reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.7 - Nondegradation of Water Quality › Rule 17.30.705 - NONDEGRADATION POLICY-APPLICABILITY AND LEVEL OF PROTECTION

Current through Register Vol. 13, July 5, 2024
(1) The provisions of this subchapter apply
				to any activity of man resulting in a new or increased source which may cause
				degradation.
(2) Department review
				of proposals for new or increased sources will determine the level of
				protection required for the impacted water as follows:
(a) For all state waters, existing and
				anticipated uses and the water quality necessary to protect those uses must be
				maintained and protected.
(b) For
				high quality waters, degradation may be allowed only according to the
				procedures in ARM
				17.30.708. These rules apply to
				any activity that may cause degradation of high quality waters, for any
				parameter, unless the changes in existing water quality resulting from the
				activity are determined to be nonsignificant under ARM
				17.30.670,
				17.30.715, or
				17.30.716. If degradation of high
				quality waters is allowed, the department will assure that within the United
				States Geological Survey hydrologic unit upstream of the proposed activity,
				there shall be achieved the highest statutory and regulatory requirements for
				all point and nonpoint sources. This assurance will be achieved through ongoing
				administration by the department of mandatory programs for control of point and
				nonpoint discharges.
(c) For
				outstanding resource waters, no degradation is allowed and no permanent change
				in the quality of outstanding resource waters resulting from a new or increased
				point source discharge is allowed.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.7 - Nondegradation of Water Quality › Rule 17.30.706 - INFORMATIONAL REQUIREMENTS FOR NONDEGRADATION SIGNIFICANCE/AUTHORIZATION REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Any person
				proposing an activity that may cause degradation is responsible for compliance
				with 75-5-303, MCA. Except as provided
				in (2), a person may:
(a) determine for
				themselves, using the standards contained in ARM
				17.30.715 and
				17.30.716, that the proposed
				activity will not cause significant changes in water quality as defined in ARM
				17.30.705; or
(b) submit an application to the department
				pursuant to (3), for the department to make the determination.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.7 - Nondegradation of Water Quality › Rule 17.30.707 - DEPARTMENT PROCEDURES FOR NONDEGRADATION REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Upon a determination by the department
				that an application to degrade state waters required under this rule is
				complete, the department will prepare a preliminary decision either authorizing
				degradation or denying the application to degrade according to the procedures
				in ARM 17.30.708.
(2) An application to degrade state waters
				will be denied unless the applicant has affirmatively demonstrated and the
				department finds, based on a preponderance of evidence, the proposed activity
				to be in full compliance with
				75-5-303, MCA, using the standards
				set out in (3) through (6). The department shall consider an analysis by the
				applicant and any substantive relevant information either submitted by the
				public or otherwise available.
(3)
				To determine that degradation is necessary because there are no economically,
				environmentally, and technologically feasible alternatives to the proposed
				activity that would result in no degradation, the department shall consider the
				following:
(a) The department will determine
				the economic feasibility of the alternative water quality protection practices
				by evaluating the cost effects of the proposed alternatives on the economic
				viability of the project and on the applicant by using standard and accepted
				financial analyses.
(b) In order to
				determine the environmental feasibility of an alternative, the department will
				consider whether such alternative practices are available and will compare the
				overall environmental impacts of the various alternatives and the commitment of
				resources necessary to achieve the alternatives.
(c) In order to determine technological
				feasibility of an alternative, the department will consider whether such
				alternative practices are available and consistent with accepted engineering
				principles.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.7 - Nondegradation of Water Quality › Rule 17.30.708 - DEPARTMENT PROCEDURES FOR ISSUING PRELIMINARY AND FINAL DECISIONS REGARDING AUTHORIZATIONS TO DEGRADE

Current through Register Vol. 13, July 5, 2024
(1) A preliminary
				decision to deny or authorize degradation must be accompanied by a statement of
				basis for the decision and, if applicable, a detailed statement of conditions
				imposed upon any authorization to degrade.
(2) The preliminary decision must include the
				following information, if applicable:
(a) a
				description of the proposed activity;
(b) the level of protection required, e.g.,
				for high-quality waters;
(c) a
				determination that degradation is or is not necessary based on the availability
				of economically, environmentally and technologically feasible alternatives that
				will prevent degradation;
(d) a
				determination of economic or social importance;
(e) a determination that all existing and
				anticipated uses will or will not be fully protected;
(f) the amount of allowed
				degradation;
(g) a description of
				the required water quality protection practices;
(h) a description of all monitoring and
				reporting requirements; and
(i) a
				specific identification of any mixing zone the department proposes to
				allow.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.7 - Nondegradation of Water Quality › Rule 17.30.716 - CATEGORIES OF ACTIVITIES THAT CAUSE NONSIGNIFICANT CHANGES IN WATER QUALITY

