reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.214 - ENHANCED TREATMENT FOR CRYPTOSPORIDIUM

Current through Register Vol. 13, July 5, 2024
(1) The department adopts and incorporates by
				reference 40 CFR Part 141, subpart W, which establishes or extends treatment
				technique requirements in lieu of maximum contaminant levels for
				cryptosporidium.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.215 - BACTERIOLOGICAL QUALITY SAMPLES

Current through Register Vol. 13, July 5, 2024
(1) The total
				coliform monitoring frequency for all public water supply systems serving 1,000
				or fewer people is one sample/month.
(2) The department adopts and incorporates by
				reference the table in 40
				CFR 141.857(b), which sets
				forth total coliform monitoring frequency requirements for all public water
				supply systems serving more than 1,000 people.
(a) The minimum monitoring frequency for
				total coliforms is based on the average daily population served by the system
				during the month of peak use.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.216 - CHEMICAL AND RADIOLOGICAL QUALITY SAMPLES

Current through Register Vol. 13, July 5, 2024
(1)
				A supplier of water shall collect water samples taken from each entry point
				location serving a community and nontransient noncommunity public water supply
				system for analysis by an approved laboratory of the following inorganic
				chemicals:
(a) alkalinity total
(b) calcium
(c) pH value
(d) sodium
(e) iron
(f) manganese
(g) hardness
(h) specific conductance
(i) sulphate
(j) chloride
(k) magnesium
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.217 - SAMPLING AND REPORTING RESPONSIBILITY

Current through Register Vol. 13, July 5, 2024
(1)
				The supplier of a public water supply system is responsible for the proper
				collection of samples required in this subchapter for microbiological,
				inorganic, organic, and radiological analysis and submission of the samples to
				an approved laboratory or to the state laboratory at the times designated by
				the department. The supplier is also responsible for performing the control
				tests required in this subchapter. Department personnel, where their programs
				allow, may assist in the collection, submission and analysis of the samples.
				Suppliers are also responsible for reporting the results of these samples and
				control tests in accordance with the requirements of this subchapter. A
				supplier shall use reporting formats specified by the department for any
				reporting required in this subchapter.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.218 - VERIFICATION SAMPLES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.219 - SPECIAL SAMPLES

Current through Register Vol. 13, July 5, 2024
(1) Under special
				conditions, additional samples may be required by the department. Such samples
				may be to determine adequacy of disinfection following line installation,
				replacement, or repair. Samples may also be required for determination of
				adequacy of source, storage, treatment or distribution of water to the public.
				The department may use these samples to determine compliance with MCLs, action
				levels, and treatment technique requirements, as set forth in this subchapter.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.225 - CONTROL TESTS

Current through Register Vol. 13, July 5, 2024
(1) To determine
				compliance with treatment requirements of this subchapter, to judge variations
				in water quality, to identify objectionable water characteristics, and to
				detect the presence of foreign substances which may adversely affect the
				quality of the water, control tests must be performed, recorded, and reported
				by water suppliers in accordance with procedures and reporting formats approved
				by the department.
(2) Disinfectant
				residual tests must be conducted daily by:
(a) surface water systems and consecutive
				systems to a surface water system in accordance with the requirements in
				40 CFR
				141.72 and with the other requirements in
				this subchapter for disinfectant residual monitoring for surface water
				supplies. At least two disinfectant residual tests must be conducted daily, one
				at each entry point to the distribution system and one in the distribution
				system;
(b) ground water systems in
				accordance with 40 CFR Par 141, subpart S. Disinfectant residual tests must be
				conducted daily at each entry point to the distribution system to prove
				compliance with the four-log virus inactivation or removal requirement;
				and
(c) ground water systems
				required by the department under ARM
				17.38.229 to maintain a residual,
				and by consecutive systems connected to those systems, at each entry point to
				the distribution system and, if required to maintain a residual in the
				distribution system, one in the distribution system. For consecutive systems,
				the entry point is the point at which the purchased water enters the
				distribution system of the consecutive system.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.226 - CONTROL TESTS-SURFACE SUPPLIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.227 - SPECIAL CONTROL TESTS

Current through Register Vol. 13, July 5, 2024
A special test may be required for a public water supply
				  system exceeding the following amounts:
Constituent
Maximum Amount
(1)
							 Iron............................................
0.30 mg/l
(2)
							 Manganese..............................
0.05 mg/l
(3)
							 Chloride...................................
250.00 mg/l
(4)
							 Sulfate......................................
250.00 mg/l
(5) Total dissolved
							 solids.............
500.00 mg/l
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.229 - MICROBIAL TREATMENT

