reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 4. Permits › 75-5-403. Denial, issuance, or modification of permit -- time for review of permit application and hearing

75-5-403. Denial, issuance, or modification of permit -- time for review of permit application and hearing.
(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) (a) If the department denies an application for a permit, issues a permit, or modifies a permit, the department shall give written notice of its action to the applicant or holder. Within 30 days of the department's decision, the applicant or holder may request a hearing before the board for the purpose of petitioning the board to reverse or modify the action of the department. The contested case provisions of the Montana Administrative Procedure Act pursuant to Title 2, chapter 4, apply to hearings under this section.
(b) Unless the deadline is waived by the applicant or holder and except as provided in subsection (2)(c), the hearing must be held within 90 days after receipt of written request. Except as provided in subsection (2)(c), within 120 days of 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.
(c) The board may extend a deadline for good cause.
(d) An applicant or holder may appeal the board's final decision to a district court.
(3) (a) Subject to subsection (3)(b) and within 30 days of the agency's final decision, a person who provided public comment on the permit may file an appeal in a district court.
(b) The appeal is limited to the issues raised by the person during the public comment period or the terms, conditions, and issues within the final permit decision that were not contained in the draft permit.
(c) This section provides the exclusive means for an appeal of a permit decision under this chapter.
(4) (a) Filing an appeal in a district court does not stay the permit.
(b) Subsection (4)(a) does not supersede department rules allowing permit provisions contested by the applicants or holders to be stayed, pending final action by 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; amd. Sec. 1, Ch. 512, L. 2023.
2023 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).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 4. Permits › 75-5-405. Voluntary filing of performance bond -- terms -- hearing

75-5-405. Voluntary filing of performance bond -- terms -- hearing.
(1) A person who holds or has applied for a permit pursuant to 75-5-401 may voluntarily file a performance bond or other surety with the department for an amount sufficient to enable the state to reclaim the land disturbed by the project or activity authorized by the permit in accordance with all permit requirements and as needed to prevent pollution of state waters.
(2) If the department determines that the bonding level does not represent the present cost of reclaiming the disturbed land according to the reclamation requirements specified in the permit and the present cost of preventing pollution of state waters, the department shall notify the permittee and the permittee may modify the amount of the bond to accurately reflect the present cost.
(3) The department may not release all or any portion of a performance bond or other surety filed pursuant to this section until reclamation of the disturbed land has been completed to the satisfaction of the department and the department has determined that pollution of state waters has not occurred. The department may initiate bond forfeiture proceedings if the permittee fails to satisfactorily reclaim the disturbed land or prevent pollution of state waters.
(4) The department may not release a bond or other surety filed pursuant to this section until the public has been provided an opportunity for a hearing.
History: En. Sec. 3, Ch. 412, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 4. Permits › 75-5-410. Water quality requirements -- aquifer recharge or certain mitigation plans -- minimum requirements

75-5-410. Water quality requirements -- aquifer recharge or certain mitigation plans -- minimum requirements.
(1) (a) Except as provided in subsection (1)(b), a person who proposes an aquifer recharge or mitigation plan pursuant to 85-2-362 shall apply for, if necessary, a current permit pursuant to this chapter.
(b) The requirements of this section do not apply to the portion of a mitigation plan that consists of a change in appropriation rights for instream flow filed pursuant to 85-2-402.
(2) The minimum treatment requirements for sewage systems subject to this section are the federal requirements provided for in 40 CFR 133, and the system must meet, at a minimum, the requirements of level two treatment for the removal of nitrogen in the effluent.
(3) In addition to the minimum treatment requirements of subsection (2), sewage systems subject to this section that are used for aquifer injection must meet the more stringent of either primary drinking water standards pursuant to Title 75, chapter 6, or the nondegradation requirements pursuant to 75-5-303 at the point of discharge.
(4) In addition to the minimum treatment requirements of subsection (2), sewage systems subject to this section that are used for aquifer recharge must meet either primary drinking water standards pursuant to Title 75, chapter 6, or the nondegradation requirements pursuant to 75-5-303 at the point of discharge.
(5) For the purposes of this section, "aquifer injection" means the use of a well to inject water directly into an aquifer system without filtration through the geologic materials overlying the aquifer system for the purpose of aquifer recharge or for an aquifer storage and recovery project and "aquifer recharge" and "mitigation" have the meanings provided in 85-2-102.
History: En. Sec. 19, Ch. 391, L. 2007; amd. Sec. 1, Ch. 104, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 4. Permits › 75-5-411. Establishing setbacks -- rulemaking