Current through Register Vol. 13, July 5, 2024
(1) In addition to the activities listed in
				 75-5-317, MCA, the categories or classes of activities that are identified in
				this rule have been determined by the department to cause changes in water
				quality that are nonsignificant due to their low potential for harm to human
				health or the environment and their conformance with the guidance found in
				 75-5-301, MCA.
(2) A wastewater
				treatment system that does not require an MPDES or MGWPCS permit and meets the
				criteria in (3) and (4) is nonsignificant.
(3) The wastewater treatment system,
				including primary and replacement absorption systems, must meet the following
				criteria:
(a) the absorption systems must be
				500 feet or more (200 feet or more for lots that meet the criteria in (4)(b))
				from the nearest downgradient high-quality state surface water that might be
				impacted. Distance between the absorption system and downgradient high-quality
				state surface water is based on the criteria in ARM 17.30.715(4);
(b) the wastewater treatment systems on a lot
				must have a combined design flow of 600 gallons per day or less, or a combined
				design flow of 800 gallons per day or less if all the wastewater treatment
				systems on the lot are level 2;
(c)
				the wastewater discharge must be residential strength;
(d) each wastewater treatment system must be
				located entirely on the lot where wastewater is produced;
(e) each wastewater treatment system must
				meet the current design standards defined in ARM Title 17, chapter 36,
				subchapters 3 and 9, and Department Circular DEQ-4; and
(f) all wastewater treatment systems on the
				lot must meet the requirements in this rule.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.7 - Nondegradation of Water Quality › Rule 17.30.717 - IMPLEMENTATION OF WATER QUALITY PROTECTION PRACTICES

Current through Register Vol. 13, July 5, 2024
(1) The owner of a new or increased source
				for which no water quality protection practices are approved by the department
				must design and submit a viable plan for implementation of the necessary water
				quality protection practices for department review, modification, and approval
				prior to implementation.
75-5-301,
					 75-5-303, MCA; IMP,
					 75-5-303,
					 75-5-317,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.7 - Nondegradation of Water Quality › Rule 17.30.718 - CRITERIA FOR NUTRIENT REDUCTION FROM WASTEWATER TREATMENT SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) This rule describes the information that
				must be submitted to obtain a department classification of a wastewater
				treatment system as level 1a, level 1b, or level 2, as those terms are defined
				in ARM 17.30.702. The nitrogen treatment level that a wastewater treatment
				system is granted under this rule may be used as the effluent concentration in
				mixing zone calculations.
(2) A
				person seeking classification of a wastewater treatment system as level 1a,
				level 1b, or level 2 must submit the following background information to the
				department regarding the wastewater treatment system, in addition to any other
				information the department determines is necessary to verify the long-term
				treatment capabilities of the system:
(a) a
				description of the technology utilized by the system and the system
				components;
(b) engineering details
				regarding component sizes and materials specifications. Components include, but
				are not limited to, tanks, pumps, piping, control panels, and treatment
				media;
(c) operation and
				maintenance requirements;
(d) a
				description of the long-term reliability of the system components;
(e) a description of the installation
				process; and
(f) information
				verifying the reliability of the wastewater treatment system manufacturer and
				vendor. At a minimum, the vendor or manufacturer must either:
(i) have maintained an office in Montana for
				the past five years with a significant portion of its bsiness related to
				design, construction, or installation of wastewater treatment systems;
				or
(ii) demonstrate an equivalent
				level of experience and reliability in Montana.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, unless the context
				  clearly indicates otherwise, the following terms have the meanings indicated
				  below and are supplemental to the definitions in
				  75-5-103, MCA:
(1) "Beneficial use" means a use of ground
				water designated under the appropriate classification in ARM
				17.30.1006.
(2) "DEQ-7" means Department Circular DEQ-7,
				entitled "Montana Numeric Water Quality Standards" (June 2019 edition), which
				establishes numeric water quality standards for toxic, carcinogenic,
				radioactive, bioconcentrating, nutrient, and harmful parameters.
(a) The department adopts and incorporates by
				reference Department Circular DEQ-7, entitled "Montana Numeric Water Quality
				Standards" (June 2019 edition), which establishes numeric water quality
				standards for toxic, carcinogenic, bioconcentrating, nutrient, radioactive, and
				harmful parameters.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1002 - CLASSIFICATION OF GROUND WATER (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-5-201, MCA; IMP,
					 75-5-301,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1003 - GROUND WATER QUALITY STANDARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-5-301, MCA; IMP,
					 75-5-301,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1005 - APPLICABILITY OF GROUND WATER STANDARDS AND BASIS FOR CLASSIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The standards in ARM
				17.30.1006 establish the maximum
				allowable changes in ground water quality and are the basis for limiting
				discharges to ground water.
(2) The
				ground water standards may be exceeded within a mixing zone established
				pursuant to applicable provisions in ARM Title 17, chapter 30, subchapter
				5.
(3) It is not necessary to treat
				discharges to a purer condition than the natural condition of the receiving
				water, within the meaning of
				75-5-306, MCA.
(4) The classifications of ground water are
				based on natural specific conductance as specified in ARM 17.30.1006.
AUTH:
					 75-5-301,
					 80-15-105,
					 80-15-201, MCA; IMP:
					 75-5-301,
					 80-15-201,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1006 - CLASSIFICATIONS, BENEFICIAL USES, AND SPECIFIC STANDARDS FOR GROUND WATERS

