reglab/statecodes huggingface dataset:
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 17.30.1206 - TOXIC POLLUTANT EFFLUENT STANDARDS

Current through Register Vol. 13, July 5, 2024
(1)
				This rule is applicable to owners or operators of facilities specified in 40
				CFR Part 129 that discharge into state surface waters.
(2) The effluent standards or prohibitions
				for toxic pollutants established in 40 CFR Part 129 shall be applicable to the
				sources and pollutants set forth in 40 CFR Part 129, and may be incorporated
				into any MPDES permit, renewed MPDES permit, or permit modification, in
				accordance with the provisions of 40 CFR Part 129.
(3) The effluent standards and prohibitions
				established in 40 CFR Part 129 apply to the following toxic pollutants:
(a) Aldrin, which means the compound aldrin
				as identified by the chemical name,
				1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-1,4
				-endo-5,8-exo-dimethanonaphthalene and Dieldrin, which means the compound
				dieldrin as identified by the chemical name
				1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-1,4-endo-5,8-exo-dimethanonaphthalene;
(b) DDT, which means the compounds DDT, DDD,
				and DDE as identified by the chemical names:
				(DDT)-1,1,1-trichloro-2,2-bis(p-chlorophenyl) ethane and someo,p'-isomers;
				(DDD) or (TDE)-1,1-dichloro-2,2-bis(p-chlorophenyl) ethane and some
				o,p'-isomers; and (DDE)-1,1-dichloro-2,2-bis(p-chlorophenyl) ethylene;
(c) Endrin, which means the
				compound as identified by the chemical name
				1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-1,4-endo-5,8-endodimethanonaphthalene;
(d) Toxaphene, which means a material
				consisting of technical grade chlorinated camphene having the approximate
				formula of C10 H10 Cl8 and normally containing 67-69 percent chlorine by
				weight;
(e) Benzidine, which means
				the compound benzidine and its salts as identified by the chemical name
				4,4'-diaminobiphenyl;
(f)
				Polychlorinated biphenyls (PCBs), which means a mixture of compounds composed
				of the biphenyl molecule which has been chlorinated to varying
				degrees.
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 17.30.1207 - EFFLUENT LIMITATIONS AND STANDARDS OF PERFORMANCE

Current through Register Vol. 13, July 5, 2024
(1) Permits issued to point source
				dischargers, other than POTWs, must include effluent limitations or standards
				of performance applicable to the point source that are set forth in 40 CFR
				Chapter I, Subchapter N, as provided below:
(a) for existing sources, effluent
				limitations representing the degree of effluent reduction attainable by the
				application of:
(i) the best practicable
				control technology currently achievable (BPT) for all pollutants;
(ii) the best available technology
				economically achievable (BAT) for toxic and nonconventional pollutants;
				and
(iii) the best conventional
				pollutant control technology (BCT) for conventional
				pollutants;
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 17.30.1208 - HAZARDOUS SUBSTANCES (REPEALED)

Current through Register Vol. 13, July 5, 2024
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 17.30.1209 - SECONDARY TREATMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
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 17.30.1210 - CRITERIA AND STANDARDS FOR DETERMINING ALTERNATIVE EFFLUENT LIMITATIONS FOR THERMAL DISCHARGES

Current through Register Vol. 13, July 5, 2024
(1) Thermal
				discharge effluent limitations or standards established in permits may be less
				stringent than those required by applicable standards and limitations, if the
				discharger demonstrates to the satisfaction of the department that such
				effluent limitations are more stringent than necessary to assure the protection
				and propagation of a balanced, indigenous community of shellfish, fish, and
				wildlife in and on the body of water into which the discharge is made. This
				demonstration must show that the alternative effluent limitation desired by the
				discharger, considering the cumulative impact of its thermal discharge together
				with all other significant impacts on the species affected, will assure the
				protection and propagation of a balanced indigenous community of shellfish,
				fish, and wildlife in and on the body of water into which the discharge is to
				be made.
(2) In determining whether
				or not the protection and propagation of the affected species will be assured,
				the department may consider any information contained or referenced in any
				applicable thermal water quality criteria and thermal water quality information
				published by the EPA under section 304(a) of the federal Clean Water Act, or
				any other information the department deems relevant.
