reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1810 - CONTENTS OF APPLICATION: MINE SITE LOCATION INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The preparatory work site and proposed
				facilities shall be described in narrative form and located on the mine site
				permit map. The narrative shall categorize each disturbance as to specific
				purpose, disturbance method, acreage, and depths and volumes of cuts or fills.
				The operator shall be obligated to conduct the method of construction and
				reclamation in accordance with the provisions of the plans unless proposed
				changes requested by the company are authorized in writing by the department.
				The department may make changes in the construction and reclamation plans when
				problem situations are revealed by field inspection or as other relevant
				information is obtained. Upon request, all parties shall have an opportunity
				for a hearing, in accord with
				82-4-130, MCA, prior to any
				modification of a permit or reclamation plan. As additional information and/or
				maps are obtained by the company for the intended area of operations such
				information shall be promptly submitted to the department. This rule does not
				repeal or otherwise modify the duty of an operator to annually apply for a new
				permit and/or the renewal of an existing permit.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-122,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1816 - RECLAMATION PLAN: ADDITIONAL SPECIFIC REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
The applicant shall submit construction and reclamation plans
				  for all intended preparatory work. Such plans shall be capable of meeting all
				  applicable requirements which would be included in an application for permit
				  under Title 82, chapter 4, part 2, MCA. Such plans shall include:
(1) a map showing proposed locations of
				railroad loops, spurs or extensive waste and refuse areas, coal handling
				facilities, office and maintenance buildings, all roads, dragline erection
				sites and other related disturbances;
(2) the estimated depths of all cuts or
				excavations and fills needed for on-site construction;
(3) overall dimensions for coal handling
				facilities, office or maintenance buildings and railroad loops insofar as
				disturbance is concerned;
(4)
				photographic transects of the proposed mine facility area. Photographic points
				and direction shall be located on an accompanying map. Estimated depths of
				proposed cuts and fills shall be identified on each photograph containing areas
				where cuts and/or fills are anticipated;
(5) a detailed plan, including timetables,
				showing the method and manner of reclaiming all disturbances related to
				preparatory work. Such plans shall include a description of the method and
				manner of reclaiming land affected by construction of railroad loops, office
				and maintenance areas, coal handling facilities and other disturbances
				associated with such preparatory work;
(6) an estimate of water usage expected to
				result from preparatory work activities, as well as a detailed narrative of
				planned procurement for such water. This narrative shall document that the
				water rights of other landowners will not be adversely affected;
(7) further information as the department may
				require. The department will notify the applicant in writing as to what
				additional information is required.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-122,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1817 - WATER QUALITY: OTHER LAWS, NONDEGRADATION

Current through Register Vol. 13, July 5, 2024
(1)
				Waters within the public domain of the state that possess a quality higher than
				established standards shall be maintained at their present high quality
				consistent with the powers granted to the board.
(2) All operators shall comply with all
				applicable water quality standards established under Montana law and the rules
				adopted pursuant thereto.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-125,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1818 - WATER QUALITY: IMPOUNDMENT

Current through Register Vol. 13, July 5, 2024
(1) Treatment
				facilities in sufficient size and number consisting of but not limited to
				collection basins, water retarding structures and siltation dams shall be
				constructed with prior approval of the department. All such facilities shall be
				constructed at or above the points of discharge into receiving streams for the
				purpose of treating acid or toxic water and for the settling of sediment prior
				to discharge into the receiving stream. As part of an application for permit,
				an operator shall submit the design specifications, drawings, method of
				operation and control, and quality of discharge of the treatment facilities.
				The operator shall indicate on the maps submitted as part of an application for
				permit the proposed location of all treatment facilities. Proposed reclamation
				of treatment facilities shall be included in the reclamation plan. Additional
				treatment facilities may be required by the department after commencement of
				the operation if conditions so indicate a need.
(2) All approved and constructed treatment
				facilities shall be maintained in proper working order by the operator and
				operated so that they will perform as proposed in the application for permit.
				All treatment facilities constructed and approved pursuant to the provisions of
				this rule shall be monitored by the operator to assure continuous satisfactory
				performance until approved reclamation has been accomplished.
(3) Permanent water impoundments shall not be
				allowed unless approved by the department. If the department determines at any
				time that the proposed impoundment area will not fill to the expected levels,
				meet acceptable water quality standards or any other relevant criteria, the
				impoundment area shall be regraded and surface drainage facilitated.
(4) No water quality treatment of approved
				lakes or ponds shall be permitted without department approval.
(5) Monthly monitoring reports, where
				applicable, shall be submitted to the department including the number of
				operating days, the gallons of drainage treated, a log of the tests made in
				accordance with ARM
				17.24.1819, and a description of
				any operating problems and the corrective action taken.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-125,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1819 - WATER QUALITY: TREATMENT

