Montana Administrative Code

17.24.927 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: DURABLE ROCK FILLS 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 exper…

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

17.24.932 DISPOSAL OF COAL PROCESSING WASTE 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. Coal p…

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 in75-5-103, MCA: "Beneficial use" means a use of ground water designated under…

17.30.1002 CLASSIFICATION OF GROUND WATER (REPEALED) Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-301, MCA History: NEW, 1982 MAR p. 1937, Eff. 10/29/82; TRANS, from DHES, 1996 MAR p.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17.30.1003 GROUND WATER QUALITY STANDARDS (REPEALED) Authorizing statute(s): 75-5-301, MCA Implementing statute(s): 75-5-301, MCA History: NEW, 1982 MAR p. 1937, Eff. 10/29/82; AMD, 1994 MAR p. 2136, Eff.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 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. The ground water standards may be exceeded w…

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

17.30.1007 SAMPLE COLLECTION, PRESERVATION, AND ANALYSIS METHODS 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 Procedures …

17.30.101 PURPOSE AND POLICY 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. …

17.30.1010 MIXING ZONE 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 statute(s)…

17.30.1011 NONDEGRADATION 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. Authorizing…

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: "Applicant" means a person who applies for a license or permit issued by an agency of the federal government to conduct an acti…

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

17.30.1023 PERMIT APPLICATIONS 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. The owner or operator of any source with an M…

17.30.1024 REVIEW PROCEDURES 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 receipt …

17.30.103 APPLICATION FOR CERTIFICATION 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 certific…

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

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 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. 1499.…

17.30.1033 REISSUANCE OF PERMITS Any permittee who wishes to continue to discharge after the expiration date oftheir MGWPCS permit must request reissuance oftheir permit at least 180 days prior to its date of expiration. The request for reissuance of an MGWPCS permit must be in l…

17.30.1034 CONTINUATION OF EXPIRING PERMITS The conditions of an expired permit continue in force until the effective date of a new permit if: the permittee has submitted a timely and complete application under ARM 17.30.1322" title="http://www.mtrules.org/gateway/ruleno.asp?RN=1…

17.30.1035 OBLIGATION TO RAISE ISSUES AND PROVIDE INFORMATION 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 ascerta…

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

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

17.30.1042 GENERAL PERMITS 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 AMD…

17.30.1045 EMERGENCY POWERS OF THE DEPARTMENT 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 quality s…

17.30.105 DEPARTMENT CERTIFICATION OPTIONS 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: deny certification for any activity which the department f…

17.30.106 TENTATIVE DETERMINATION BY THE DEPARTMENT 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 w…

17.30.108 PUBLIC NOTICE AND FINAL DETERMINATION BY THE DEPARTMENT 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: the applicant; federal, state, and local gove…

17.30.109 APPEAL TO THE BOARD 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 mu…

17.30.1101 PURPOSE AND SCOPE 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 subc…

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 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: associated with construction activity; associated with industrial activity; …

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

17.30.1107 DESIGNATION PROCEDURES: SMALL MS4S For purposes of this rule, "designation" means a determination by the department that an MS4 is subject to the permit requirements of this subchapter. The department shall designate an MS4 other than those identified in ARM 17.30.1102…

17.30.1110 APPLICATION PROCEDURES: GENERAL This rule does not apply to storm water discharges associated with construction activity. The application procedures for such discharges are set out in ARM 17.30.1115. When a facility or activity is owned by one person but is operated by…

17.30.1111 APPLICATION PROCEDURES, PERMIT REQUIREMENTS: SMALL MS4S Owners or operators of small MS4s shall apply for authorization under an MPDES permit as provided in ARM 17.30.1110 and this rule. For small MS4s in existence on February 14, 2003, the permit requirements in this …

17.30.1115 NOTICE OF INTENT PROCEDURES: CONSTRUCTION ACTIVITY A person who discharges or proposes to discharge storm water associated with construction activity shall submit to the department a notice of intent (NOI) as provided in this rule. The NOI must be signed by the owner o…

17.30.1116 INDUSTRIAL NO-EXPOSURE CERTIFICATION Discharges composed entirely of storm water are not regulated as discharges associated with industrial activity or discharges associated with mining and oil and gas activity if there is no exposure of industrial materials and activi…

17.30.1117 TRANSFER OF PERMIT COVERAGE General permit authorizations and NOIs for storm water discharges regulated under this subchapter are not transferable to a new owner or operator, including when the name and/or legal ownership of a party changes, unless the new or revised o…

17.30.1201 PURPOSE AND SCOPE The purpose of this subchapter is to establish effluent limitations and standards, treatment requirements, standards of performance, and other requirements for point sources discharging wastes into state surface waters. These requirements, together wi…

17.30.1202 DEFINITIONS The following definitions, in addition to those in 75-5-103, MCA, apply throughout this subchapter: "Alternative effluent limitations" means all effluent limitations or standards of performance for the control of the thermal component of any discharge which…

17.30.1203 CRITERIA AND STANDARDS FOR IMPOSING TECHNOLOGY-BASED TREATMENT REQUIREMENTS IN MPDES PERMITS - VARIANCE PROCEDURES Technology-based treatment requirements under section 301(b) of the federal Clean Water Act represent the minimum level of control that must be imposed in…

17.30.1206 TOXIC POLLUTANT EFFLUENT STANDARDS This rule is applicable to owners or operators of facilities specified in 40 CFR Part 129 that discharge into state surface waters. The effluent standards or prohibitions for toxic pollutants established in 40 CFR Part 129 shall be ap…

17.30.1207 EFFLUENT LIMITATIONS AND STANDARDS OF PERFORMANCE Permits issued to point source dischargers, other than POTWs, must include effluent limitations or standards of performance applicable to the point source that are set forth in 40 CFR Chapter I, Subchapter N, as provide…

17.30.1208 HAZARDOUS SUBSTANCES (REPEALED) Authorizing statute(s): 75-5-304, MCA Implementing statute(s): 75-5-304, 75-5-401, MCA History: NEW, 1989 MAR p. 2060, Eff. 12/8/89; TRANS, from DHES, 1996 MAR p. 1499; REP, 2011 MAR p. 2131, Eff. 10/14/11.).

17.30.1209 SECONDARY TREATMENT (REPEALED) Authorizing statute(s): 75-5-304, MCA Implementing statute(s): 75-5-304, 75-5-401, MCA History: NEW, 1989 MAR p. 2060, Eff. 12/8/89; TRANS, from DHES, 1996 MAR p. 1499; REP, 2011 MAR p. 2131, Eff. 10/14/11.

17.30.1210 CRITERIA AND STANDARDS FOR DETERMINING ALTERNATIVE EFFLUENT LIMITATIONS FOR THERMAL DISCHARGES Thermal discharge effluent limitations or standards established in permits may be less stringent than those required by applicable standards and limitations, if the discharge…

17.30.1211 TECHNOLOGY-BASED REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES The purpose of this rule is to establish technology-based requirements that apply to the location, design, construction, and capacity of the cooling water intake structures at new faci…