(3) Existing dischargers may base their
				demonstration upon the absence of prior appreciable harm in lieu of predictive
				studies. Any such demonstrations must show:
(a) that no appreciable harm has resulted
				from the normal component of the discharge, taking into account the interaction
				of such thermal component with other pollutants and the additive effect of
				other thermal sources to a balanced, indigenous community of shellfish, fish,
				and wildlife in and on the body of water into which the discharge has been
				made; or
(b) that, despite the
				occurrence of such previous harm, the desired alternative effluent limitations,
				or appropriate modifications thereof, will nevertheless assure the protection
				and propagation of a balanced, indigenous community of shellfish, fish, and
				wildlife in and on the body of water into which the discharge is
				made.
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 17.30.1211 - TECHNOLOGY-BASED REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				this rule is to establish technology-based requirements that apply to the
				location, design, construction, and capacity of the cooling water intake
				structures at new facilities. This rule implements section 316(b) of the
				federal Clean Water Act for new facilities. These requirements are implemented
				through MPDES permits.
(2) Section
				316(b) of the federal Clean Water Act provides that any standards established
				pursuant to sections 301 or 306 of the federal Clean Water Act and applicable
				to a point source must require that the location, design, construction, and
				capacity of cooling water intake structures reflect the best technology
				available for minimizing adverse environmental impact.
(3) New facilities that do not meet the
				threshold requirements regarding amount of water withdrawn or percentage of
				water withdrawn for cooling water purposes in (4) must meet requirements
				determined on a case-by-case, best professional judgment (BPJ) basis. The owner
				or operator of a new facility that does not meet the threshold requirements in
				(4) must submit the application information required in
				40 CFR
				122.21(r).
(4) This rule applies to a new facility if
				it:
(a) is a point source that uses or
				proposes to use a cooling water intake structure;
(b) has at least one cooling water intake
				structure that uses at least 25 percent of the water it withdraws for cooling
				purposes as specified in (6); and
(c) has a design intake flow greater than two
				million gallons per day (MGD).
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 17.30.1212 - INFORMATION REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a new facility with cooling water intake structures shall submit to
				the department a statement specifying its intent to comply with the
				technology-based requirements in either (7), (8), or (9) of ARM
				17.30.1211.
(2) The owner or operator of a new facility
				that chooses to comply with the requirements of either (7) or (8) of ARM
				17.30.1211 shall, in addition to
				meeting the application requirements of
				40 CFR
				122.21(r), collect and
				submit to the department the following information, when applying for a new or
				reissued permit, to demonstrate compliance with (7) or (8) of ARM 17.30.1211.
				(The information required under (a) applies only to an owner or operator that
				chooses to comply with (7) of ARM 17.30.1211):
(a) flow reduction information demonstrating
				a reduction in flow to a level that is commensurate with that which can be
				attained by a closed-cycle recirculating cooling water system, including:
(i) a narrative description of the facility's
				system that has been designed to reduce the facility's intake flow to a level
				commensurate with that which can be attained by a closed-cycle recirculating
				cooling water system and any engineering calculations, including documentation
				demonstrating that make-up and blowdown flows have been minimized;
				and
(ii) if the flow reduction
				requirement is met entirely, or in part, by reusing or recycling water
				withdrawn for cooling purposes in subsequent industrial processes,
				documentation that the amount of cooling water that is not reused or recycled
				has been minimized;
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 17.30.1213 - ALTERNATIVE REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Any interested
				person may request that alternative requirements less stringent than those
				required in ARM
				17.30.1211(7) through
				(10) be imposed in a permit. The department
				may establish alternative requirements less stringent than the requirements of
				ARM 17.30.1211(7) through
				(10) only if:
(a) there is an applicable requirement under
				ARM 17.30.1211(7) through
				(10);
(b) the department determines that data
				specific to the facility indicate that compliance with the requirement at issue
				would result in compliance costs wholly out of proportion to the costs EPA
				considered in establishing the requirement at issue or would result in
				significant adverse impacts on local air quality, significant adverse impacts
				on local water resources other than impingement or entrainment, or significant
				adverse impacts on local energy markets;
(c) the alternative requirement requested is
				no less stringent than justified by the wholly out of proportion costs or the
				significant adverse impacts on local air quality, significant adverse impacts
				on local water resources other than impingement or entrainment, or significant
				adverse impacts on local energy markets; and
(d) the alternative requirement will ensure
				compliance with other applicable provisions of the Montana Water Quality Act,
				Title 75, chapter 5, MCA, and the federal Clean Water Act.
