reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-632. Criminal penalties

75-5-632. Criminal penalties.
A person who willfully or negligently violates 75-5-605 or any pretreatment standard established pursuant to this chapter is guilty of an offense and, upon conviction, is subject to a fine not to exceed $25,000 per day of violation or imprisonment for not more than 1 year, or both. Following an initial conviction under this section, subsequent convictions subject a person to a fine of not more than $50,000 per day of violation or imprisonment for not more than 2 years, or both.
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(2); amd. Sec. 9, Ch. 297, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-633. Penalties for false statements and falsifying monitoring

75-5-633. Penalties for false statements and falsifying monitoring.
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter shall upon conviction be punished by a fine of not more than $25,000 or by imprisonment for not more than 6 months, or both.
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(6); amd. Sec. 2, Ch. 644, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-634. Disposition of fines and civil penalties

75-5-634. Disposition of fines and civil penalties.
Fines and civil penalties collected under this chapter, except those collected in a justice's court, must be deposited into the state general fund.
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(5); amd. Sec. 43, Ch. 557, L. 1987; amd. Sec. 3, Ch. 600, L. 1991; amd. Sec. 62, Ch. 509, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-635. Costs and expenses -- recovery by department

75-5-635. Costs and expenses -- recovery by department.
(1) In a civil action initiated by the department under this chapter, the department may ask for and the court is authorized to assess a violator for the cost of the investigation or monitoring survey that led to the establishment of the violation and any expense incurred by the state in removing, correcting, or terminating any of the adverse effects upon water quality resulting from the unauthorized discharge of pollutants.
(2) Any costs and expenses recovered by the department under the provisions of subsection (1) must be deposited in the state general fund.
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(7); amd. Sec. 4, Ch. 600, L. 1991; amd. Sec. 63, Ch. 509, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-636. Investigation of complaints by other parties

75-5-636. Investigation of complaints by other parties.
A person, association, corporation, or agency of the state or federal government may notify the department of an alleged violation of this chapter. Based upon information submitted by the person, association, corporation, or agency, the department shall conduct an investigation to determine the validity of the complaint. If a violation is established by the department's investigation, the department shall initiate an appropriate enforcement response as described in 75-5-617. If the investigation proves the protest to have been without reasonable cause, the department may seek recovery of investigative costs from the person who made the notification.
History: En. Sec. 20, Ch. 21, L. 1971; amd. Sec. 69, Ch. 349, L. 1974; amd. Sec. 13, Ch. 455, L. 1975; R.C.M. 1947, 69-4826; amd. Sec. 10, Ch. 297, L. 1995; amd. Sec. 14, Ch. 497, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 6. Enforcement, Appeal, and Penalties › 75-5-641. Appeals from board orders -- review by district court

75-5-641. Appeals from board orders -- review by district court.
(1) An appeal of an order of the board must be in the district court of the county in which the alleged source of pollution is located.
(2) A person interested in the order may intervene, in the manner provided by the rules of civil procedure, if the person shows good cause. An intervenor is a party for the purposes of this chapter.
(3) The attorney general shall represent the board if requested, or the department may appoint special counsel for the proceedings, subject to the approval of the attorney general.
(4) Except as provided in 81-9-240, the initiation of an action for review or the taking of an appeal does not stay the effectiveness of an order of the board unless the court finds that there is probable cause to believe:
(a) that refusal to grant a stay will cause serious harm to the affected party; and
(b) that a violation found by the board will not continue or, if it does continue, the harmful effects on state waters will be remedied immediately on the cessation of the violation.
(5) If a court does not stay the effectiveness of an order of the board, it may enforce compliance with that order by issuing a temporary restraining order or an injunction at the request of the board.
History: En. Sec. 15, Ch. 21, L. 1971; amd. Sec. 66, Ch. 349, L. 1974; R.C.M. 1947, 69-4821; amd. Sec. 2496, Ch. 56, L. 2009; amd. Sec. 7, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 7. Water Quality Assessment › 75-5-701. Purpose

75-5-701. Purpose.
Consistent with the policy established in 75-5-101(2) to provide a comprehensive program for the prevention, abatement, and control of water pollution, the purpose of this part is to further direct the department to monitor state waters to accurately assess their quality and, when required, to develop total maximum daily loads for those water bodies identified as threatened or impaired.
History: En. Sec. 2, Ch. 541, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 7. Water Quality Assessment › 75-5-704. Watershed advisory groups