Current through Register Vol. 13, July 5, 2024
(1) The operator
				shall by the treatment of all water leaving the mine site location prevent the
				drainage into the waters of the state drainage from any source, the pH of which
				is less than 6.0 or greater than 9.0, or which contains a concentration of iron
				in excess of 7 milligrams per liter (mg/l). The discharge must register
				positive net alkalinity (total alkalinity must exceed the total acidity) and
				the turbidity shall not exceed 100 Jackson candle units (JCU). The department
				may modify above requirements if special problems occur.
(2) The maximum total allowable increase to
				naturally occurring stream turbidity is 10 JCU except that 4 hours following a
				major precipitation event, the discharge shall not contain suspended sediments
				in excess of 500 JCU above normal and not over 100 JCU above normal 24 hours
				thereafter. All analyses are to be defined and performed according to the
				standard methods for the examination of water and wastewater, unless otherwise
				specified in writing by the department. If the above standards of this rule are
				in conflict with federal and/or other Montana state agencies the more stringent
				regulations will apply.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-125,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1820 - WATER QUALITY: DRAINAGE

Current through Register Vol. 13, July 5, 2024
(1) All surface
				water which might damage regraded slopes shall be intercepted on the uphill
				side of the slope or other mine site perimeters by diversion ditches and
				conveyed by stable channels or other means to natural or prepared watercourses
				outside the operation and it is determined by the department that such ditches
				and channels are unnecessary or would create a more serious pollution problem.
				Such conveyances shall be of sufficient size and grade to prevent overflow into
				the operations area. If the ditches are likely to carry surface water only
				intermittently, they shall be retopsoiled and revegetated with recommended
				grasses, forbs, and/or legumes. All constructed diversion ditches shall be
				included in the permit acreage and shown on the map.
(2) Water accumulating in the course of the
				operation shall meet the water quality specifications enumerated herein or
				shall be pumped or siphoned to a treatment or settling facility prior to
				discharge into a natural drainway. Under no circumstances shall water be
				discharged onto highly erodible soil banks.
(3) No surface drainage shall be discharged
				through or permitted to infiltrate into existing deep mine workings. Location
				of all known existing deep mines within the permit area and plans for remedial
				measures shall be included in the application for a permit.
(4) All drainage from the active construction
				area shall exit through impoundment or treatment facilities in accordance with
				(1) and (2) of this rule.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-125,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1824 - TOPSOILING

Current through Register Vol. 13, July 5, 2024
(1) All suitable topsoiling materials, as
				approved by the department, shall be removed from the mine site location area
				before significant disturbance occurs. Removal shall precede each step of the
				construction operation. The operator shall indicate in the reclamation plan the
				equipment and method used in salvage and redistribution.
(2) Stockpiles of salvaged topsoiling
				material shall be located in an area where they will not be disturbed by
				ongoing construction operations and will not be lost to wind erosion and
				surface runoff. All unnecessary compaction and contamination of the stockpiles
				shall be eliminated. Once stockpiled it should not be rehandled until replaced
				on regraded disturbances. The department may require immediate planting of an
				annual and/or perennial crop on stockpiles for the purposes of stabilization.
				Proposed stockpile locations shall be indicated on the map submitted as part of
				an application for a permit.
(3)
				Stockpiled topsoiling materials shall be replaced on all areas to be seeded
				within a 90 day period prior to revegetative seeding or planting. Extreme care
				shall be exercised to guard against erosion during application and thereafter.
				In the case of abandoned roads, the roadbeds shall be ripped, disced, or
				otherwise conditioned before topsoil is replaced. The department may prescribe
				additional alternate conditioning methods for the reclamation of abandoned
				roadbeds.
(4) If necessary,
				redistributed topsoiling materials shall be reconditioned by discing, ripping,
				or other appropriate methods. Gypsum, lime, fertilizer, or other amendments may
				be added in accordance with ARM
				17.24.701 through
				17.24.703, and/or as stated in the
				approved reclamation plan.
(5)
				Regraded surfaces shall be left roughened in final contour grading to eliminate
				slippage zones that may develop between deposited topsoiling materials and
				heavy textured surfaces. The operator shall take all measures necessary to
				assure the stability of topsoil on graded slopes.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-125,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1826 - FORMS