Current through Register Vol. 13, July 5, 2024
(1) Class I ground waters are those ground
				waters with a natural specific conductance less than or equal to 1,000
				microSiemens/cm at 25°C.
(a) The quality
				of Class I ground water must be maintained so that these waters are suitable
				for the following beneficial uses with little or no treatment:
(i) public and private water
				supplies;
(ii) culinary and food
				processing purposes;
(iii)
				irrigation;
(iv) drinking water for
				livestock and wildlife; and
(v)
				commercial and industrial purposes.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1007 - SAMPLE COLLECTION, PRESERVATION, AND ANALYSIS METHODS

Current through Register Vol. 13, July 5, 2024
(1) Methods of sample collection,
				preservation, and sample analysis used to determine compliance with the
				standards in this subchapter must be in accordance with 40 CFR Part 136
				"Guidelines Establishing Test Procedures for the Analysis of Pollutants" (July
				2015), or the following:
(a) EPA-SW-846, Third
				Edition (November 1986), as amended by Updates I (July 1992), II (September
				1994), IIA (August 1993), IIB (January 1995), and III (December 1996), and IIIA
				(May 1999) "Test Methods for Evaluating Solid Waste, Physical/Chemical
				Methods";
(b) EPA-600/R-95/131
				(August 1995), "Methods for the Determination of Organic Compounds in Drinking
				Water", Supplement III;
(c)
				EPA-600/R-93/100 (August 1993), "Methods for the Determination of Inorganic
				Substances in Environmental Samples";
(d) EPA-600/R-94/111 (May 1994), "Methods for
				the Determination of Metals in Environmental Samples," Supplement I;
				or;
(e) methods specifically
				approved by the department in a permit, license, authorization, or approval
				provided for by statute or rule.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1010 - MIXING ZONE

Current through Register Vol. 13, July 5, 2024
(1) Discharges of
				pollutants to ground waters may be granted a mixing zone by the department,
				provided the mixing zone is specifically identified and conforms with the
				requirements and procedures of ARM Title 17, chapter 30, subchapter
				5.
AUTH:
					 75-5-301, MCA; IMP:
					 75-5-301,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1011 - NONDEGRADATION

