MontanaHB 4869th Legislature, Regular Session (2025)HouseWALLET

Exempt wastewater ponds from dam safety act

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Sewage ponds and some Superfund dams exempt

The law changes dam safety rules for two cases. State rule 85-15-305 does not apply to dams or reservoirs at federal Superfund (CERCLA National Priority List) sites. Dams used for a public sewage system or disposal system, and regulated by DEQ under Title 75, chapter 6, part 1, and Title 76, chapter 4, part 1, are exempt from sections 85-15-108 through 85-15-110, 85-15-209 through 85-15-216, 85-15-401, 85-15-502, and 85-15-503. Oversight shifts to DEQ or federal cleanup programs, reducing overlapping state dam rules.

Some dams now exempt from state rules

The law exempts some dams from Montana Dam Safety Act sections 85-15-108 through 85-15-110, 85-15-209 through 85-15-216, 85-15-305, 85-15-401, 85-15-502, and 85-15-503. The exemption applies while a dam has a permit under 82-4-335, is a federal dam or reservoir, is licensed and inspected by FERC, or is covered by a certificate under 75-20-201. It also applies to nonfederal dams on federal land that get a federal agency safety review. During those times, operators follow the federal or other permitting rules instead of the listed state rules. This reduces overlapping state oversight but keeps regulation under the other program.

Sponsors & Cosponsors

Sponsor

Ken Walsh
Republican • House

Cosponsors

Bruce "Butch" Gillespie
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 289 • No: 8

House vote • 3/27/2025

Do Concur

Yes: 45 • No: 5

House vote • 3/26/2025

Do Concur

Yes: 47 • No: 3

House vote • 1/21/2025

Do Pass

Yes: 99 • No: 0

House vote • 1/20/2025