58th Legislature HB0700.02

- 1 - Authorized Print Version - HB 700 HOUSE BILL NO. 700 1

INTRODUCED BY BRUEGGEMAN, LAIBLE, MCCARTHY, A. OLSON, SHEA, TASH 2

3

A BILL FOR AN ACT ENTI TLED: "AN ACT REVISING LAWS RELATING TO THE ENVIRONMENT; 4

PROVIDING T HE BOARD OF ENVIRONMENTAL REVIEW WITH AUTHORITY FOR STAYING CERTAIN 5

ACTIONS; ALLOWING THE BOARD TO REQUIRE A WRITTEN UNDERTAKING; PROVIDING THAT UNDER 6

CERTAIN PERMIT HEARINGS AND APPEALS, THE BOARD OR A COURT MAY ASSESS ATTORNEY FEES 7

AND COSTS; AUTHORIZING THE BOARD TO ADOPT RULES FOR REGISTRATION OF SOURCES OF AIR 8

CONTAMINANTS AND GE NERAL PERMITS AND MULTIPLE SIMILAR SOURCES; AUTHORIZING THE 9

BOARD OF ENVIRONMENTAL REVIEW TO ADOPT RULES FOR GENERAL PERMITS FOR DISCHARGES 10

FROM CATEGORIES OF POINT SOURCES; AMENDING SECTIONS 75-2-111, 75-2-204, 75-2-211, 75-2-218, 11

75-2-221, AND 75-5-401, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE 12

APPLICABILITY DATE ." 13

14

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 15

16

Section 1. Section 75-2-111, MCA, is amended to read: 17

"75-2-111. Powers of board. The board shall, subject to the provisions of 75-2-207: 18

(1) adopt, amend, and repeal rules for the administration, implementation, and enforcement of this 19

chapter, for issuing orders under and in accordance with 42 U.S.C. 7419, and for fulfilling the requirements of 20

42 U.S.C. 7420 and regulations adopted pursuant thereto to that section ; 21

(2) hold hearings relating to any aspect of or matter in the administration of this chapter at a place 22

designated by the board. The board may compel the attendance of witnesses and the production of evidence 23

at hearings. The board shall designate an attorney to assist in conducting hearings and shall appoint a reporter 24

who must be present at all hearings and take full stenographic notes of all proceedings, transcripts of which will 25

be available to the public at cost. 26

(3) issue orders necessary to effectuate the purposes of this chapter; 27

(4) by rule require access to records relating to emissions; 28

(5) by rule adopt a schedule of fees required for permits

, and permit applications, and registrations 29

consistent with this chapter; 3058th Legislature HB0700.02

- 2 - Authorized Print Version - HB 700 (6) have the power to issue orders under and in accordance with 42 U.S.C. 7419." 1

2

Section 2. Section 75-2-204, MCA, is amended to read: 3

"75-2-204. Rules relating to construction, installation, alteration, operation, or use. The board may 4

by rule prohibit the construction, installation, alteration, operation, or use of a machine, equipment, device, or 5

facility that it finds may directly or indirectly cause or contribute to air pollution or that is intended primarily to 6

prevent o r control the emission of air pollutants, unless a permit the owner or operator has been obtained a 7

permit under this part or has registered the source of air contaminants with the department if the source is in a 8

category for which only registration is required by the rules adopted to implement this part ." 9

10

Section 3. Section 75-2-211, MCA, is amended to read: 11

"75-2-211. (Temporary) Permits for construction, installation, alteration, or use. (1) The board shall 12

by rule provide for the issuance, modification, suspension, revocation, and renewal of a permit issued under this 13

part. 14

(2) Except as provided in 75-1-208(4)(b) a nd [section 7] , not later than 180 days before construction, 15

installation, or alteration begins or as a condition of use of any machine, equipment, device, or facility that the 16

board finds may directly or indirectly cause or contribute to air pollution or that is intended primarily to prevent 17

or control the emission of air pollutants, the owner or operator shall file with the department the appropriate 18

permit application on forms available from the department except as provided in subsection (12). 19

