Montana Administrative Code

17.30.1212 INFORMATION REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES The owner or operator of a new facility with cooling water intake structures shall submit to the department a statement specifying its intent to comply with the technology-based requirement…

17.30.1213 ALTERNATIVE REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES Any interested person may request that alternative requirements less stringent than those required in ARM 17.30.1211(7) through (10) be imposed in a permit. The department may establish alt…

17.30.1214 TECHNOLOGY-BASED REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR EXISTING 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 exi…

17.30.1301 PURPOSE AND SCOPE The purpose of this subchapter, taken together with subchapters 11, 12, and 14, is to establish and implement one common system for issuing permits for point sources discharging pollutants into state waters, and is intended to allow the board and depa…

17.30.1302 CONFLICTING PROVISIONS; SEVERABILITY The provisions of the MPDES rules are to be construed as being compatible with and complementary to each other. In the event that any of these rules are found by a court of competent jurisdiction to be contradictory, the more string…

17.30.1303 INCORPORATIONS BY REFERENCE (REPEALED) Authorizing statute(s): 75-5-304, MCA Implementing statute(s): 75-5-304, 75-5-401, MCA History: NEW, 1989 MAR p. 2060, Eff. 12/8/89; AMD, 1992 MAR p. 1241, Eff. 6/12/92; TRANS, from DHES, and AMD, 1996 MAR p. 1499, Eff. 6/7/96; AM…

17.30.1304 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. "Act" means the Montana Water Quality Act, Title 75, cha…

17.30.1310 EXCLUSIONS The following discharges do not require MPDES permits: discharges of dredged or fill material into waters of the United States that are regulated under section 404 of the federal Clean Water Act; the introduction of sewage, industrial wastes, or other pollut…

17.30.1311 PROHIBITIONS No permit may be issued: when the conditions of the permit do not provide for compliance with the applicable requirements of the Act, or rules adopted under the Act; when the applicant is required to obtain a state or other appropriate certification under …

17.30.1312 EFFECT OF PERMIT Except for any toxic effluent standards and prohibitions applicable under ARM 17.30.1206, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with all applicable effluent standards. However, a permit may be mod…

17.30.1313 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 application under ARM 17.30.1322, which is a complete application for a new permit; the department, …

17.30.1321 CONFIDENTIALITY OF INFORMATION In accordance with 75-5-105 , MCA, any information concerning sources of pollution that is furnished to the board or department or which is obtained by either of them is a matter of public record and open to public use, provided that trad…

17.30.1322 APPLICATION FOR A PERMIT Any person who discharges or proposes to discharge pollutants and who does not have an effective permit, except persons covered by general permits under ARM 17.30.1341, excluded under ARM 17.30.1310, or a user of a privately owned treatment wor…

17.30.1323 SIGNATORIES TO PERMIT APPLICATIONS AND REPORTS All permit applications must be signed as follows: for a corporation, by a responsible corporate officer. A responsible corporate officer means: a president, secretary, treasurer, or vice-president of the corporation in ch…

17.30.1330 CONCENTRATED ANIMAL FEEDING OPERATIONS Concentrated animal feeding operations (CAFOs), as defined in 75-5-801, MCA, or designated in accordance with (5) through (7), are point sources subject to the MPDES requirements as provided in this rule. Once an animal feeding op…

17.30.1331 CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITIES AND AQUACULTURE PROJECTS "Concentrated aquatic animal production facility" means a hatchery, fish farm, or other facility which meets the criteria in Appendix C of 40 CFR Part 122, or which the department designates und…

17.30.1332 STORM WATER DISCHARGES (REPEALED) Authorizing statute(s): 75-5-201, 75-5-401, MCA Implementing statute(s): 75-5-401, MCA History: NEW, 1989 MAR p. 2060, Eff. 12/8/89; AMD, 1992 MAR p. 1241, Eff. 6/12/92; TRANS, from DHES, 1996 MAR p. 1499; REP, 2003 MAR p. 220, Eff. 2/…