Current through Register Vol. 13, July 5, 2024
(1) Forms necessary for compliance with the
				Montana Strip Mine Siting Act will be available at the Department of
				Environmental Quality, PO Box 200901, Helena, MT 59601.
82-4-112, MCA; IMP,
					 82-4-125,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.1 - 401 Certification › Rule 17.30.101 - PURPOSE AND POLICY

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				this subchapter is to establish procedures and criteria concerning applications
				for state water quality certifications submitted to the department pursuant to
				section 401 of the federal Clean Water Act,
				33 USC section
				1341, as amended.
(2) It is the policy of the board that the
				department shall ensure that any activity that requires a federal license or
				permit and that may result in a discharge to state waters shall fulfill the
				requirements of ARM Title 17, chapter 30 and thereby also fulfill the
				requirements of 33 USC
				sections 1311 -
				1313,
				1316, and
				1317.
75-5-401, MCA; IMP,
					 75-5-402,
					 75-5-403,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.1 - 401 Certification › Rule 17.30.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter the following terms have the meanings
				  indicated below and are supplemental to the definitions in
				  75-5-103, MCA:
(1) "Applicant" means a person who applies
				for a license or permit issued by an agency of the federal government to
				conduct an activity that may result in discharge into state waters.
(2) "Licensing or permitting agency" means an
				agency of the federal government to which application is made for a license or
				permit to conduct an activity which may result in a discharge into state
				waters.
(3) "Regional
				administrator" means the administrator of Region VIII of the US environmental
				protection agency.
(4) "Discharge"
				means the injection, deposit, dumping, spilling, leaking, placing, or failure
				to remove, of any pollutant so that it or any constituent of the pollutant may
				enter into state waters.
75-5-401, MCA; IMP,
					 75-5-402,
					 75-5-403,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.1 - 401 Certification › Rule 17.30.103 - APPLICATION FOR CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A person
				may not conduct or commence construction for any activity requiring state water
				quality certification under
				33
				USC section 1341, as amended, unless the
				department has issued certification, issued with conditions, or waived
				certification under this subchapter.
(2) An application for state water quality
				certification under this subchapter is not deemed complete until the permit fee
				required under ARM
				17.30.201
				is remitted to the department.
(3)
				The applicant, the licensing or permitting agency, or the regional
				administrator (under
				40 CFR
				121.13 ) shall submit to the department a
				complete description of the activity for which certification is sought,
				including:
(a) the name and address of the
				applicant;
(b) a description of
				the facility or activity and of any discharge which may result from the
				facility or activity, including but not limited to:
(i) the volume of the discharge;
(ii) the biological, chemical, physical, and
				radiological characteristics of the discharge;
(iii) a description of the existing
				environment at the site of the discharge;
(iv) the size of the area affected;
(v) the location or locations at
				which the discharge may enter state waters; and
(vi) any environmental impact assessment,
				information, maps, and photographs which have been provided to the licensing or
				permitting agency;
(c)
				a description of the function and operation of equipment, facilities,
				activities, or practices to minimize or to treat wastes or other effluents
				which may be discharged, including the degree of treatment expected to be
				attained;
(d) the date or dates on
				which the activity is proposed to begin and end, if known, and the date or
				dates on which the discharge will take place; and
(e) a description of the methods being used
				or proposed to monitor the quality and characteristics of the discharge and the
				operation of equipment, facilities, or activities employed in the treatment or
				control of pollutants.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.1 - 401 Certification › Rule 17.30.105 - DEPARTMENT CERTIFICATION OPTIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (2), the department shall take one of the following
				actions upon completing its review of an application for certification
				submitted under this subchapter:
(a) deny
				certification for any activity which the department finds will result in a
				discharge that will violate any effluent limitation or water quality standard
				stated in or developed pursuant to ARM Title 17, chapter 30;
(b) issue certification for any activity
				which the department finds will not result in a discharge that will violate any
				effluent limitation or water quality standard stated in or developed pursuant
				to ARM Title 17, chapter 30; or
(c)
				issue conditional certification for any activity that with the conditions
				imposed will not result in a discharge that will violate any effluent
				limitation or water quality standard stated in or developed pursuant to ARM
				Title 17, chapter 30.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.1 - 401 Certification › Rule 17.30.106 - TENTATIVE DETERMINATION BY THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) The department shall, within 30 days of
				receipt of a completed application, notify the applicant, the federal
				permitting or licensing agency, and the regional administrator of its tentative
				determination to either issue, issue with conditions, or deny
				certification.
(2) The department's
				tentative determination must be in writing and shall explain the reasons for
				denying, issuing, or conditionally issuing certification.
(3) Notification of the department's
				tentative determination must include:
(a) the
				name and address of the applicant; and
(b) a statement that the department has
				either:
(i) examined the complete
				application, specifically identifying the number or code affixed to the
				application, and based its determination upon an evaluation of the information
				contained in the application that is relevant to water quality; or
(ii) examined the application and other
				information furnished by the applicant sufficient to permit the department to
				reach its decision.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.1 - 401 Certification › Rule 17.30.108 - PUBLIC NOTICE AND FINAL DETERMINATION BY THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (6) of this rule,
				the department shall provide public notice of the department's tentative
				determination. The department shall mail the notice to:
(a) the applicant;
(b) federal, state, and local government
				agencies with jurisdiction over the location of the proposed
				discharge;
(c) affected states;
				and
(d) any person on
				request.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.1 - 401 Certification › Rule 17.30.109 - APPEAL TO THE BOARD

