reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.615 - WATER-USE CLASSIFICATIONS AND DESCRIPTIONS - CONSTRUCTED DITCHES, SEASONAL AND SEMI-PERMANENT LAKES, AND EPHEMERAL STREAMS

Current through Register Vol. 13, July 5, 2024
(1) The water-use classifications for waters
				in constructed irrigation ditches and drain ditches that are state waters as
				defined in
				75-5-103, MCA, and the water-use
				classification for waters in ephemeral streams and seasonal and semi-permanent
				lakes and ponds are as follows:
(a) waters in
				constructed irrigation and drain ditches that contain controlled flows of
				surface water and are de-watered during the non-irrigation
				season............................................ D-1
(b) waters in constructed irrigation and
				drain ditches that contain controlled flows of surface water mixed with ground
				water............................................................................................
				D-2
(c) ephemeral streams including
				ephemeral streams with flows that are periodically augmented by discharges from
				point sources..................................................................
				E-1
(d) ephemeral streams with
				flows that are augmented by continuous discharges from point
				sources...................................................................................................................................
				E-2
(e) seasonal lakes and
				ponds................................................................................
				E-3
(f) semi-permanent lakes and
				ponds, not including reservoirs, that have an electrical conductivity (EC) less
				than 7,000
				µS/cm...........................................................................
				E-4
(g) semi-permanent lakes and
				ponds, not including reservoirs, that seasonally have an EC equal to or greater
				than 7,000
				µS/cm................................................................................
				E-5
(h) streams with low or
				sporadic flow that, because of natural hydro-geomorphic and hydrologic
				conditions, are not able to support
				fish............................................................ F-1
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.616 - WATER-USE CLASSIFICATION AND DESCRIPTIONS FOR PONDS AND RESERVOIRS CONSTRUCTED FOR THE DISPOSAL OF COAL BED METHANE WATER (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-5-301, MCA; IMP,
					 75-5-301,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.617 - OUTSTANDING RESOURCE WATERS - DESIGNATION

Current through Register Vol. 13, July 5, 2024
(1) All state surface waters located wholly
				within the boundaries of designated national parks or wilderness areas as of
				October 1, 1995, are outstanding resource waters (ORWs). Other state waters may
				be designated an ORW by the department following the procedures in
				75-5-316, MCA, subject to approval
				by the legislature.
AUTH:
					 75-5-301,
					 75-5-316, MCA; IMP:
					 75-5-316,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.618 - NATURAL AND NONANTHROPOGENIC WATER QUALITY STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Named waterbodies, waterbody segments, or
				waterbodies within geographic regions listed below have natural or
				nonanthropogenic concentrations for one or more parameters that exceed the
				applicable standards. For these waterbodies, the standards specified in (2)
				supersede the otherwise applicable water quality standards found elsewhere in
				state law.
(2) No person may
				violate the numeric water quality standards identified below:
(a) Mainstem Yellowstone River
				Nonanthropogenic Standards. Water quality standards for human health for total
				recoverable arsenic (CASRN number 7440-38-2 ). Average arsenic concentrations
				during a calendar year may not exceed the standards, and downstream water
				quality and applicable beneficial uses shall continue to be maintained. The
				standards, specified by segment, are as follows:
(i) From the Montana/Wyoming border (44.9925,
				-110.5172) to the mouth of Mill Creek (45.4165, -110.6548): 28
				µg/L;
(ii) From the mouth of
				Mill Creek (45.4165, -110.6548) to the mouth of the Boulder River (45.8530,
				-109.9247): 22 µg/L;
(iii)
				From the mouth of the Boulder River (45.8530, -109.9247) to the mouth of the
				Stillwater River (45.6399, -109.2829): 16 µg/L; and
(iv) From the mouth of the Stillwater River
				(45.6399, -109.2829) to the mouth of the Clarks Fork of the Yellowstone River
				(45.6510, -108.7145): 13 µg/L.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.619 - INCORPORATIONS BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) The department
				adopts and incorporates by reference the following state and federal
				requirements and procedures as part of Montana's surface water quality
				standards:
(a) Department Circular DEQ-7,
				entitled "Montana Numeric Water Quality Standards" (June 2019 edition), which
				establishes numeric water quality standards for toxic, carcinogenic,
				bioconcentrating, radioactive, and harmful parameters and also establishes
				human health-based water quality standards for the following specific nutrients
				with toxic effects:
(i) nitrate;
(ii) nitrate + nitrite; and
(iii) nitrite;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.620 - SPECIFIC SURFACE WATER QUALITY STANDARDS-GENERAL

Current through Register Vol. 13, July 5, 2024
(1) Specific surface water quality standards,
				along with general provisions in ARM
				17.30.635 through
				17.30.637,
				17.30.640,
				17.30.641,
				17.30.645, and
				17.30.646, protect the beneficial
				water uses set forth in the water-use descriptions for the following
				classifications of water.