75-5-704. Watershed advisory groups.
(1) In implementing the consultation requirements under 75-5-702(4) and 75-5-703(1) and (2), the department shall request the participation of representatives of the following interest groups to work in an advisory capacity with the local conservation districts and the department:
(a) livestock-oriented agriculture;
(b) farming-oriented agriculture;
(c) conservation or environmental interests;
(d) water-based recreationists;
(e) the forestry industry;
(f) municipalities;
(g) affected or potentially affected point source dischargers;
(h) mining;
(i) existing local watershed groups;
(j) federal land management agencies;
(k) state trust land management agencies;
(l) the tourism industry;
(m) the hydroelectric industry, if applicable; and
(n) fishing-related businesses.
(2) In implementing the consultation requirements of 75-5-702 and 75-5-703, the department shall:
(a) prior to consultation with the statewide TMDL advisory group pursuant to 75-5-702(7) and (8), schedule meetings with appropriate local conservation districts and the watershed advisory groups at a location within their affected geographic area to review and revise the list of water bodies provided for in 75-5-702; and
(b) at a meeting held pursuant to subsection (2)(a), request whether there is new information that may affect the listing or priority ranking on water bodies within the affected area and solicit comments on revising the list.
(3) Based upon the information provided pursuant to subsection (2)(b), the department shall revise the list according to 75-5-702.
(4) Prior to and during the development of a TMDL within a particular watershed or basin, the department shall schedule a meeting or meetings with appropriate local conservation districts and watershed advisory groups at a location within the affected geographic area in order to solicit comments on developing the TMDL and information on sources that may be contributing to water quality impairment.
History: En. Sec. 5, Ch. 541, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 7. Water Quality Assessment › 75-5-705. Nonimpairment of water rights

75-5-705. Nonimpairment of water rights.
Nothing in this part may be construed to divest, impair, or diminish any water right recognized pursuant to Title 85.
History: En. Sec. 6, Ch. 541, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 8. Concentrated Animal Feeding Operations › 75-5-802. Permitting -- concentrated animal feeding operation

75-5-802. Permitting -- concentrated animal feeding operation.
(1) For the purpose of permitting concentrated animal feeding operations, the department shall adopt, by reference, the federal regulations and definitions contained in 40 CFR, parts 122.23 and 412.
(2) Subject to the provisions of subsection (3), concentrated animal feeding operations that meet the requirements of 40 CFR, part 412, must be authorized by the department under a general permit.
(3) If, upon review of an application for a general permit authorization for a concentrated animal feeding operation production area, the department discovers site-specific information that indicates that a general permit authorization is not sufficiently protective of water quality, the department shall require an individual permit.
History: En. Sec. 2, Ch. 403, L. 2005; amd. Sec. 54, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 8. Concentrated Animal Feeding Operations › 75-5-803. Fees for concentrated animal feeding operation permits -- environmental review

75-5-803. Fees for concentrated animal feeding operation permits -- environmental review.
(1) (a) The fees for a general permit authorization or an individual permit are $600 for the initial application and $600 for each renewal.
(b) In addition to the fees provided for in subsection (1)(a), there is an annual fee for a general permit authorization or an individual permit. The fee is $600 and is subject to the annual fee reduction provisions in 75-5-516(2)(b).
(2) The department is required to conduct only the type of environmental assessment that would be conducted for a routine action with limited environmental impact pursuant to Title 75, chapter 1, part 2, as the necessary level of environmental review for concentrated animal feeding operations that qualify for a general permit pursuant to 75-5-802. For concentrated animal feeding operations that require an individual permit, the level of environmental review must be an environmental assessment unless the department determines that an environmental impact statement is required pursuant to 75-1-201. A programmatic environmental impact statement is not required for permitting conducted under 75-5-802.
History: En. Sec. 3, Ch. 403, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 9. Phosphorus-Containing Household Cleaning Products › 75-5-902. Findings -- purpose

75-5-902. Findings -- purpose.
(1) The legislature finds that:
(a) high levels of phosphorus in water bodies results in heavy growths of algae;
(b) excessive algae growth degrades aquatic habitats, decreases diversity in aquatic invertebrate communities, and places stress on native fish populations;
(c) municipal wastewater treatment plants and individual septic systems are sources of phosphorus, an ingredient in many household cleaning products; and
(d) Montana has adopted numeric water quality standards for phosphorus.
(2) Consistent with the policy established in 75-5-101 to conserve water by protecting, maintaining, and improving the quality and potability of water for public water supplies, wildlife, fish and aquatic life, agriculture, industry, recreation, and other beneficial uses, the purpose of this part is to limit the introduction of phosphorus into water bodies from municipal point source discharges or the cumulative effect of individual septic system discharges.
History: En. Sec. 2, Ch. 245, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 9. Phosphorus-Containing Household Cleaning Products › 75-5-903. Definitions