Current through Register Vol. 13, July 5, 2024
(1) Full-time
				disinfection with chlorine, chlorine dioxide, chloramines, or a disinfectant
				that maintains a residual is mandatory where the source of water is from lakes,
				reservoirs, or streams, or ground water sources under the direct influence of
				surface water, or where the water may be exposed to a potential source of
				contamination including, but not limited to:
(a) losses of pressure within the system that
				could result in backflow or infiltration conditions;
(b) substandard distribution, pumping, or
				storage facilities; or
(c) other
				circumstances where the department determines that the history and nature of
				contamination indicates a residual is required for a safe water.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.230 - FLUORIDATION

Current through Register Vol. 13, July 5, 2024
(1) Where fluoridation is practiced,
				laboratory analysis must be made at least once daily of the water after
				fluoridation to assure an average fluoride content of not over 1.5 ppm in the
				finished water, using a control range from 0.9 ppm lower limits to 1.5 ppm
				upper limit.
(2) Proper records of
				the analyses must be kept on file and a copy forwarded to the department
				monthly. One sample of treated water must be submitted monthly to the
				department for analysis.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.231 - SANITARY SURVEYS

Current through Register Vol. 13, July 5, 2024
(1) Public water
				supply systems must undergo an initial sanitary survey by June 29, 1994, for
				community systems and nontransient noncommunity systems, and by June 29, 1999,
				for transient noncommunity water systems. Thereafter, nontransient noncommunity
				and transient noncommunity water systems must undergo another sanitary survey
				at least once every five years, and community water supply systems must undergo
				another sanitary survey at least once every three years except that the
				department may define a process by which a community system may be determined
				to be an outstanding performer and have its sanitary survey schedule reduced to
				no less frequently than every five years. The department must review the
				results of each sanitary survey to determine whether the existing monitoring
				frequency is adequate and what additional measures, if any, the system needs to
				undertake to improve drinking water quality.
(2) Sanitary surveys must be performed by the
				department or an agent approved by the department. The supplier is responsible
				for ensuring the survey takes place.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.234 - TESTING AND SAMPLING RECORDS AND REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) To ensure the safety of water delivered
				to the consumers, it is essential that there be a record of laboratory
				examinations of the water sufficient to show it is safe with respect to both
				bacteriological quality and other maximum contaminant levels. Suppliers of
				water shall maintain accurate and complete testing records at all water plants
				and for all water systems. Complete records must be made available to the
				department upon request.
(2) A
				supplier shall keep a daily record of the samples and control tests required in
				ARM 17.38.225,
				17.38.227,
				17.38.230, and
				17.38.234(4). The
				records must be kept on report forms approved by the department and must be
				prepared in duplicate. Unless indicated otherwise in these rules, the original
				records must be forwarded to the department by the tenth day of the month
				following testing.
(3)
				Recordkeeping requirements for water haulers are set forth in ARM
				17.38.513.
(4) Actual laboratory reports may be kept or
				data may be transferred to tabular summaries, provided the following
				information is included:
(a) the date, place
				and time of sampling;
(b) the name
				of the person who collected the sample;
(c) identification of the sample as to
				whether it was a routine distribution system sample, repeat sample, triggered
				source sample, confirmation sample, composite sample, raw or process water
				sample, or other special purpose sample;
(d) date and time of analysis;
(e) laboratory and person responsible for
				performing analysis;
(f) the
				analytical technique/method used, analysis number; and
(g) the results of the analysis.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.235 - OPERATING RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.239 - PUBLIC NOTIFICATION FOR COMMUNITY AND NONCOMMUNITY SUPPLIES