Current through Register Vol. 13, July 5, 2024
(1) Within 30 days
				after the date of final action by the department under ARM
				17.30.108,
				the applicant or any person or entity whose substantial interests are adversely
				affected by the action may appeal the department's action to the board. The
				appeal must be in writing and set forth the positions of the appealing party,
				the basis for the appeal, and the alleged errors of fact or law that were made
				by the department.
(a) Upon filing of an
				appeal under this section, the board shall appoint a hearing examiner.
(b) A hearing conducted under this
				section must be conducted pursuant to the contested case provisions of the
				Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.2 - Water Quality Permit and Authorization Fees › Rule 17.30.201 - PERMIT APPLICATION, DEGRADATION AUTHORIZATION, AND ANNUAL PERMIT FEES

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this rule is to provide
				fee schedules for use in determining fees to be paid to the department under
				75-5-516, MCA. The types of fees
				provided under this rule are:
(a) application
				fees for individual permits (Schedule I.A);
(b) application fees for non-storm water
				general permits (Schedule 1.B);
(c)
				application fees for storm water general permits (Schedule 1.C);
(d) application fees for other activities
				(Schedule 1.D);
(e) degradation
				authorization fees (Schedule II);
(f) annual fees for individual permits
				(Schedule III.A);
(g) annual fees
				for non-storm water permits (Schedule III.B); and
(h) annual fees for storm water general
				permits (Schedule III.C).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.3 - Prohibited Compounds (Phosphorus) › Rule 17.30.301 - POLICY