(3) The permit program administered by the department pursuant to this section must include the 20

following: 21

(a) requirements and procedures for permit applications, including standard application forms; 22

(b) requirements and procedures for submittal of information necessary to determine the location, 23

quantity, and type of emissions; 24

(c) procedures for public notice and opportunity for comment or public hearing, as appropriate; 25

(d) procedures for providing notice and an opportunity for comment to contiguous states and federal 26

agencies, as appropriate; 27

(e) requirements for inspection, monitoring, recordkeeping, and reporting; 28

(f) procedures for the transfer of permits; 29

(g) requirements and procedures for suspension, modification, and revocation of permits by the 3058th Legislature HB0700.02

- 3 - Authorized Print Version - HB 700 department; 1

(h) requirements and procedures for appropriate emission limitations and other requirements, including 2

enforceable measures necessary to ensure compliance with those limitations and requirements; 3

(i) requirements and procedures for permit modification and amendment; and 4

(j) requirements and procedures for issuing a single permit authorizing emissions from similar 5

operations at multiple temporary loc ations, which permit may include conditions necessary to ensure compliance 6

with the requirements of this chapter at all authorized locations and a requirement that the owne r or operator 7

notify the department in advance of each change in location. 8

(4) This section does not restrict the board's authority to adopt regulations providing for a single air 9

quality permit system. 10

(5) Department approval of an application to transfer a portable emission source from one location to 11

another is exempt from the provisions of 75-1-201(1). 12

(6) The department may, for good cause shown, waive or shorten the time required for filing the 13

appropriate applications. 14

(7) The department shall require that applications for permits be accompanied by any plans, 15

specifications, and other information that it considers necessary. 16

(8) An application is not considered filed until the applicant has submitted all fees required under 17

75-2-220 and all information and completed application forms required pursuant to subsections (2), (3), and (7) 18

of this section. If the department fails to notify the applicant in writing within 30 days after the purported filing of 19

an application that the application is incomplete and fails to list the reasons why the application is considered 20

incomplete, the application is considered filed as of the date of the purported filing. 21

(9) (a) Except as provided in 75-1-208(4)(b), if an application for a permit requires the preparation of 22

an environmental impact statement under the Montana Env ironmental Policy Act, Title 75, chapter 1, parts 1 23

through 3, the department shall notify the applicant in writing of the approval or denial of the application within: 24

(i) 180 days after the department's receipt of a filed application, as provided in subsection (8), if the 25

department prepares the environmental impact statement; 26

(ii) 30 days after issuance of the final environmental impact statemen t by the lead agency if a state 27

agency other than the department has been designated by the governor as lead agency for preparation of the 28

environmental impact statement; or 29

(iii) if the application is for a machine, equipment, a device, or a facility at an operation that requires a 3058th Legislature HB0700.02

- 4 - Authorized Print Version - HB 700 permit under Title 82, chapter 4, part 1, 2, or 3, 30 days of issuance of the final environmental impact statement 1

in accordance with time requirements of Title 82, chapter 4, part 1, 2, or 3. 2

(b) If an application does not require the preparation of an environmental impact statement, the 3

department shall notify the applicant in writing within 60 days after its receipt of a filed application, as provided 4

in subsection (8), of its approval or denial of the application. The time for notification may be extended for 30 5

days by written agreement of the department and the applicant. Additional 30-day extensions may be granted 6

by the de partment on request of the applicant. Notification of approval or denial may be served personally or 7

by certified mail on the applicant or the applicant's agent. 8

( c) If an application for a permit is for the construction, installation, alteration, or use of a source that 9

is a lso required to obtain a license pursuant to 75-10-221 or a permit pursuant to 75-10-406, the department 10

shall act on the permit application within the time period provided for in 75-2-215(3)(e). 11