Current through Register Vol. 13, July 5, 2024
(1) The department adopts and incorporates by
				reference 40 CFR Part 141, subpart Q, which sets forth public notification
				requirements for drinking water violations.
(2) The department adopts and incorporates by
				reference 40 CFR Part 141, Subpart O, which sets forth requirements for
				consumer confidence reports.
(3)
				The department adopts and incorporates by reference 40 CFR Part 141.85 update,
				which sets forth the public education and supplemental monitoring requirements
				for exceedances of the lead action level.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.244 - VARIANCES AND EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				adopts and incorporates by reference the following:
(a)
										40 CFR
				141.4(a), which sets forth
				general requirements for variances and exemptions;
(b) 40 CFR Part 142, Subpart E, which sets
				forth requirements for variances, except that the department has the same
				authority as the EPA administrator has in a state that does not have primary
				enforcement responsibility for enforcement of the SDWA;
(c) 40 CFR Part 142, Subpart F, which sets
				forth requirements for the issuance of exemptions, except that the department
				has the same authority as the EPA administrator has in a state that does not
				have primary enforcement responsibility for enforcement of the SDWA;
(d) 40 CFR Part 142, Subpart G, which sets
				forth the identification of best technologies, treatment techniques, or other
				means generally available; and
(e)
				CFR Part 142, Subpart K, which sets forth the requirements for variances for
				small public water supply systems.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.248 - SERVICE CONNECTION FEES

Current through Register Vol. 13, July 5, 2024
(1) A public
				water supplier shall pay to the department an annual fee for each state fiscal
				year. The annual fee must be postmarked or delivered to the department no later
				than March 1 of each year.
(2) For
				purposes of this rule, an active service connection is one that provides water
				service for human consumption to a customer that is billed directly or
				otherwise held directly responsible by a public water supply system supplier
				for payment for that service. Activities that do not qualify as human
				consumption include water used exclusively by livestock or for fire protection.
(3) The annual fee does not apply
				to a service connection if:
(a) the service
				connection has been turned off for the entire fiscal year prior to any March 1
				fee payment deadline; and
(b) the
				public water supply system has not required payment for service for that time
				period.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.249 - CERTIFIED OPERATOR AND DESIGNATED CONTACT PERSON

Current through Register Vol. 13, July 5, 2024
(1) The owner of a community or nontransient
				noncommunity public water supply or wastewater treatment system shall retain a
				certified operator, as defined in Title 37, chapter 42, MCA, to perform
				monitoring and reporting in accordance with the requirements of this
				subchapter. The certified operator must be in responsible charge of the public
				water supply or wastewater treatment system in accordance with Title 37,
				chapter 42, MCA.
(2) The owner of a
				public water supply or wastewater treatment system shall provide, no later than
				30 days after the issuance of a written request by the department, the name,
				address, and telephone number of a designated person who shall be responsible
				for contact and communications with the department in matters relating to
				system alteration, extension and construction, monitoring and sampling,
				maintenance, operation, record keeping, notification, and reporting.
(3) The owner of a public water supply or
				wastewater treatment system shall report any change in certified operator or
				designated person to the department within 30 days after the change.
(4) Any communication or notice made by the
				department to a person designated under (2) is deemed to be adequate
				communication or notice to the owner of the public water supply or wastewater
				treatment system.
(5) The
				department hereby adopts and incorporates by reference Title 37, chapter 42,
				MCA, which establishes requirements for operators of public water supply
				systems and wastewater treatment plants. A copy may be obtained from the
				Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.255 - VARIANCE "A" (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 75-6-107,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.256 - VARIANCE "B" (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 75-6-107,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.257 - EXEMPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 75-6-107,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.258 - COMPLIANCE PLAN-GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 75-6-107,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.259 - COMPLIANCE PLAN-VARIANCES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 75-6-107,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.260 - COMPLIANCE PLAN-EXEMPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 75-6-107,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.261 - APPLICATION FOR VARIANCE OR EXEMPTION

Current through Register Vol. 13, July 5, 2024
(1) A
				supplier of water may apply for a variance or exemption by completing an
				application form provided by the department. The department will not commence
				review of an application for a variance or exemption until the application form
				has been completed and all information requested by the department for review
				of the application has been submitted.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 75-6-107,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.262 - GRANT OF A VARIANCE OR EXEMPTION

Current through Register Vol. 13, July 5, 2024
(1) At a
				public hearing held pursuant to ARM
				17.38.244, a presiding officer
				shall accept information, comments and data from persons relevant to the terms
				proposed by the department for a variance or exemption and its accompanying
				compliance plan. The hearing is not subject to the contested case procedure of
				the Montana Administrative Procedure Act, and cross-examination is not allowed.
				The presiding officer has the discretion to limit repetitive
				testimony.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 75-6-107,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.263 - DENIAL OF A VARIANCE OR EXEMPTION