Current through Register Vol. 13, July 5, 2024
(1) The provisions of this subchapter are
				adopted as a model rule which the department is required to adopt by
				75-7-401, MCA. The model rule is
				designed to enable counties to protect water quality and aquatic ecosystems by
				reducing the amount of phosphorus entering natural lakes.
75-7-401, MCA; IMP,
					 75-7-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.3 - Prohibited Compounds (Phosphorus) › Rule 17.30.302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter the following terms have the meanings
				  indicated below:
(1) "Chemical water
				conditioner" means a water softening chemical or other substance containing
				phosphorus which is intended to treat water for use in machines for washing
				laundry.
(2) "Commercial
				establishment" means any premises used for the purpose of carrying on or
				exercising any trade, business, profession, vocation, or commercial or
				charitable activity, including but not limited to laundries, hospitals, hotels,
				motels, and food or restaurant establishments.
(3) "Household cleaning product" means any
				product including but not limited to soaps and detergents, used for domestic or
				commercial cleaning purposes, including but not limited to the cleaning of
				fabrics, dishes, food utensils, and household and commercial premises.
				Household cleaning product does not mean foods, drugs, cosmetics, or personal
				care items such as toothpaste, shampoo, or hand soap.
(4) "Person" means any individual, proprietor
				of a commercial establishment, corporation, municipality, the state or any
				department, agency, or subdivision of the state, and any partnership,
				unincorporated association, or other legal entity.
(5) "Phosphorus" means elemental
				phosphorus.
(6) "Trace quantity"
				means an incidental amount of phosphorus which is not part of the household
				cleaning product formulation, and is present only as a consequence of
				manufacturing, and does not exceed 0.5% of the content of the product by weight
				expressed as elemental phosphorus.
75-7-401, MCA; IMP,
					 75-7-401,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.3 - Prohibited Compounds (Phosphorus) › Rule 17.30.303 - PROHIBITIONS AND EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) No
				household cleaning product may be distributed, sold, offered, or exposed for
				sale if it contains phosphorus in concentrations in excess of a trace quantity,
				except that no dishwashing detergent may be distributed, sold, offered, or
				exposed for sale if it contains phosphorus in excess of 8.7% by weight
				expressed as elemental phosphorus.
(2) No chemical water conditioner which
				contains more than 20% phosphorus by weight may be distributed, sold, offered,
				or exposed for sale.
(3) The
				following cleaning agents and other products containing phosphorus are exempt
				from the provisions of this rule:
(a) those
				used in food or beverage processing, or used by health care services and
				facilities;
(b) those used by
				commercial establishments, and those used for industrial processes or for
				cleaning food and beverage processing equipment, medical or surgical equipment,
				or dairy equipment; and
(c) those
				used for agricultural operations.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.5 - Mixing Zones in Surface and Ground Water › Rule 17.30.501 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				implement 75-5-301(4), MCA,
				which requires the department to adopt rules governing the granting of mixing
				zones consistent with the provisions of
				75-5-302 through
				75-5-307 and
				80-15-201, MCA.
AUTH:
					 75-5-301, MCA; IMP:
					 75-5-301,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.5 - Mixing Zones in Surface and Ground Water › Rule 17.30.505 - GENERAL CONSIDERATIONS FOR MIXING ZONE DESIGNATIONS

Current through Register Vol. 13, July 5, 2024
(1) After an assessment of information
				received from the applicant concerning the biological, chemical, and physical
				characteristics of the receiving water, as specified in ARM
				17.30.506 or as requested by the
				department, the department will determine the applicability of a mixing zone
				and, if applicable, its size, configuration, and location. In defining a mixing
				zone, the department will consider the following principles:
(a) Mixing zones may be granted for
				individual parameters present in a discharge.
(b) For new or increased sources, changes in
				water quality at the boundary of a mixing zone must be nonsignificant as
				defined by ARM Title 17, chapter 30, subchapter 7, unless the change in water
				quality is authorized by the department pursuant to
				75-5-303, MCA.
(c) For sources discharging under a permit
				issued by the department prior to April 29, 1993, any mixing zone allowed under
				the permit will remain in effect until renewal. Upon renewal, any previously
				allowed mixing zone will be designated in the renewed permit, unless there is
				evidence that the previously allowed mixing zone will impair existing or
				anticipated uses.
(d) In accordance
				with 75-5-306, MCA, it is not necessary
				that industrial wastes, sewage, or other wastes, as defined in
				75-5-103, MCA, be treated to a
				purer condition than the natural condition of the receiving water as long as
				the minimum treatment requirements are met and provided all reasonable land,
				soil, and water conservation practices have been applied.
(e) Estimated parameter levels in the mixing
				zone area will be calculated, unless the department determines that monitoring
				is necessary due to the potential harm to the impacted water and its beneficial
				uses.
(f) In granting a mixing
				zone, the department may impose conditions as necessary to comply with the
				requirements of this subchapter.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.5 - Mixing Zones in Surface and Ground Water › Rule 17.30.507 - SPECIFIC RESTRICTIONS FOR SURFACE WATER MIXING ZONES

Current through Register Vol. 13, July 5, 2024
(1) Mixing zones for surface waters are
				subject to the following water quality standards:
(a) narrative water quality standards,
				standards for harmful substances, numeric acute and chronic standards for
				aquatic life; standards in Department Circular DEQ-12A; and standards based on
				human health must not be exceeded beyond the boundaries of the surface water
				mixing zone;
(b) acute standards
				for aquatic life for any parameter may not be exceeded in any portion of a
				mixing zone, unless the department specifically finds that allowing minimal
				initial dilution will not threaten or impair existing beneficial
				uses.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.5 - Mixing Zones in Surface and Ground Water › Rule 17.30.508 - SPECIFIC RESTRICTIONS FOR GROUND WATER MIXING ZONES

