reglab/statecodes huggingface dataset:
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 17.30.1351 - REQUIREMENTS FOR RECORDING AND REPORTING OF MONITORING RESULTS

Current through Register Vol. 13, July 5, 2024
(1) All permits must specify:
(a) requirements concerning the proper use,
				maintenance, and installation, when appropriate, of monitoring equipment or
				methods (including biological monitoring methods when appropriate) ;
(b) required monitoring including type,
				intervals, and frequency sufficient to yield data which are representative of
				the monitored activity including, when appropriate, continuous
				monitoring;
(c) applicable
				reporting requirements based upon the impact of the regulated activity and as
				specified in ARM
				17.30.1344. Reporting may be no
				less frequent than specified in that rule.
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 17.30.1354 - DISPOSAL OF POLLUTANTS INTO WELLS, INTO PUBLICLY OWNED TREATMENT WORKS, OR BY LAND APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) When part of a
				discharger's process wastewater is not being discharged into state waters or
				contiguous zone because it is disposed into a well, into a POTW, or by land
				application thereby reducing the flow or level of pollutants being discharged
				into state waters, applicable effluent standards and limitations for the
				discharge in an MPDES permit must be adjusted to reflect the reduced raw waste
				resulting from such disposal. Effluent limitations and standards in the permit
				must be calculated by one of the following methods:
(a) If none of the waste from a particular
				process is discharged into state waters, and effluent limitations guidelines
				provide separate allocation for wastes from that process, all allocations for
				the process must be eliminated from calculation of permit effluent limitations
				or standards.
(b) In all cases
				other than those described in (a), effluent limitations must be adjusted by
				multiplying the effluent limitation derived by applying effluent limitation
				guidelines to the total waste stream by the amount of wastewater flow to be
				treated and discharged into state waters, and dividing the result by the total
				wastewater flow. Effluent limitations and standards so calculated may be
				further adjusted under 40 CFR Part 125, subpart D, to make them more or less
				stringent if discharges to wells, publicly owned treatment works, or by land
				application change the character or treatability of the pollutants being
				discharged to receiving waters. This method may be algebraically expressed as:
Click
				  here to view image
where P is the permit effluent limitation, E is the
				  limitation derived by applying effluent guidelines to the total waste-stream, N
				  is the wastewater flow to be treated and discharged to state waters, and T is
				  the total wastewater flow.
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 17.30.1360 - TRANSFER OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2), a permit may be transferred by the permittee to a new owner or
				operator only if the permit has been modified or revoked and reissued (under
				ARM 17.30.1361(2) (b)
				 ), or a minor modification made (under ARM
				17.30.1362(4) ),
				to identify the new permittee and incorporate such other requirements as may be
				necessary under the Act.
(2) As an
				alternative to transfers under (1), any MPDES permit may be automatically
				transferred to a new permittee if:
(a) the
				current permittee notifies the department at least 30 days in advance of the
				proposed transfer date in (b) ;
(b)
				the notice includes a written agreement between the existing and new permittees
				containing a specific date for transfer of permit responsibility, coverage, and
				liability between them; and
(c) the
				department does not notify the existing permittee and the proposed new
				permittee of his or her intent to modify or revoke and reissue the permit. A
				modification under this rule may also be a minor modification under ARM
				17.30.1362. If this notice is not received, the transfer is effective on the
				date specified in the agreement mentioned in (b).
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 17.30.1362 - MINOR MODIFICATIONS OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1)
				Upon the consent of the permittee, the department may modify a permit to make
				the corrections or allowances for changes in the permitted activity listed in
				this rule, without following the procedures of ARM
				17.30.1364,
				17.30.1365,
				17.30.1370 through
				17.30.1379,
				17.30.1383, and
				17.30.1384. Any permit
				modification not processed as a minor modification under this rule must be made
				for cause and with a draft permit (ARM 17.30.1370) and public notice as
				required in ARM 17.30.1364, 17.30.1365, 17.30.1370 through 17.30.1379,
				17.30.1383, and 17.30.1384. Minor modifications may only:
(a) correct typographical errors;
(b) require more frequent monitoring or
				reporting by the permittee;
(c)
				change an interim compliance date in a schedule of compliance, provided the new
				date is not more than 120 days after the date specified in the existing permit
				and does not interfere with attainment of the final compliance date
				requirement; or
(d) allow for a
				change in ownership or operational control of a facility where the department
				determines that no other change in the permit is necessary, provided that a
				written agreement containing a specific date for transfer of permit
				responsibility, coverage, and liability between the current and new permittees
				has been submitted to the department;
(e) change the construction schedule for a
				discharger that is a new source. No such change may affect a discharger's
				obligation to have all pollution control equipment installed and in operation
				prior to discharge under ARM
				17.30.1340;
(f) delete a point source outfall when the
				discharge from that outfall is terminated and does not result in discharge of
				pollutants from other outfalls except in accordance with permit
				limits;
(g) conform to ARM
				17.30.1342 and
				17.30.1343(1);
(h) incorporate conditions of a POTW
				pretreatment program that has been approved in accordance with the procedures
				in ARM 17.30.1413 (or a modification
				thereto that has been approved in accordance with the procedures in ARM
				17.30.1426 ) as enforceable
				conditions of the POTW's permits; or
(i) incorporate changes to the terms of a
				CAFO's nutrient management plan that have been reviewed and approved in
				accordance with the requirements of
				40 CFR
				122.42 (e)(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 17.30.1363 - TERMINATION OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The following
				are causes for terminating a permit during its term, or for denying a permit
				renewal application:
(a) noncompliance by the
				permittee with any condition of the permit;
(b) the permittee's failure in the
				application or during the permit issuance process to disclose fully all
				relevant facts, or the permittee's misrepresentation of any relevant facts at
				any time;
(c) a determination that
				the permitted activity endangers human health or the environment and can only
				be regulated to acceptable levels by permit modification or termination;
				or
(d) a change in any condition
				that requires either a temporary or a permanent reduction or elimination of any
				discharge controlled by the permit (for example, plant closure or termination
				of discharge by connection to a POTW).
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 17.30.1364 - APPLICATION PROCESSING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
(a) Any person who requires a permit under
				the MPDES program shall complete, sign, and submit to the department an
				application for each permit required under ARM
				17.30.1301. Application procedures
				for authorizations under MPDES general permits are set forth at ARM
				17.30.1341.
(b) The department may not begin the
				processing of a permit until the applicant has fully complied with the
				application requirements for that permit. See ARM
				17.30.1322.
(c) Permit applications must comply with the
				signature and certification requirements of ARM
				17.30.1323.
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 17.30.1370 - DRAFT PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Once an
				application is complete, the department shall tentatively decide whether to
				prepare a draft permit or to deny the application.
(2) If the department tentatively decides to
				deny the permit application, it shall issue a notice of intent to deny. A
				notice of intent to deny the permit application is a type of draft permit which
				follows the same procedures as any draft permit prepared under this rule. See
				(5). If the department's final decision (ARM
				17.30.1378 ) is that the tentative
				decision to deny the permit application was incorrect, it shall withdraw the
				notice of intent to deny and proceed to prepare a draft permit under
				(3).
(3) If the department decides
				to prepare a draft permit, it shall prepare a draft permit that contains the
				following information:
(a) all conditions
				under ARM 17.30.1342;
(b) all compliance schedules under ARM
				17.30.1350;
(c) all monitoring requirements under ARM
				17.30.1351; and
(d) effluent limitations, standards,
				prohibitions and conditions under ARM 17.30.1342, 17.30.1343, and
				17.30.1344.
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 17.30.1371 - FACT SHEET