75-5-903. Definitions.
As used in this part, the following definitions apply:
(1) "Commercial establishment" means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, or commercial or charitable activity, including but not limited to laundries, hospitals, hotels, motels, and food or restaurant establishments.
(2) (a) "Household cleaning product" means any product, including but not limited to soaps and detergents, used for domestic cleaning purposes, which include but are not limited to the cleaning of fabrics, dishes, food utensils, and household premises.
(b) The term does not mean food, drugs, cosmetics, or personal care items such as toothpaste, shampoo, or hand soap.
(3) "Phosphorus" means the element phosphorus as indicated in the periodic table of elements.
(4) "Trace quantity" means an incidental amount of phosphorus that is not part of a household cleaning product formulation, that is present only as a consequence of manufacturing, and that does not exceed 0.5% of the content of the product by weight expressed as the element phosphorus.
History: En. Sec. 3, Ch. 245, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 9. Phosphorus-Containing Household Cleaning Products › 75-5-904. Applicability to counties -- notification

75-5-904. Applicability to counties -- notification.
(1) The provisions of 75-5-905 apply to counties where one or more surface water bodies exceed the numeric algal biomass or total phosphorus standards adopted pursuant to 75-5-301.
(2) The department shall notify counties that meet the provisions of subsection (1) that they are subject to the provisions of 75-5-905.
(3) The governing body of a county that does not meet the provisions of subsection (1) may adopt an ordinance pursuant to Title 75, chapter 7, part 4.
History: En. Sec. 4, Ch. 245, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 9. Phosphorus-Containing Household Cleaning Products › 75-5-905. Prohibitions and exceptions

75-5-905. Prohibitions and exceptions.
(1) In counties that meet the requirements of 75-5-904, a household cleaning product may not be distributed, sold, offered, or exposed for sale if it contains phosphorus in concentrations in excess of a trace quantity.
(2) The following cleaning agents and other products containing phosphorus are exempt from the provisions of this section:
(a) those used in food or beverage processing;
(b) those used by health care services and facilities;
(c) those used by institutional or commercial establishments;
(d) those used for industrial processes; and
(e) those used for agricultural operations.
History: En. Sec. 5, Ch. 245, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1101. Short title

75-5-1101. Short title.
This part may be cited as the "Water Pollution Control State Revolving Fund Act".
History: En. Sec. 1, Ch. 678, L. 1989; amd. Sec. 2, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1102. Definitions

75-5-1102. Definitions.
Unless the context requires otherwise, in this part, the following definitions apply:
(1) "Administrative costs" means costs incurred by the department and the department of natural resources and conservation in the administration of the program, including but not limited to costs of servicing loans and issuing debt; program startup costs; financial, management, and legal consulting fees; and reimbursement costs for support services from other state agencies.
(2) "Cost" means, with reference to a project, all capital costs incurred or to be incurred by a municipality or a private person, including but not limited to engineering, construction, financing, and other fees, interest during construction, and a reasonable allowance for contingencies to the extent permitted by the federal act and regulations promulgated under the federal act.
(3) "Federal act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. 1251 through 1387, as amended.
(4) "Intended use plan" means the annual plan adopted by the department and submitted to the environmental protection agency that describes how the state intends to use the money in the revolving fund.
(5) "Loan" means a loan of money from the revolving fund to a municipality or a private person.
(6) "Municipality" means any state agency, city, town, or other public body created pursuant to state law, including an authority as defined in 75-6-304.
(7) "Private person" means an individual, corporation, partnership, or other nongovernmental legal entity.
(8) "Program" means the water pollution control state revolving fund program established by this part.
(9) "Project" means an activity that is eligible for financing by the program under the federal act, including treatment works, as defined under section 1292 of the federal act (33 U.S.C. 1292), and nonpoint source pollution control under section 1329 of the federal act (33 U.S.C. 1329), and for which a municipality or private person makes an application for a loan or other financial assistance.
(10) "Revolving fund" means the fund established by 75-5-1106.
History: En. Sec. 2, Ch. 678, L. 1989; amd. Sec. 3, Ch. 538, L. 1997; amd. Sec. 22, Ch. 498, L. 1999; amd. Sec. 1, Ch. 506, L. 2001; amd. Sec. 36, Ch. 489, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1103. Water pollution control state revolving fund program