75-5-411. Establishing setbacks -- rulemaking.
The department shall adopt rules establishing setback area requirements between sewage lagoons and water wells to prevent water well contamination.
History: En. Sec. 1, Ch. 327, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 5. Financial Provisions › 75-5-501. Repealed

75-5-501. Repealed.
Sec. 8, Ch. 195, L. 1999.
History: En. Sec. 1, Ch. 165, L. 1969; amd. Sec. 61, Ch. 349, L. 1974; R.C.M. 1947, 69-4808.1.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 5. Financial Provisions › 75-5-502. Department authorized to accept loans and grants

75-5-502. Department authorized to accept loans and grants.
The department may accept loans and grants from the federal government and other sources to carry out the provisions of this chapter.
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(2)(a); amd. Sec. 50, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 5. Financial Provisions › 75-5-503. Department authorized to accept loans and grants

75-5-503. Department authorized to accept loans and grants.
The department may accept loans and grants from the federal government and other sources to carry out the provisions of this chapter.
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(2).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 5. Financial Provisions › 75-5-511. Sewage system operators authorized to adopt charges and rates for users

75-5-511. Sewage system operators authorized to adopt charges and rates for users.
(1) A municipality or other entity operating a sewage system may adopt a system of charges and rates to assure that each recipient of treatment works services within the municipality's jurisdiction or service area will pay its proportionate share of the costs of operation, maintenance, and replacement of any treatment works facilities or services provided by the municipality or other entity.
(2) A municipality or other entity operating a sewage system may require industrial users of its treatment works to pay to the municipality or other entity that portion of the cost of construction of the treatment works which is allocable to the treatment of such industrial user's wastes. The department may determine whether the payment required of the industrial user for the portion of the cost of the construction of the treatment works is properly allocable to the treatment of the industrial user's wastes.
History: En. Sec. 14, Ch. 455, L. 1975; R.C.M. 1947, 69-4808.4(1), (2).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 5. Financial Provisions › 75-5-512. Uses allowed for revenues

75-5-512. Uses allowed for revenues.
A municipality or other entity operating a sewage system may retain the amounts of the revenues derived from the payment of costs by industrial users of its treatment works services and expend such revenues, together with interest thereon, for:
(1) repayment to applicable agencies of government of any grants or loans made to the municipality or other entity operating a sewage system for construction of the treatment works;
(2) future expansion and reconstruction of the treatment works; and
(3) other municipal purposes.
History: En. Sec. 14, Ch. 455, L. 1975; R.C.M. 1947, 69-4808.4(3).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 5. Financial Provisions › 75-5-513. Sewage system operators to keep records -- department's power to inspect and audit

75-5-513. Sewage system operators to keep records -- department's power to inspect and audit.
A municipality or other entity operating sewage systems shall keep records, financial statements, and books regarding its rates and charges and amounts collected on account of its treatment works and how such revenues are allocated. The department may inspect such records, financial statements, and books, audit them or cause them to be audited at such intervals as deemed necessary.
History: En. Sec. 14, Ch. 455, L. 1975; R.C.M. 1947, 69-4808.4(4).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 5. Financial Provisions › 75-5-514. When department to establish rates and collect charges

75-5-514. When department to establish rates and collect charges.
(1) In the event a municipality or other entity operating sewage systems fails, neglects, or refuses when required by the department to adopt the system of charges and rates authorized by 75-5-511, the department may adopt a system of charges and rates as provided for in 75-5-511(1) and collect, administer, and apply such revenues for the purposes of 75-5-512.
(2) In lieu of proceeding in the manner set forth in subsection (1) of this section, the department may institute proceedings at law or in equity to enforce compliance with or restrain violations of 75-5-511 through 75-5-513.
History: En. Sec. 14, Ch. 455, L. 1975; R.C.M. 1947, 69-4808.4(5), (6); amd. Sec. 51, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 5. Financial Provisions › 75-5-515. Determination of costs payable by users