(d) Failure by the department to act in a timely manner does not constitute approval or denial of the 12

application. This does not limit or abridge the right of any person to seek available judicial remedies to require 13

the department to act in a timely manner. 14

(10) When the department approves or denies the application for a permit under this section, a person 15

who is jointly or severally adversely affected by the depa rtment's decision may request a hearing before the 16

board. The request for hearing must be filed within 15 days after the department renders its decision and must 17

include an affidavit setting forth the grounds for the request. The conteste d case provisions of the Montana 18

Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing before the boa rd under this 19

subsection. 20

(11) (a) The department's decision on the application is not final unless until 15 days have elapsed from 21

the date of the decision and there is no req uest for a hearing under this section. The filing of a request for a 22

hearing postpones the effective date of the department's decision until the conclusion of the hearing and 23

issuance of a final decision by the board

. 24

(b) The filing of a request for hearing does not stay the department's decision. However, the board may 25

order a stay upon receipt of a petition and a finding, after notice and opportunity for hearing, that: 26

(i) the person requesting the stay is entitled to the relief demanded in the request for a hearing; or 27

(ii) continuation of the permit during the appeal would produce great or irreparable injury to the person 28

requesting the stay. 29

(c) Upon granting a stay, the board may require a written undertaking to be given by the party 3058th Legislature HB0700.02

- 5 - Authorized Print Version - HB 700 requesting the stay for the payment of costs and damages incurred by the permit applicant and its employees 1

if the board determines that the permit was properly issued. When requiring an undertaking, the board shall use 2

the same procedures and limitations as are provided in 27-19-306(2) through (4) for undertakings on injunctions. 3

(d) If the department or the permit applicant is the substantially prevailing party regarding the board's 4

final decision, the board shall order any third party requesting the hearing to pay to both the department and the 5

permit applicant their respectiv e reasonable attorney fees, including salaries of staff attorneys and costs incurred 6

to respond to a third party's hearing request and associated contested case proceedings. 7

(e) If a decision of the board is appealed or subjected to review by a district court as a result of an 8

appeal or request for review of a third party and the department's or the board's dec ision to issue a permit is 9

upheld, the district court shall award the permit applicant and the department their reasonable attorney fees and 10

costs associated with the contested case proceedings, administrative hearings, and judicial review or appeal. 11

(12) (a) Except as provided in subsections (12)(b) and (12)(c), an applicant who has received a written 12

notice that its application is considered filed pursuant to subsection (8) may: 13

(i) for a temporary power generation unit or units with a total electrical generation capacity of not more 14

than 125 megawatts, construct the unit or units. Operation of the unit or units may commence upon the 15

department's issuance of a permit under this section. 16

(ii) for a temporary power generation unit or units with a total electrical g enerating capacity of 10 17

megawatts or less, construct and operate the unit or units. 18

(b) The construction or operation of a temporary power generation unit or units described in subsection 19

(12)(a) is not in violation of this part unless the operation of the temporary power generation unit or units 20

continues after a department decision to deny the permit application becomes final as provided in this section. 21

(c) (i) A permit applicant shall discontinue construction or operation of a temporary power generation 22

unit or units if the applicant is notified by the department in writing that the applicant has failed to submit by the 23

department's deadline any additional information that is necessary to process the permit application. 24

(ii) The oper ation of a permit applicant's temporary power generation unit or units described in 25

subsection (12)(a) may not violate ambient air quality standards. 26

(d) A permit issued under this part and pursuant to the provisions of this subsection (12) must expire 27

no later than 2 years from the date that the department received the permit application and must require removal 28

of the te mporary power generation unit or units upon expiration of the permit unless an air quality permit for 29

permanent operation has been issued. 3058th Legislature HB0700.02

- 6 - Authorized Print Version - HB 700 (13) (a) The board may adopt rules for issuance, modification, suspension, revocation, renewal, or 1

creation of: 2

(i) general permits covering multiple similar sources; or 3

(ii) other permits covering multiple similar sources. 4

(b) Rules adopted pursuant to subsection (13)(a) may provide for construction and operation under the 5

permit upon authorization by the department or upon notice to the department. (Terminates July 1, 2005--sec. 6