Current through Register Vol. 13, July 5, 2024
(1) If
				the department decides to deny an application for a variance or exemption, the
				department shall notify the applicant of its decision in writing. The notice
				must include a statement of reasons for the denial.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 75-6-107,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.264 - APPEAL OF A VARIANCE OR EXEMPTION TO THE BOARD

Current through Register Vol. 13, July 5, 2024
(1) When the department decides to grant,
				deny, modify or revoke a variance or exemption, a person aggrieved by the
				department's decision may appeal the department's decision to the board if the
				person aggrieved files a petition under oath with the board within 15 days
				after the department renders its decision. The petition of appeal must contain
				the following information:
(a) the name and
				address of the petitioner;
(b) the
				reasons why an appeal is sought; and
(c) if the appeal is from the grant or
				modification of a variance, exemption or compliance plan, the provisions of the
				variance, exemption or compliance plan which the petitioner wants reviewed by
				the board.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.265 - EFFECTIVE DATE OF VARIANCE OR EXEMPTION

Current through Register Vol. 13, July 5, 2024
(1)
				A variance or exemption becomes effective 15 days after the department renders
				its decision if no petition of appeal has been filed with the board within
				those 15 days. The filing of a petition of appeal as required by ARM
				17.38.264 postpones the effective
				date of the variance or exemption until the board has issued a final decision
				on the appeal.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 75-6-107,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.270 - ADOPTION AND INCORPORATION BY REFERENCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.2 - Public Water Supply Requirements › Rule 17.38.271 - DEPARTMENT RECORDKEEPING