Current through Register Vol. 13, July 5, 2024
(1) A fact sheet
				must be prepared for every draft permit for a major facility or activity, and
				for every draft permit which the department finds is the subject of widespread
				public interest or raises major issues. The fact sheet must briefly set forth
				the principal facts and the significant factual, legal, methodological and
				policy questions considered in preparing the draft permit. The department shall
				send this fact sheet to the applicant and, on request, to any other
				person.
(2) The fact sheet must
				include, when applicable:
(a) a brief
				description of the type of facility or activity which is the subject of the
				draft permit;
(b) the type and
				quantity of wastes, fluids, or pollutants which are proposed to be
				discharged.
(c) a brief summary of
				the basis for the draft permit conditions including references to applicable
				statutory or regulatory provisions;
(d) reasons why any requested variances or
				alternatives to required standards do or do not appear justified;
(e) a description of the procedures for
				reaching a final decision on the draft permit including:
(i) the beginning and ending dates of the
				comment period under ARM
				17.30.1372 and the address where
				comments will be received;
(ii)
				procedures for requesting a hearing and the nature of that hearing;
				and
(iii) any other procedures by
				which the public may participate in the final decision; and
(f) name and telephone number of a
				person to contact for additional information.
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 17.30.1372 - PUBLIC NOTICE OF PERMIT ACTIONS AND PUBLIC COMMENT PERIOD