(2)
				Standards for Escherichia coli bacteria are based on a minimum of five samples
				obtained during separate 24-hour periods during any consecutive 30-day period
				analyzed by the most probable number or equivalent membrane filter
				methods.
75-5-201,
					 75-5-301, MCA; IMP,
					 75-5-301,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.621 - A-CLOSED CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified A-Closed are to be maintained suitable for drinking, culinary, and
				food processing purposes after simple disinfection. Water quality is to be
				maintained suitable for swimming, recreation, growth, and propagation of fishes
				and associated aquatic life, although access restrictions to protect public
				health may limit actual use of A-Closed waters for these uses.
(2) Public access and activities such as
				livestock grazing and timber harvest are to be controlled by the utility owner
				under conditions prescribed and orders issued by the department.
(3) No person may violate the following
				specific water quality standards for waters classified A-Closed:
(a) The geometric mean number of Escherichia
				coli bacteria may not exceed 32 colony forming units per 100 milliliters and 10
				percent of the samples may not exceed 64 colony forming units per 100
				milliliters during any 30-day period. Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b).
(b) No change from naturally occurring
				dissolved oxygen levels is allowed.
(c) No change from natural pH is
				allowed.
(d) No increase above
				naturally occurring turbidity is allowed except as permitted in
				75-5-318, MCA.
(e) No increase above naturally occurring
				water temperature is allowed.
(f)
				No increases are allowed above naturally occurring concentrations of sediment
				or suspended sediment (except as permitted in
				75-5-318, MCA) , settleable
				solids, oils, or floating solids, which will or are likely to create a nuisance
				or render the waters harmful, detrimental, or injurious to public health,
				recreation, safety, welfare, livestock, wild animals, birds, fish, or other
				wildlife.
(g) No increase in true
				color is allowed.
(h) No increases
				of carcinogenic, bioconcentrating, toxic or harmful parameters, pesticides, and
				organic and inorganic materials, including heavy metals, above naturally
				occurring concentrations, are allowed.
(i) No increase in radioactivity above
				natural background levels is allowed.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.623 - B-1 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified B-1 are to be maintained suitable for drinking, culinary, and food
				processing purposes, after conventional treatment; bathing, swimming, and
				recreation; growth and propagation of salmonid fishes and associated aquatic
				life, waterfowl and furbearers; and agricultural and industrial water
				supply.
(2) No person may violate
				the following specific water quality standards for waters classified B-1:
(a) Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b). The water quality
				standard for Escherichia coli bacteria (E-coli) varies according to season, as
				follows:
(i) from April 1 through October 31,
				the geometric mean number of E-coli may not exceed 126 colony forming units per
				100 milliliters and 10% of the total samples may not exceed 252 colony forming
				units per 100 milliliters during any 30-day period; and
(ii) from November 1 through March 31, the
				geometric mean number of E-coli may not exceed 630 colony forming units per 100
				milliliters and 10% of the samples may not exceed 1,260 colony forming units
				per 100 milliliters during any 30-day period.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.624 - B-2 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified B-2 are to be maintained suitable for drinking, culinary, and food
				processing purposes, after conventional treatment; bathing, swimming, and
				recreation; growth and marginal propagation of salmonid fishes and associated
				aquatic life, waterfowl and furbearers; and agricultural and industrial water
				supply.