4, Ch. 588, L. 2001.) 7

75-2-211. (Effective July 1, 2005) Permits for construction, installation, alteration, or use. (1) The 8

board shall by rule provide for the issuance, modification, suspension, re vocation, and renewal of a permit 9

issued under this part. 10

(2) Except as provided in 75-1-208(4)(b) and [section 7]

, not later than 180 days before construction, 11

installation, or alteration begins or as a condition of use of any machine, equipment, device, or facility that the 12

board finds may directly or indirectly cause or contribute to air pollution or that is intended primarily to prevent 13

or control the emission of air pollutants, the owner or operator shall file with the department the appropriate 14

permit application on forms available from the department. 15

(3) The permit program administered by the department pursuant to this section must include the 16

following: 17

(a) requirements and procedures for permit applications, including standard application forms; 18

(b) requirements and procedures for submittal of information necessary to determine the location, 19

quantity, and type of emissions; 20

(c) procedures for public notice and opportunity for comment or public hearing, as appropriate; 21

(d) procedures for providing notice and an opportunity for comment to contiguous states and federal 22

agencies, as appropriate; 23

(e) requirements for inspection, monitoring, recordkeeping, and reporting; 24

(f) procedures for the transfer of permits; 25

(g) requirements and procedures for suspension, modification, and revocation of permits by the 26

department; 27

(h) requirements and procedures for appropriate emission limitations and other requirements, including 28

enforceable measures necessary to ensure compliance with those limitations and requirements; 29

(i) requirements and procedures for permit modification and amendment; and 3058th Legislature HB0700.02

- 7 - Authorized Print Version - HB 700 (j) requirements and procedures for issuing a single permit authorizing emissions from similar 1

operations a t multiple temporary locations, which permit may include conditions necessary to ensure compliance 2

with the requirements of this chapter at all authorized locations and a r equirement that the owner or operator 3

notify the department in advance of each change in location. 4

(4) This section does not restrict the board's authority to adopt regulations providing for a single air 5

quality permit system. 6

(5) Department approval of an application to transfer a portable emission source from one location to 7

another is exempt from the provisions of 75-1-201(1). 8

(6) The department may, for good cause shown, waive or shorten the time required for filing the 9

appropriate applications. 10

(7) The department shall require that applications for permits be accompanied by any plans, 11

specifications, and other information that it considers necessary. 12

(8) An application is not considered filed until the applicant has submitted all fees required under 13

75-2-220 and all information and completed application forms required pursuant to subsections (2), (3), and (7) 14

of this section. If the department fails to notify the applicant in writing within 30 days after the purported filing of 15

an application that the application is incomplete and fails to list the reasons why the application is considered 16

incomplete, the application is considered filed as of the date of the purported filing. 17

(9) (a) Except as provided in 75-1-208(4)(b), if an application for a permit requires the preparation of 18

an envi ronmental impact statement under the Montana Environmental Policy Act, Title 75, chapter 1, parts 1 19

through 3, the department shall notify the applicant in writing of the approval or denial of the application within: 20

(i) 180 days after the department's receipt of a filed application, as provided in subsection (8), if the 21

department prepares the environmental impact statement; 22

(ii) 30 days after issuance of the final environmental impact statement by the lead agency if a state 23

agency other than the department has been designated by the governor as lead agency for preparation of the 24

environmental impact statement; or 25

(iii) if the application is for a machine, equipment, a device, or a facility at an operation that requires a 26

permit under Title 82, chapter 4, part 1, 2, or 3, 30 days of issuance of the final environmental impact statement 27

in accordance with time requirements of Title 82, chapter 4, part 1, 2, or 3. 28

(b) If an application does not require the preparation of an environmental impact statement, the 29

department shall notify the applicant in writing within 60 days after its receipt of a filed application, as provided 3058th Legislature HB0700.02