17.30.1333 SILVICULTURAL ACTIVITIES Silvicultural point sources, as defined in ARM 17.30.1304(56) , are point sources subject to the MPDES permit program. Authorizing statute(s): 75-5-201, 75-5-401, MCA Implementing statute(s): 75-5-401, MCA History: NEW, 1989 MAR p. 2060, Eff. 1…

17.30.1334 TECHNICAL STANDARDS FOR CONCENTRATED ANIMAL FEEDING OPERATION The owner or operator of a CAFO as defined in ARM 17.30.1330 that is subject to the requirements of 40 CFR 412 Subparts C or D shall develop and implement a nutrient management plan (NMP) in accordance with …

17.30.1340 NEW SOURCES AND NEW DISCHARGERS Except as otherwise provided in an applicable new source performance standard, a source is a new source if it meets the definition of new source in ARM 17.30.1304, and: it is constructed at a site at which no other source is located; or …

17.30.1341 GENERAL PERMITS The department may issue general permits for the following categories of point sources which the department has determined are appropriate for general permitting under the criteria listed in 40 CFR 122.28 as stated in ARM 17.30.1105: cofferdams or other…

17.30.1342 CONDITIONS APPLICABLE TO ALL PERMITS The following conditions apply to all MPDES permits. Additional conditions applicable to MPDES permits are set forth in ARM 17.30.1344. All conditions applicable to MPDES permits must be incorporated into the permits either expressl…

17.30.1343 ADDITIONAL CONDITIONS APPLICABLE TO SPECIFIC CATEGORIES OF MPDES PERMITS The following conditions, in addition to those set forth in ARM 17.30.1342, apply to all MPDES permits within the categories specified below: All existing manufacturing, commercial, mining, and si…

17.30.1344 ESTABLISHING LIMITATIONS, STANDARDS, AND OTHER PERMIT CONDITIONS In addition to the conditions established under ARM 17.30.1342, 17.30.1343, 17.30.1346, 17.30.1350, and 17.30.1351, each MPDES permit must include conditions meeting the requirements stated in 40 CFR 122.…

17.30.1345 CALCULATING MPDES PERMIT CONDITIONS All permit effluent limitations, standards, and prohibitions must be established for each outfall or discharge point of the permitted facility, except as otherwise provided under ARM 17.30.1344 (40 CFR 122.44(k)) (BMP's where limitat…

17.30.1346 DURATION OF PERMITS MPDES permits are effective for a fixed term not to exceed five years. Except as provided in ARM 17.30.1313, the term of a permit may not be extended by modification beyond the maximum duration specified in this rule. The department may issue any pe…

17.30.1350 SCHEDULES OF COMPLIANCE The permit may, when appropriate, specify a schedule of compliance leading to compliance with the Act and rules adopted thereunder. Any schedules of compliance under this rule must require compliance as soon as possible, but not later thanany ap…

17.30.1351 REQUIREMENTS FOR RECORDING AND REPORTING OF MONITORING RESULTS All permits must specify: requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriat…

17.30.1354 DISPOSAL OF POLLUTANTS INTO WELLS, INTO PUBLICLY OWNED TREATMENT WORKS, OR BY LAND APPLICATION When part of a discharger's process wastewater is not being discharged into state waters or contiguous zone because it is disposed into a well, into a POTW, or by land applic…

17.30.1360 TRANSFER OF PERMITS Except as provided in (2) , a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under ARM 17.30.1361(2) (b) ) , or a minor modification made (under ARM 17.30.1362(4) )…

17.30.1361 MODIFICATION OR REVOCATION AND REISSUANCE OF PERMITS When the department receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see ARM 17.30.1342) , receives a request for modification o…

17.30.1362 MINOR MODIFICATIONS OF PERMITS Upon the consent of the permittee, the department may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this rule, without following the procedures of ARM 17.30.1364, 17.30.1365, 17.30.1…