(2) No person may violate
				the following specific water quality standards for waters classified B-2:
(a) Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b). The water quality
				standard for Escherichia coli bacteria (E-coli) varies according to season, as
				follows:
(i) from April 1 through October 31,
				the geometric mean number of E-coli may not exceed 126 colony forming units per
				100 milliliters and 10% of the total samples may not exceed 252 colony forming
				units per 100 milliliters during any 30-day period; and
(ii) from November 1 through March 31, the
				geometric mean number of E-coli may not exceed 630 colony forming units per 100
				milliliters and 10% of the samples may not exceed 1,260 colony forming units
				per 100 milliliters during any 30-day period.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.625 - B-3 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified B-3 are to be maintained suitable for drinking, culinary, and food
				processing purposes, after conventional treatment; bathing, swimming, and
				recreation; growth and propagation of non-salmonid fishes and associated
				aquatic life, waterfowl and furbearers; and agricultural and industrial water
				supply.
(2) No person may violate
				the following specific water quality standards for waters classified B-3:
(a) Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b). The water quality
				standard for Escherichia coli bacteria (E-coli) varies according to season, as
				follows:
(i) from April 1 through October 31,
				the geometric mean number of E-coli may not exceed 126 colony forming units per
				100 milliliters and 10% of the total samples may not exceed 252 colony forming
				units per 100 milliliters during any 30-day period; and
(ii) from November 1 through March 31, the
				geometric mean number of E-coli may not exceed 630 colony forming units per 100
				milliliters and 10% of the samples may not exceed 1,260 colony forming units
				per 100 milliliters during any 30-day period.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.626 - C-1 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified C-1 are to be maintained suitable for bathing, swimming, and
				recreation; growth and propagation of salmonid fishes and associated aquatic
				life, waterfowl and furbearers; and agricultural and industrial water supply.
(2) No person may violate the
				following specific water quality standards for waters classified C-1:
(a) Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b). The water quality
				standard for Escherichia coli bacteria (E-coli) varies according to season, as
				follows:
(i) from April 1 through October 31,
				the geometric mean number of E-coli may not exceed 126 colony forming units per
				100 milliliters and 10% of the total samples may not exceed 252 colony forming
				units per 100 milliliters during any 30-day period; and
(ii) from November 1 through March 31, the
				geometric mean number of E-coli may not exceed 630 colony forming units per 100
				milliliters and 10% of the samples may not exceed 1,260 colony forming units
				per 100 milliliters during any 30-day period.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.627 - C-2 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified C-2 are to be maintained suitable for bathing, swimming, and
				recreation; growth and marginal propagation of salmonid fishes and associated
				aquatic life, waterfowl and furbearers; and agricultural and industrial water
				supply.
(2) No person may violate
				the following specific water quality standards for waters classified C-2:
(a) Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b). The water quality
				standard for Escherichia coli bacteria (E-coli) varies according to season, as
				follows:
(i) from April 1 through October 31,
				the geometric mean number of E-coli may not exceed 126 colony forming units per
				100 milliliters and 10% of the total samples may not exceed 252 colony forming
				units per 100 milliliters during any 30-day period; and
(ii) from November 1 through March 31, the
				geometric mean number of E-coli may not exceed 630 colony forming units per 100
				milliliters and 10% of the samples may not exceed 1,260 colony forming units
				per 100 milliliters during any 30-day period.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.628 - I CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The goal of the
				state of Montana is to have these waters fully support the following uses:
				drinking, culinary, and food processing purposes after conventional treatment;
				bathing, swimming, and recreation; growth and propagation of fishes and
				associated aquatic life, waterfowl, and furbearers; and agricultural and
				industrial water supply. An analysis will be performed for each of these waters
				during each triennial standards review period to determine the factors
				preventing or limiting attainment of the designated uses listed herein. Based
				on these analyses, the specific standards listed below will be adjusted to
				reflect any improvements which have occurred in water quality as a result of
				water quality control of nonpoint-source pollution.