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall maintain records regarding its public water supply program and
				make reports to the U.S. Environmental Protection Agency concerning its program
				in a manner that is consistent with requirements set forth in
				40 CFR
				142.14 and
				142.15.
(2) The department hereby adopts and
				incorporates by reference 40
				CFR 142.14 and
				142.15, which describe
				recordkeeping and reporting requirements for state drinking water programs,
				except as listed below:
(a) The first portion
				of 40 CFR
				142.14(a)(10)(i)(B) is
				modified to read "Section 141.854(j) of this chapter-";
(b)
										40 CFR
				142.14(a)(10)(ii)(A),
				142.14(a)(10)(ii)(B),
				and 142.14(a)(10)(ii)(C)
				are not adopted; and
(c)
										40 CFR
				142.15(c)(3) is not
				adopted.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.3 - Cross-Connections in Drinking Water Supplies › Rule 17.38.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, unless the context
				  requires otherwise, the following definitions, in addition to those in
				  75-6-102, MCA, apply:
(1) "Approved backflow prevention assembly or
				device" means an assembly or device approved by the department.
(2) "Back pressure" means any increase of
				water pressure in the downstream piping system above the supply pressure at a
				point where backflow could occur.
(3) "Back siphonage" means a form of backflow
				caused by a reduction in supply pressure which causes a negative or
				sub-atmospheric pressure to exist in the water system.
(4) "Backflow" means the undesirable reversal
				of water flow or the reversal of water flow containing other liquids, gases or
				other substances from a connected source that flows into the distribution pipes
				of the public water supply system.
(5) "Backflow prevention assembly" means an
				apparatus that consists of a backflow prevention device, two shutoff valves,
				and appropriate test ports.
(6)
				"Backflow prevention device" means an apparatus designed to prevent
				backflow.
(7) "Certified backflow
				prevention assembly tester" means a person who holds a current certificate
				issued by a certification program of any state authorizing the person to test
				backflow prevention assemblies or who holds a current certificate from the
				American Society of Sanitary Engineers or the American Backflow Prevention
				Association.
(8) "Cross-connection"
				is defined in
				75-6-102, MCA.
(9) "Degree of hazard" means the level of
				risk created by either a pollutant (non-health hazard) or a contaminant (health
				hazard), as derived from an assessment of the materials that may come in
				contact with the distribution system through a cross-connection.
(10) "Health hazard" means a condition that
				causes or creates a potential for water contamination that may cause disease or
				have other physical or toxic effects on humans.
(11) "Non-health hazard" means a condition
				that causes or creates a potential for water quality degradation but does not
				constitute a health hazard.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.3 - Cross-Connections in Drinking Water Supplies › Rule 17.38.302 - INCORPORATION BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) The department
				adopts and incorporates by reference the "Manual of Cross-Connection Control"
				(10th edition), published by the Foundation for Cross-Connection Control and
				Hydraulic Research, University of Southern California (October 2009). This
				publication sets forth standards for cross-connections to public water supply
				systems. Copies of this publication may be obtained by contacting the
				Foundation for Cross-Connection Control and Hydraulic Research, University of
				Southern California, Kaperielian Hall 200, Los Angeles, CA 90089-2531 or at
https://fccchr.usc.edu
.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.3 - Cross-Connections in Drinking Water Supplies › Rule 17.38.305 - CROSS-CONNECTIONS: REGULATORY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A
				cross-connection on a public water supply system must be eliminated by the
				disconnection of the cross-connection whenever reasonably practicable. Whenever
				elimination of a cross-connection is not reasonably practicable and the
				cross-connection creates a health or non-health hazard, the hazard must be
				eliminated by the insertion into the piping of an approved backflow prevention
				assembly or device in accordance with (2).
(2) For the cross-connections identified
				below, the following types of approved backflow prevention assemblies or
				devices must be used:
(a) A health hazard
				created by a cross-connection that may be subject to back pressure must be
				eliminated by an approved reduced pressure principle backflow prevention
				assembly (RP) or an air-gap.
(b) A
				health hazard created by a cross-connection that may be subject to back
				siphonage, but not subject to back pressure, must be eliminated by an approved
				air-gap, pressure vacuum breaker assembly (PVB), spill-resistant pressure
				vacuum breaker assembly (SVB), atmospheric vacuum breaker (AVB), or a reduced
				pressure principle backflow prevention assembly (RP).
(c) A non-health hazard created by a
				cross-connection that may be subject to back pressure and back siphonage must
				be eliminated, at a minimum, by an approved double check valve assembly (DC).
				This cross-connection condition may also be eliminated by an air-gap or by an
				approved reduced pressure principle backflow prevention assembly (RP).
(d) A non-health hazard created by
				a cross-connection that may be subject to back siphonage, but is not subject to
				back pressure, must be eliminated, at a minimum, by an approved double check
				valve assembly (DC), pressure vacuum breaker assembly (PVB), spill-resistant
				pressure vacuum breaker assembly (SVB), or an atmospheric vacuum breaker (AVB).
				This cross-connection condition may also be eliminated by an air-gap or by an
				approved reduced pressure principle backflow prevention assembly (RP).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.3 - Cross-Connections in Drinking Water Supplies › Rule 17.38.310 - VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS: APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) To obtain approval of a voluntary
				cross-connection control program, an owner or operator of a public water supply
				system shall file an application with the department.
(2) The application must be accompanied by a
				copy of the local ordinances or plan of operations that describes the methods
				for implementing the cross-connection control program. The local ordinances or
				plan of operations must include the following:
(a) a statement defining the responsibilities
				of the public water supplier and the responsibilities of the consumer regarding
				implementation of the program;
(b)
				a requirement for a survey to be conducted by the owner or operator of a public
				water supply system for the purpose of identifying locations where
				cross-connections are likely to occur and evaluating the degree of hazard at
				each location;
(c) a requirement to
				eliminate cross-connections and hazards in compliance with ARM
				17.38.305 on a priority basis
				beginning with those identified as having the highest degree of hazard. A
				health hazard must be assigned a higher degree of risk than all non-health
				hazards;
(d) a description of the
				procedures and criteria that the public water supplier must or will use to
				evaluate the degree of hazard represented by a cross-connection. The procedures
				and criteria must, at a minimum, be consistent with the procedures and criteria
				specified in the "Manual of Cross-Connection Control", incorporated by
				reference in ARM
				17.38.302;
(e) the method for identifying the
				appropriate backflow prevention assembly or device for a specific degree of
				hazard. The methodology must be in accordance with the "Manual of
				Cross-Connection Control" incorporated by reference in ARM 17.38.302, or as
				described in ARM
				17.38.305(2);
(f) a requirement for the installation of
				backflow prevention assemblies or devices where cross-connections identified in
				the survey cannot be practically eliminated;
(g) a provision for maintaining permanent
				records of the locations and types of backflow prevention assemblies or devices
				installed in the public water supply system and a provision requiring records
				regarding the inspection and testing of these backflow prevention assemblies or
				devices; and
(h) a written
				procedure that will be used to inspect and test a backflow prevention assembly
				or device. The procedures must provide that a certified backflow prevention
				assembly tester, as defined in this subchapter, will be used to conduct the
				inspection and testing.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.3 - Cross-Connections in Drinking Water Supplies › Rule 17.38.311 - VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS: PROCEDURE FOR REVIEW OF APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of
				an application for a voluntary cross-connection control program, the department
				shall review the application within 60 days to determine if the application is
				complete. If the application is incomplete, the department shall send written
				notification to the public water supplier identifying the deficiencies and
				requesting additional information. Within 60 days of receipt of the requested
				information, the department shall review the application for compliance with
				this subchapter.
(2) After
				reviewing a complete application for compliance with this subchapter, the
				department shall approve the application if it meets the requirements of ARM
				17.38.312 and disapprove the
				application if it does not meet those requirements. The department shall notify
				the public water supplier in writing that the voluntary program is or is not
				approved by the department. If a voluntary program is not approved, the
				department shall specify the reasons for its denial of the
				application.
(3) If a public water
				supplier wishes to modify a department-approved voluntary program for
				cross-connection control, the modification must be submitted to the department
				for its review and approval according to the requirements of this
				subchapter.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.3 - Cross-Connections in Drinking Water Supplies › Rule 17.38.312 - VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS: STANDARDS AND REQUIREMENTS FOR CROSS-CONNECTION CONTROL

