ARM 4.12.742. PRE-EXISTING FACILITIES

(1) If after an inspection the department determines that a facility in existance prior to October 1, 1985 is not in compliance with the provisions in the Anhydrous Ammonia Facility Safety Act or these rules and that noncompliance may constitute a safety hazard then the department shall: (a) notify the owner in writing that the facility is not in compliance and that the noncompliance may constitute a safety hazard; (b) provide the owner an opportunity for a hearing to determine if continued noncompliance with the act constitutes a safety hazard. (2) If following a hearing the department determines the facility constitutes a safety hazard then the department shall notify the owner of the determination and it may seek remedies provided in 80-10-303 MCA.