75-5-1103. Water pollution control state revolving fund program.
There is a program under which the state may provide financial assistance to municipalities and private persons to finance or refinance part or all of the cost of projects. The program must be administered in accordance with this part and the federal act.
History: En. Sec. 3, Ch. 678, L. 1989; amd. Sec. 4, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1104. Authorization of agreement -- content

75-5-1104. Authorization of agreement -- content.
(1) The department may enter into a capitalization grant agreement or other agreement with the United States environmental protection agency to implement the program and may accept from that agency other grants and loans to carry out the program.
(2) In entering into the agreement, the director of the department may commit the state to:
(a) accept grant payments from the environmental protection agency in accordance with the schedule established by the administrator of that agency and deposit the payments in the revolving fund established in 75-5-1106;
(b) deposit in the revolving fund from state money an amount equal to at least 20% of the total amount of all capitalization grants made to the state as provided by 75-5-1106 on or before the date on which each quarterly federal grant payment is made to the state;
(c) provide financial assistance to municipalities and private persons in accordance with this part in an amount equal to 120% of the amount of each grant payment within a time period not to exceed 1 year after receipt of a grant;
(d) expend all funds in the revolving fund in an expeditious and timely manner;
(e) use all funds deposited in the revolving fund as a result of the capitalization grant to ensure progress, as determined by the governor of the state, toward compliance with enforceable deadlines, goals, and requirements of the federal act;
(f) expend each quarterly grant payment in accordance with the laws and procedures applicable to commitment or expenditure of revenues of the state;
(g) use accounting, audit, and fiscal procedures conforming to generally accepted government accounting standards;
(h) as a condition of making a loan or providing other financial assistance from the revolving fund, require that the municipality or private person will maintain project accounts in accordance with generally accepted government accounting standards;
(i) make annual reports to the environmental protection agency concerning the use of the revolving fund as required by the federal act; and
(j) any other covenants, commitments, and obligations necessary to ensure that the state's administration of the program is consistent with the provisions of this part.
History: En. Sec. 4, Ch. 678, L. 1989; amd. Sec. 5, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1105. Rulemaking

75-5-1105. Rulemaking.
The department and the department of natural resources and conservation may adopt rules to implement the provisions of this part, including rules:
(1) prescribing the form and content of applications for loans and refinancing agreements;
(2) governing the application of the criteria for awarding loans;
(3) establishing additional terms and conditions for the making of loans and the security instruments and other necessary agreements; and
(4) establishing ceilings on the amount of individual loans to be made to municipalities and private persons, if considered appropriate and necessary for the successful administration of the program.
History: En. Sec. 9, Ch. 678, L. 1989; amd. Sec. 186, Ch. 418, L. 1995; amd. Sec. 6, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1107. Uses of revolving fund

75-5-1107. Uses of revolving fund.
Money in the revolving fund may be used to:
(1) make loans to municipalities to finance all or a portion of the cost of a project and to make loans to private persons to finance all or a portion of the cost of nonpoint source pollution control projects;
(2) buy or refinance debt obligations of municipalities that were issued to finance projects within the state at or below market rates, provided that the obligations were incurred after March 7, 1985;
(3) guarantee or purchase insurance for obligations of municipalities that were issued to finance projects in order to enhance credit or reduce interest rates;
(4) provide a source of revenue or security for general obligation bonds the proceeds of which are deposited in the revolving fund;
(5) provide loan guarantees for similar revolving funds established by municipalities;
(6) earn interest on fund accounts;
(7) pay reasonable administrative costs of the program not to exceed 4% of all federal grant awards to the fund or the maximum amount allowed under the federal act; and
(8) provide additional subsidization to eligible recipients in the form of forgiveness of principal of loans to the extent authorized or required by federal law and subject to satisfaction of conditions on loans described in 75-5-1113 or to satisfy any other incentives, conditions, or requirements of federal law related to the program.
History: En. Sec. 6, Ch. 678, L. 1989; amd. Sec. 8, Ch. 538, L. 1997; amd. Sec. 37, Ch. 489, L. 2009; amd. Sec. 1, Ch. 297, L. 2011.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1108. Use of funds -- statutory appropriation

