Mont. Code Ann. § 75-5-310 — MT Code / Title 75 / Chapter 5 / Part 3 / Section 75-5-310
75-5-310 Site-specific standards of water quality for aquatic life
Status: in_force

75-5-310 . Site-specific standards of water quality for aquatic life. (1) Notwithstanding any other provisions of this chapter and except as provided in subsection (2), the department, upon application by a permit applicant, permittee, or person potentially liable under any state or federal environmental remediation statute, shall adopt site-specific standards of water quality for aquatic life, both acute and chronic, as the standards of water quality required under 75-5-301 (2) and (3). The site-specific standards of water quality must be developed in accordance with the procedures set forth in draft or final federal regulations, guidelines, or criteria.

(2) If the department, based upon its review of an application submitted under subsection (1) and sound scientific, technical, and available site-specific evidence, determines that the development of site-specific criteria in accordance with draft or final federal regulations, guidelines, or criteria would not be protective of beneficial uses, the department, within 90 days of the submission of an application under subsection (1), shall notify the applicant in writing of its determination and of all additional procedures that the applicant is required to comply with in the development of site-specific standards of water quality under this section. If there is a dispute between the department and the applicant as to the additional procedures, the board shall, on the request of the department or the applicant, hear and determine the dispute. The board's decision must be based on sound scientific, technical, and available site-specific evidence.
Mont. Code Ann. § 75-7-106 — MT Code / Title 75 / Chapter 7 / Part 1 / Section 75-7-106
75-7-106 Junked motor vehicles as reinforcement prohibited -- penalty
Status: in_force

75-7-106 . Junked motor vehicles as reinforcement prohibited -- penalty. (1) It is unlawful to place junked motor vehicles or the body portion of junked motor vehicles between the channel banks of any stream or to reinforce banks of a stream with junked motor vehicles or the body portion of junked motor vehicles.

(2) A person who violates subsection (1) is subject to penalties as provided in 75-7-123 .
Mont. Code Ann. § 75-5-701 — MT Code / Title 75 / Chapter 5 / Part 7 / Section 75-5-701
75-5-701 Purpose
Status: in_force

75-5-701 . Purpose. Consistent with the policy established in 75-5-101 (2) to provide a comprehensive program for the prevention, abatement, and control of water pollution, the purpose of this part is to further direct the department to monitor state waters to accurately assess their quality and, when required, to develop total maximum daily loads for those water bodies identified as threatened or impaired.
Mont. Code Ann. § 75-10-208 — MT Code / Title 75 / Chapter 10 / Part 2 / Section 75-10-208
75-10-208 Department rulemaking authority for infectious waste
Status: in_force

75-10-208 . Department rulemaking authority for infectious waste. (1) Except as provided in subsection (2), the department shall adopt rules governing the inspection and regulation of the transportation and management of infectious waste as defined in 75-10-1003 .

(2) The department may not adopt rules to regulate:

(a) the generation of infectious waste; or

(b) infectious waste storage or transportation that is regulated under 75-10-1006 .
Mont. Code Ann. § 75-10-1201 — MT Code / Title 75 / Chapter 10 / Part 12 / Section 75-10-1201
75-10-1201 Definitions
Status: in_force

75-10-1201 . Definitions. As used in this part, the following definitions apply:

(1) "Board" means the board of environmental review provided for in 2-15-3502 .

(2) "Department" means the department of environmental quality provided for in 2-15-3501 .

(3) "Disposal" means the discharge, injection, deposit, dumping, spilling, leaking, or placing of septage into or onto the land or water.

(4) "Domestic sewage" means waste and wastewater from humans or household operations that are discharged to or otherwise enter a treatment works.

(5) "Industrial wastewater" means wastewater generated in a commercial or industrial process.

(6) "Person" means an individual, firm, partnership, association, corporation, city, town, local government entity, or other government or private entity, whether organized for profit or not.

(7) (a) "Septage" means liquid or solid material removed from a septic tank, cesspool, portable toilet, or similar treatment works that receives only domestic sewage.

(b) Septage does not include material removed from a septic tank, cesspool, or similar treatment works that receives industrial wastewater and does not include grease removed from a grease trap at a restaurant.

(8) "Treatment works" means a publicly owned or privately owned device or system used to treat, including to recycle and to reclaim, either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature.
Mont. Code Ann. § 75-7-215 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-215
75-7-215 Judicial enforcement and review
Status: in_force

75-7-215 . Judicial enforcement and review. The district court may hear and decide the following cases arising under this part within the district:

(1) a complaint and petition of a governing body or an interested person for an order to restore a lake to its previous condition or to enjoin further work in a lake;

(2) a petition of an interested person for review of a final action of a governing body upon an application for a permit;

(3) a petition of an interested person for review of an action of a governing body in adopting or amending regulations.
Mont. Code Ann. § 75-1-210 — MT Code / Title 75 / Chapter 1 / Part 2 / Section 75-1-210
75-1-210 Report to legislature
Status: in_force

75-1-210 . Report to legislature. State agencies as defined in 2-4-102 shall track the number and use of categorical exclusions and make those available upon request of the environmental quality council established in 5-16-101 .
Mont. Code Ann. § 75-6-132 — MT Code / Title 75 / Chapter 6 / Part 1 / Section 75-6-132
75-6-132 Plan review special revenue account
Status: in_force

75-6-132 . Plan review special revenue account. (1) There is a plan review special revenue account within the state special revenue fund established in 17-2-102 .