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 17.30.1214 - TECHNOLOGY-BASED REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR EXISTING FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				this rule is to establish technology-based requirements that apply to the
				location, design, construction, and capacity of the cooling water intake
				structures at existing facilities. This rule implements section 316(b) of the
				federal Clean Water Act for existing facilities. These requirements are
				implemented through MPDES permits.
(2) Section 316(b) of the federal Clean Water
				Act provides that any standards established pursuant to section 301 and 306 of
				the federal Clean Water Act and applicable to point sources shall require that
				the location, design, construction, and capacity of the cooling water intake
				structure reflect the best technology available for minimizing adverse
				environmental impact.
(3) Existing
				facilities with cooling water intake structures that are not subject to
				technology-based requirements under ARM
				17.30.1211 must meet the
				requirements of section 316(b) of the federal Clean Water Act, as determined by
				the department on a case-by-case, best professional judgment (BPJ)
				basis.
75-5-305,
					 75-5-401, MCA; IMP,
					 75-5-305,
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1301 - PURPOSE AND SCOPE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				this subchapter, taken together with subchapters 11, 12, and 14, is to
				establish and implement one common system for issuing permits for point sources
				discharging pollutants into state waters, and is intended to allow the board
				and department to administer a pollutant discharge permit system which is
				compatible with the national pollutant discharge elimination system as
				established by the U.S. Environmental Protection Agency pursuant to section 402
				of the federal Clean Water Act,
				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 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1302 - CONFLICTING PROVISIONS; SEVERABILITY

Current through Register Vol. 13, July 5, 2024
(1)
				The provisions of the MPDES rules are to be construed as being compatible with
				and complementary to each other. In the event that any of these rules are found
				by a court of competent jurisdiction to be contradictory, the more stringent
				provisions shall apply.
(2) In the
				event that any provision of these rules is found to be invalid by a court of
				competent jurisdiction, the remaining MPDES rules shall not be affected or
				diminished thereby.
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 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1303 - INCORPORATIONS BY REFERENCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
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 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1304 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following terms have the meanings or
				  interpretations indicated below and shall be used in conjunction with and are
				  supplemental to those definitions contained in
				  75-5-103, MCA.
(1) "Act" means the Montana Water Quality
				Act, Title 75, chapter 5, MCA.
(2)
				"Adaptive management plan" means a watershed-specific plan developed under the
				adaptive management program to achieve the narrative nutrient standards and
				address nutrients in a specific watershed. An adaptive management plan includes
				a watershed monitoring plan and, if required, an implementation plan.
(3) "Adaptive management program" means a
				watershed-scale program that protects water quality from the impacts of
				nutrient sources by:
(a) prioritizing
				phosphorus reduction, as appropriate, while accounting for site specific
				conditions;
(b) allowing for
				nutrient sources to be addressed incrementally over time by incorporating
				flexible decision-making which can be adjusted as management actions and other
				factors become better understood;
(c) reasonably balancing all factors
				impacting a waterbody while considering the relative cost of treatment options,
				their feasibility, and their expected water quality improvement;
(d) identifying specific nutrient reduction
				requirements; and
(e) setting as
				its goal the protection and achievement of beneficial uses of the
				waterbody.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1310 - EXCLUSIONS

Current through Register Vol. 13, July 5, 2024
(1) The following discharges do not require
				MPDES permits:
(a) discharges of dredged or
				fill material into waters of the United States that are regulated under section
				404 of the federal Clean Water Act;
(b) the introduction of sewage, industrial
				wastes, or other pollutants into publicly owned treatment works by indirect
				dischargers. Plans or agreements to switch to this method of disposal in the
				future do not relieve dischargers of the obligation to have and comply with
				permits until all discharges of pollutants to state waters are eliminated (see
				also ARM 17.30.1350(2) ).