75-5-1108. Use of funds -- statutory appropriation.
Money in the revolving fund is statutorily appropriated, as provided in 17-7-502, for the purposes of making loans to municipalities and private concerns and paying debt service on obligations.
History: En. Sec. 12, Ch. 678, L. 1989; amd. Sec. 53, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1111. Applications

75-5-1111. Applications.
(1) The department shall, after consultation with the department of natural resources and conservation, establish loan application procedures, including forms for the applications. Each application for a loan to finance construction of a project must include:
(a) a reasonably detailed description of the project;
(b) a reasonably detailed estimate of the cost of the project;
(c) a timetable for the construction of the project and for payment of the cost of the project;
(d) identification of the source or sources of funds to be used in addition to the proceeds of the loan to pay the cost of the project;
(e) the source or sources of revenue proposed to be used to repay the loan;
(f) a current financial statement showing assets, liabilities, revenue, and expenses of the applicant;
(g) if the applicant is a municipality, a statement as to whether, at the time of application, there are any outstanding loans, notes, bonds, or other obligations of the municipality that were issued or incurred to finance any part of the municipality's project or system of which the project is a part and, if so, a description of the loans, notes, bonds, or other obligations;
(h) if the applicant is a private person, a statement as to whether, at the time of application, there are any outstanding loans, notes, or other obligations of the private person and, if so, a description of the loans, notes, or other obligations; and
(i) any other information that the department or the department of natural resources and conservation may require to determine the feasibility of a project and the applicant's ability to repay the loan, including but not limited to engineering reports, economic feasibility studies, and legal opinions.
(2) Each application for a loan to refinance a project, including a purchase of outstanding obligations issued by a municipality to finance a project in whole or in part, must include:
(a) a reasonably detailed description of the project;
(b) a schedule of the cost of the project;
(c) the date on which construction of the project began;
(d) a description of the loans, notes, bonds, or other obligations to be refinanced and of any other loans, notes, bonds, or obligations issued or incurred to finance any part of the municipality's project; and
(e) any other information that the department or the department of natural resources and conservation may require.
(3) Each application for financial assistance in the form of a guaranty or the purchase of insurance for a municipal obligation must include all items required by subsection (1) and any other information the department may require.
History: En. Sec. 7, Ch. 678, L. 1989; amd. Sec. 9, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1112. Evaluation of projects and loan applications

75-5-1112. Evaluation of projects and loan applications.
The department of natural resources and conservation and the department shall evaluate projects and loan applications. In evaluating projects and loan applications, the following factors must be considered:
(1) the technical design of the project to ensure compliance with all applicable statutes, rules, and design standards;
(2) the financial capacity of the municipality or private person to repay the loan;
(3) the financial, managerial, and technical ability of the municipality or private person to properly operate and maintain the project;
(4) the feasibility of project completion given the total financing available;
(5) the ability of the municipality or private person to pay the costs of the project without the requested financial assistance;
(6) the total amount of loan funds available for financial assistance in the revolving fund;
(7) the total amount requested in other applications that have been received or that are likely to be received;
(8) the ranking of the project on the priority list or intended use plan; and
(9) any other criteria that the department determines appropriate, considering the purposes of the federal act and the program.
History: En. Sec. 8, Ch. 678, L. 1989; amd. Sec. 18, Ch. 553, L. 1995; amd. Sec. 10, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1122. Creation of debt

75-5-1122. Creation of debt.
The legislature, through the enactment of this law by a two-thirds vote of the members of each house, authorizes the creation of state debt in an amount not to exceed $70 million in principal amount of general obligation bonds outstanding from time to time for the purpose of:
(1) funding the program; and
(2) funding portions of loans on an interim basis pending receipt of:
(a) grant payments from the environmental protection agency for which federal legislation appropriating the proceeds of the grants has been enacted; or
(b) other revenue for the program.
History: En. Sec. 13, Ch. 678, L. 1989; amd. Sec. 1, Ch. 73, L. 1999; amd. Sec. 1, Ch. 18, L. 2003; amd. Sec. 2, Ch. 323, L. 2005; amd. Sec. 2, Ch. 29, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 11. Water Pollution Control State Revolving Fund › 75-5-1126. Projects funded by federal government appropriations