- 8 - Authorized Print Version - HB 700 in subsection (8), of its approval or denial of the application. The time for notification may be extended for 30 1

days by written agreement of the department and the applicant. Additional 30-day extensions may be granted 2

by the department on request of the applicant. Notification of approval or denial may be served personally or 3

by certified mail on the applicant or the applicant's agent. 4

(c) If an application for a permit is for the construction, installation, alteration, or use of a source that 5

is also required to obtain a license pursuant to 75-10-221 or a permit pursu ant to 75-10-406, the department 6

shall act on the permit application within the time period provided for in 75-2-215(3)(e). 7

(d) Failure by the department to act in a timely manner does not constitute approval or denial of the 8

application. This does not limit or abridge the right of any person to seek available judicial remedies to require 9

the department to act in a timely manner. 10

(10) When the department approves or denies the application for a permit under this section, a person 11

who is jointly or seve rally adversely affected by the department's decision may request a hearing before the 12

board. The request for hearing must be filed within 15 days after the department renders its decision and must 13

include an affidavit setting forth the g rounds for the request. The contested case provisions of the Montana 14

Administrative Procedure Act, T itle 2, chapter 4, part 6, apply to a hearing before the board under this 15

subsection. 16

(11) (a) The department's decision on the application is not final unless until 15 days have elapsed from 17

the date of the decision and the re is no request for a hearing under this section. The filing of a request for a 18

hearing postpones the effective date of the depar tment's decision until the conclusion of the hearing and 19

issuance of a final decision by the board. 20

(b) The filing of a request for hearing does not stay the department's decision. However, the board may 21

order a stay upon receipt of a petition and a finding, after notice and opportunity for hearing, that: 22

(i) the person requesting the stay is entitled to the relief demanded in the request for a hearing; or 23

(ii) continuation of the permit during the appeal would produce great or irreparable injury to the person 24

requesting the stay. 25

(c) Upon granting a stay, the board may require a written undertaking to be given by the party 26

requesting the stay for the payment of costs and damages incurred by the permit applicant and its employees 27

if the board determines that the permit was properly issued. When requiring an undertaking, the board shall use 28

the same procedures and limitations as are provided in 27-19-306(2) through (4) for undertakings on injunctions. 29

(d) If the department or the permit applicant is the substantially prevailing party regarding the board's 3058th Legislature HB0700.02

- 9 - Authorized Print Version - HB 700 final decision, the board shall order any third party requesting the hearing to pay to both the department and the 1

permit applicant their respective reasonable attorney fees, including salaries of staff attorneys and costs incurred 2

to respond to a third party's hearing request and associated contested case proceedings. 3

(e) If a decision of the board is appealed or subjected to review by a district court as a result of an 4

appeal or request for review of a third party and the department's or the board's decision to issue a permit is 5

upheld, the district court shall award the permit applicant and the department their reasonable attorney fees and 6

costs associated with the contested case proceedings, administrative hearings, and judicial review or appeal. 7

(12) (a) The board may adopt r ules for issuance, modification, suspension, revocation, renewal, or 8

creation of: 9

(i) general permits covering multiple similar sources; or 10

(ii) other permits covering multiple similar sources. 11

(b) Rules adopted pursuant to subsection (13)(a) may provide for construction and operation under the 12

permit upon authorization by the department or upon notice to the department. " 13

14

Section 4. Section 75-2-218, MCA, is amended to read: 15

"75-2-218. Permits for operation -- application completeness -- action by department -- 16

application shield

-- review by board. (1) An application for an operating permit or renewal is not considered 17

filed until the department has determined that it is complete. An application is complete if all fees required under 18

75-2-220 and all information and completed application forms required under 75-2-217 have been submitted. 19