(2) No person may violate the following
				specific water quality standards for waters classified I:
(a) Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b). The water quality
				standard for Escherichia coli bacteria (E-coli) varies according to seasons as
				follows:
(i) from April 1 through October 31,
				the geometric mean number of E-coli may not exceed 126 colony forming units per
				100 milliliters and 10% of the total samples may not exceed 252 colony forming
				units per 100 milliliters during any 30-day period; and
(ii) from November 1 through March 31, the
				geometric mean number of E-coli may not exceed 630 colony forming units per 100
				milliliters and 10% of the samples may not exceed 1,260 colony forming units
				per 100 milliliters during any 30-day period.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.629 - C-3 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified C-3 are to be maintained suitable for bathing, swimming, and
				recreation, and growth and propagation of non-salmonid fishes and associated
				aquatic life, waterfowl, and furbearers. The quality of these waters is
				naturally marginal for drinking, culinary, and food processing purposes,
				agriculture, and industrial water supply.
(2) No person may violate the following
				specific water quality standards for waters classified C-3:
(a) Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b). The water quality
				standard for Escherichia coli bacteria (E-coli) varies according to season, as
				follows:
(i) from April 1 through October 31,
				the geometric mean number of E-coli may not exceed 126 colony forming units per
				100 milliliters and 10% of the total samples may not exceed 252 colony forming
				units per 100 milliliters during any 30-day period; and
(ii) from November 1 through March 31, the
				geometric mean number of E-coli may not exceed 630 colony forming units per 100
				milliliters and 10% of the samples may not exceed 1,260 colony forming units
				per 100 milliliters during any 30-day period.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.631 - NUMERIC ALGAL BIOMASS AND NUTRIENT STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) No person may violate the numeric water
				quality standards identified below.
(2) The numeric nutrient and standing crop of
				benthic algae water quality standards for the mainstem Clark Fork River from
				below the Warm Springs Creek confluence (N46°11'17", W112°46'03") to
				the confluence with the Flathead River (N47°21'45", W114°46'43") are as
				follows:
(a) In the mainstem Clark Fork River
				from below the Warm Springs Creek confluence (N46°11'17", W112°46'03")
				to the confluence with the Blackfoot River (N46°52'19", W113°53'35")
				the numeric water quality standards for Total Nitrogen, Total Phosphorus, and
				benthic algal chlorophyll a, applicable from June 21 to September 21, are as
				follows:
(i)
Parameter
Concentration
Total Phosphorus as P
20 µg/L
Total Nitrogen as N
300 µg/L
(ii)
Parameter
Density
(Summer mean) - Benthic algal chlorophyll a
100 mg/square meter
(Maximum) - Benthic algal chlorophyll a
150 mg/square meter
(b)
				In the Clark Fork River from the confluence with the Blackfoot River
				(N46°52'19", W113°53'35") to the confluence with the Flathead River
				(N47°21'45", W114°46'43") the numeric water quality standards for Total
				Nitrogen, Total Phosphorus, and benthic algal chlorophyll a, applicable from
				June 21 to September 21, are as follows:
(i)
Parameter
Concentration
Total Phosphorus as P
39 µg/L
Total Nitrogen as N
300 µg/L
(ii)
Parameter
Density
(Summer mean) - Benthic algal chlorophyll a
100 mg/square meter
(Maximum) - Benthic algal chlorophyll a
150 mg/square meter
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.635 - GENERAL TREATMENT STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The
				degree of waste treatment required to restore and maintain the quality of
				surface waters shall be based on the surface water quality standards and the
				following:
(a) the state's policy of
				nondegradation of existing high water quality as described in
				75-5-303, MCA;
(b) present and anticipated beneficial uses
				of the receiving water;
(c) the
				quality and nature of the flow of the receiving water;
(d) the quantity and quality of the sewage,
				industrial waste or other waste to be treated; and
(e) the presence or absence of other sources
				of pollution on the same watershed.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.636 - GENERAL OPERATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Owners
				and operators of water impoundments that cause conditions harmful to prescribed
				beneficial uses of state water shall demonstrate to the satisfaction of the
				department that continued operations will be done in the best practicable
				manner to minimize harmful effects. New water impoundments must be designed to
				provide temperature variations in discharging water that maintain or enhance
				the existing propagating fishery and associated aquatic life. As a guide, the
				following temperature variations are recommended: continuously less than
				40°F during the months of January and February, and continuously greater
				than 44°F during the months of June through September.
