reglab/housing_qa huggingface dataset:
MT Code § 75-5-222 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-222. State regulation for natural conditions

  75-5-222. State regulation for natural conditions. (1) The department may not apply a standard to a water body for water quality that is more stringent than the nonanthropogenic condition of the water body. For the parameters for which the applicable standards are more stringent than the nonanthropogenic condition, the standard is the nonanthropogenic condition of the parameter in the water body. The department shall implement the standard in a manner that provides for the water quality standards for downstream waters to be attained and maintained.  (2) (a) For water bodies where the standard is more stringent than the condition of the water body but subsection (1) is not applicable, the department shall adopt rules consistent with comparable federal rules and guidelines providing criteria and procedures for the department to issue variances from standards if:   (i) the condition cannot reasonably be expected to be remediated during the permit term for which the application for variance has been received; and   (ii) the discharge to which the variance applies would not materially contribute to the condition.   (b) A variance issued pursuant to subsection (2)(a) must be reviewed every 5 years and may be modified or terminated as a result of the review.   History: En. Sec. 1, Ch. 378, L. 2015; amd. Sec. 33, Ch. 324, L. 2021.
MT Code § 75-5-302 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-302. Revising classifications in accordance with existing, present, and future most beneficial uses of water bodies

  75-5-302. Revising classifications in accordance with existing, present, and future most beneficial uses of water bodies. When the department is presented with facts indicating that a body of water is not properly classified in accordance with its existing, present, and future most beneficial uses, the department shall, within 90 days, evaluate the facts. If the department determines that the water body is not properly classified, the department shall initiate rulemaking to properly classify the water body in accordance with its existing, present, and future most beneficial uses. Action pursuant to this section is subject to 75-5-307.  History: En. Sec. 6, Ch. 21, L. 1971; amd. Sec. 2, Ch. 506, L. 1973; amd. Sec. 62, Ch. 349, L. 1974; amd. Sec. 5, Ch. 455, L. 1975; amd. Sec. 3, Ch. 444, L. 1977; R.C.M. 1947, 69-4808.2(1)(c)(i); amd. Sec. 6, Ch. 497, L. 1995; amd. Sec. 2, Ch. 539, L. 1995; amd. Sec. 1, Ch. 131, L. 2015; amd. Sec. 35, Ch. 324, L. 2021.
MT Code § 75-5-304 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-304. Adoption of standards -- pretreatment, effluent, performance

  75-5-304. Adoption of standards -- pretreatment, effluent, performance. (1) The department shall:  (a) adopt pretreatment standards for wastewater discharged into a municipal disposal system;   (b) adopt effluent standards as defined in 75-5-103;   (c) adopt toxic effluent standards and prohibitions;   (d) establish standards of performance for new point source discharges; and   (e) adopt rules necessary to ensure the primacy of the department to regulate cooling water intake structures under 33 U.S.C. 1326(b).   (2) In taking action under subsection (1), the department shall ensure that the standards are cost-effective and economically, environmentally, and technologically feasible.   History: En. Sec. 6, Ch. 21, L. 1971; amd. Sec. 2, Ch. 506, L. 1973; amd. Sec. 62, Ch. 349, L. 1974; amd. Sec. 5, Ch. 455, L. 1975; amd. Sec. 3, Ch. 444, L. 1977; R.C.M. 1947, 69-4808.2(1)(h); amd. Sec. 7, Ch. 497, L. 1995; amd. Sec. 1, Ch. 156, L. 2013; amd. Sec. 37, Ch. 324, L. 2021.
MT Code § 75-5-306 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-306. Purer than natural unnecessary -- dams -- definition

  75-5-306. Purer than natural unnecessary -- dams -- definition. (1) It is not necessary that wastes be treated to a purer condition than the natural condition of the receiving stream as long as the minimum treatment requirements established under this chapter are met.   (2) "Natural" refers to conditions or material present from runoff or percolation over which humans have no control or from developed land where all reasonable land, soil, and water conservation practices have been applied. Conditions resulting from the reasonable operation of dams on July 1, 1971, are natural.   History: En. Sec. 121, Ch. 197, L. 1967; amd. Sec. 1, Ch. 21, L. 1971; amd. Sec. 1, Ch. 455, L. 1975; R.C.M. 1947, 69-4801(2); amd. Sec. 2494, Ch. 56, L. 2009.
MT Code § 75-5-307 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-307. Hearings required for classification, formulation of standards, and rulemaking

