Montana Administrative Code

17.24.902 APPLICATION REQUIREMENTS FOR IN SITU COAL PROCESSING OPERATIONS (1) Except as provided in ARM 17.24.905, an application for a permit for in situ coal processing operations must be made according to all requirements of ARM 17.24.901. In addition, the mining and reclamati…

17.24.903 GENERAL PERFORMANCE STANDARDS (1) In addition to all appropriate requirements of subchapters 4 through 8, and 10 through 13, except ARM 17.24.519 and as provided in ARM 17.24.905, the following requirements apply to underground mining operations: (a) Each prospecting ho…

17.24.904 IN SITU COAL PROCESSING OPERATION PERFORMANCE STANDARDS (1) An operator who conducts in situ coal processing operations shall comply with ARM 17.24.903. (2) In situ coal processing operations must also be planned and conducted to minimize disturbance to the prevailing h…

17.24.905 RULES NOT APPLICABLE TO IN SITU COAL OPERATIONS (1) The following rules are not applicable to in situ coal gasification: (a) ARM 17.24.311 (Air Pollution Control Plan); (b) ARM 17.24.519 (Monitoring for Settlement); and (c) ARM 17.24.831 through 17.24.837 (auger mining …

17.24.907 IN SITU URANIUM PROCESSING OPERATION PERFORMANCE STANDARDS (1) With regard to the subsurface hydrologic effects of in situ uranium mining, the operator shall comply with all rules of the department, and the operator's bond shall ensure compliance with those rules. With …

17.24.911 SUBSIDENCE CONTROL (1) Underground mining operations must be planned and conducted to prevent or minimize subsidence and subsidence-related material damage to the surface to the extent technologically and economically feasible, to maintain the value and reasonably fores…

17.24.912 BUFFER ZONES (1) Underground mining operations must not be conducted beneath or adjacent to any perennial stream or impoundment having a storage volume of 20 acre-feet or more, unless the department, on the basis of detailed subsurface information, determines that subsi…

17.24.920 PLACEMENT AND DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: SPECIAL APPLICATION REQUIREMENTS (1) Each application must contain, where applicable, a narrative and appropriate maps and cross-sections prepared to meet the standards of ARM 17.24.305, describing the proposed di…

17.24.924 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: GENERAL REQUIREMENTS (1) To the extent that underground development waste is not proposed for backstowing, it must be demonstrated, to the satisfaction of the department, that valid physical, economic, safety, environmental or …

17.24.925 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: VALLEY FILL (1) Disposal of underground development waste in valley fills must meet all the requirements of ARM 17.24.924, and the following additional requirements of this rule. (2) The fill must be designed to attain a long-t…

17.24.926 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: HEAD-OF-HOLLOW FILL (1) Disposal of underground development waste in a head-of-hollow fill must meet all the requirements of ARM 17.24.924 and 17.24.925. (2) The drainage control system for the head-of-hollow fill must be capab…

17.24.927 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: DURABLE ROCK FILLS (1) The department may approve disposal of underground development waste in a durable rock fill on a site-specific basis, provided the method of construction is certified by a licensed professional engineer e…

17.24.930 PLACEMENT AND DISPOSAL OF COAL PROCESSING WASTE: SPECIAL APPLICATION REQUIREMENTS (1) Each application must contain, where applicable, a narrative explaining the construction, modification, use, maintenance, removal, and reclamation of coal processing waste removal, han…

17.24.932 DISPOSAL OF COAL PROCESSING WASTE (1) To the extent that coal processing waste is not proposed for backstowing, it must be demonstrated to the satisfaction of the department that valid physical, economic, safety, environmental or other reasons exist for not doing so. Co…

17.30.1001 DEFINITIONS For the purposes of this subchapter, unless the context clearly indicates otherwise, the following terms have the meanings indicated below and are supplemental to the definitions in 75-5-103, MCA: (1) "Beneficial use" means a use of ground water designated …

17.30.1002 CLASSIFICATION OF GROUND WATER (REPEALED) Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-301, MCA History: NEW, 1982 MAR p. 1937, Eff. 10/29/82; TRANS, from DHES, 1996 MAR p. 1499; REP, 1999 MAR p. 94, Eff. 1/15/99.

17.30.1003 GROUND WATER QUALITY STANDARDS (REPEALED) Authorizing statute(s): 75-5-301, MCA Implementing statute(s): 75-5-301, MCA History: NEW, 1982 MAR p. 1937, Eff. 10/29/82; AMD, 1994 MAR p. 2136, Eff. 8/12/94; AMD, 1995 MAR p. 1798, Eff. 9/15/95; AMD, 1996 MAR p. 555, Eff. 2/…

17.30.1005 APPLICABILITY OF GROUND WATER STANDARDS AND BASIS FOR CLASSIFICATIONS (1) The standards in ARM 17.30.1006 establish the maximum allowable changes in ground water quality and are the basis for limiting discharges to ground water. (2) The ground water standards may be ex…

17.30.1006 CLASSIFICATIONS, BENEFICIAL USES, AND SPECIFIC STANDARDS FOR GROUND WATERS (1) Class I ground waters are those ground waters with a natural specific conductance less than or equal to 1,000 microSiemens/cm at 25ºC. (a) The quality of Class I ground water must be maintai…

17.30.1007 SAMPLE COLLECTION, PRESERVATION, AND ANALYSIS METHODS (1) Methods of sample collection, preservation, and sample analysis used to determine compliance with the standards in this subchapter must be in accordance with 40 CFR Part 136 "Guidelines Establishing Test Procedu…