75-5-515. Determination of costs payable by users.
In determining the amount of treatment works costs to be paid by recipients of treatment works services, the municipality or other entity operating sewage systems or, if applicable, the department shall consider the strength, volume, types, and delivery flow rate characteristics of the waste; the nature, location, and type of treatment works; the receiving waters; and other factors deemed necessary.
History: En. 69-4808.5 by Sec. 15, Ch. 455, L. 1975; R.C.M. 1947, 69-4808.5; amd. Sec. 52, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 5. Financial Provisions › 75-5-517. Disposition of water quality permit fees

75-5-517. Disposition of water quality permit fees.
(1) All fees collected under 75-5-516 must be credited to an account in the state special revenue fund.
(2) Money in the account may be used only to pay the department's cost in implementing the functions described in 75-5-516(1).
History: En. Sec. 2, Ch. 507, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-601. Cleanup orders

75-5-601. Cleanup orders.
(1) The department may issue an order to a person to clean up any material that the person or the person's employee, agent, or subcontractor has accidentally or purposely dumped, spilled, or otherwise deposited in or near state waters and that may pollute state waters.
(2) If a unit of state or local government, including but not limited to a local board of health, county commission, governing body of a municipality, or state agency, has granted a permit or license to a person to discharge waste or has otherwise authorized an activity that involves the placement of waste and the department has reason to believe that the waste is causing or is likely to cause pollution of state waters, the department may issue an order to the unit of state or local government to take measures to ensure that the wastes causing or likely to cause the pollution are cleaned up.
(3) The department may include in an order issued to a county commission pursuant to subsection (2) a request that the commission create a sewer district in the geographic area affected by the order for the purpose of establishing a public sewer system in accordance with the petition and election procedures provided by 7-13-2204 and 7-13-2208 through 7-13-2214.
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)(f); amd. Sec. 1, Ch. 292, L. 1991; amd. Sec. 4, Ch. 297, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-602. Power to require monitoring

75-5-602. Power to require monitoring.
In order to carry out the objectives of this chapter and to effectively monitor the discharge of sewage, industrial wastes, and other wastes into state waters, the department may require the owner or operator of any point source, or the owner or operator of any facility that discharges into a municipal sewage system and to which pretreatment standards promulgated under this chapter apply, to:
(1) establish and maintain records;
(2) make reports;
(3) install, use, and maintain monitoring equipment or methods, including biological monitoring techniques;
(4) sample effluents using specified monitoring methods at designated locations and intervals;
(5) provide other information as may be reasonably required by the department.
History: En. 69-4809.2 by Sec. 4, Ch. 506, L. 1973; amd. Sec. 7, Ch. 455, L. 1975; R.C.M. 1947, 69-4809.2(1).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-603. Power to inspect

75-5-603. Power to inspect.
The authorized representative of the department, upon presentation of the representative's credentials, may at reasonable times enter upon any public or private property to:
(1) investigate conditions relating to pollution of state waters or violations of permit conditions;
(2) have access to and copy any records required under this chapter;
(3) inspect any monitoring equipment or method required under 75-5-602(3); and
(4) sample any effluents that the owner or operator of the source is required to sample under 75-5-602(4).
History: En. 69-4809.2 by Sec. 4, Ch. 506, L. 1973; amd. Sec. 7, Ch. 455, L. 1975; R.C.M. 1947, 69-4809.2(2); amd. Sec. 2495, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-604. Information obtained to relate to standards

75-5-604. Information obtained to relate to standards.
Any records, reports, or information obtained under 75-5-602 and 75-5-603 shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment, or new source performance standards.
History: En. 69-4809.2 by Sec. 4, Ch. 506, L. 1973; amd. Sec. 7, Ch. 455, L. 1975; R.C.M. 1947, 69-4809.2(3).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-605. Prohibited activity -- exemption