(2) There must be credited to the account the revenue from fees assessed, collected, and allocated pursuant to 75-6-108 (3).

(3) Funds from the account may be used only to pay department costs in implementing plan and specification review, as described in this part.
Mont. Code Ann. § 75-10-451 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-451
75-10-451 Halogenated solvents -- sale restricted -- proof of registration required -- procedure
Status: in_force

75-10-451 . Halogenated solvents -- sale restricted -- proof of registration required -- procedure. (1) It is unlawful for any person to distribute, sell, or offer for sale within the state quantities of 20 gallons or more of halogenated solvent annually to a single purchaser for commercial or government use unless the purchaser possesses proof of registration with the department.

(2) It is unlawful for any person to annually use 20 gallons or more of a halogenated solvent for commercial purposes without registering with the department.

(3) Under this section, halogenated solvents include but are not limited to solvents containing tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, and other hazardous wastes referenced in 40 CFR 261.31, United States environmental protection agency hazardous waste numbers F001 and F002, as amended.

(4) To register with the department, a person or government unit shall file a statement indicating the following:

(a) the person's or government unit's name and business address;

(b) the estimated volume of halogenated solvent used annually for commercial or government purposes; and

(c) the method of waste disposal in accordance with requirements specified by department rules, including:

(i) treatment or disposal in an onsite facility;

(ii) delivery to an appropriate offsite storage, treatment, or disposal facility;

(iii) beneficial use or reuse; or

(iv) legitimate recycling or reclamation.

(5) Pursuant to the requirements of subsection (4), the department shall:

(a) notify affected persons and government units of the requirements;

(b) prepare and distribute forms for the statement;

(c) prepare and distribute information to assist persons and government units in selecting appropriate methods to use, dispose of, or reuse waste halogenated solvents; and

(d) register any person or government unit who files a completed statement.

(6) This section does not authorize the department to impose new or additional requirements for waste disposal on commercial or government users of halogenated solvents.
Mont. Code Ann. § 75-20-232 — MT Code / Title 75 / Chapter 20 / Part 2 / Section 75-20-232
75-20-232 Criteria for identifying proposed facilities that qualify for expedited review
Status: in_force

75-20-232 . Criteria for identifying proposed facilities that qualify for expedited review. (1) In order for a facility to qualify for expedited review under 75-20-231 , the department shall make a significance determination of the impacts associated with a proposed facility. This determination is the basis of the department's decision concerning whether the proposed facility qualifies for expedited review.

(2) The department shall consider the following criteria in determining the significance of each impact that the proposed facility has on the quality of the human environment:

(a) the severity, duration, geographic extent, and frequency of occurrence of the impact;

(b) (i) the probability that the impact will occur if the proposed action occurs; or

(ii) reasonable assurance in keeping with the potential severity of an impact that the impact will not occur;

(c) growth-inducing or growth-inhibiting aspects of the impact, including the relationship or contribution of the impact to cumulative impacts;

(d) the quantity and quality of each environmental resource or value that would be affected, including the uniqueness and fragility of those resources or values;

(e) the importance to the state and to society of each environmental resource or value that would be affected;

(f) any precedent that would be set as a result of an impact of the proposed action that would commit the department to future actions with significant impacts or to a decision in principle about future actions;

(g) potential conflict with local, state, or federal laws, requirements, or formal plans;

(h) the degree to which the impacts on the human environment are likely to create a high level of public concern; and

(i) the economic importance and benefits to the state and the local community of the proposed facility.

(3) An impact may be adverse, beneficial, or both. If none of the adverse effects of the impact are significant, expedited review is required.
Mont. Code Ann. § 75-26-402 — MT Code / Title 75 / Chapter 26 / Part 4 / Section 75-26-402
75-26-402 Required setback for wind turbine generators
Status: in_force

75-26-402 . (Effective January 1, 2026) Required setback for wind turbine generators. After January 1, 2026, a wind turbine generator built pursuant to a wind energy agreement as described in 70-17-406 may not be constructed if the wind turbine tower is 500 feet or more in height, as measured from the natural ground level at the base of the tower to the tip of the turbine rotor blade, if the base of the tower is located at a distance of less than 1,500 feet from an occupied residence, unless a shorter setback distance is approved by the owner of the real property.