Current through Register Vol. 13, July 5, 2024
(1) The department shall give public notice
				that the following actions have occurred:
(a)
				a permit application has been tentatively denied under ARM
				17.30.1370(2);
(b) a draft permit has been prepared under
				ARM 17.30.1370(4);
(c) a hearing has been scheduled under ARM
				17.30.1374;
(d) an MPDES new source determination has
				been made under ARM
				17.30.1340.
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 17.30.1373 - PUBLIC COMMENTS AND REQUESTS FOR PUBLIC HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) During the public comment period provided
				under ARM 17.30.1372, any interested person
				may submit written comments on the draft permit and may request a public
				hearing, if no hearing has already been scheduled. A request for a public
				hearing must be in writing and must state the nature of the issues proposed to
				be raised in the hearing. All comments must be considered in making the final
				decision and must be answered as provided in ARM
				17.30.1377.
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 17.30.1374 - PUBLIC HEARINGS

Current through Register Vol. 13, July 5, 2024
(1)
(a) The department shall hold a public
				hearing whenever it finds, on the basis of requests, a significant degree of
				public interest in a draft permit(s) ;
(b) the department may also hold a public
				hearing at its discretion, whenever, for instance, such a hearing might clarify
				one or more issues involved in the permit decision;
(c) public notice of the hearing must be
				given as specified in ARM
				17.30.1372.
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 17.30.1375 - OBLIGATION TO RAISE ISSUES AND PROVIDE INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) All persons, including applicants, who
				believe any condition of a draft permit is inappropriate or that the
				department's tentative decision to deny an application, terminate a permit, or
				prepare a draft permit is inappropriate, shall raise all reasonably
				ascertainable issues and submit all reasonably available arguments supporting
				their position by the close of the public comment period (including any public
				hearing) under ARM
				17.30.1372.
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 17.30.1376 - REOPENING OF THE PUBLIC COMMENT PERIOD

Current through Register Vol. 13, July 5, 2024
If any data, information or arguments submitted during the
				  public comment period, including information or arguments required under ARM
				  17.30.1375, appear to raise
				  substantial new questions concerning a permit, the department may take one or
				  more of the following actions:
(1)
				prepare a new draft permit, appropriately modified, under ARM
				17.30.1370;
(2) prepare a revised fact sheet under ARM
				17.30.1371, and reopen the comment
				period under ARM
				17.30.1376; or
(3) reopen or extend the comment period under
				ARM 17.30.1370 to give interested
				persons an opportunity to comment on the information or arguments
				submitted.
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 17.30.1377 - RESPONSE TO COMMENTS

Current through Register Vol. 13, July 5, 2024
(1) At the time
				that any final permit decision is issued under ARM
				17.30.1378, the department shall
				issue a response to comments. This response must:
(a) specify which provisions, if any, of the
				draft permit have been changed in the final permit decision, and the reasons
				for the change; and
(b) briefly
				describe and respond to all significant comments on the draft permit raised
				during the public comment period, or during any hearing.
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 17.30.1378 - ISSUANCE AND EFFECTIVE DATE OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1)
				After the close of the public comment period under ARM
				17.30.1372, the department will
				issue a final permit decision. The department will notify the applicant and
				each person who has submitted written comments or requested notice of that
				decision for contesting the decision. The notice must include reference to the
				procedures for appealing the decision. For the purpose of this rule, a final
				permit decision means a final decision to issue, deny, modify, revoke and
				reissue, or terminate a permit.
(2)
				A final permit decision is effective 30 days after the service of notice of the
				decision under (1) unless:
(a) a later
				effective date is specified in the decision, or an appeal is filed pursuant to
				these rules;
(b) a stay is granted
				pursuant to ARM
				17.30.1379; or
(c) no comments requested a change in the
				draft permit, in which case the permit is effective immediately upon
				issuance.
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 17.30.1379 - STAYS OF CONTESTED PERMIT CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1)
				If a request to the department for review of an MPDES permit is granted, the
				effect of the contested permit conditions must be stayed and may not be subject
				to judicial review pending final action by the department. If the permit
				involves a new source, new discharger, or a recommencing discharger, the
				applicant shall be without a permit for the proposed new facility, source, or
				discharger pending final action by the department.
(2) Uncontested conditions which are not
				severable from those contested must be stayed together with the contested
				conditions. Stayed provisions of permits for existing facilities and sources
				must be identified by the department. All other provisions of the permit for
				the existing facility or source must remain fully effective and
				enforceable.
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 17.30.1383 - CONDITIONS REQUESTED BY GOVERNMENT AGENCIES