17.30.1363 TERMINATION OF PERMITS The following are causes for terminating a permit during its term, or for denying a permit renewal application: noncompliance by the permittee with any condition of the permit; the permittee's failure in the application or during the permit issua…

17.30.1364 APPLICATION PROCESSING PROCEDURES Any person who requires a permit under the MPDES program shall complete, sign, and submit to the department an application for each permit required under ARM 17.30.1301. Application procedures for authorizations under MPDES general per…

17.30.1365 MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION OF PERMITS During their term, permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) . However, permits may only be modified, revoked …

17.30.1370 DRAFT PERMITS Once an application is complete, the department shall tentatively decide whether to prepare a draft permit or to deny the application. If the department tentatively decides to deny the permit application, it shall issue a notice of intent to deny. A notic…

17.30.1371 FACT SHEET A fact sheet must be prepared for every draft permit for a major facility or activity, and for every draft permit which the department finds is the subject of widespread public interest or raises major issues. The fact sheet must briefly set forth the princi…

17.30.1372 PUBLIC NOTICE OF PERMIT ACTIONS AND PUBLIC COMMENT PERIOD The department shall give public notice that the following actions have occurred: a permit application has been tentatively denied under ARM 17.30.1370(2); a draft permit has been prepared under ARM 17.30.1370(4…

17.30.1373 PUBLIC COMMENTS AND REQUESTS FOR PUBLIC HEARINGS During the public comment period provided under ARM 17.30.1372, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request …

17.30.1374 PUBLIC HEARINGS The department shall hold a public hearing whenever it finds, on the basis of requests, a significant degree of public interest in a draft permit(s) ; the department may also hold a public hearing at its discretion, whenever, for instance, such a hearin…

17.30.1375 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 deny an application, terminate a permit, or prepare a draft permit is inapp…

17.30.1376 REOPENING OF THE PUBLIC COMMENT PERIOD If any data, information or arguments submitted during the public comment period, including information or arguments required under ARM 17.30.1375, appear to raise substantial new questions concerning a permit, the department may …

17.30.1377 RESPONSE TO COMMENTS At the time that any final permit decision is issued under ARM 17.30.1378, the department shall issue a response to comments. This response must: specify which provisions, if any, of the draft permit have been changed in the final permit decision, …

17.30.1378 ISSUANCE AND EFFECTIVE DATE OF PERMIT After the close of the public comment period under ARM 17.30.1372, the department will issue a final permit decision. The department will notify the applicant and each person who has submitted written comments or requested notice o…

17.30.1379 STAYS OF CONTESTED PERMIT CONDITIONS If a request to the department for review of an MPDES permit is granted, the effect of the contested permit conditions must be stayed and may not be subject to judicial review pending final action by the department. If the permit in…

17.30.1383 CONDITIONS REQUESTED BY GOVERNMENT AGENCIES If during the comment period the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, or any other state or federal agency with jurisdiction over fish, wildlife, or public health advises the department in wr…

17.30.1384 DISPOSAL WELLS Disposal of pollutants into wells that affect state waters is prohibited, except: as provided in the terms and conditions of an MPDES permit; or water, gas, or other material which is injected into a well to facilitate production of oil or gas or water d…

17.30.1385 AGENCY MEMBERSHIP RESTRICTIONS Any body which approves MPDES permit applications or portions thereof may not include as a member any person who receives, or has during the previous two years received a significant portion of his income directly or indirectly from permi…

17.30.1386 STATE AND EPA COORDINATION (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, 2016 MAR. p. 517, Eff. 3/19/16.

17.30.1387 SMALL CONFINEMENT FACILITIES FOR ANIMALS Unless considered necessary by the department, the procedural requirements of ARM 17.30.1370 through 17.30.1377 and the requirements for state-EPA coordinators in ARM 17.30.1386 do not apply to small confinement facilities for a…