Current through Register Vol. 13, July 5, 2024
(1)
				The department shall approve a voluntary program for cross-connection control
				if:
(a) the applicant has submitted an
				application that meets the requirements of ARM
				17.38.310;
(b) the program provides for elimination of
				cross-connections, health hazards, and non-health hazards, and for installation
				and maintenance of backflow prevention assemblies or devices in accordance with
				ARM 17.38.305;
(c) the program provides that backflow
				prevention assemblies or devices must be inspected and tested, at least
				annually, in accordance with the "Manual of Cross-Connection Control",
				incorporated by reference in ARM
				17.38.302; and
(d) the program provides that inspection and
				testing of backflow prevention assemblies or devices must be performed by a
				certified backflow prevention assembly tester.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.5 - Water Hauled for Cisterns › Rule 17.38.501 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				assure the safety and purity of water hauled from a public water supply source
				to fill cisterns or other reservoirs to provide water for human
				consumption.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.5 - Water Hauled for Cisterns › Rule 17.38.502 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Department" means the Department of
				Environmental Quality.
(2) "Water
				hauler" is a water supplier that is a public water supply system, as defined in
				75-6-102, MCA, and that is engaged
				in the business of transporting water, through a non-piped conveyance, from a
				water source to a cistern or other facility.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.5 - Water Hauled for Cisterns › Rule 17.38.503 - EQUIPMENT, SPECIFICATIONS, AND OPERATION

Current through Register Vol. 13, July 5, 2024
(1) Equipment used for the conveying and
				hauling of water must have water contact surfaces that are made of
				non-corrodible and non-toxic materials. All interior coatings, platings, or
				paints shall be free of toxic materials.
(2) Water-contact surfaces must be smooth for
				easy cleaning and sanitizing.
(3)
				Inlets, outlets, piping, hose, and tank openings must be constructed to prevent
				entrance of foreign materials that may contaminate the water.
(4) The tanks or containers shall be free of
				deep pits, excessive scale, dents, or crimps which may tend to hold
				contaminating matter.
(5) All water
				contact surfaces including tanks must never have been used to transport or
				handle toxic or noxious substances.
(6) All inlet openings must be kept closed
				except when filling or cleaning.
(7) Flexible delivery piping, connectors, and
				ends are to be protected at all times. During delivery, cistern or reservoir
				must be protected from contamination.
(8) Tanks used for hauling water for human
				consumption shall not be used for any other purpose.
(9) Each piece of equipment used to haul
				water may be inspected periodically by representatives of the
				department.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.5 - Water Hauled for Cisterns › Rule 17.38.510 - SANITIZING EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) Hauling
				equipment must be cleaned and sanitized:
(a)
				before being used the first time and after a period of non-use.
(b) after any portion of equipment has been
				dismantled or repaired.
(c) after
				known errors in sanitary procedures by the operators have occurred.
(d) at least weekly.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.5 - Water Hauled for Cisterns › Rule 17.38.511 - WATER SUPPLY

Current through Register Vol. 13, July 5, 2024
(1) Water to be
				hauled must be taken from a department-approved community public water supply
				system and from a department-approved water loading station that meets the
				requirements of Department Circular DEQ-1.
(2) Water haulers shall collect
				bacteriological samples from the water hauling equipment at least once per
				month for each approved public water supplier the hauler uses that
				month.
(3) If a water hauler's
				public water supplier is in compliance with the monitoring and maximum
				contaminant level requirements set forth in ARM Title 17, chapter 38,
				subchapter 2, the water hauler is not required to duplicate the entry point
				sampling of the supplier unless specifically required to do so by the
				department.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.5 - Water Hauled for Cisterns › Rule 17.38.512 - FILLING POINTS