75-5-1126. Projects funded by federal government appropriations.
For projects that are funded in part by appropriations from the federal government over a term of years, that have been approved by the department and the department of natural resources and conservation under 75-5-1112, and that are considered to be in compliance with 75-5-1113, the department of natural resources and conservation may advance money to a municipality in anticipation of the receipt of federal funds by the municipality on the following conditions:
(1) congress has authorized the project and has committed to fund the project at a specified dollar amount over a period of years;
(2) other funding agencies will not authorize construction of the project to begin until there is evidence that construction money will be available to the municipality to pay all of the construction costs;
(3) the department and the department of natural resources and conservation determine that it is in the best interest of the state and the state's objectives under the program that the project begin construction prior to the receipt of all federal appropriations; and
(4) the advance of the money will be in the form of a note that is issued pursuant to 7-7-109 in anticipation of a federal grant for which the municipality promises to pay and pledges to the department of natural resources and conservation the proceeds of the grant when received.
History: En. Sec. 1, Ch. 9, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-101. Policy

75-6-101. Policy.
It is the public policy of this state to protect, maintain, and improve the quality and potability of water for public water supplies and domestic uses.
History: En. Sec. 140, Ch. 197, L. 1967; R.C.M. 1947, 69-4901.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-103. Repealed

75-6-103. Repealed.
Sec. 111, Ch. 324, L. 2021.
History: En. Sec. 142, Ch. 197, L. 1967; amd. Sec. 70, Ch. 349, L. 1974; amd. Sec. 2, Ch. 556, L. 1977; R.C.M. 1947, 69-4903; amd. Sec. 2, Ch. 556, L. 1979; amd. Sec. 2, Ch. 197, L. 1989; amd. Sec. 2, Ch. 645, L. 1991; amd. Sec. 13, Ch. 471, L. 1995; amd. Sec. 4, Ch. 488, L. 1995; amd. Sec. 8, Ch. 73, L. 1997; amd. Sec. 2, Ch. 511, L. 1999; amd. Sec. 3, Ch. 423, L. 2007; amd. Sec. 1, Ch. 85, L. 2009; amd. Sec. 2, Ch. 449, L. 2009; amd. Sec. 2, Ch. 85, L. 2011.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-105. Records required for wells drilled to supply water to public

75-6-105. Records required for wells drilled to supply water to public.
Every person drilling a water well to furnish water for public consumption shall keep a complete record of the depth, thickness, and character of different strata and other information prescribed by the department. Data must be furnished to the department on forms prescribed by it. These data are available to the public at all reasonable times.
History: En. Sec. 145, Ch. 197, L. 1967; R.C.M. 1947, 69-4906; amd. Sec. 56, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-106. Laboratory license required

75-6-106. Laboratory license required.
A laboratory analysis of water taken from a public water supply system or any report of an analysis required by this part or a rule adopted under this part may not be accepted by the department unless the analysis or report is made by the department of public health and human services' laboratory or by a laboratory licensed by the department of public health and human services for water analysis purposes.
History: En. 69-4905.2 by Sec. 5, Ch. 556, L. 1977; R.C.M. 1947, 69-4905.2; amd. Sec. 4, Ch. 556, L. 1979; amd. Sec. 9, Ch. 73, L. 1997; amd. Sec. 57, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-107. Variances and exemptions

75-6-107. Variances and exemptions.
(1) Except as provided in subsection (3), the department may grant a variance or exemption from the requirements of this part or the rules adopted under this part pursuant to the terms and conditions of the variance and exemption rules adopted by the department.
(2) Except as provided in subsection (3), a variance or exemption granted pursuant to this section must be accompanied by a compliance plan specifying a time schedule for compliance.
(3) The department may grant for a period of up to 5 years a variance or exemption for a public water system to use bottled water to achieve compliance with a maximum contaminant level for nitrate. The variance or exemption must include the requirement that the owner of the public water system warn the public that the tap water is not potable and could pose a health risk if consumed by:
(a) posting signs at locations required by the variance or exemption for the period granted by the variance or exemption; and
(b) delivering annual notices as required by the variance or exemption to users of the public water system.
(4) A person aggrieved by a decision of the department to grant, deny, revoke, or modify a variance or exemption may appeal the department's decision to the board as provided in the Montana Administrative Procedure Act.
History: En. 69-4905.1 by Sec. 4, Ch. 556, L. 1977; R.C.M. 1947, 69-4905.1; amd. Sec. 5, Ch. 556, L. 1979; amd. Sec. 1, Ch. 213, L. 2011; amd. Sec. 58, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-108. Department to prescribe fees -- opportunity for appeal

