75-8-108. Remediation plan -- appeal -- venue.
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75-8-108 . Remediation plan -- appeal -- venue.
(a)Subject to subsection (1)(b), an owner or any person whose interests are or may be materially adversely affected by a final decision of the department to approve or modify a remediation plan under this part may file for judicial review of the department's decision. The request for judicial review and a statement of the basis for the review must be filed with the court within 30 days of the department's decision.
(b)In order for a person to file a request for review under subsection (1)(a), a person must have either submitted comments to the department on a remediation plan or submitted comments at a public meeting held in accordance with 75-8-106 (5), or the person must be challenging a change made by the department between the draft and final plan.
(2)An owner may appeal the department's decision on a plan by submitting a request for judicial review. The request for judicial review and the statement of the basis for the review must be filed with the court within 30 days of the department's decision.
(3)In considering a request for review under this part, the court shall uphold the decision made by the department unless the objecting person can demonstrate, on the administrative record, that the department's decision was arbitrary and capricious or otherwise not in accordance with the law.
(4)A petition for judicial review under this section must be brought in the first judicial district, Lewis and Clark County.