Current through Register Vol. 13, July 5, 2024
(1) Any ground water whose existing quality
				is higher than the established groundwater quality standards for its
				classification must be maintained at that high quality in accordance with
				75-5-303, MCA, and ARM Title 17,
				chapter 30, subchapter 7.
75-5-301,
					 75-5-303, MCA; IMP,
					 75-5-303,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1022 - EXCLUSIONS FROM PERMIT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				In addition to the permit exclusions identified in
				75-5-401, MCA, the following
				activities or operations are not subject to the permit requirements of this
				subchapter:
(a) motor vehicle wrecking
				facilities and county motor vehicle graveyards licensed pursuant to Title 75,
				chapter 10, MCA;
(b) sources that
				obtain an MPDES permit pursuant to ARM Title 17, chapter 30, subchapter
				13;
(c) public sewage systems that
				were reviewed and approved by the department prior to May 1, 1998, under Title
				75, chapter 6, and ARM
				17.38.101. However, this exclusion
				does not apply to systems with a design capacity greater than 5000 gallons per
				day, if the operator of the system requests a modification after May 1, 1998,
				or if the department determines that operation of the system has caused a
				violation of a statute or rule administered by the department after May 1,
				1998;
(d) public sewage systems
				that are reviewed and approved by the department after March 1, 2024, under
				Title 75, chapter 6, MCA, and ARM
				17.38.101 under a common design
				plan or serving a common development that in the aggregate discharge less than
				one pound of total nitrogen per day;
(e) multi-family sewage disposal systems
				reviewed and approved by the department under Title 76, chapter 4, MCA, and
				multi-family sewage disposal systems reviewed and approved by a local
				government under Title 76, chapter 3, MCA, after May 1, 1998;
(f) multiple-user sewage disposal systems
				reviewed and approved by the Department of Public Health and Human Services
				under Title 50, chapters 50, 51, and 52, MCA, and multi-family sewage disposal
				systems reviewed and approved by local boards of health under Title 50, chapter
				2, MCA, after May 1, 1998;
(g)
				public sewage systems that apply reclaimed wastewater at agronomic rates to
				land as a method of disposal and that have been reviewed and approved by the
				department under Title 75, chapter 6, MCA, and ARM 17.38.101;
(h) public sewage systems that discharge
				unrestricted reclaimed wastewater and that have been reviewed and approved
				under Title 75, chapter 6, MCA, and ARM 17.38.101. Discharges of unrestricted
				reclaimed wastewater excluded under this rule remain subject to the monitoring
				and reporting requirements imposed as a condition of approval under ARM
				17.38.101(8)(c).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1023 - PERMIT APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of any existing source not excluded under ARM
				17.30.1022 discharging pollutants
				into state ground waters shall file an MGWPCS permit application within one
				year of October 29, 1982.
(2) The
				owner or operator of any source with an MGWPCS permit who proposes any
				modification, subsequent to October 29, 1982, which the department determines
				may result in violation of existing permit conditions shall file a new
				completed MGWPCS permit application no less than 180 days prior to the day on
				which it is desired to commence operation of the modified discharge.
(3) The owner or operator of any proposed
				source not excluded under ARM
				17.30.1022 which may discharge
				pollutants into state ground waters shall file a completed MGWPCS permit
				application no less than 180 days prior to the day on which it is desired to
				commence operation of the source.
(4) All applications for an MGWPCS permit
				must be submitted on forms provided by the department and must include the
				following:
(a) a specific site plan,
				indicating topography;
(b) location
				and description of operation of treatment works and disposal systems;
(c) location of adjacent state surface
				waters;
(d) list of surface owners
				and lessees of land within one mile of the proposed source;
(e) location of water supply wells and
				springs within one mile;
(f)
				description of waste or process solutions to be contained on site;
				and
(g) information describing
				existing ground water quality and uses within one mile of the site.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1024 - REVIEW PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) No application
				will be processed by the department until all of the requested information is
				supplied and the application is complete. The department shall make a
				determination of the completeness of the information within 30 calendar days of
				receipt of an application.
(2) An
				application for a MGWPCS permit is not deemed complete until the permit fee
				required under ARM
				17.30.201 is remitted to the
				department.
(3) After receipt of a
				complete MGWPCS permit application and requested supplemental information, the
				department shall make a tentative determination with respect to issuance or
				denial of an MGWPCS permit. The tentative determination must be based on
				compliance or noncompliance with the requirements of this subchapter and Title
				75, chapter 5, MCA.
(4) After
				making the tentative determination, the department shall take the following
				action:
(a) If the determination is to deny
				an MGWPCS permit, the department shall give written notice of the denial to the
				applicant, including a statement of reasons for the denial.
(b) If the determination is to issue an
				MGWPCS permit, the department shall prepare a draft MGWPCS permit, which must
				include the following:
(i) proposed discharge
				limitations and conditions;
(ii)
				monitoring and reporting requirements if any;
(iii) necessary schedules of compliance,
				including interim dates and requirements for meeting proposed discharge
				limitations or other special conditions.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1030 - GENERAL PERMIT CONDITIONS