Current through Register Vol. 13, July 5, 2024
(1) If during the comment period the U.S.
				Fish and Wildlife Service, the National Marine Fisheries Service, or any other
				state or federal agency with jurisdiction over fish, wildlife, or public health
				advises the department in writing that the imposition of specified conditions
				upon the permit is necessary to avoid substantial impairment of fish, or
				wildlife resources, the department may include the specified conditions in the
				permit to the extent they are determined necessary to carry out the provisions
				of ARM 17.30.1350 and of the
				Act.
(2) In appropriate cases the
				department may consult with one or more of the agencies referred to in this
				rule before issuing a draft permit and may reflect their views in the statement
				of basis, the fact sheet, or the draft permit.
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 17.30.1384 - DISPOSAL WELLS

Current through Register Vol. 13, July 5, 2024
Disposal of pollutants into wells that affect state waters is
				  prohibited, except:
(1) as provided in
				the terms and conditions of an MPDES permit; or
(2) water, gas, or other material which is
				injected into a well to facilitate production of oil or gas or water derived in
				association with oil or gas production and disposed of in a well, if the well
				used either to facilitate production or for disposal purposes is approved under
				ARM 36.22.1226 through ARM
				36.22.1234 and it has been
				determined that such injection or disposal will not result in the degradation
				of ground or surface water resources.
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 17.30.1385 - AGENCY MEMBERSHIP RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) Any
				body which approves MPDES permit applications or portions thereof may not
				include as a member any person who receives, or has during the previous two
				years received a significant portion of his income directly or indirectly from
				permit holders or applicants for a permit.
(2) For the purposes of this rule, the term
				"body" includes any individual who has or shares authority to approve permit
				applications or portions thereof, either in the first instance or on
				appeal.
(3) For the purposes of
				this rule, the term "significant portion of his income" means 10% of gross
				personal income for a calendar year, except that it means 50% of gross personal
				income for a calendar year if the recipient is over 60 years of age and is
				receiving such portion pursuant to retirement, pension, or similar
				arrangement.
(4) For the purposes
				of this rule, the term "permit holders or applicants for a permit" does not
				include any department or agency of a state government, such as a department of
				parks or a department of fish and game.
(5) For the purposes of this rule, the term
				"income" includes retirement benefits, consultant fees, and stock
				dividends.
(6) For the purposes of
				this rule, income is not received "directly or indirectly from permit holders
				or applicants for a permit" where it is derived from mutual fund payments, or
				from other diversified investments over which the recipient does not know the
				identity of the primary sources of income.
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 17.30.1386

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-304, MCA; IMP:
					 75-5-304,
					 75-5-401,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1387 - SMALL CONFINEMENT FACILITIES FOR ANIMALS

Current through Register Vol. 13, July 5, 2024
(1) Unless considered necessary by the
				department, the procedural requirements of ARM
				17.30.1370 through
				17.30.1377 and the requirements
				for state-EPA coordinators in ARM
				17.30.1386 do not apply to small
				confinement facilities for animals.
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 17.30.1388 - DEVELOPMENT OF AN ADAPTIVE MANAGEMENT PROGRAM IMPLEMENTING NARRATIVE NUTRIENT STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will adopt rules, in consultation with the Nutrient Work Group, for:
(a) the development of the Adaptive
				Management Program under which point source dischargers whose discharges
				include total phosphorus and/or nitrogen may apply for Individual Montana
				Pollutant Discharge Elimination System Permits (MPDES).
(i) Applications for MPDES Permits from these
				point source dischargers must include an Adaptive Management Plan. The Adaptive
				Management Plan must include a Watershed Monitoring Plan and may include an
				Implementation Plan.
(ii) The
				Watershed Monitoring Plan must:
(A) quantify
				nutrient loading from both point and non-point sources within
				watersheds;
(B) evaluate impacts of
				nutrients on beneficial uses of surface water bodies by requiring monitoring of
				appropriate response variables and any associated impact thresholds; and
(C) consider impairment status
				when identifying monitoring objectives.
(iii) If an Implementation Plan is required,
				the Implementation Plan:
(A) must establish a
				process for identifying nutrient loading reductions and other actions needed to
				achieve the narrative nutrient standards and protect beneficial uses. This
				process will prioritize phosphorus, considering site specific conditions;
				and
(B) may include flexibility for
				point sources to identify a variety of specific actions to reduce nutrient
				loading within the watershed. These actions must be based on results from the
				Watershed Monitoring Plan or department assessments.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1401