				This exclusion does not apply to the introduction of pollutants to privately
				owned treatment works or to other discharges through pipes, sewers, or other
				conveyances owned by a state, municipality, or other party not leading to
				treatment works;
(c) any discharge
				in compliance with the instructions of an on-scene coordinator pursuant to 40
				CFR Part 300, et seq. (The National Oil and Hazardous Substances Pollution
				Plan) or 33 CFR Parts 153-157 (Pollution by Oil and Hazardous
				Substances);
(d) any introduction
				of pollutants from non point-source agricultural and silvicultural activities,
				including storm water runoff from orchards, cultivated crops, pastures, range
				lands, and forest lands, but not discharges from concentrated animal feeding
				operations as defined in ARM
				17.30.1304(15),
				discharges from concentrated aquatic animal production facilities as defined in
				ARM 17.30.1331(1),
				discharges to aquaculture projects as defined in ARM
				17.30.1304(5),
				and discharges from silvicultural point sources as defined in ARM
				17.30.1304(65);
(e) return flows from irrigated
				agriculture;
(f) discharges into a
				privately owned treatment works, except as the department may otherwise require
				under ARM 17.30.1344; and
(g) discharges from a water transfer. Water
				transfer means an activity that conveys or connects waters of the state without
				subjecting the transferred water to intervening industrial, municipal, or
				commercial use. This exclusion does not apply to pollutants introduced by the
				water transfer activity itself to the water being transferred.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1311 - PROHIBITIONS

Current through Register Vol. 13, July 5, 2024
No permit may be issued:
(1) when the conditions of the permit do not
				provide for compliance with the applicable requirements of the Act, or rules
				adopted under the Act;
(2) when the
				applicant is required to obtain a state or other appropriate certification
				under section 401 of the federal Clean Water Act and that certification has not
				been obtained or waived;
(3) by the
				department where the regional administrator has objected to issuance of the
				permit under 40 CFR
				123.44;
(4) when the imposition of conditions cannot
				ensure compliance with the applicable water quality requirements of all
				affected states;
(5) for the
				discharge of any radiological, chemical, or biological warfare agent or
				high-level radioactive waste;
(6)
				for any discharge inconsistent with a plan or plan amendment approved under
				section 208(b) of the federal Clean Water Act;
(7) to a new source or a new discharger, if
				the discharge from its construction or operation will cause or contribute to
				the violation of water quality standards. The owner or operator of a new source
				or new discharger proposing to discharge into a water segment which does not
				meet applicable water quality standards or is not expected to meet those
				standards even after the application of the effluent limitations required by
				ARM 17.30.1201 and
				17.30.1203, and for which the
				state or interstate agency has performed a pollutants load allocation for the
				pollutant to be discharged, shall demonstrate, before the close of the public
				comment period, that:
(a) there are
				sufficient remaining pollutant load allocations to allow for the discharge;
				and
(b) the existing dischargers
				into that segment are subject to compliance schedules designed to bring the
				segment into compliance with applicable water quality standards.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1312 - EFFECT OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Except for any
				toxic effluent standards and prohibitions applicable under ARM
				17.30.1206, compliance with a
				permit during its term constitutes compliance, for purposes of enforcement,
				with all applicable effluent standards. However, a permit may be modified,
				revoked and reissued, or terminated during its term for cause as set forth in
				ARM 17.30.1361 and
				17.30.1363.
(2) The issuance of a permit does not convey
				any property rights of any sort, or any exclusive privilege.
(3) The issuance of a permit does not
				authorize any injury to persons or property or invasion of other private
				rights, or any infringement of state or local law or regulations.
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 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1313 - 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 application under ARM
				17.30.1322, which is a complete
				application for a new permit;
(b)
				the department, through no fault of the permittee, does not issue a new permit
				with an effective date under ARM
				17.30.1378 on or before the
				expiration date of the previous permit.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1321 - CONFIDENTIALITY OF INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) In
				accordance with
				75-5-105, MCA, any information
				concerning sources of pollution that is furnished to the board or department or
				which is obtained by either of them is a matter of public record and open to
				public use, provided that trade secrets may be maintained or be confidential if
				so determined by a court of competent jurisdiction.
(2) Claims of confidentiality for the
				following information must be denied:
(a) the
				name and address of any permit applicant or permittee; and
(b) permit applications, permits, and
				effluent data.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1322 - APPLICATION FOR A PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Any person who
				discharges or proposes to discharge pollutants and who does not have an
				effective permit, except persons covered by general permits under ARM
				17.30.1341, excluded under ARM
				17.30.1310, or a user of a
				privately owned treatment works unless the department requires otherwise under
				ARM 17.30.1344, shall submit a
				complete application to the department in accordance with this rule and ARM
				17.30.1364 and
				17.30.1365,
				17.30.1370 through
				17.30.1379, and
				17.30.1383.