17.30.101 PURPOSE AND POLICY (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 amend…

17.30.1010 MIXING ZONE (1) Discharges of pollutants to ground waters may be granted a mixing zone by the department, provided the mixing zone is specifically identified and conforms with the requirements and procedures of ARM Title 17, chapter 30, subchapter 5. Authorizing statut…

17.30.1011 NONDEGRADATION (1) Any ground water whose existing quality is higher than the established groundwater quality standards for its classification must be maintained at that high quality in accordance with 75-5-303 , MCA, and ARM Title 17, chapter 30, subchapter 7. Authori…

17.30.102 DEFINITIONS 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 …

17.30.1022 EXCLUSIONS FROM PERMIT REQUIREMENTS (1) In addition to the permit exclusions identified in 75-5-401, MCA, the following activities or operations are not subject to the permit requirements of this subchapter: (a) motor vehicle wrecking facilities and county motor vehicl…

17.30.1023 PERMIT APPLICATIONS (1) The owner or operator of any existing source not excluded under ARM 17.30.1022 discharging pollutants into state ground waters shall file an MGWPCS permit application within one year of October 29, 1982. (2) The owner or operator of any source w…

17.30.1024 REVIEW PROCEDURES (1) No application will be processed by the department until all of the requested information is supplied and the application is complete. The department shall make a determination of the completeness of the information within 30 calendar days of rece…

17.30.103 APPLICATION FOR CERTIFICATION (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 cert…

17.30.1030 GENERAL PERMIT CONDITIONS All issued MGWPCS permits must contain general conditions including but not limited to, the following: (1) All discharges of pollutants into state ground waters authorized by an MGWPCS permit must be consistent with the conditions of the permi…

17.30.1031 SPECIAL PERMIT CONDITIONS All issued MGWPCS permits must contain special conditions which will assure compliance with the ground water quality standards, giving consideration to the economics of waste treatment and prevention. These conditions may include, but are not …

17.30.1032 DURATION OF PERMIT (1) Every permit issued under this subchapter must have a fixed term not to exceed ten years. Authorizing statute(s): 75-5-401, MCA Implementing statute(s): 75-5-401, MCA History: NEW, 1982 MAR p. 1937, Eff. 10/29/82; TRANS, from DHES, 1996 MAR p. 14…

17.30.1033 REISSUANCE OF PERMITS (1) Any permittee who wishes to continue to discharge after the expiration date of their MGWPCS permit must request reissuance of their permit at least 180 days prior to its date of expiration. (2) The request for reissuance of an MGWPCS permit mu…

17.30.1034 CONTINUATION OF EXPIRING PERMITS (1) The conditions of an expired permit continue in force until the effective date of a new permit if: (a) the permittee has submitted a timely and complete application under ARM 17.30.1033 for a reissued permit; and (b) the department,…

17.30.1035 OBLIGATION TO RAISE ISSUES AND PROVIDE INFORMATION (1) All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the department's tentative decision to prepare a draft permit is inappropriate, shall raise all reasonably asc…

17.30.1040 PUBLIC NOTICE (1) The department shall provide public notice of the department's tentative determination to issue a permit. The department shall mail the notice to: (a) the applicant; (b) any agency or entity identified in ARM 17.30.1041; and (c) any person on request.…

17.30.1041 DISTRIBUTION OF INFORMATION (1) The following governmental agencies must be included on a mailing list for public notice of tentative determinations to issue MGWPCS permits and are exempted from a copying fee where copies of a draft permit, fact sheet, or any related d…

17.30.1042 GENERAL PERMITS (1) The department may issue general MGWPCS permits pursuant to the provisions of ARM 17.30.1030. Authorizing statute(s): 75-5-201, 75-5-401, MCA Implementing statute(s): 75-5-401, MCA History: NEW, 1984 MAR p. 1804, Eff. 12/14/84; TRANS, from DHES, and…

17.30.1045 EMERGENCY POWERS OF THE DEPARTMENT (1) This rule is applicable to spills or unanticipated discharges of pesticides, herbicides, other toxic substances or any other materials that would lower the quality of any ground waters of the state below Montana ground water quali…

17.30.105 DEPARTMENT CERTIFICATION OPTIONS (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 depa…

17.30.106 TENTATIVE DETERMINATION BY THE DEPARTMENT (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, iss…

17.30.108 PUBLIC NOTICE AND FINAL DETERMINATION BY THE DEPARTMENT (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, an…

17.30.109 APPEAL TO THE BOARD (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 appea…

17.30.1101 PURPOSE AND SCOPE (1) This subchapter is intended to be applied together with ARM Title 17, chapter 30, subchapters 12 and 13 to establish a system for regulating discharges of potential pollutants from point source discharges of storm waters into surface waters. This …

17.30.1102 DEFINITIONS In this subchapter, the following terms have the meanings or interpretations indicated below and shall be used in conjunction with and are supplemental to those definitions contained in 75-5-103, MCA. If not defined in this rule, terms used in this subchapt…

17.30.1105 PERMIT REQUIREMENT (1) Any person who discharges or proposes to discharge storm water from a point source must obtain coverage under an MPDES general permit or another MPDES permit for discharges: (a) associated with construction activity; (b) associated with industria…

17.30.1106 EXCLUSIONS (1) In addition to the exclusions stated in ARM 17.30.1310, the following storm water discharges do not require MPDES permits: (a) point source discharges of storm water to ground water as provided in 75-5-401(5)(g), MCA; (b) existing or new discharges compo…

17.30.1107 DESIGNATION PROCEDURES: SMALL MS4S (1) For purposes of this rule, "designation" means a determination by the department that an MS4 is subject to the permit requirements of this subchapter. (2) The department shall designate an MS4 other than those identified in ARM 17…