Current through Register Vol. 13, July 5, 2024
(1)
				Mixing zones for ground water are to be limited and comply with the following
				water quality standards:
(a) Human health
				based ground water standards must not be exceeded beyond the boundaries of the
				mixing zone.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.5 - Mixing Zones in Surface and Ground Water › Rule 17.30.515 - DEPARTMENT PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The department
				will determine whether a mixing zone is appropriate for a particular discharge
				during the department's permit, permit renewal, approval, order, or
				authorization review process pursuant to the rules in this subchapter. The
				department may determine that:
(a) no mixing
				zone shall be granted;
(b) the
				standard mixing zone applied for is appropriate;
(c) the source specific mixing zone applied
				for is appropriate; or
(d) an
				alternative or modified mixing zone, as defined by the department, is
				appropriate.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.5 - Mixing Zones in Surface and Ground Water › Rule 17.30.516 - STANDARD MIXING ZONES FOR SURFACE WATER

Current through Register Vol. 13, July 5, 2024
(1) If a
				discharge to surface water is small in comparison to the volume of the
				receiving water or if the mixing is nearly instantaneous and the parameter(s)
				of concern will not threaten or impair existing uses as determined under ARM
				17.30.506, a standard mixing zone
				may be used.
(2) A standard surface
				water mixing zone will not be granted for a new or increased discharge to a
				lake or wetland.
(3) Facilities
				that meet the terms and conditions in (a) through (e) qualify for a standard
				mixing zone as follows:
(a) Facilities that
				discharge a mean annual flow of less than one million gallons per day (MGD) to
				a stream segment with a dilution ratio greater than or equal to 100:1. For
				purposes of this procedure, the stream dilution ratio is defined as the
				seven-day, ten-year (7Q10) low flow of the stream segment without the
				discharge, divided by the mean annual flow of the discharge. In this case
				discharge limitations will be based on dilution with the 7Q10.
(b) Facilities that discharge a mean annual
				flow less than one MGD to a stream segment with a dilution less than 100:1. In
				cases where dilution is less than 100:1, discharge limitations will be based on
				dilution with 25 percent of the 7Q10.
(c) Facilities that discharge to surface
				waters through the ground may qualify for a standard surface water mixing
				zone.
(d) Facilities whose
				discharge results in a nearly instantaneous mixing zone. Discharge limitations
				shall be based on dilution with the seven-day, ten-year low flow of the
				receiving water except as limited by consideration of the factors listed in ARM
				17.30.506. For surface waters, nearly instantaneous mixing will be assumed when
				there is an effluent diffuser which extends across the entire stream width (at
				low flow), or when the mean daily flow of the discharge exceeds the seven-day,
				ten-year low flow of the receiving water. A discharge may also be considered
				nearly instantaneous if the discharger so demonstrates in accordance with a
				study plan approved by the department. For the purposes of this demonstration
				nearly instantaneous mixing will be assumed when there will be not more than a
				ten percent difference in bank-to-bank concentrations at a downstream distance
				less than two stream/river widths.
(e) Facilities that discharge the parameters
				found in Department Circular DEQ-12A to surface water. Discharge limitations
				must be based on dilution with the entire seasonal 14-day, five-year (seasonal
				14Q5) low flow of the receiving water without the discharge.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.5 - Mixing Zones in Surface and Ground Water › Rule 17.30.518 - SOURCE SPECIFIC MIXING ZONES

Current through Register Vol. 13, July 5, 2024
(1) If adequate
				information regarding stream flow or ground water flow is not available or if a
				standard mixing zone is not applicable or desired by the applicant, an
				applicant may request a source specific mixing zone.
(2) A source specific surface or ground water
				mixing zone will only be granted after the applicant demonstrates to the
				department that the requested mixing zone will comply with the requirements of
				ARM 17.30.506 and
				17.30.507 and the provisions of
				75-5-303, MCA.
(3) For lakes, the area of a mixing zone must
				not exceed 5% of the area of the lake or extend more than a 200 foot radius
				from the discharge, whichever is more restrictive.
(4) For source specific mixing zones in other
				surface water, the applicant shall provide information adequate to demonstrate
				to the department that the requirements of
				75-5-301(4), MCA,
				are satisfied. In addition, the applicant shall present a discussion of the
				mixing zone in the context of the restrictions and general considerations
				specified in ARM 17.30.506, and information addressing the following items, as
				applicable:
(a) quantity, toxicity, and
				persistence of the pollutant;
(b)
				rate of flow;
(c) volume of
				flow;
(d) concentration of
				pollutants within the mixing zone;
(e) length of time pollutants will be
				present;
(f) proposed boundaries of
				the mixing zone;
(g) potential
				impacts to water uses;
(h)
				potential compliance monitoring;
(i) contingency plan if pollutants migrate
				beyond the mixing zone at concentrations greater than the allowed limits;
				and
(j) specific explanation as to
				why the proposed mixing zone is the smallest practicable size and why it will
				have a minimum practicable effect on water users.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.601 - POLICY