Current through Register Vol. 13, July 5, 2024
All issued MGWPCS permits must contain general conditions
				  including but not limited to, the following:
(1) All discharges of pollutants into state
				ground waters authorized by an MGWPCS permit must be consistent with the
				conditions of the permit; any sewerage system, treatment works or disposal
				system expansions, production increases or process modifications which may
				result in new or increased discharges of pollutants into state ground waters in
				violation of permit conditions must be reported to the department. After review
				of this information, the department will determine whether submission of a new
				or modified MGWPCS permit application is necessary.
(2) The discharge of pollutants to state
				ground waters more frequently than or at a level in excess of that identified
				and authorized by an MGWPCS permit is a violation of the conditions of the
				permit.
(3) An MGWPCS permit may be
				modified, suspended, or revoked in whole or in part during its term under
				provisions of
				75-5-403 and
				75-5-404, MCA, for cause
				including, but not limited to, any of the following:
(a) violation of any conditions of the
				permit;
(b) obtaining an MGWPCS
				permit by misrepresentation or failure to disclose fully all relevant
				facts;
(c) a change in any
				condition or a violation of ground water standards or degradation of high
				quality ground waters caused by the discharge that requires either a temporary
				or permanent reduction or elimination of the authorized discharge; or
(d) a failure or refusal by the permittee to
				comply with the requirements of
				75-5-602, MCA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1031 - SPECIAL PERMIT CONDITIONS

Current through Register Vol. 13, July 5, 2024
All issued MGWPCS permits must contain special conditions
				  which will assure compliance with the ground water quality standards, giving
				  consideration to the economics of waste treatment and prevention. These
				  conditions may include, but are not limited to, the following:
(1) Authorization of discharges of pollutants
				into state ground waters.
(2)
				Discharge limitations and, if necessary, compliance schedules on each
				authorized discharge of pollutants into state ground waters.
(3) The basis of calculation of discharge
				limitations.
(4) The prohibition of
				certain discharges without prior approval from the department.
(5) Self-monitoring requirements for each
				authorized discharge including, but not limited to, the following:
(a) monitoring well configuration;
(b) pollutants to be monitored;
(c) frequency of monitoring, recording, and
				reporting;
(d) analytical and
				sampling methods to be utilized by the permittee;
(e) recording and reporting procedures to be
				utilized by the permittee; and
(f)
				procedures for reporting other considerations having an effect on authorized
				discharges or that may affect any of the conditions of the permit;
(g) the permittee will be required to
				maintain self-monitoring records for a minimum of three years.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1032 - DURATION OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Every permit
				issued under this subchapter must have a fixed term not to exceed ten
				years.
75-5-401, MCA; IMP,
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1033 - REISSUANCE OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Any permittee
				who wishes to continue to discharge after the expiration date of their MGWPCS
				permit must request reissuance of his their permit at least 180 days prior to
				its date of expiration
(2) The
				request for reissuance of an MGWPCS permit must be in letter form and contain
				as a minimum the following information:
(a)
				the number of the issued MGWPCS permit and date of its issuance; and
(b) any past, present, or future changes in
				the quantity or quality of the authorized discharge not reflected in the
				conditions and terms of the issued MGWPCS permit.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1034 - CONTINUATION OF EXPIRING PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The
				conditions of an expired permit continue in force until the effective date of a
				new permit if:
(a) the permittee has submitted
				a timely and complete application under ARM
				17.30.1033 for a reissued permit;
				and
(b) the department, through no
				fault of the permittee, does not issue a new permit under ARM
				17.30.1033 with an effective date
				on or before the expiration date of the previous permit.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1035 - OBLIGATION TO RAISE ISSUES AND PROVIDE INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) All persons, including applicants, who
				believe any condition of a draft permit is inappropriate or that the
				department's tentative decision to prepare a draft permit is inappropriate,
				shall raise all reasonably ascertainable issues and submit all reasonably
				available arguments supporting their position by the close of the public
				comment period (including any public hearing) under ARM
				17.30.1024.
AUTH:
					 75-5-201,
					 75-5-401, MCA; IMP:
					 75-5-401,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1040 - PUBLIC NOTICE

