75-20-211. Application -- filing and contents -- proof of service and notice. (1) (a) An applicant shall file with the department an application for a certificate under this chapter and for the permits required under the laws administered by the department in the form that is required under applicable rules, containing the following information:
     (i) a description of the proposed location and of the facility to be built;
     (ii) a summary of any studies that have been made of the environmental impact of the facility;
     (iii) for facilities defined in 75-20-104(8)(a) and (8)(b), a statement explaining the need for the facility, a description of reasonable alternate locations for the facility, a general description of the comparative merits and detriments of each location submitted, and a statement of the reasons why the proposed location is best suited for the facility;
     (iv) (A) for facilities as defined in 75-20-104(8)(a) and (8)(b), baseline data for the primary and reasonable alternate locations; or
     (B) for facilities as defined in 75-20-104(8)(c), baseline data for the proposed location and, at the applicant's option, any alternative locations acceptable to the applicant for siting the facility;
     (v) at the applicant's option, an environmental study plan to satisfy the requirements of this chapter; and
     (vi) other information that the applicant considers relevant or that the department by order or rule may require.
     (b) A copy or copies of the studies referred to in subsection (1)(a)(ii) must be filed with the department, if ordered, and must be available for public inspection.
     (2) An application may consist of an application for two or more facilities in combination that are physically and directly attached to each other and are operationally a single operating entity.
     (3) An application must be accompanied by proof of service of a copy of the application on the chief executive officer of each unit of local government, county commissioner, city or county planning boards, and federal agencies charged with the duty of protecting the environment or of planning land use in the area in which any portion of the proposed facility is proposed or is alternatively proposed to be located and on the following state government agencies:
     (a) environmental quality council;
     (b) department of public service regulation;
     (c) department of fish, wildlife, and parks;
     (d) department of natural resources and conservation;
     (e) department of transportation.
     (4) The copy of the application must be accompanied by a notice specifying the date on or about which the application is to be filed.
     (5) An application must also be accompanied by proof that public notice of the application was given to persons residing in the area in which any portion of the proposed facility is proposed or is alternatively proposed to be located, by publication of a summary of the application in those newspapers that will substantially inform those persons of the application.

     History: En. Sec. 6, Ch. 327, L. 1973; amd. Sec. 1, Ch. 115, L. 1974; amd. Sec. 2, Ch. 268, L. 1974; amd. Sec. 1, Ch. 270, L. 1975; amd. Sec. 6, Ch. 494, L. 1975; amd. Sec. 1, Ch. 179, L. 1977; R.C.M. 1947, 70-806(part); amd. Sec. 1, Ch. 553, L. 1979; amd. Sec. 4, Ch. 676, L. 1979; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 3, Ch. 539, L. 1981; amd. Sec. 2, Ch. 312, L. 1987; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 217, Ch. 418, L. 1995; amd. Sec. 538, Ch. 546, L. 1995; amd. Sec. 9, Ch. 329, L. 1997; amd. Sec. 5, Ch. 293, L. 2001; amd. Sec. 208, Ch. 483, L. 2001.