Current through Register Vol. 13, July 5, 2024
(1) The following standards are adopted to
				conserve water by protecting, maintaining, and improving the quality and
				potability of water for public water supplies, wildlife, fish and aquatic life,
				agriculture, industry, recreation, and other beneficial uses.
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 17.30.603 - APPLICATION AND COMPOSITION OF SURFACE WATER QUALITY STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The standards in this subchapter are
				adopted to establish maximum allowable changes in surface water quality and to
				establish a basis for limiting the discharge of pollutants which affect
				prescribed beneficial uses of surface waters.
(2) The surface water quality standards are
				composed of all rules of this subchapter.
(3) The provisions of ARM
				17.30.635 through
				17.30.637,
				17.30.640,
				17.30.641,
				17.30.645, and
				17.30.646 apply to all surface
				waters unless they conflict with ARM
				17.30.620 through
				17.30.629 in which case the
				requirements of ARM
				17.30.620 through
				17.30.629 prevail.
(4) The standards of this subchapter are
				applicable where these standards are or would be violated by discharges to
				ground water.
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 17.30.606 - STREAM CLASSIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Before
				streams are classified or standards established or modified, the department
				shall hold a public hearing.
(a) Notice of the
				hearing specifying the waters concerned and the classification, standards or
				modification of them shall be published at least once a week for three
				consecutive weeks in a daily newspaper of general circulation in the area
				affected.
(b) Notice shall also be
				mailed directly to persons the department believes may be affected by the
				proposed action.
(c) The water
				pollution control advisory council shall be given not less than 30 days prior
				to first publication to comment on the proposed action.
(d) The general rules of procedure found in
				ARM 17.4.101 relating to rulemaking
				will be followed.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.608 - WATER-USE CLASSIFICATIONS-FLATHEAD RIVER DRAINAGE

Current through Register Vol. 13, July 5, 2024
(1) The water-use
				classifications adopted for the Flathead River are as follows:
(a) Flathead River drainage above Flathead
				Lake except waters listed in (1) (a) (i) through (viii)
				..............................................................................................................................
				B-1
(i) Essex Creek drainage to the Essex
				water supply intake (approximately at latitude 48.2668, longitude -113.639)
				...................................................................................
				A-Closed
(ii) Stillwater River
				(mainstem) from Logan Creek to the Flathead River
				.......................................................................................................................
				B-2
(iii) Whitefish Lake and its
				tributaries ..................................................... A-1
(iv) Whitefish River (mainstem)
				from the outlet of Whitefish Lake to the Stillwater River
				..............................................................................................................................
				B-2
(v) Haskill Creek drainage to
				the Whitefish water supply intake (approximately at latitude 48.4584, longitude
				-114.3054)
				.................................................................................
				A-1
(vi) Ashley Creek (mainstem)
				from Smith Lake to bridge crossing on the airport road about one mile south of
				Kalispell
				...............................................................................
				B-2
(vii) Ashley Creek (mainstem)
				from bridge crossing on airport road to the Flathead River
				.............................................................................................................................
				C-2
(viii) The mainstems of the
				north and middle forks of the Flathead River above their junction
				..........................................................................................................................
				A-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 17.30.609 - WATER-USE CLASSIFICATIONS-KOOTENAI RIVER DRAINAGE