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1402

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1405

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1406

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1407

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1410

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1411

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1412

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1413

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1414

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1419

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-105, MCA; IMP:
					 75-5-401,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1420

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1421

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1425

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.14 - Pretreatment › Rule 17.30.1426

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-304, MCA; IMP:
					 75-5-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1501 - PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1502 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1503 - EXISTING SOURCES (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1504 - PROPOSED SOURCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1511 - SUPPLEMENTAL INFORMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1512 - PILOT TESTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1513 - PROCESSING PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1514 - ISSUANCE OR DENIAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1515 - CONDITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1516 - DURATION OF PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1517 - MODIFICATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1520 - SAMPLING, PRESERVATION, ANALYSIS AND QUALITY CONTROL (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1521 - REISSUANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1525 - SPILLS OR UNANTICIPATED DISCHARGES (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1526 - PUBLIC NOTICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.15 - Montana In-Situ Mining of Uranium Control System (MIMUCS) Permit › Rule 17.30.1527 - DISTRIBUTION OF INFORMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1704, RCM 1947 [not codified temporary],
					 75-5-401, MCA; IMP, 50-1704, RCM
					 1947 [not codified temporary],
					 75-5-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.16 - Water Quality Administrative Enforcement Procedure › Rule 17.30.1602

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201, MCA; IMP:
					 75-5-621,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.17 - Miscellaneous Policies and Procedures › Rule 17.30.1701 - NUTRIENT TRADING

Current through Register Vol. 13, July 5, 2024
(1) The board
				adopts and incorporates by reference Department Circular DEQ-13, entitled
				Montana's Policy for Nutrient Trading (December 2012 edition). Copies are
				available from the Department of Environmental Quality, Technical and Financial
				Assistance Bureau, P.O. Box 200901, Helena, MT 59620-0901.
(2) The department shall approve a nutrient
				trade that is consistent with the requirements and guidelines established in
				Montana's Policy for Nutrient Trading.
(3) An owner or operator of a point source
				discharge may submit an application for nutrient trading to the department
				prior to or concurrent with an application for a new, renewed, or modified
				MPDES permit. The application must include the information specified in
				Montana's Policy for Nutrient Trading and be consistent with the guidelines and
				requirements contained in that policy.
(4) An application to trade may be submitted
				for any of the following purposes:
(a) to
				comply with an approved total maximum daily load (TMDL) for
				nutrients;
(b) to offset a new or
				increased discharge of nutrients into a nutrient-impaired water;
(c) to comply with Montana's base numeric
				nutrient criteria or a variance from those criteria;
(d) to offset a new or increased discharge of
				nutrients into waters that are high quality for nutrients; or
(e) to comply with the nonsignificance
				criteria for nutrients in ARM
				17.30.715.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.17 - Miscellaneous Policies and Procedures › Rule 17.30.1702 - SETBACKS BETWEEN SEWAGE LAGOONS AND WATER WELLS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this rule, the following
				definitions apply:
(a) "Lagoon area" means
				the surface area of the lagoon within the design of the high-water mark.
(b) "Maximum day well demand"
				means the highest volume of water discharged from a water well on any day in a
				year.
(c) "Sewage lagoon" means
				any holding or detention pond that is used for treatment or storage of
				water-carried waste products from residences, public buildings, institutions,
				or other buildings, including discharge from human beings or animals, together
				with ground water infiltration and surface water present. For purposes of this
				rule, the term includes concentrated animal feeding operations but does not
				include storm water facilities or subsurface wastewater treatment systems.
(d) "Water well" has the same
				meaning as
				75-5-103,
				MCA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.18 - Procedures for Local Water Quality District Program Approval and Granting Enforcement Authority › Rule 17.30.1801 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				establish procedures for the approval of local water quality district programs,
				to establish procedures for granting enforcement authority to local water
				quality districts, and to ensure that the programs and enforcement actions are
				consistent with Title 75, chapter 5, MCA. Nothing in these rules may be
				considered to limit or restrict the authority of a local government to adopt
				rules and regulations authorized by other laws of the state.
75-5-106,
					 75-5-201, MCA; IMP,
					 75-5-106,
					 75-5-311,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.18 - Procedures for Local Water Quality District Program Approval and Granting Enforcement Authority › Rule 17.30.1802 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions, in addition to those in
				  7-13-4502 and
				  75-5-103, MCA, will apply:
(1) "District" means a "local water quality
				district" established with definite boundaries for the purpose of protecting,
				maintaining, and improving the quality of state water as authorized by Title 7,
				chapter 13, part 45, MCA, and the rules of this subchapter.
(2) "Program" means a local water quality
				district program designed to protect, maintain, and improve the quality of
				state water within the boundaries of a local water quality district established
				according to the procedures specified in Title 7, chapter 13, part 45,
				MCA.
75-5-201, MCA; IMP,
					 75-5-106,
					 75-5-311,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.18 - Procedures for Local Water Quality District Program Approval and Granting Enforcement Authority › Rule 17.30.1803 - NOTIFICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Upon passage of
				a resolution of intention to create a local water quality district, the
				commissioners shall submit a copy of the resolution to the department as
				notification that the commissioners intend to develop a district program and to
				apply for department approval of the program. Submission of the resolution of
				intention to the department initiates the consultation process required by
				75-5-311(1),
				MCA.
AUTH:
					 75-5-201, MCA; IMP:
					 75-5-311,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.18 - Procedures for Local Water Quality District Program Approval and Granting Enforcement Authority › Rule 17.30.1805 - PROGRAM APPLICATION CONTENT