  75-5-307. Hearings required for classification, formulation of standards, and rulemaking. (1) Before streams are classified or standards established or modified or rules made, revoked, or modified, the department shall hold a public hearing. Notice of the hearing specifying the waters concerned and the classification, standards, or modification of them and any rules proposed to be made, revoked, or modified must be published at least once a week for 3 consecutive weeks in a daily newspaper of general circulation in the area affected. Notice must be mailed directly to persons the department believes may be affected by the proposed action. The council must be given not less than 30 days prior to first publication to comment on the proposed action.  (2) At a hearing held under this section, the department shall give all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. The department may make rules for the orderly conduct of the hearing but need not require compliance with the rules of evidence or procedure applicable to hearings held under 75-5-611.   History: En. Sec. 134, Ch. 197, L. 1967; amd. Sec. 12, Ch. 21, L. 1971; R.C.M. 1947, 69-4814; amd. Sec. 39, Ch. 324, L. 2021.
MT Code § 75-5-308 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-308. Short-term water authorizations -- water quality standards

  75-5-308. Short-term water authorizations -- water quality standards. (1) Because these activities promote the public interest, the department may, if necessary, authorize short-term exemptions from the water quality standards for the following activities:  (a) emergency remediation activities that have been approved, authorized, or required by the department; and   (b) application of a pesticide that is registered by the United States environmental protection agency pursuant to 7 U.S.C. 136(a) when it is used to control nuisance aquatic organisms or to eliminate undesirable and nonnative aquatic species.   (2) An authorization must include conditions that minimize, to the extent practicable, the magnitude of any change in the concentration of the parameters affected by the activity and the length of time during which any change may occur. The authorization must also include conditions that prevent significant risk to public health and that ensure that existing and designated uses of state water are protected and maintained upon completion of the activity. Authorizations issued under this section may include conditions that require water quality or quantity monitoring and reporting. In the performance of its responsibilities under this section, the department may negotiate operating agreements with other departments of state government that are intended to minimize duplication in review of activities eligible for authorizations under this section.   (3) An authorization to use a pesticide does not relieve a person from the duty to comply with Title 80, chapters 8 and 15. The department may not authorize an exemption from water quality standards for an activity that requires a discharge permit under rules adopted pursuant to 75-5-401.   History: En. Sec. 2, Ch. 340, L. 1993; amd. Sec. 2, Ch. 588, L. 1999; amd. Sec. 40, Ch. 324, L. 2021.
MT Code § 75-5-309 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-309. Repealed

  75-5-309. Repealed. Sec. 3, Ch. 378, L. 2015.   History: En. Sec. 1, Ch. 497, L. 1995.
MT Code § 75-5-310 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-310. Site-specific standards of water quality for aquatic life

  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.   History: En. Sec. 2, Ch. 497, L. 1995; amd. Sec. 41, Ch. 324, L. 2021.
MT Code § 75-5-313 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-313. Repealed

  75-5-313. Repealed. Sec. 9, Ch. 342, L. 2021.  History: En. Sec. 2, Ch. 267, L. 2009; amd. Sec. 3, Ch. 267, L. 2011; amd. Sec. 5, Ch. 122, L. 2015.
MT Code § 75-5-314 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-314. Repealed

  75-5-314. Repealed. Sec. 9, Ch. 342, L. 2021.  History: En. Sec. 4, Ch. 267, L. 2011.
MT Code § 75-5-315 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-315. Outstanding resource waters -- statement of purpose

  75-5-315. Outstanding resource waters -- statement of purpose. (1) The legislature, understanding the requirements of applicable federal law and the uniqueness of Montana's water resource, recognizes that certain state waters are of such environmental, ecological, or economic value that the state should, upon a showing of necessity, prohibit, to the greatest extent practicable, changes to the existing water quality of those waters. Outstanding resource waters must be afforded the greatest protection feasible under state law, after thorough examination.  (2) The purpose of 75-5-316 and this section is to provide this protection, when necessary, and to provide guidance to the department in establishing rules to accomplish that level of protection.   History: En. Sec. 2, Ch. 501, L. 1995; amd. Sec. 1, Ch. 208, L. 2003; amd. Sec. 45, Ch. 324, L. 2021.
MT Code § 75-5-318 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-318. Short-term water quality standards for turbidity