A complete application must contain all of the information required for the department to begin processing the 20

application. If the department fails to notify the applicant in writing within 60 days after submittal of an application 21

that the application is incomplete and fails to list the reasons why the application is considered incomplete, the 22

application is considered filed on the date of the department's receipt of the application. The department may 23

request additional information after a completeness determination has been made. The department shall adopt 24

rules that contain criteria for use in determining both when an application is complete and when additional 25

information is required after a completeness determination has been made. 26

(2) Except as provided in 75-1-208(4)(b) and subsection (3) of this section, the department shall, 27

consistent with the procedures established under 75-2-217, approve or disapprove a complete application for 28

an operating permit or renewal and shall issue or deny the permit or renewal within 18 months after the date of 29

filing. Failure of the department to act in a timely manner does not constitute approval or denial of the 3058th Legislature HB0700.02

- 10 - Authorized Print Version - HB 700 application. This does not limit or abridge the right of any person to seek available judicial remedies to require 1

the department to act in a timely manner. 2

(3) The board may by rule provide for a transition schedule for both the submittal to the department of 3

initial applications for operating permits by existing sources and action by the department on these initial permit 4

applications. The board may require that one-third of all operating permit applications required for ex isting 5

sources be submitted within the first calendar year after the adoption of rules implementing an operating permit 6

program under 75-2-217. 7

(4) If an applicant submits a timely and complete application for an operating permit, the applicant's 8

failure to hold a valid operating permit is not a violation of 75-2-217. If an applicant submits a timely and 9

complete application for an operating permit renewal, the expiration of the applicant's existing operating permit 10

is not a violation of 75-2-217. The app licant shall continue to be subject to the terms and conditions of the 11

expired operating permit until the operating permit is renewed and is subject to the application of 75-2-217. The 12

applicant is not entitled to the protection of this subsection if the delay in final action by the department on the 13

application results from the applicant's failure to submit in a timely manner information requested by the 14

department to process the application. 15

(5) Except as provided in subsection (8), if the department approves or denies an application for an 16

operating permit or the renewal, modification, or amendment of a permit under 75-2-217 and this section, any 17

p erson that participated in the public comment process required under 75-2-217(7) may request a hearing befo r e 18

the board. The request for a hearing must be filed within 30 days after the department renders its decision and 19

must include an affidavit setting forth the grounds for the request. The contested case provisions of the Montana 20

Administrative Pr ocedure Act, Title 2, chapter 4, part 6, apply to a hearing before the board under this 21

subsection. 22

(6) (a) Except as provided in subsection (8), the department's decision on any application is not final 23

until 30 days have elapsed from the date of the decision and there is no request for a hearing under this section. 24

The filing of a request for a hearing postpones the effective date of the department's decision until the conclusion 25

of the hearing and issuance of a final decision by the board

. 26

(b) Except as provided in subsection (8), the filing of a request for hearing does not stay the 27

department's decision. However, the board may order a stay upon receipt of a petition and a finding, after notice 28

and opportunity for an informal hearing, that: 29

(i) the person requesting the hearing is entitled to the relief demanded in the request for a hearing; or 3058th Legislature HB0700.02

- 11 - Authorized Print Version - HB 700 (ii) continuation of the permit during the appeal would produce great or irreparable injury to the person 1

requesting the hearing. 2

(c) Upon granting a stay, the board may require a written undertaking to be given by the party 3

requesting the stay for the payment of costs and damages incurred by the permit applicant and its employees 4

if the board determines that the permit was properly issued. When requiring an undertaking, the board shall use 5

the same procedures and limitations as are provided in 27-19-306(2) through (4) for undertakings on injunctions. 6

(d) If the department or the permit applicant is the substantially prevailing party regarding the board's 7

final decision, the board shall order any third party requesting the hearing to pay to both the department and the 8

permit applicant their respective reasonable attorney fees, including salaries of staff attorneys and costs incurred 9

to respond to a third party's hearing request and associated contested case proceedings. 10