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall provide public notice of the department's tentative determination to
				issue a permit. The department shall mail the notice to:
(a) the applicant;
(b) any agency or entity identified in ARM
				17.30.1041; and
(c) any person on request.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1041 - DISTRIBUTION OF INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The
				following governmental agencies must be included on a mailing list for public
				notice of tentative determinations to issue MGWPCS permits and are exempted
				from a copying fee where copies of a draft permit, fact sheet, or any related
				documents are requested:
(a) Montana
				Department of Natural Resources and Conservation;
(b) Montana Bureau of Mines and
				Geology;
(c) Montana Department of
				Fish, Wildlife and Parks;
(d)
				Montana Department of Agriculture;
(e) Montana Environmental Quality
				Council;
(f) any state or federal
				agency requesting an opportunity to participate in the MGWPCS permit review
				process;
(g) local health
				authorities in the county in which the source is located.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1042 - GENERAL PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may issue general MGWPCS permits pursuant to the provisions of ARM
				17.30.1030.
75-5-201,
					 75-5-401, MCA; IMP,
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.10 - Montana Ground Water Pollution Control System › Rule 17.30.1045 - EMERGENCY POWERS OF THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1)
				This rule is applicable to spills or unanticipated discharges of pesticides,
				herbicides, other toxic substances or any other materials that would lower the
				quality of any ground waters of the state below Montana ground water quality
				standards.
(2) The owner, operator,
				or person responsible for a spill or unanticipated discharge must notify the
				department as soon as possible by contacting the Montana Disaster and Emergency
				Services 24-hour duty officer [(406)841-3911], and provide all relevant
				information about the spill.
(3)
				Pursuant to
				75-5-621 and
				75-5-622, MCA, and depending on
				the severity of the spill or accidental discharge, the department may require
				the owner or operator to:
(a) take immediate
				remedial measures;
(b) monitor the
				direction, depth and rate of movement of any contaminated ground waters and of
				the spilled or discharged material;
(c) determine the probable impact, including
				the duration of impact, on existing water supply wells, springs, and
				anticipated future beneficial uses of the ground water supply
				impacted;
(d) determine the
				probable impact, including the duration of impact, on surface waters that may
				be affected by contaminated ground waters; or
(e) provide alternate water supplies to
				existing water uses disrupted by the spill or unanticipated
				discharge.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.11 - Storm Water Discharges › Rule 17.30.1101 - PURPOSE AND SCOPE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter
				is intended to be applied together with ARM Title 17, chapter 30, subchapters
				12 and 13 to establish a system for regulating the discharge of pollutants from
				point sources to state waters. This subchapter and subchapters 12 and 13 of ARM
				Title 17, chapter 30 are intended to be compatible with the national pollutant
				discharge elimination system (NPDES) as established by the United States
				Environmental Protection Agency pursuant to section 402 of the federal Clean
				Water Act (CWA), 33 USC
				1251, et seq.
75-5-201,
					 75-5-401, MCA; IMP:
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.11 - Storm Water Discharges › Rule 17.30.1105 - PERMIT REQUIREMENT

Current through Register Vol. 13, July 5, 2024
(1) On or after
				October 1, 1994, operators must obtain an MPDES permit for discharges composed
				entirely of storm water that are not required by (4) to obtain a permit only
				if:
(a) the discharge is associated with
				small construction activity as defined in ARM
				17.30.1102;
(b) the discharge is from a small municipal
				separate storm sewer system as defined in ARM
				17.30.1102 or as designated
				pursuant to ARM
				17.30.1107;
(c) the department determines that storm
				water controls are needed based on wasteload allocations that are part of TMDLs
				that address the pollutants of concern; or
(d) the department determines that the
				discharge is contributing to a violation of a water quality standard or is a
				significant contributor of pollutants to surface waters.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.11 - Storm Water Discharges › Rule 17.30.1106 - EXCLUSIONS