75-6-108. Department to prescribe fees -- opportunity for appeal.
(1) The department shall by rule prescribe fees to be assessed annually on owners of public water supply systems to recover department costs in providing services under this part. The annual fee for a public water supply system is no more than $2.25 for each service connection to the public water supply system for the biennium beginning July 1, 1991, and ending June 30, 1993, and thereafter is no more than $2 for each service connection to the public water supply system, although the minimum fee for any system is $100, except that the fee for a transient noncommunity water system is $50.
(2) Public water supply systems in a municipality may raise the rates to recover costs associated with the fees prescribed in this section without the public hearing required in 69-7-111.
(3) The department shall by rule prescribe fees assessed on persons who submit plans and specifications or development plans for construction, alteration, or extension of a public water supply system or public sewage system. The fees must be commensurate with the cost to the department of reviewing the plans and specifications.
(4) Fees collected pursuant to this section must be deposited in the public drinking water special revenue fund established in 75-6-115.
(5) (a) The department shall notify the owner of a public water supply system in writing of the amount of the fee to be assessed and the basis for the assessment. The owner may appeal the fee assessment in writing to the board within 20 days after receipt of the written notice.
(b) An appeal must be based on the allegation that the fee is erroneous or excessive. An appeal may not be based only on the fee schedule adopted by the department.
(c) If any part of the fee assessment is not appealed, it must be paid to the department on receipt of the notice provided for in subsection (5)(a).
History: En. Sec. 4, Ch. 645, L. 1991; amd. Sec. 59, Ch. 324, L. 2021; amd. Sec. 4, Ch. 353, L. 2023.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-109. Administrative enforcement

75-6-109. Administrative enforcement.
(1) If the department believes that a violation of this part, a rule adopted under this part, or a condition of approval issued under this part has occurred, it may serve written notice of the violation, by certified mail, on the alleged violator or the violator's agent. The notice must specify the provision of this part, the rule, or the condition of approval alleged to have been violated and the facts alleged to constitute a violation. The notice must include an order to take necessary corrective action within a reasonable period of time. The time period must be stated in the order. Service by mail is complete on the date of filing.
(2) If the alleged violator does not request a hearing before the board within 30 days of the date of service, the order becomes final. Failure to comply with a final order may subject the violator to an action commenced pursuant to 75-6-104, 75-6-113, or 75-6-114.
(3) If the alleged violator requests a hearing before the board within 30 days of the date of service, the board shall schedule a hearing. After the hearing is held, the board may:
(a) affirm or modify the department's order issued under subsection (1) if the board finds that a violation has occurred; or
(b) rescind the department's order if the board finds that a violation has not occurred.
(4) An order issued by the department or the board may set a date by which the violation must cease and set a time limit for action to correct a violation.
(5) As an alternative to issuing an order pursuant to subsection (1), the department may:
(a) require the alleged violator to appear before the board for a hearing, at a time and place specified in the notice, to answer the charges complained of; or
(b) initiate an action under 75-6-111(2), 75-6-113, or 75-6-114.
(6) (a) An action initiated under this part may include an administrative penalty not to exceed:
(i) $1,000 for each day of a violation pertaining to a public water system, other than a water hauler or a water bottling plant, that serves a population of more than 10,000; and
(ii) $500 for each day of violation for other violations.
(b) Administrative penalties collected under this section must be deposited in the state general fund.
(7) In determining the amount of penalty to be assessed to a person, the department or the board, as appropriate, shall consider the penalty factors in 75-1-1001 and the rules promulgated under 75-6-104(2)(i).
(8) The contested case provisions of the Montana Administrative Procedure Act, provided for in Title 2, chapter 4, part 6, apply to a hearing under 75-6-108 or this section.
History: En. Sec. 6, Ch. 645, L. 1991; amd. Sec. 2, Ch. 302, L. 1995; amd. Sec. 64, Ch. 509, L. 1995; amd. Sec. 10, Ch. 73, L. 1997; amd. Sec. 6, Ch. 195, L. 1999; amd. Sec. 11, Ch. 487, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-110. Enforcement response