(a) All applicants for MPDES permits shall
				submit applications on department permit application forms. More than one
				application form may be required from a facility depending on the number and
				types of discharges or outfalls found there. Application forms may be obtained
				by contacting the Water Protection Bureau at (406) 444-5546; Department of
				Environmental Quality, Water Protection Bureau, 1520 East Sixth Avenue, P.O.
				Box 200901, Helena, MT 59620-0901; or on the department's web site at
http://deq.mt.gov/default.mcpx
.
(b) All applicants, other than publicly owned
				treatment works (POTWs), shall submit Form 1.
(c) Applicants for new and existing POTWs
				shall submit the information required in (12) using Form 2A.
(d) Applicants for concentrated animal
				feeding operations or concentrated aquatic animal production facilities shall
				submit Form 2B.
(e) Applicants for
				existing industrial facilities, including manufacturing facilities, commercial
				facilities, mining activities, and silvicultural activities, shall submit Form
				2C.
(f) Applicants for new
				industrial facilities that discharge process wastewater shall submit Form
				2D.
(g) Applicants for new and
				existing industrial facilities that discharge only non-process wastewater shall
				submit Form 2E.
(h) Applicants for
				new and existing facilities, whose discharge is composed entirely of storm
				water associated with industrial activity, shall submit Form 2F, unless
				exempted by (11)(b) through (d). If the discharge is composed of storm water
				and non-storm water, the applicant shall also submit Forms 2C, 2D, and/or 2E,
				as appropriate, in addition to Form 2F.
(i) Applicants for new cooling water intake
				structures shall submit the information required in (17) in addition to any
				forms required in (e) through (g).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1323 - SIGNATORIES TO PERMIT APPLICATIONS AND REPORTS

Current through Register Vol. 13, July 5, 2024
(1) All permit applications must be signed as
				follows:
(a) for a corporation, by a
				responsible corporate officer. A responsible corporate officer means:
(i) a president, secretary, treasurer, or
				vice-president of the corporation in charge of a principal business function,
				or any other person who performs similar policy- or decision-making functions
				for the corporation; or
(ii) the
				manager of one or more manufacturing, production, or operating facilities
				employing more than 250 persons or having gross annual sales or expenditures
				exceeding $25 million (in second-quarter 1980 dollars), if authority to sign
				documents has been assigned or delegated to the manager in accordance with
				corporate procedures.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1330 - CONCENTRATED ANIMAL FEEDING OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Concentrated animal feeding operations (CAFOs), as defined in
				75-5-801, MCA, or designated in
				accordance with (5) through (7), are point sources subject to the MPDES
				requirements as provided in this rule. Once an animal feeding operation is
				defined as a CAFO for at least one type of animal, the MPDES requirements for
				CAFOs apply with respect to all animals in confinement at the operation and all
				manure, litter, and process wastewater generated by those animals or the
				production of those animals, regardless of the type of animal.
(2) A CAFO must not discharge a pollutant to
				state surface waters unless the discharge is authorized under an MPDES permit.
				In order to obtain authorization under an MPDES permit, the CAFO owner or
				operator must either apply for an individual permit or submit a notice of
				intent for coverage under a general permit.
(3) An application for an individual permit
				must include the information specified in ARM
				17.30.1322(9). A
				notice of intent to be covered under a general permit must include the
				information specified in ARM
				17.30.1322(9) and
				40 CFR
				122.28(b).
(4) CAFOs that meet the requirements of 40
				CFR Part 412 must be authorized by the department under a general permit,
				unless the department discovers site-specific information that indicates a
				general permit is not sufficiently protective of water quality during its
				review under (8). If the department determines that a general permit is not
				sufficient to protect water quality, the department shall require an individual
				permit for the CAFO.