75-5-201,
					 75-5-301, MCA; IMP,
					 75-5-301,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.637 - GENERAL PROHIBITIONS

Current through Register Vol. 13, July 5, 2024
(1) State surface
				waters must be free from substances attributable to municipal, industrial,
				agricultural practices or other discharges that will:
(a) settle to form objectionable sludge
				deposits or emulsions beneath the surface of the water or upon adjoining
				shorelines;
(b) create floating
				debris, scum, a visible oil film (or be present in concentrations at or in
				excess of 10 milligrams per liter), or globules of grease or other floating
				materials;
(c) produce odors,
				colors, or other conditions as to which create a nuisance or render undesirable
				tastes to fish flesh or make fish inedible;
(d) create concentrations or combinations of
				materials which are toxic or harmful to human, animal, plant, or aquatic life;
				and
(e) create conditions which
				produce undesirable aquatic life.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.638 - OUTSTANDING RESOURCE WATERS - PROHIBITIONS

Current through Register Vol. 13, July 5, 2024
(1) Any new or increased point source
				discharge that would result in a permanent change in water quality is
				prohibited.
75-5-301,
					 75-5-316, MCA; IMP,
					 75-5-316,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.640 - MIXING ZONE (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-5-201,
					 75-5-301, MCA; IMP,
					 75-5-301,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.641 - SAMPLING METHODS

Current through Register Vol. 13, July 5, 2024
(1) Water quality
				monitoring, including methods of sample collection, preservation, and analysis
				used to determine compliance with the standards must be in accordance with 40
				CFR Part 136 (July 1, 2015) or other method allowed by the
				department.
AUTH:
					 75-5-201,
					 75-5-301, MCA; IMP:
					 75-5-301,
					 MCAA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.645

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201,
					 75-5-301, MCA; IMP:
					 75-5-301,
					 MCA)
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.646 - BIOASSAYS

Current through Register Vol. 13, July 5, 2024
(1) Bioassay
				tolerance concentrations must be determined using the latest available research
				results for the materials, by bioassay tests procedures for simulating actual
				stream conditions as set forth in 40 CFR Part 136 (July 1, 2007 2015). Any
				bioassay studies made must be made using a representative sensitive local
				species and life stages of economic or ecological importance, except that other
				species whose relative sensitivity is known may be used when there is
				difficulty in providing the more sensitive species in sufficient numbers or
				when such species are unsatisfactory for routine confined bioassays. All
				bioassay methods and species selections must be approved by the
				department.
AUTH:
					 75-5-201,
					 75-5-301, MCA IMP:
					 75-5-301,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.650 - D-1 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified D-1 are to be maintained suitable for agricultural purposes and
				secondary contact recreation
(2) No
				person may violate the following specific water quality standards for waters
				classified D-1:
(a) the designated uses of a
				receiving water body under a different classification must be fully
				maintained;
(b) the geometric mean
				number of Escherichia coli bacteria may not exceed 630 colony forming units per
				100 milliliters and 10 percent of the samples may not exceed 1,260 colony
				forming units per 100 milliliters during any 30-day period. Water quality
				criteria for Escherichia coli are expressed in colony forming units per 100
				milliliters of water or as most probable number, which is a statistical
				representation of the number of organisms in a sample, as incorporated by
				reference in 40 CFR
				136.3(b).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.651 - D-2 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified D-2 are to be maintained suitable for agricultural purposes and
				secondary contact recreation. Because of conditions resulting from flow
				regulation, maintenance of the ditch or geomorphological and riparian habitat
				conditions, the quality of these waters is marginally suitable for aquatic
				life.