  75-5-318. Short-term water quality standards for turbidity. (1) Upon authorization by the department or the department of fish, wildlife, and parks pursuant to subsection (4), the short-term water quality standards for total suspended sediment and turbidity resulting from stream-related construction activities or stream enhancement projects are the narrative standards for total suspended sediment adopted by the department under 75-5-301. If a short-term narrative standard is authorized under this section, the numeric standard for turbidity adopted by the department under 75-5-301 does not apply to the affected water body during the term of the narrative standard.  (2) The department shall review each application for short-term standards on a case-by-case basis to determine whether there are reasonable alternatives that preclude the need for a narrative standard. If the department determines that the numeric standard for turbidity adopted under 75-5-301 cannot be achieved during the term of the activity and that there are no reasonable alternatives to achieve the numeric standard, the department may authorize the use of a narrative standard for a specified term.   (3) Each authorization issued by the department must include conditions that minimize, to the extent practicable, the magnitude of any change in water quality and the length of time during which any change may occur. The authorization must also include site-specific conditions that ensure that the activity is not harmful, detrimental, or injurious to public health and the uses of state waters and that ensure that existing and designated beneficial uses of state water are protected and maintained upon completion of the activity. The department may not authorize short-term narrative standards for activities requiring a discharge permit under rules adopted pursuant to 75-5-401. Authorizations issued under this section may include conditions that require water quality or quantity monitoring and reporting.   (4) In the performance of its responsibilities under this section, the department may negotiate operating agreements with other departments of state government that are intended to minimize duplication in review of activities eligible for authorizations under this section. The department of fish, wildlife, and parks may, in accordance with subsections (1), (2), and (3), authorize short-term water quality standards for total suspended sediment and turbidity for any stream construction project that it reviews under Title 75, chapter 7, part 1, or Title 87, chapter 5, part 5.   History: En. Sec. 5, Ch. 588, L. 1999; amd. Sec. 47, Ch. 324, L. 2021.
MT Code § 75-5-319 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-319. Repealed

  75-5-319. Repealed. Sec. 9, Ch. 342, L. 2021.  History: En. Sec. 1, Ch. 415, L. 2015.
MT Code § 75-5-320 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-320. Temporary water quality standards variances

  75-5-320. Temporary water quality standards variances. (1) Except as provided in 75-5-222(2), the department may adopt rules providing criteria and procedures for the department to issue a temporary variance to water quality standards if:  (a) a variance will not result in a lowering of currently attained, ambient water quality;   (b) the department rules are consistent, as necessary, with federal rules that authorize states to adopt variances from standards, including but not limited to 40 CFR 131.14; and   (c) (i) a permittee cannot reasonably expect to meet a water quality standard during the permit term for which the variance is approved; and   (ii) a permit compliance schedule is not feasible to preclude the need for a variance during the permit term for which the variance is approved.   (2) In order to receive a temporary variance, a permittee shall evaluate facility operations and infrastructure to maximize pollutant reduction through an optimization study. The variance must require the implementation of optimization study actions as terms and conditions of the discharge permit.   (3) The department shall review a temporary variance issued pursuant to this section at least once every 5 years and may continue, modify, or terminate the temporary variance as a result of the review.   History: En. Sec. 1, Ch. 251, L. 2019; amd. Sec. 8, Ch. 342, L. 2021.
MT Code § 75-5-321 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-321. Transition for nutrient standards

  75-5-321. Transition for nutrient standards. (1) By March 1, 2022, the department of environmental quality shall adopt rules related to narrative nutrient standards in consultation with the nutrient work group.  (2) The rules shall provide for the development of an adaptive management program that provides for an incremental watershed approach for protecting and maintaining water quality and that:   (a) reasonably balances all factors impacting a water body;   (b) prioritizes the minimization of phosphorus, taking into account site-specific conditions; and   (c) identifies the appropriate response variables affected by nutrients and associated impact thresholds in accordance with the beneficial uses of the water body.   (3) In developing the rules in subsection (2), the department shall consider options pertaining to whether the point source is new or existing and whether the receiving water body is considered impaired or unimpaired.   History: En. Sec. 1, Ch. 342, L. 2021.
MT Code § 75-5-322 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-322. through 75-5-324 reserved

  75-5-322 through 75-5-324 reserved.
MT Code § 75-5-325 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-325. Definitions