(5) On a
				case-by-case basis, the department may designate any animal feeding operation
				as a concentrated animal feeding operation upon determining that it is a
				significant contributor of pollution to state waters. In making this
				designation the department shall consider the following factors:
(a) the size of the animal feeding operation
				and the amount of wastes reaching state waters;
(b) the location of the animal feeding
				operation relative to state waters;
(c) the means of conveyance of animal wastes
				and process waste waters into state waters;
(d) the slope, vegetation, rainfall, and
				other factors affecting the likelihood or frequency of discharge of animal
				wastes and process waste waters into state waters; and
(e) other relevant factors.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1331 - CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITIES AND AQUACULTURE PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) "Concentrated aquatic animal production
				facility" means a hatchery, fish farm, or other facility which meets the
				criteria in Appendix C of 40 CFR Part 122, or which the department designates
				under (3).
(2) Concentrated aquatic
				animal production facilities, as defined in this rule, are point sources
				subject to the MPDES permit program.
(3) On a case-by-case basis, the department
				may designate any warm or cold water aquatic animal production facility as a
				concentrated animal production facility upon determining that it is a
				significant contributor of pollution to state waters. In making this
				designation the department shall consider the following factors:
(a) the location and quality of the receiving
				state waters;
(b) the holding,
				feeding, and production capacities of the facility;
(c) the quantity and nature of the pollutants
				reaching state waters; and
(d)
				other relevant factors.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1332 - STORM WATER DISCHARGES (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 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1333 - SILVICULTURAL ACTIVITIES

Current through Register Vol. 13, July 5, 2024
(1) Silvicultural
				point sources, as defined in ARM
				17.30.1304(56),
				are point sources subject to the MPDES permit program.
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 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1334 - TECHNICAL STANDARDS FOR CONCENTRATED ANIMAL FEEDING OPERATION

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of a CAFO as
				defined in ARM
				17.30.1330 that is subject to the
				requirements of 40 CFR
				412 Subparts C or D shall develop and
				implement a nutrient management plan (NMP) in accordance with the requirements
				of this rule and 40 CFR
				122.42(e). The NMP must
				address the form, source and amount of nutrients, and the timing and method of
				application for all manure, litter, and other process wastewater that is
				applied to land under the ownership or operational control of the
				CAFO.
(2) For purposes of this
				rule, the following terms have the meaning and interpretations as indicated
				below and are supplemental to the definitions contained in ARM
				17.30.1304:
(a) "expected crop yield" means the estimated
				crop yield, expressed as bushels per acre or tons per acre, in a future year
				based on one of the following:
(i) if historic
				crop yield data are available, the expected crop yield must be based on the
				average of at least three years of previous crop yield data (past average
				yield) using the formula: estimated crop yield = 1.05 X past average yield;
				or
(ii) if historic crop data are
				unavailable, expected crop yield must be based on realistic yield goals
				determined from other sources and described in the facility's NMP;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1340 - NEW SOURCES AND NEW DISCHARGERS

Current through Register Vol. 13, July 5, 2024
(1) Except
				as otherwise provided in an applicable new source performance standard, a
				source is a new source if it meets the definition of new source in ARM
				17.30.1304(37),
				and
(a) it is constructed at a site at which
				no other source is located; or
(b)
				it totally replaces the process or production equipment that causes the
				discharge of pollutants at an existing source; or
(c) its processes are substantially
				independent of an existing source at the same site. In determining whether
				these processes are substantially independent, the department shall consider
				such factors as the extent to which the new facility is integrated with the
				existing plant; and the extent to which the new facility is engaged in the same
				general type of activity as the existing source.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1341 - GENERAL PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may issue general permits for the following categories of point sources which
				the department has determined are appropriate for general permitting under the
				criteria listed in 40 CFR
				122.28 as stated in ARM
				17.30.1105:
(a) cofferdams or other construction
				dewatering discharges;
(b) ground
				water pump test discharges;
(c)
				fish farms;
(d) placer mining
				operations;
(e) suction dredge
				operations using suction intakes no larger than four inches in
				diameter;
(f) oil well produced
				water discharges for beneficial use;
(g) animal feedlots;
(h) domestic sewage treatment
				lagoons;
(i) sand and gravel mining
				and processing operations;
(j)
				point source discharges of storm water;
(k) treated water discharged from petroleum
				cleanup operations;
(l) discharges
				from public water supply systems, as determined under Title 75, chapter 6,
				MCA;
(m) discharges to wetlands
				that do not contain perennial free surface water;
(n) discharges from road salting
				operations;
(o) asphalt plant
				discharges;
(p) discharges of
				hydrostatic testing water;
(q)
				discharges of noncontact cooling water;
(r) swimming pool discharge;
(s) septic tank pumper disposal sites;
				and
(t) pesticide
				application.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1342 - CONDITIONS APPLICABLE TO ALL PERMITS

Current through Register Vol. 13, July 5, 2024
The following conditions apply to all MPDES permits.