(2) No person may violate the
				following specific water quality standards for waters classified D-2:
(a) the aquatic life standards for priority
				pollutants listed in DEQ-7;
(b)
				the aquatic life standards for ammonia and other non-priority pollutants listed
				in DEQ-7, unless those standards are modified or removed based upon a use
				attainability analysis developed for a specific water body;
(c) the designated uses of a receiving water
				body under a different classification must be fully maintained;
(d) the geometric mean number of Escherichia
				coli bacteria may not exceed 630 colony forming units per 100 milliliters and
				10 percent of the samples may not exceed 1,260 colony forming units per 100
				milliliters during any 30-day period. Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.652 - E-1 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified E-1 are to be maintained suitable for agricultural purposes,
				secondary contact recreation and wildlife.
(2) No person may violate the following
				specific water quality standards for waters classified E-1:
(a) the designated uses of a receiving water
				body under a different classification must be fully maintained;
(b) the geometric mean number of Escherichia
				coli bacteria may not exceed 630 colony forming units per 100 milliliters and
				10 percent of the samples may not exceed 1,260 colony forming units per 100
				milliliters during any 30-day period. Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.653 - E-2 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified E-2 are to be maintained suitable for agricultural purposes,
				secondary contact recreation, and wildlife. Because of habitat, low flow,
				hydro-geomorphic and other physical conditions these waters are marginally
				suitable for aquatic life.
(2) No
				person may violate the following specific water quality standards for waters
				classified E-2:
(a) the aquatic life
				standards for priority pollutants listed in DEQ-7;
(b) the aquatic life standards for ammonia
				and other non-priority pollutants listed in DEQ-7, unless those standards are
				modified or removed based upon a use attainability analysis developed for a
				specific water body;
(c) the
				designated uses of a receiving water body under a different classification must
				be fully maintained;
(d) the
				geometric mean number of Escherichia coli bacteria may not exceed 630 colony
				forming units per 100 milliliters and 10 percent of the samples may not exceed
				1,260 colony forming units per 100 milliliters during any 30-day period. Water
				quality criteria for Escherichia coli are expressed in colony forming units per
				100 milliliters of water or as most probable number, which is a statistical
				representation of the number of organisms in a sample, as incorporated by
				reference in 40 CFR
				136.3(b).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.654 - E-3 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified E-3 are to be maintained suitable for agricultural purposes,
				secondary contact recreation, and wildlife..
(2) No person may violate the following
				specific water quality standards for waters classified E-3:
(a) the geometric mean number of Escherichia
				coli bacteria may not exceed 630 colony forming units per 100 milliliters and
				10 percent of the samples may not exceed 1,260 colony forming units per 100
				milliliters during any 30-day period. Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b); and
(b) the designated uses of a receiving water
				body under a different classification must be fully maintained.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.655 - E-4 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified E-4 are to be maintained suitable for aquatic life, agricultural
				purposes, secondary contact recreation, and wildlife.
(2) No person may violate the following
				specific water quality standards for waters classified E-4:
(a) the acute and chronic aquatic life
				standards in DEQ-7 apply;
(b) the
				designated uses of a receiving water body under a different classification must
				be fully maintained;
(c) the
				geometric mean number of Escherichia coli bacteria may not exceed 630 colony
				forming units per 100 milliliters and 10 percent of the samples may not exceed
				1,260 colony forming units per 100 milliliters during any 30-day period. Water
				quality criteria for Escherichia coli are expressed in colony forming units per
				100 milliliters of water or as most probable number, which is a statistical
				representation of the number of organisms in a sample, as incorporated by
				reference in 40 CFR
				136.3(b).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.656 - E-5 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified E-5 are to be maintained suitable for agricultural purposes,
				secondary contact recreation, saline tolerant aquatic life, and
				wildlife.