75-6-110. Enforcement response.
(1) Whenever, on the basis of information available to the department, the department finds that a person is in violation of this part, a rule adopted under this part, or a condition, requirement of an approval, or order issued pursuant to this part, 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 75-6-104 and 75-6-109;
(c) bringing a judicial action as authorized by 75-6-111; or
(d) seeking administrative or judicial penalties as provided under 75-6-109, 75-6-113, and 75-6-114.
(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 part do not limit the authority of the department to bring a judicial action, which may include the assessment of penalties, prior to initiating an administrative action authorized by this part.
History: En. Sec. 1, Ch. 302, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-111. Appeal from rule or standard -- injunction to require compliance

75-6-111. Appeal from rule or standard -- injunction to require compliance.
(1) A person aggrieved by a rule, standard, or order adopted or issued pursuant to this part may appeal to the district court, except as otherwise provided in 75-6-109. While the appeal is pending, the rule, standard, or order is in force.
(2) The department may seek an injunction from the appropriate district court to require compliance with this part or a rule or order issued as authorized by this part. The court may award the department costs and expenses incurred in investigating and abating the violation. The department may also initiate an action to collect a criminal penalty as provided in 75-6-113 or a civil penalty as provided in 75-6-114.
History: En. Sec. 146, Ch. 197, L. 1967; amd. Sec. 72, Ch. 349, L. 1974; amd. Sec. 6, Ch. 556, L. 1977; R.C.M. 1947, 69-4907(1), (2); amd. Sec. 7, Ch. 68, L. 1979; amd. Sec. 1, Ch. 412, L. 1985; amd. Sec. 5, Ch. 645, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-112. Prohibited acts

75-6-112. Prohibited acts.
A person may not:
(1) commence or continue construction, alteration, extension, or operation of a system of water supply or water distribution that is intended to be used as a public water supply system or a system that is intended to be used as a public sewage system before the person submits to the department necessary maps, plans, and specifications for its review and the department approves those maps, plans, and specifications;
(2) operate or maintain a public water supply system that exceeds a maximum contaminant level established by the department unless the person has been granted or has an application pending for a variance or exemption pursuant to this part;
(3) violate any provision of this part or a rule adopted under this part; or
(4) violate any condition or requirement of an approval issued pursuant to this part.
History: En. Sec. 144, Ch. 197, L. 1967; R.C.M. 1947, 69-4905; amd. Sec. 6, Ch. 556, L. 1979; amd. Sec. 1, Ch. 230, L. 1989; amd. Sec. 5, Ch. 488, L. 1995; amd. Sec. 15, Ch. 497, L. 1995; amd. Sec. 7, Ch. 195, L. 1999; amd. Sec. 2, Ch. 315, L. 2001; amd. Sec. 5, Ch. 423, L. 2007; amd. Sec. 60, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-113. Penalty

75-6-113. Penalty.
Any person violating this part or any rule or order of the board or department issued under the provisions of this part shall be guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $500. Each day upon which a violation of this part occurs shall be considered a separate offense.
History: En. Sec. 146, Ch. 197, L. 1967; amd. Sec. 72, Ch. 349, L. 1974; amd. Sec. 6, Ch. 556, L. 1977; R.C.M. 1947, 69-4907(3).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-114. Civil penalty

75-6-114. Civil penalty.
(1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this part or a rule, order, or condition of approval issued under this part, the person is subject to a civil penalty not to exceed $10,000. The action must be filed in the district court of the county in which the violation occurred.
(2) Each day of violation constitutes a separate violation.
(3) Action under this section does not bar enforcement of this part or a rule, order, or condition of approval issued under this part by injunction or other appropriate remedy.
(4) When seeking penalties under this section, the department shall take into account the penalty factors in 75-1-1001 in determining an appropriate settlement or judgment, as appropriate.
(5) Civil penalties collected pursuant to this section must be deposited in the state general fund.
History: En. Sec. 7, Ch. 645, L. 1991; amd. Sec. 3, Ch. 302, L. 1995; amd. Sec. 65, Ch. 509, L. 1995; amd. Sec. 12, Ch. 487, L. 2005; amd. Sec. 32, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-115. Public drinking water special revenue fund

75-6-115. Public drinking water special revenue fund.
(1) There is a public drinking water special revenue fund within the state special revenue fund established in 17-2-102.
(2) There must be credited to the public drinking water special revenue fund the revenue from fees assessed, collected, and allocated pursuant to 75-6-108. Funds from the public drinking water special revenue fund may be used only to pay department costs in implementing the public drinking water supply program, as described in this part.
History: En. Sec. 8, Ch. 645, L. 1991; amd. Sec. 66, Ch. 509, L. 1995.