangerous conditions on or near the water have subsided to the extent that imminent peril to the public health, safety, and welfare no longer exists.

History: 87-1-303, MCA; IMP, 2-4-303, 87-1-303, MCA; NEW, 2008 MAR p. 1317, Eff. 6/27/08; AMD, 2009 MAR p. 2146, Eff. 11/13/09.


 

 
MAR Notices Effective From Effective To History Notes
12-356 11/13/2009 Current History: 87-1-303, MCA; IMP, 2-4-303, 87-1-303, MCA; NEW, 2008 MAR p. 1317, Eff. 6/27/08; AMD, 2009 MAR p. 2146, Eff. 11/13/09.
12-342 6/27/2008 11/13/2009 History: 87-1-303, MCA; IMP, 2-4-303, 87-1-303, MCA; NEW, 2008 MAR p. 1317, Eff. 6/27/08.
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