75-5-605. Prohibited activity -- exemption.
(1) It is unlawful to:
(a) cause pollution, as defined in 75-5-103, of any state waters or to place or cause to be placed any wastes where they will cause pollution of any state waters. Any placement of materials that is authorized by a permit issued by any state or federal agency is not a placement of wastes within the prohibition of this subsection (1)(a) if the agency's permitting authority includes provisions for review of the placement of materials to ensure that it will not cause pollution of state waters.
(b) violate any provision set forth in a permit or stipulation, including but not limited to limitations and conditions contained in the permit;
(c) cause degradation of state waters without authorization pursuant to 75-5-303;
(d) violate any order issued pursuant to this chapter; or
(e) violate any provision of this chapter.
(2) Except for the permit exclusions identified in 75-5-401(5), it is unlawful to carry on any of the following activities without a current permit from the department:
(a) construct, modify, or operate a disposal system that discharges into any state waters;
(b) construct or use any outlet for the discharge of sewage, industrial wastes, or other wastes into any state waters; or
(c) discharge sewage, industrial wastes, or other wastes into any state waters.
(3) Activities associated with routine or periodic maintenance, repair, replacement, or operation of irrigation water conveyance systems, including activities associated with any constructed channel, canal, ditch, pipeline, or portion of any constructed channel, canal, ditch, or pipeline, are not prohibited activities under this chapter if the activities do not result in exceeding water quality standards for any receiving water outside the irrigation water conveyance system. The diversion of water in accordance with an existing water right or permit pursuant to Title 85, chapter 2, is not a prohibited activity under this chapter.
History: En. Sec. 126, Ch. 197, L. 1967; amd. Sec. 5, Ch. 21, L. 1971; amd. Sec. 3, Ch. 455, L. 1975; amd. Sec. 2, Ch. 444, L. 1977; R.C.M. 1947, 69-4806; amd. Sec. 2, Ch. 337, L. 1993; amd. Sec. 4, Ch. 595, L. 1993; amd. Sec. 11, Ch. 497, L. 1995; amd. Sec. 2, Ch. 582, L. 1995; amd. Sec. 1, Ch. 460, L. 2003; amd. Sec. 3, Ch. 327, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-610. Written undertaking

75-5-610. Written undertaking.
(1) Except as provided in subsection (2), if the person requesting a hearing under 75-5-611 is not the applicant or permittee of an energy development project, the district court shall require a written undertaking to be given by the party requesting the hearing for the payment of costs and damages incurred by the applicant or permittee if the request for judicial review was for an improper purpose designed to harass, cause unnecessary delay, or improperly interfere with the issuance of the permit without a reasonable basis in law or fact.
(2) The district court may not require a written undertaking if the party requesting the hearing is an indigent person.
History: En. Sec. 7, Ch. 445, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-612. Additional sanctions authorized

75-5-612. Additional sanctions authorized.
In addition to all other remedies created by this chapter, the department is authorized to take appropriate enforcement action on its own initiative to prevent, abate, and control:
(1) the pollution of state waters;
(2) any violation of a condition or limitation imposed by a permit issued under 75-5-402(1); or
(3) any violation of rules relating to pretreatment standards.
History: En. 69-4820.1 by Sec. 5, Ch. 506, L. 1973; amd. Sec. 9, Ch. 455, L. 1975; amd. Sec. 10, Ch. 140, L. 1977; amd. Sec. 4, Ch. 308, L. 1977; amd. Sec. 5, Ch. 444, L. 1977; R.C.M. 1947, 69-4820.1(1).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-613. Compliance orders

75-5-613. Compliance orders.
In furtherance of 75-5-612, a person violating a condition, limitation, standard, or other requirement established pursuant to this chapter may be served with a compliance order issued by the department. The order must specify the condition, limitation, standard, or other requirement violated and must set a time for compliance. However, in establishing a time for compliance, the department shall take into account the seriousness of the violation and any good faith efforts that have been made to comply with the condition, limitation, standard, or other requirement that has been violated. The compliance order issued under this section shall be served either personally by a person qualified to perform service under the Montana Rules of Civil Procedure or by certified mail.
History: En. 69-4820.1 by Sec. 5, Ch. 506, L. 1973; amd. Sec. 9, Ch. 455, L. 1975; amd. Sec. 10, Ch. 140, L. 1977; amd. Sec. 4, Ch. 308, L. 1977; amd. Sec. 5, Ch. 444, L. 1977; R.C.M. 1947, 69-4820.1(2).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-614. Injunctions authorized