Current through Register Vol. 13, July 5, 2024
(1) In addition to the exclusions stated in
				ARM 17.30.1310, the following storm
				water discharges do not require MPDES permits:
(a) point source discharges of storm water to
				ground water as provided in
				75-5-401(5) (g) ,
				MCA;
(b) existing or new discharges
				composed entirely of storm water from oil or gas exploration, production,
				processing, or treatment operations, or transmission facilities, unless the
				operation or facility:
(i) has had, at any
				time since November 16, 1987, a discharge of storm water resulting in the
				discharge of a reportable quantity for which notification is or was required
				pursuant to 40 CFR
				110.6,
				40 CFR
				117.21 or 40 CFR 302.6;
(ii) contributes to a violation of a water
				quality standard; or
(c)
				existing or new discharges of storm water runoff from mining operations, from
				oil and gas exploration, production, processing, treatment operations, or
				transmission facilities, if such existing or new discharges are composed
				entirely of flows which are from conveyances or systems of conveyances
				including, but not limited to, pipes, conduits, ditches, and channels, used for
				collection and conveying precipitation runoff and which have not come into
				contact with any overburden, raw material, intermediate products, finished
				product, byproduct, or waste products located on the site of such operation.
				For purposes of this rule only, "oil and gas exploration, production,
				processing, treatment operations or transmission facilities" means all field
				activities or operations associated with exploration, production, processing,
				or treatment operations or transmission facilities, including activities
				necessary to prepare a site for drilling and for the movement and placement of
				drilling equipment, whether or not such field activities or operations may be
				considered to be construction activity.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.11 - Storm Water Discharges › Rule 17.30.1107 - DESIGNATION PROCEDURES: SMALL MS4S

Current through Register Vol. 13, July 5, 2024
(1) For
				purposes of this rule, "designation" means a determination by the department
				that an MS4 is subject to the permit requirements of this subchapter.
(2) The department shall designate an MS4
				other than those identified in ARM
				17.30.1102(23) if
				a discharge from the MS4 results in, or has the potential to result in,
				exceedances of water quality standards, including impairment of designated
				uses, or has other significant water quality impacts, including habitat and
				biological impacts. In making a designation under this subsection, the
				department shall:
(a) consider whether the
				MS4:
(i) has discharges to a listed impaired
				waterbody that is on the most recent 303(d) list;
(ii) has high growth or growth
				potential;
(iii) has high
				population density;
(iv) is
				contiguous to an urbanized area; and
(v) is a significant contribution of
				pollutants to surface waters; and
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.11 - Storm Water Discharges › Rule 17.30.1110 - APPLICATION PROCEDURES: GENERAL (Repealed)

Current through Register Vol. 13, July 5, 2024
75-5-201,
					 75-5-401, MCA; IMP:
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.11 - Storm Water Discharges › Rule 17.30.1111 - APPLICATION PROCEDURES, PERMIT REQUIREMENTS: SMALL MS4S

Current through Register Vol. 13, July 5, 2024
(1) Owners or operators of small MS4s obtain
				coverage under an MPDES general or individual permit and are subject to the
				following requirements.:
(a) For small MS4s
				in existence on February 14, 2003, the permit requirements in this subchapter
				are effective beginning March 10, 2003.
(b) The owner or operator of a small MS4 that
				is designated after February 14, 2003 by the department under ARM
				17.30.1107 shall apply for
				authorization within 180 days of notice by the department, unless the
				department grants a later date.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.11 - Storm Water Discharges › Rule 17.30.1115 - NOTICE OF INTENT PROCEDURES: CONSTRUCTION (Repealed)

Current through Register Vol. 13, July 5, 2024
75-5-201,
					 75-5-401, MCA; IMP:
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.11 - Storm Water Discharges › Rule 17.30.1116 - INDUSTRIAL NO-EXPOSURE CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1)
				Discharges composed entirely of storm water are not regulated as discharges
				associated with industrial activity or discharges associated with mining and
				oil and gas activity if there is no exposure of industrial materials and
				activities to rain, snow, snowmelt, and/or runoff, and the discharger satisfies
				the conditions in this rule.
(a) For purposes
				of this rule, "no exposure" means that all industrial materials and activities
				are protected by a storm-resistant shelter to prevent exposure to rain, snow,
				snowmelt, and/or runoff. Industrial materials or activities include, but are
				not limited to, material handling equipment or activities, industrial
				machinery, raw materials, intermediate products, byproducts, final products, or
				waste products. Material handling activities include the storage, loading and
				unloading, transportation, or conveyance of any raw material, intermediate
				product, final product, or waste product.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.11 - Storm Water Discharges › Rule 17.30.1117 - TRANSFER OF PERMIT COVERAGE (Repealed)