				  Additional conditions applicable to MPDES permits are set forth in ARM
				  17.30.1344. All conditions
				  applicable to MPDES permits must be incorporated into the permits either
				  expressly or by reference. If incorporated by reference, a specific citation to
				  these rules must be given in the permit.
(1) The permittee shall comply with all
				conditions of this permit. Any permit noncompliance constitutes a violation of
				the Act and is grounds for enforcement action; for permit termination,
				revocation and reissuance, or modification; or denial of a permit renewal
				application.
(a) The permittee shall comply
				with effluent standards or prohibitions established under ARM
				17.30.1206 for toxic pollutants
				within the time provided in the rules that establish these standards or
				prohibitions, even if the permit has not yet been modified to incorporate the
				requirement.
(b) The Act provides
				that any person who violates a permit condition is subject to a civil penalty
				not to exceed $10,000 per day of such violation. Any person who willfully or
				negligently violates a permit condition is subject to a fine not to exceed
				$25,000 per day of violation or imprisonment for not more than one year, or
				both.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1343 - ADDITIONAL CONDITIONS APPLICABLE TO SPECIFIC CATEGORIES OF MPDES PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The following conditions, in addition to
				those set forth in ARM
				17.30.1342, apply to all MPDES
				permits within the categories specified below:
(a) All existing manufacturing, commercial,
				mining, and silvicultural dischargers, in addition to the reporting
				requirements under ARM
				17.30.1342(12),
				shall notify the department as soon as they know or have reason to believe:
(i) That any activity has occurred or will
				occur which would result in the discharge on a routine or frequent basis, of
				any toxic pollutant which is not limited in the permit, if that discharge will
				exceed the highest of the following "notification levels":
(A) 100 micrograms per liter;
(B) 200 micrograms per liter for acrolein and
				acrylonitrile; 500 micrograms per liter for 2,4-dinitrophenol and for
				2-methyl-4,6-dinitrophenol; and one milligram per liter for antimony;
(C) five times the maximum concentration
				value reported for that pollutant in the permit application in accordance with
				ARM 17.30.1322(7)
				(g); or
(D) the level established by the department
				in accordance with ARM
				17.30.1344(6)
				.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1344 - ESTABLISHING LIMITATIONS, STANDARDS, AND OTHER PERMIT CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) In addition to the conditions established
				under ARM 17.30.1342,
				17.30.1343,
				17.30.1346,
				17.30.1350, and
				17.30.1351, each MPDES permit must
				include conditions meeting the requirements stated in
				40 CFR
				122.43,
				122.44,
				124.56, and
				124.57 (July 1, 1991).
(2) The department adopts and incorporates by
				reference:
(a)
										40 CFR
				122.43 (July 1, 1991), which is a federal
				rule that establishes applicable permit conditions in general;
(b)
										40 CFR
				122.44 (July 1, 1991), which is a federal
				agency rule setting forth additional permit conditions which may be applicable
				to a point source. Such conditions include technology-based and
				water-quality-based standards, toxic and pretreatment standards, reopener
				clause, reporting and monitoring requirements, permit duration and reissuance,
				test methods, best management practices, conditions concerning sewage sludge,
				privately owned treatment works, and conditions imposed in EPA grants to
				POTW's;
(c)
										40 CFR
				124.56 (July 1, 1991), which describes
				requirements for fact sheets;
(d)
										40 CFR
				124.57 (July 1, 1991), which describes the
				public notice that must be provided for draft permits;
(e) 40 CFR chapter 1, subchapter N, (July 1,
				1991), which sets forth federal effluent limitations and standards and new
				source performance standards;
(f)
				40 CFR Part 125 (July 1, 1991), which states standards and criteria for the
				national point discharge elimination system;
(g) 40 CFR Part 129 (July 1, 1991), which
				describes toxic effluent pollutant standards; and
(h) 40 CFR Part 133, (July 1, 1991), which
				sets forth requirements for secondary treatment regulation.