  75-5-325. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:   (1) "Gray water" means wastewater that is collected separately from a sewage flow and that does not contain industrial chemicals, hazardous wastes, or wastewater from toilets.   (2) "Gray water reuse system" means a plumbing system that collects gray water.   History: En. Sec. 1, Ch. 312, L. 2007; amd. Sec. 3, Ch. 73, L. 2009.
MT Code § 75-5-326 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-326. Gray water reuse -- restrictions

  75-5-326. Gray water reuse -- restrictions. (1) Gray water may not be used to irrigate plants to be consumed by humans.   (2) Gray water reuse systems may not be located within a flood plain, as defined in 76-5-103.   History: En. Sec. 2, Ch. 312, L. 2007.
MT Code § 75-5-327 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 3. Classification and Standards|75-5-327. Local gray water regulations

  75-5-327. Local gray water regulations. The requirements of 75-5-305 and 75-5-326 are minimum requirements and do not restrict a local governing body from adopting stricter or additional regulations for gray water reuse systems.   History: En. Sec. 4, Ch. 312, L. 2007.
MT Code § 75-5-402 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 4. Permits|75-5-402. Duties of department

  75-5-402. Duties of department. The department shall:  (1) issue, suspend, revoke, modify, or deny permits to discharge sewage, industrial wastes, or other wastes into state waters, consistently with rules made by the department;   (2) examine plans and other information needed to determine whether a permit should be issued or suggest changes in plans as a condition to the issuance of a permit;   (3) clearly specify in any permit any limitations imposed as to the volume, strength, and other significant characteristics of the waste to be discharged; and   (4) establish as conditions to the issuance of permits for which a performance bond or other surety is filed under 75-5-405 certain reclamation requirements sufficient to prevent pollution of state waters during and after operation of the project or activity for which a permit is issued.   History: En. Sec. 7, Ch. 21, L. 1971; amd. Sec. 3, Ch. 506, L. 1973; amd. Sec. 63, Ch. 349, L. 1974; amd. Sec. 6, Ch. 455, L. 1975; amd. Sec. 4, Ch. 444, L. 1977; R.C.M. 1947, 69-4809.1(1)(a) thru (1)(c); amd. Sec. 2, Ch. 412, L. 1991; amd. Sec. 49, Ch. 324, L. 2021.
MT Code § 75-5-403 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 4. Permits|75-5-403. Denial or modification of permit -- time for review of permit application

  75-5-403. Denial or modification of permit -- time for review of permit application. (1) The department shall review for completeness all applications for new permits within 60 days of the receipt of the initial application and within 30 days of receipt of responses to notices of deficiencies. The initial completeness notice must note all major deficiency issues, based on the information submitted. The department and the applicant may extend these timeframes, by mutual agreement, by not more than 75 days. An application is considered complete unless the applicant is notified of a deficiency within the appropriate review period.   (2) If the department denies an application for a permit or modifies a permit, the department shall give written notice of its action to the applicant or holder and the applicant or holder may request a hearing before the board, in the manner stated in 75-5-611, for the purpose of petitioning the board to reverse or modify the action of the department. The hearing must be held within 30 days after receipt of written request. After the hearing, the board shall affirm, modify, or reverse the action of the department. If the holder does not request a hearing before the board, modification of a permit is effective 30 days after receipt of notice by the holder unless the department specifies a later date. If the holder does request a hearing before the board, an order modifying the permit is not effective until 20 days after receipt of notice of the action of the board.   History: En. Sec. 14, Ch. 21, L. 1971; amd. Sec. 4, Ch. 455, L. 1975; R.C.M. 1947, 69-4807.1(1); amd. Sec. 10, Ch. 497, L. 1995.
MT Code § 75-5-404 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 4. Permits|75-5-404. Suspension or revocation of permit -- procedure

  75-5-404. Suspension or revocation of permit -- procedure. If the department suspends or revokes a permit because it has reason to believe that the holder has violated this chapter, the department may specify that the suspension or revocation is effective immediately if the department finds that the violation is likely to continue and will cause pollution, the harmful effects of which will not be remedied immediately on the cessation of the violation. Upon petition by the holder of the permit, the board shall grant the holder a hearing, to be conducted in the manner specified in 75-5-611, and shall issue an order affirming, modifying, or reversing the action of the department. The order of the board shall be effective immediately unless the board directs otherwise.   History: En. Sec. 14, Ch. 21, L. 1971; amd. Sec. 4, Ch. 455, L. 1975; R.C.M. 1947, 69-4807.1(2).