75-5-614. Injunctions authorized.
(1) Except as provided in 81-9-240, the department is authorized to commence a civil action seeking appropriate relief, including a permanent or temporary injunction, for a violation that would be subject to a compliance order under 75-5-613. An action under this subsection may be commenced in the district court of the county where a violation occurs or is threatened, and the court has jurisdiction to restrain the violation and to require compliance.
(2) Except as provided in 81-9-240, the department may bring an action for an injunction against the continuation of an alleged violation of the terms or conditions of a permit issued by the department or any rule or effluent standard promulgated under this chapter or against a person who fails to comply with an emergency order issued by the department under 75-5-621 or a final order of the board. The court to which the department applies for an injunction may issue a temporary injunction if it finds that there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.
History: (1)En. 69-4820.1 by Sec. 5, Ch. 506, L. 1973; amd. Sec. 9, Ch. 455, L. 1975; amd. Sec. 10, Ch. 140, L. 1977; amd. Sec. 4, Ch. 308, L. 1977; amd. Sec. 5, Ch. 444, L. 1977; Sec. 69-4820.1, R.C.M. 1947; (2)En. Sec. 19, Ch. 21, L. 1971; amd. Sec. 68, Ch. 349, L. 1974; amd. Sec. 12, Ch. 455, L. 1975; Sec. 69-4825, R.C.M. 1947; R.C.M. 1947, 69-4820.1(3), 69-4825; amd. Sec. 12, Ch. 497, L. 1995; amd. Sec. 5, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-615. Violators subject to penalties

75-5-615. Violators subject to penalties.
(1) A person found to be in violation of a condition, limitation, standard, or other requirement established pursuant to 75-5-612 through 75-5-614 is subject to the penalty provisions of 75-5-631, 75-5-632, 75-5-633, and 75-5-635.
(2) For the purpose of this section, the term "person" means, in addition to the definition contained in 75-5-103, any responsible corporate officer.
History: En. 69-4820.1 by Sec. 5, Ch. 506, L. 1973; amd. Sec. 9, Ch. 455, L. 1975; amd. Sec. 10, Ch. 140, L. 1977; amd. Sec. 4, Ch. 308, L. 1977; amd. Sec. 5, Ch. 444, L. 1977; R.C.M. 1947, 69-4820.1(4), (5); amd. Sec. 6, Ch. 68, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-616. Enforcement of permits and chapter

75-5-616. Enforcement of permits and chapter.
The department shall take actions that are authorized under this part to ensure that the terms and conditions of issued permits are complied with and to ensure that violations of this chapter are appropriately prosecuted.
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)(g); amd. Sec. 6, Ch. 297, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-617. Enforcement response

75-5-617. Enforcement response.
(1) Whenever, on the basis of information available to the department, the department finds that a person is in violation of this chapter, a rule adopted under this chapter, or a condition or limitation in a permit, authorization, or order issued under this chapter, the department shall initiate an enforcement response, which may include any of the following actions:
(a) issuance of a letter notifying the person of the violation and requiring compliance;
(b) issuance of an order requiring the person to correct the violation pursuant to 75-5-601, 75-5-611, 75-5-613, and 75-5-621;
(c) bringing a judicial action as authorized by 75-5-614 and 75-5-622; or
(d) seeking administrative or judicial penalties as provided under 75-5-611, 75-5-615, and 75-5-631 through 75-5-633.
(2) Unless an alleged violation represents an imminent threat to human health, safety, or welfare or to the environment, the department shall first issue a letter notifying the person of the violation and requiring compliance. If the person fails to respond to the conditions in the department's letter, then the department shall take further action as provided in subsection (1).
(3) The provisions of this chapter do not limit the authority of the department to bring a judicial action, which may include the assessment of penalties, prior to initiating any administrative action authorized by this chapter.
History: En. Sec. 5, Ch. 297, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-618. Liability -- defense and exclusions