(i) Copies of the above listed materials are
				available from the Department of Environmental Quality, P.O. Box 200901,
				Helena, MT 59620-0901.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1345 - CALCULATING MPDES PERMIT CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) All
				permit effluent limitations, standards, and prohibitions must be established
				for each outfall or discharge point of the permitted facility, except as
				otherwise provided under ARM
				17.30.1344 (40 CFR
				122.44(k)) (BMP's where
				limitations are infeasible) and (10) (limitations on internal waste
				streams).
(2) Production-based
				limitations.
(a) In the case of POTW's,
				permit limitations, standards, or prohibitions must be calculated based on
				design flow.
(b) Except in the case
				of POTW's, or as provided in (3), calculation of any permit limitations,
				standards, or prohibitions which are based on production (or other measure of
				operation) must be based not upon the designed production capacity but rather
				upon a reasonable measure of actual production of the facility. For new sources
				or new dischargers, actual production must be estimated using projected
				production. The time period of the measure of production must correspond to the
				time period of the calculated permit limitations; for example, monthly
				production must be used to calculate average monthly discharge
				limitations.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1346 - DURATION OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) MPDES permits
				are effective for a fixed term not to exceed five years.
(2) Except as provided in ARM
				17.30.1313, the term of a permit
				may not be extended by modification beyond the maximum duration specified in
				this rule.
(3) The department may
				issue any permit for a duration that is less than the full allowable term under
				this rule.
(4) A permit may be
				issued to expire on or after the statutory deadline set forth in section 301(b)
				(2)(A), (C), and (E) of the federal Clean Water Act (July 1, 1984), if the
				permit includes effluent limitations to meet the requirements of sections
				301(b) (2)(A), (C), (D), (E), and (F) of the federal Clean Water Act, whether
				or not applicable effluent limitations guidelines have been promulgated or
				approved.
(5) A determination that
				a particular discharger falls within a given industrial category for purposes
				of setting a permit expiration date under (4) is not conclusive as to the
				discharger's inclusion in that industrial category for any other purposes, and
				does not prejudice any rights to challenge or change that inclusion at the time
				that a permit based on that determination is formulated.
(6) The department adopts and incorporates by
				reference sections 301(b)(2) (A), (C), (E), and (F) of the federal Clean Water
				Act, 33 USC
				1251, et seq., which set forth deadlines for
				achieving effluent limitations and treatment of toxic pollutants.
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 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1350 - SCHEDULES OF COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) The permit may,
				when appropriate, specify a schedule of compliance leading to compliance with
				the Act and rules adopted thereunder, specifically including any applicable
				requirements under ARM Title 17, chapter 30, subchapter 12.
(a) Any schedules of compliance under this
				rule must require compliance as soon as possible, but not later than the
				applicable statutory deadline under the Act or under the federal Clean Water
				Act, as codified at 33 USC
				1311 (b) (2) (A), (C), (D), (E), and
				(F).
(b) The first MPDES permit
				issued to a new source or a new discharger must contain a schedule of
				compliance only when necessary to allow a reasonable opportunity to attain
				compliance with requirements issued or revised after commencement of
				construction but less than three years before commencement of the relevant
				discharge. For recommencing dischargers, a schedule of compliance must be
				available only when necessary to allow a reasonable opportunity to attain
				compliance with requirements issued or revised less than three years before
				recommencement of discharge.
(c)
				Except as provided in (2) (a) (ii), if a permit establishes a schedule of
				compliance which exceeds one year from the date of permit issuance, the
				schedule must set forth interim requirements and the dates for their
				achievement.
(i) The time between interim
				dates may not exceed one year.
(ii)
				If the time necessary for completion of any interim requirement (such as the
				construction of a control facility) is more than one year and is not readily
				divisible into stages for completion, the permit must specify interim dates for
				the submission of reports of progress toward completion of the interim
				requirements and indicate a projected completion date.
(d) The permit must be written to require
				that no later than 14 days following each interim date and the final date of
				compliance, the permittee shall notify the department in writing of its
				compliance or noncompliance with the interim or final requirements, or submit
				progress reports if (c) (ii) is applicable.