Current through Register Vol. 13, July 5, 2024
75-5-201,
					 75-5-401, MCA; IMP:
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.12 - Montana Pollutant Discharge Elimination System (MPDES) Standards › Rule 17.30.1201 - PURPOSE AND SCOPE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				this subchapter is to establish effluent limitations and standards, treatment
				requirements, standards of performance, and other requirements for point
				sources discharging wastes into state surface waters. These requirements,
				together with the rules in subchapter 13, are adopted to discharge the
				responsibilities of the department under Title 75, chapter 5, parts 3 and 4,
				Montana Code Annotated, the Montana Water Quality Act, to adopt effluent
				limitations and standards, standards of performance, and treatment requirements
				for permits issued to point sources discharging into state surface waters.
				These requirements are adopted in a manner that implements the national
				pollutant discharge elimination system (NPDES) established under sections 301,
				302, 304, 306, 307, 316, 318, and 402 of the federal Clean Water Act.
AUTH:
					 75-5-304, MCA; IMP:
					 75-5-304,
					 75-5-401,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.12 - Montana Pollutant Discharge Elimination System (MPDES) Standards › Rule 17.30.1202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions, in addition to those in
				  75-5-103, MCA, apply throughout
				  this subchapter:
(1) "Alternative
				effluent limitations" means all effluent limitations or standards of
				performance for the control of the thermal component of any discharge which are
				established under section 316(a) of the federal Clean Water Act and this
				subchapter.
(2) "Annual mean flow"
				means the average of daily flows over a calendar year. Historical data, up to
				ten years, must be used where available.
(3) "Applicable standards and limitations" is
				defined in ARM
				17.30.1304.
(4) "Balanced, indigenous community" means a
				biotic community typically characterized by diversity, the capacity to sustain
				itself through cyclic changes, presence of necessary food chain species, and a
				lack of domination by pollution-tolerant species. Such a community may include
				historically non-native species introduced in connection with a program of
				wildlife management and species whose presence or abundance results from
				substantial, irreversible environmental modifications. Normally, however, such
				a community will not include species whose presence or abundance is
				attributable to the introduction of pollutants that will be eliminated by
				compliance by all sources with section 301(b)(2) of the federal Clean Water
				Act, and may not include species whose presence or abundance is attributable to
				alternative effluent limitations imposed pursuant to section 316(a) of the
				federal Clean Water Act.
(5)
				"Board" means the Montana Board of Environmental Review established by
				2-15-3502, MCA.
(6) "Closed-cycle recirculating system" means
				a system designed, using minimized makeup and blowdown flows, to withdraw water
				from a natural or other water source to support contact and/or noncontact
				cooling uses within a facility. The water is usually sent to a cooling canal or
				channel, lake, pond, or tower to allow waste heat to be dissipated to the
				atmosphere and then is returned to the system. Some facilities divert the waste
				heat to other process operations. New source water (make-up water) is added to
				the system to replenish losses that have occurred due to blowdown, drift, and
				evaporation.
(7) "Conventional
				pollutant" means the following list of pollutants:
(a) biochemical oxygen demand
				(BOD);
(b) total suspended solids
				(nonfilterable) (TSS);
(c)
				pH;
(d) fecal coliform;
				and
(e) oil and grease.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.12 - Montana Pollutant Discharge Elimination System (MPDES) Standards › Rule 17.30.1203 - CRITERIA AND STANDARDS FOR IMPOSING TECHNOLOGY-BASED TREATMENT REQUIREMENTS IN MPDES PERMITS - VARIANCE PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				Technology-based treatment requirements under section 301(b) of the federal
				Clean Water Act represent the minimum level of control that must be imposed in
				MPDES permits. Unless a more stringent effluent limitation applies under ARM
				17.30.1344, permits issued by the
				department must contain the applicable technology-based treatment requirements
				provided in (2) and (3), according to the applicable deadlines.
(2) For POTWs, effluent limitations must be
				based upon secondary treatment as defined in 40 CFR Part 133, from date of
				permit issuance.
(3) For
				dischargers other than POTWs except as provided in ARM
				17.30.1340(5),
				effluent limitations must require:
(a) the
				best practicable control technology currently available (BPT) in accordance
				with the following schedules:
(i) for
				effluent limitations promulgated under section 304(b) of the federal Clean
				Water Act after January 1, 1982, and requiring a level of control substantially
				greater or based on fundamentally different control technology than under
				permits for an industrial category issued before such date, compliance is
				required as expeditiously as practicable, but in no case later than March 31,
				1989;
(ii) for effluent limitations
				established on a case-by-case basis based on best professional judgment (BPJ)
				under (5) in a permit issued after February 4, 1987, compliance is required as
				expeditiously as practicable, but in no case later than March 31,
				1989;
(iii) for all other BPT
				effluent limitations compliance is required from the date of permit
				issuance.