Current through Register Vol. 13, July 5, 2024
(1) To
				obtain approval of a district program, the district's board of directors shall
				file an application with the department. The application shall contain the
				following:
(a) a map delineating the
				boundaries of the district and a description of the existing or potential water
				pollution problems within the proposed district;
(b) a map indicating general land ownership
				and use within the district for land units 1 square mile or more in
				size;
(c) a general description of
				the water resources and water uses within the district, if the information is
				available;
(d) identification of
				the district program goals and objectives;
(e) a district program work plan and
				implementation schedule;
(f) a
				program budget;
(g) information
				necessary for the department to conduct an analysis of potential impacts to
				human health and the environment caused by implementation of the district
				program;
(h) a description of any
				proposed district permit programs; and
(i) copies of any proposed local ordinances
				for the regulation of the facilities and sources of pollution specified in
				75-5-311(4), MCA,
				along with a statement demonstrating that the local ordinances meet the
				following conditions:
(i) the local
				requirements are compatible with and no less stringent than state requirements
				for the protection of water quality, pursuant to
				75-5-311(5) (a),
				MCA, and
(ii) the district's
				enforcement procedures and enforcement actions are consistent with state
				enforcement actions, pursuant to
				75-5-311(5) (b) and
				(c), MCA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.18 - Procedures for Local Water Quality District Program Approval and Granting Enforcement Authority › Rule 17.30.1806 - PROGRAM APPROVAL AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) Upon
				receipt of a district program application by the department, the department
				will have 30 calendar days to conduct a completeness review of the application.
				If the application is incomplete, the department shall send written
				notification to the board of directors identifying the deficiencies and
				requesting additional information. Upon receipt of the requested information,
				the department will have 30 days to conduct a completeness review.
(2) Upon determination that the application
				is complete, the department must notify the board of directors and provide a
				report and recommendation regarding approval of the district program. The
				department must hold a hearing on the application within 60 days following this
				notification.
(3) Prior to
				implementation of the local water quality district program in areas that have
				been added to the district, changes in the boundaries of a district must be
				described in a program amendment and submitted to the department for approval
				as an amendment to the approved program in accordance with
				75-5-311(7), MCA,
				and the procedures in (1) and (2) of this rule.
(4) One year after department approval of a
				district program and annually thereafter, the board of directors shall submit
				to the department a report that evaluates the effectiveness of the district
				program. The report shall include a description of program activities, a
				discussion of the degree to which program goals, objectives, and schedules have
				been satisfied, monitoring results, a budget summary, and a description of the
				number and status of permits issued and enforcement actions initiated, as
				applicable to a particular district program.
(5) A district shall retain all records for a
				minimum of 3 years and make its monitoring data available to the department
				upon request.
AUTH:
					 75-5-201, MCA; IMP:
					 75-5-311,
					 MCA