(e) If a decision of the board is appealed or subjected to review by a district court as a result of an 11

appeal or request for review of a third par ty and the department's or the board's decision to issue a permit is 12

upheld, the district court shall award the permit applicant and the department their reasonable attorney fees and 13

costs associated with the contested case proceedings, administrative hearings, and judicial review or appeal. 14

(7) The requirements of subsections (5) and (6) a lso apply to any action initiated by the department to 15

suspend, revoke, modify, or amend an operating permit issued under this section. 16

(8) The denial by the department of an application under 75-2-217 and this section is not subject to 17

review by the board or judicial review if the basis for denial is the written objection of the appropriate federal 18

agency acting pursuant to the federal Clean Air Act, 42 U.S.C. 7401, et seq. 19

(9) Compliance with an operating permit granted or renewed under 75-2-217 and this section is 20

considered to be compliance with the requirements of this chapter only if the permit expressly includes those 21

requirements or an express determination that those requirements are not applicable. This subsection does not 22

apply to general permits provided for under 75-2-217." 23

24

Section 5. Section 75-2-221, MCA, is amended to read: 25

"75-2-221. Deposit of air quality permitting fees. (1) All money collected by the department pursuant 26

to 75-2-111 and 75-2-220 must be deposited in an account in the state special revenue fund to be appropriated 27

by the legislature to the department for the development and administration of the permitting requirements of 28

this chapter. 29

(2) Upon request, the expenditure by the department of funds in this account may be audited by a 3058th Legislature HB0700.02

- 12 - Authorized Print Version - HB 700 qualified auditor at the end of each fiscal year. The cost of the audit must be paid by the person requesting the 1

audit." 2

3

Section 6. Section 75-5-401, MCA, is amended to read: 4

"75-5-401. Board rules for permits -- ground water exclusions. (1) Except as provided in subsection 5

(5), the board shall adopt rules: 6

(a) governing application for permits to discharge sewage, industrial wastes, or other wastes into state 7

waters, including rules requiring the filing of plans and specifications relating to the construction, modification, 8

or operation of disposal systems; 9

(b) governing the issuance, denial, modification, or revocation of permits. The board may not require 10

a permit for a water conveyance structure or for a natural spring if the water discharged to state waters does not 11

contain industrial waste, sewage, or other wastes. Discharge to surface water of ground water that is not altered 12

from its ambient quality does not constitute a discharge requiring a permit under this part if: 13

(i) the discharge does not contain industrial waste, sewage, or other wastes; 14

(ii) the water discharged does not cause the receiving waters to exceed app licable standards for any 15

parameters; and 16

(iii) to the extent that the receiving waters in their ambient state exceed standards for any parameters, 17

the discharge does not increase the concentration of the parameters. 18

(c) governing authorization to discharge under a general permit for storm water associated with 19

construction activity. These rules must allow an owner or operator to notify th e department of the intent to be 20

covered under the general permit. This notice of intent must include a signed pollution prevention plan that 21

requires the applicant to implement best management practices in accordance with the general permit. The rules 22

must authorize the owner or operator to discharge under the general permit on receipt of the notice and plan by 23

the department. 24

(2) The rules must allow the issuance or continuance of a permit only if the department finds that 25

operation consistent with the limitations of the permit will not result in pollution of any state waters, except that 26

the rules may allow the issuance of a temporary perm it under which pollution may result if the department 27

ensures that the permit contains a compliance schedule designed to meet all applicable effluent standards and 28

water quality standards in the shortest reasonable period of time. 29

(3) The rules must provide that the department may revoke a permit if the department finds that the 3058th Legislature HB0700.02