(2) No person may violate
				the following specific water quality standards for waters classified E-5:
(a) the designated uses of a receiving water
				body under a different classification must be fully maintained;
(b) the geometric mean number of Escherichia
				coli bacteria may not exceed 630 colony forming units per 100 milliliters and
				10 percent of the samples may not exceed 1,260 colony forming units per 100
				milliliters during any 30-day period. Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.657 - F-1 CLASSIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Waters
				classified F-1 are to be maintained suitable for secondary contact recreation,
				wildlife and aquatic life not including fish.
(2) No person may violate the following
				specific water quality standards for waters classified F-1:
(a) the aquatic life standards for priority
				pollutants listed in DEQ-7;
(b)
				the aquatic life standards for ammonia and other non-priority pollutants listed
				in DEQ-7, unless those standards are modified or removed based upon a use
				attainability analysis developed for a specific water body;
(c) the designated uses of a receiving water
				body under a different classification must be fully maintained;
(d) the geometric mean number of Escherichia
				coli bacteria may not exceed 630 colony forming units per 100 milliliters and
				10 percent of the samples may not exceed 1,260 colony forming units per 100
				milliliters during any 30-day period. Water quality criteria for Escherichia
				coli are expressed in colony forming units per 100 milliliters of water or as
				most probable number, which is a statistical representation of the number of
				organisms in a sample, as incorporated by reference in
				40 CFR
				136.3(b).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.658 - G-1 CLASSIFICATION STANDARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-5-301, MCA; IMP,
					 75-5-301,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.661 - VARIANCE FROM STANDARD FOR WATER BODY CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) The department may grant to a permittee a
				variance from a water quality standard if the department determines in writing
				that the following conditions are met:
(a)
				the standard is more stringent than the quality of the receiving
				water;
(b) the condition in (a)
				exists because of anthropogenic contributions of the pollutant to the water
				body;
(c) the condition in (a)
				cannot reasonably be expected to be remediated during the permit term for which
				the variance is sought;
(d) the
				discharge to which the variance would apply would not materially contribute to
				the condition in (a); and
(e) one
				of the demonstrations provided at
				40 CFR
				131.14(b)(2)(i)(A)(1), which
				is by this reference adopted and incorporated into this rule,
				applies.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.662 - TEMPORARY WATER QUALITY STANDARDS VARIANCES

Current through Register Vol. 13, July 5, 2024
(1)
				The department may issue a temporary variance from a water quality standard in
				compliance with this rule and
				40 CFR
				131.14.
(2) To obtain a temporary variance, a
				permittee shall submit to the department an application that:
(a) identifies the pollutant(s) for which the
				variance is sought;
(b) identifies
				the applicable variance factor(s) under
				40 CFR
				131.14(b)(2)(i)(A)(1);
(c) identifies the permittee by name,
				address, and telephone number;
(d)
				identifies the permitted activity;
(e) identifies the receiving water
				body;
(f) demonstrates to the
				department's satisfaction that the requirements of (1) are met;
(g) demonstrates that the variance will not
				result in a lowering of currently attained, ambient water quality;
(h) demonstrates that the permittee cannot
				reasonably expect to meet a water quality standard during the permit term for
				which the variance is requested;
(i) demonstrates that a permit compliance
				schedule is not feasible to preclude the need for a variance during the permit
				term for which the variance is requested;
(j) includes an optimization study evaluating
				facility operations and infrastructure that maximize pollutant reduction;
				and
(k) proposes, with supporting
				documentation, the term of the variance and a variance level that is:
(i) the highest attainable interim standard
				in the receiving water body;
(ii)
				the interim effluent condition that reflects the greatest pollutant reduction
				achievable; or
(iii) if no
				additional feasible pollutant control technology can be identified, the interim
				standard or effluent condition that reflects the greatest pollutant reduction
				achievable with the pollutant control technologies installed at the time the
				variance is submitted. For a variance under this subsection, the permittee
				shall prepare and implement a pollutant minimization plan that contains a
				structured set of activities to improve processes and pollutant controls that
				will prevent and reduce pollutant loading.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.670 - NUMERIC STANDARDS FOR ELECTRICAL CONDUCTIVITY (EC) AND SODIUM ADSORPTION RATIO (SAR)

Current through Register Vol. 13, July 5, 2024
(1) No person may
				violate the numeric water quality standards or the criteria for determining
				nonsignificant changes in water quality identified in (2) through
				(6).