Current through Register Vol. 13, July 5, 2024
(1) Filling points
				must be constructed in order to protect against contamination of the filling
				pipe or hose when not in use. They must also be protected during the tank
				filling operation to prevent contamination of either the water being piped into
				the tank or water in the public water supply system.
(2) There must be no direct connection
				between the hose or pipe on the public water supply and the hauling tank
				itself. An air gap must be provided or an adequate back flow prevention device
				must be installed on the filler pipe.
AUTH:
					 75-6-104, MCA; IMP:
					 75-6-104,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.5 - Water Hauled for Cisterns › Rule 17.38.513 - CHEMICAL TREATMENT OF WATER

Current through Register Vol. 13, July 5, 2024
(1) Except
				as provided in (3), water haulers shall dose each load of water with enough
				chlorine to provide a free chlorine or total chlorine residual of at least 0.4
				parts per million (ppm), not to exceed 4.0 ppm, at the time the water hauling
				equipment is filled and at the time the water is delivered to the receiving
				system. Water haulers shall use department-approved methods to monitor the
				chlorine residual concentration.
(2) Water haulers shall monitor each load of
				water, and shall record chlorine residual results on department-approved forms.
				Haulers shall retain the records of chlorine residual results for each load and
				shall provide the records to the department upon request. Chlorine residual
				records must be retained for ten years, as required by 40 CFR, Part 141.33,
				which is incorporated by reference in ARM
				17.38.234. By the tenth of the
				month following a delivery, haulers shall report the following to the
				department on department-approved forms:
(a)
				one chlorine residual result for each day water is delivered, taken from the
				load with the lowest monitored residual result; and
(b) for days that a hauler obtains and
				delivers water from multiple public water suppliers, one chlorine residual
				result per supplier per day, taken from the loads with the lowest monitored
				residual result.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.6 - Administrative Enforcement Procedures › Rule 17.38.601

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-6-103, MCA; IMP:
					 75-6-109,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.6 - Administrative Enforcement Procedures › Rule 17.38.602

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-6-103, MCA; IMP:
					 75-6-109,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.6 - Administrative Enforcement Procedures › Rule 17.38.603

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-6-103, MCA; IMP:
					 75-6-109,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.6 - Administrative Enforcement Procedures › Rule 17.38.606 - ADMINISTRATIVE PENALTIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-109,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.6 - Administrative Enforcement Procedures › Rule 17.38.607

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-6-103, MCA; IMP,
					 75-6-109,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.7 - Miscellaneous › Rule 17.38.701 - LICENSES-PRIVATE WATER SUPPLIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103, MCA; IMP,
					 75-6-103,
					 75-6-112,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.7 - Miscellaneous › Rule 17.38.702 - DISPOSAL OF EXCREMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103,
					 75-6-112, MCA; IMP,
					 75-6-103,
					 75-6-112,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.38 - PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS › Subchapter 17.38.7 - Miscellaneous › Rule 17.38.703 - BARNYARDS AND STOCKPENS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-6-103,
					 75-6-112, MCA; IMP,
					 75-6-113,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.1 - Water and Wastewater Operators Advisory Council › Rule 17.40.101 - COUNCIL ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The water and
				wastewater operators advisory council is described in ARM
				17.1.101 of these rules.
2-4-201, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.2 - Water and Wastewater Systems and Operators › Rule 17.40.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the terms defined in
				  37-42-102, MCA:
(1) "Advanced or tertiary wastewater
				treatment" means additional treatment to remove suspended or dissolved
				substances remaining after conventional secondary wastewater treatment
				processes. Treatment may utilize biological or chemical treatment processes.
				Mechanical tertiary treatment processes refer to advanced treatment processes
				that require extensive use of mechanical equipment such as pumps, blowers,
				chemical metering, motors and other pieces of equipment and
				structures.
(2) "Certified
				operator-in-training" means an operator who does not satisfy the experience
				requirements set forth in ARM
				17.40.213, but has:
(a) passed the certification examination;
				and
(b) met applicable continuing
				education requirements in ARM 17.40.213.