Current through Register Vol. 13, July 5, 2024
(1) The water-use
				classifications adopted for the Kootenai River are as follows:
(a) All waters except those listed in
				(1)(a)(i) through (iv)......................... B-1
(i) Deep Creek drainage (tributary to the
				Tobacco River) to the Fortine water supply intake (approximately at latitude
				48.7631, longitude -114.8980)............... A-1
(ii) Rainy Creek drainage to the W.R. Grace
				Company water supply intake (approximately at latitude 48.4485, longitude
				-115.4203).......................... A-1
(iii) Rainy Creek (mainstem) from the W.R.
				Grace Company water supply intake (approximately at latitude 48.4485, longitude
				-115.4203) to the Kootenai
				River.................................................................................................
				C-1
(iv) Flower Creek drainage to
				the Libby water supply intake (approximately at latitude 48.356, longitude
				-115.5676)
				.............................................................................................
				A-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 17.30.610 - WATER-USE CLASSIFICATIONS-MISSOURI RIVER DRAINAGE EXCEPT YELLOWSTONE, BELLE FOURCHE, AND LITTLE MISSOURI RIVER DRAINAGES

Current through Register Vol. 13, July 5, 2024
(1) The water-use
				classifications adopted for the Missouri River are as follows:
(a) Missouri River drainage to and including
				the Sun River drainage except tributaries listed in (1)(a)(i) through
				(xiii)............................................................ B-1
(i) East Gallatin River (mainstem) from
				Montana Highway No. 411 (Spring Hill Road, approximately at latitude 45.7256,
				longitude -111.0666) crossing to Dry Creek about five miles east of
				Manhattan..................................... B-2
(ii) Lyman Creek (approximately at latitude
				45.7305, longitude -110.9839) and Sourdough (Bozeman) Creek (approximately at
				latitude 45.5987, longitude -111.0266) drainages to the Bozeman water supply
				intakes..................................... A-Closed
(iii) Hyalite Creek drainage to the Bozeman
				water supply intake (approximately at latitude 45.5618, longitude
				-111.0709)..................................... A-1
(iv) Big Hole River drainage to Butte Water
				Company intake (approximately at latitude 45.7645, longitude -112.7872) above
				Divide..................................... A-1
(v) Rattlesnake Creek drainage to the Dillon
				water supply intake (approximately at latitude 45.2442, longitude
				-112.7953).................................... A-1
(vi) Indian Creek drainage to the Sheridan
				water supply intake (approximately at latitude 45.4787, longitude
				-112.1592).................................... A-1
(vii) Basin Creek drainage to the Basin water
				supply intake (approximately at latitude 46.2820, longitude
				-112.2730).................................... A-1
(viii) McClellan Creek drainage to the East
				Helena water supply intake (approximately at latitude 46.551, longitude
				-111.8964)........................................................... A-1
(ix) Prickly Pear Creek (mainstem)
				from the Montana Highway No. 433 crossing about one mile northwest of East
				Helena to Lake Helena.................................................. I
(x) Ten Mile Creek drainage to the
				Helena water supply intake (approximately at latitude 46.5731, longitude
				-112.2145).............................................. A-1
(xi) Willow Creek drainage to the White
				Sulphur Springs water supply intake (approximately at latitude 46.5191,
				longitude
				-110.8119)............................................................ A-Closed
(xii) Muddy Creek mainstem
				(tributary of Sun River)................................................. I
(xiii) Sun River (mainstem) from
				Muddy Creek to the Missouri River........................................ B-3
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.612 - WATER-USE CLASSIFICATIONS-LITTLE MISSOURI RIVER DRAINAGE-BELLE FOURCHE DRAINAGE

Current through Register Vol. 13, July 5, 2024
(1) The water-use
				classifications adopted for all waters in the Little Missouri and Belle Fourche
				drainages
				are...................................................................................................................................
				C-3
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 17.30.613 - WATER-USE CLASSIFICATIONS-HUDSON BAY DRAINAGE

Current through Register Vol. 13, July 5, 2024
The water-use classifications for the Hudson Bay drainage
				  are:
(1) All waters outside Glacier
				National Park.............................................................
				B-1
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 17.30.614 - WATER-USE CLASSIFICATIONS-NATIONAL PARK, WILDERNESS AND PRIMITIVE AREA WATERS

Current through Register Vol. 13, July 5, 2024
water-use classifications for all national park, wilderness
				  and primitive area waters are as follows:
(1) All waters even if classifications listed
				in ARM 17.30.607 through
				17.30.613 imply or state
				otherwise.............................................................................................................................................
				A-1
75-5-201,
					 75-5-301, MCA; IMP,
					 75-5-301,
					 MCA;