(2) The numeric standards for
				electrical conductivity (EC) and sodium adsorption ratio (SAR) for the
				mainstems of Rosebud Creek, the Tongue, Powder, and Little Powder rivers from
				November 1 through March 1 are as follows:
(a) for Rosebud Creek and the Tongue River,
				the monthly average numeric water quality standard for EC is 1500 µS/cm
				and no sample may exceed an EC value of 2500 µS/cm. The monthly average
				numeric water quality standard for SAR is 5.0 and no sample may exceed an SAR
				value of 7.5; and
(b) for the
				Powder River and the Little Powder River, the monthly average numeric water
				quality standard for EC is 2500 µS/cm and no sample may exceed an EC
				value of 2500 µS/cm. The monthly average numeric water quality standard
				for SAR is 6.5 and no sample may exceed an SAR value of 9.75.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.7 - Nondegradation of Water Quality › Rule 17.30.701 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				prohibit degradation of high quality state waters, except in certain limited
				circumstances, by implementing the nondegradation policy set forth in
				75-5-303, MCA, and providing
				criteria and procedures for:
(a) determining
				which activities will degrade high quality waters;
(b) department review and decision
				making;
(c) determining the
				required water quality protection practices if degradation is authorized;
				and
(d) public review and appeal of
				department decisions.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.7 - Nondegradation of Water Quality › Rule 17.30.702 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions, in addition to those in  75-5-103,
				  MCA, apply throughout this subchapter (Note:  75-5-103, MCA, includes
				  definitions for "base numeric nutrient standards," "degradation," "existing
				  uses," "high quality waters," "mixing zone," and "parameter"):
(1) "Bioconcentrating parameters" means the
				parameters listed in department Circular DEQ-7 which have a bioconcentration
				factor greater than 300.
(2)
				"Carcinogenic parameters" means the parameters listed as carcinogens in
				department Circular DEQ-7.
(3)
				"Degradation" is defined in  75-5-103, MCA, and also means any increase of a
				discharge that exceeds the limits established under or determined from a permit
				or approval issued by the department prior to April 29, 1993.
(4) "Existing water quality" means the
				quality of the receiving water, including chemical, physical, and biological
				conditions immediately prior to commencement of the proposed activity or that
				which can be adequately documented to have existed on or after July 1, 1971,
				whichever is the highest quality.
(5) "Ground water" means water occupying the
				voids within a geologic stratum and within the zone of saturation.
(6) "Harmful parameters" means the parameters
				listed as harmful in department Circular DEQ-7.
(7) "Highest statutory and regulatory
				requirements" means all applicable effluent limitations, water quality
				standards, permit conditions, water quality protection practices, or reasonable
				land, soil, and water conservation practices. It also means compliance
				schedules or corrective action plans for the protection of water issued under
				order of a court, department, or board of competent jurisdiction.
(8) "High quality waters" is defined in
				 75-5-103(13), MCA, and does not include Class I surface waters (ARM 17.30.628)
				or Class III or Class IV ground waters (ARM 17.30.1006(3) through
				(4)).
(9) "Level 1a treatment" means
				a wastewater treatment system that:
(a)
				removes at least 50 percent, but less than 60 percent, of total nitrogen as
				measured from the raw sewage load to the system; or
(b) discharges a total nitrogen effluent
				concentration of greater than 24 mg/L, but not greater than 30 mg/L. The term
				does not include treatment systems for industrial waste. A level 1a designation
				allows the use of 30 mg/L nitrate (as N) as the nitrate effluent concentration
				for mixing zone calculations.