- 13 - Authorized Print Version - HB 700 holder of the permit has violated its terms, unless the department also finds that the violation was accidental and 1

unforeseeable and that the holder of the permit corrected the condition resulting in the violation as soon as was 2

reasonably possible. 3

(4) The board may adopt rules governing reclamation of sites disturbed by construction, modification, 4

or operation of permitted activities for which a bond is voluntaril y filed by a permittee pursuant to 75-5-405, 5

including rules for the establishmen t of criteria and procedures governing release of the bond or other surety 6

and release of portions of a bond or other surety. 7

(5) Discharges of sewage, industrial wastes, or other wastes into state ground waters from the following 8

activities or operations are not subject to the ground water permit requirements adopted under subsections (1) 9

through (4): 10

(a) discharges or activities at wells injecting fluids associated with oil and gas exploration and production 11

regulated under the federal underground injection control program; 12

(b) disposal by solid waste management systems licensed pursuant to 75-10-221; 13

(c) individuals disposing of their own normal household wastes on their own property; 14

(d) hazardous waste management facilities permitted pursuant to 75-10-406; 15

(e) water injection wells, reserve pits, and produced water pits used in oil and gas field operations and 16

approved pursuant to Title 82, chapter 11; 17

(f) agricultural irrigation facilities; 18

(g) storm water disposal or storm water detention facilities; 19

(h) subsurface disposal systems for sanitary wastes serving individual residences; 20

(i) in situ mining of uranium facilities controlled under Title 82, chapter 4, part 2; 21

(j) mining operations subject to operating permits or exploration licenses in compliance with The Strip 22

and Underground Mine Reclamation Act, Title 82, chapter 4, part 2, or the metal mine reclamation laws, Title 23

82, chapter 4, part 3; or 24

(k) projects reviewed under the provisions of the Montana Major Facility Siting Act, Title 75, chapter 20. 25

(6) Notwithstanding the provisions of 75-5-301(4), mixing zones for activities excluded from permit 26

requirements under subsection (5) of this section must be established by the permitting agency for those 27

activities in accordance with 75-5-301(4)(a) through (4)(c). 28

(7) Notwithstanding the exclusions set forth in subsection (5), any excluded source that the department 29

determines may be causing or is likely to cause violations of ground water quality standards may be required 3058th Legislature HB0700.02

- 14 - Authorized Print Version - HB 700 to submit monitoring information pursuant to 75-5-602. 1

(8) The board may adopt rules identifying other activities or operations from which a discharge of 2

sewage, industrial wastes, or other wastes into state ground waters is not subject to th e ground water permit 3

requirements adopted under subsections (1) through (4). 4

(9) The board may adopt rules authorizing general permits for categories of point source discharges. 5

The rules may authorize discharge upon issuance of a n individual authorization by the department or upon 6

receipt of a notice of intent to be covered under the general permit. " 7

8

NEW SECTION. S ection 7. Registration. The board may adopt rules for the registration of certain 9

classes of sources of air contaminants in lieu of a permit application required under 75-2-211(2). 10

11

NEW SECTION. S ection 8. Codification instruction. [Section 7] is intended to be codified as an 12

integral part of Title 75, chapter 2, part 2, and the provisions of Title 75, chapter 2, part 2, apply to [section 7]. 13

14

NEW SECTION. S ECTION 9. S EVERABILITY

. I F A PART OF [ THIS ACT ] IS INVALID

, ALL VALID PARTS THAT ARE 15

SEVERABLE FROM THE INVAL ID PART REMAIN IN EFFECT

. I F A PART OF [ THIS ACT ] IS INVALID IN ONE OR MORE OF ITS 16

APPLICATIONS

, THE PART REMAINS IN EFF ECT IN ALL VALID APPLICATIONS THAT ARE SEVERABLE FROM THE INVALID 17

APPLICATIONS

. 18

19

NEW SECTION. Section 10. Effective date. [This act] is effective on passage and approval. 20

21

NEW SECTION. S ECTION 11. R ETROACTIVE APPL ICABILITY

. [S ECTIONS 3 AND 4] APPLY RETROACTIVELY

, 22

WITHIN THE MEANING OF 1-2-109, TO A REQUEST FOR A HEARING OR AN APPEAL FILED ON OR AFTER J ANUARY 1, 2003. 23

- END - 24