75-5-618. Liability -- defense and exclusions.
(1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this chapter, a rule adopted under this chapter, or a condition of a permit or authorization required by a rule adopted under this chapter if the person can establish by a preponderance of the evidence that:
(a) the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority;
(b) the person has not caused or contributed to the violation; and
(c) the person is making an effort to abate the violation.
(2) For the purposes of this part, "government entity" includes a consolidated city-county, a county, and an incorporated city or town.
History: En. Sec. 1, Ch. 159, L. 2013.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-621. Emergencies

75-5-621. Emergencies.
(1) Notwithstanding other provisions of this chapter, if the department finds that a person is committing or is about to commit an act in violation of this chapter or an order or rule issued under this chapter that, if it occurs or continues, will cause substantial pollution the harmful effects of which will not be remedied immediately after the commission or cessation of the act, the department may order the person to stop, avoid, or moderate the act so that the substantial injury will not occur. The order is effective immediately upon receipt by the person to whom it is directed, unless the department provides otherwise.
(2) Notice of the order must conform to the requirements of 75-5-611(1) so far as practicable. The notice must indicate that the order is an emergency order.
(3) Upon issuing an order, the department shall fix a place and time for a hearing before the board, not later than 5 days after issuing the order unless the person to whom the order is directed requests a later time. The department may deny a request for a later time if it finds that the person to whom the order is directed is not complying with the order. The hearing must be conducted in the manner specified in 75-5-611. As soon as practicable after the hearing, the board shall affirm, modify, or set aside the order of the department. The order of the board must be accompanied by the information required in 75-5-611(6). An action for review of the order of the board may be initiated in the manner specified in 75-5-641. Except as provided in 81-9-240, the initiation of an action or taking of an appeal may not stay the effectiveness of the order unless the court finds that the board did not have reasonable cause to issue an order under this section.
History: En. Sec. 18, Ch. 21, L. 1971; amd. Sec. 11, Ch. 140, L. 1977; R.C.M. 1947, 69-4824; amd. Sec. 7, Ch. 297, L. 1995; amd. Sec. 266, Ch. 42, L. 1997; amd. Sec. 6, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-622. Additional emergency powers

75-5-622. Additional emergency powers.
Notwithstanding any other provisions of this chapter, the department, upon receipt of evidence that a pollution source or combination of sources is endangering the health, welfare, or livelihood of a person, may bring suit in the district court of any county in which the defendant is located or resides or is doing business to enjoin the discharge of pollutants causing or contributing to the alleged pollution.
History: En. 69-4824.1 by Sec. 7, Ch. 506, L. 1973; R.C.M. 1947, 69-4824.1.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-631. Civil penalties -- injunctions not barred -- venue

75-5-631. Civil penalties -- injunctions not barred -- venue.
(1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this chapter or a rule, permit, effluent standard, or order issued under the provisions of this chapter, the person is subject to a civil penalty not to exceed $25,000. Each day of violation constitutes a separate violation.
(2) Action under this section does not bar enforcement of this chapter or of rules or orders issued under it by injunction or other appropriate remedy.
(3) The department shall institute and maintain enforcement proceedings in the name of the state. Penalties are recoverable in an action brought by the department. The action must be brought in the district court of the county in which the violation occurred.
(4) In determining the amount of penalties under this section, the district court shall take into account the penalty factors in 75-1-1001.
History: En. Sec. 17, Ch. 21, L. 1971; amd. Sec. 6, Ch. 506, L. 1973; amd. Sec. 67, Ch. 349, L. 1974; amd. Sec. 11, Ch. 455, L. 1975; R.C.M. 1947, 69-4823(1), (3); amd. Sec. 1, Ch. 644, L. 1991; amd. Sec. 8, Ch. 297, L. 1995; amd. Sec. 13, Ch. 497, L. 1995; amd. Sec. 10, Ch. 487, L. 2005; amd. Sec. 31, Ch. 535, L. 2021.