Montana Administrative Code

17.30.1116 INDUSTRIAL NO-EXPOSURE CERTIFICATION (1) 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 ac…

17.30.1117 TRANSFER OF PERMIT COVERAGE (1) 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 revis…

17.30.1201 PURPOSE AND SCOPE (1) 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, togethe…

17.30.1202 DEFINITIONS The following definitions, in addition to those in 75-5-103, MCA, apply throughout this subchapter: (1) "Alternative effluent limitations" means all effluent limitations or standards of performance for the control of the thermal component of any discharge w…

17.30.1203 CRITERIA AND STANDARDS FOR IMPOSING TECHNOLOGY-BASED TREATMENT REQUIREMENTS IN MPDES PERMITS - VARIANCE PROCEDURES (1) Technology-based treatment requirements under section 301(b) of the federal Clean Water Act represent the minimum level of control that must be impose…

17.30.1206 TOXIC POLLUTANT EFFLUENT STANDARDS (1) This rule is applicable to owners or operators of facilities specified in 40 CFR Part 129 that discharge into state surface waters. (2) The effluent standards or prohibitions for toxic pollutants established in 40 CFR Part 129 sha…

17.30.1207 EFFLUENT LIMITATIONS AND STANDARDS OF PERFORMANCE (1) 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 pro…

17.30.1208 HAZARDOUS SUBSTANCES (REPEALED) Authorizing statute(s): 75-5-304, MCA Implementing statute(s): 75-5-304, 75-5-401, MCA History: NEW, 1989 MAR p. 2060, Eff. 12/8/89; TRANS, from DHES, 1996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17.30.1209 SECONDARY TREATMENT (REPEALED) Authorizing statute(s): 75-5-304, MCA Implementing statute(s): 75-5-304, 75-5-401, MCA History: NEW, 1989 MAR p. 2060, Eff. 12/8/89; TRANS, from DHES, 1996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 (1) Thermal discharge effluent limitations or standards established in permits may be less stringent than those required by applicable standards and limitations, if the disch…

17.30.1211 TECHNOLOGY-BASED REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES (1) 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 …

17.30.1212 INFORMATION REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES (1) 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 require…

17.30.1213 ALTERNATIVE REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES (1) 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…

17.30.1214 TECHNOLOGY-BASED REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR EXISTING FACILITIES (1) 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…

17.30.1301 PURPOSE AND SCOPE (1) 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 …

17.30.1302 CONFLICTING PROVISIONS; SEVERABILITY (1) 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 st…

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. (1) "Act" means the Montana Water Quality Act, Title 75,…

17.30.1310 EXCLUSIONS (1) The following discharges do not require MPDES permits: (a) discharges of dredged or fill material into waters of the United States that are regulated under section 404 of the federal Clean Water Act; (b) the introduction of sewage, industrial wastes, or …

17.30.1311 PROHIBITIONS No permit may be issued: (1) when the conditions of the permit do not provide for compliance with the applicable requirements of the Act, or rules adopted under the Act; (2) when the applicant is required to obtain a state or other appropriate certificatio…

17.30.1312 EFFECT OF PERMIT (1) 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…

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

17.30.1321 CONFIDENTIALITY OF INFORMATION (1) 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 …

17.30.1322 APPLICATION FOR A PERMIT (1) 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…

17.30.1323 SIGNATORIES TO PERMIT APPLICATIONS AND REPORTS (1) All permit applications must be signed as follows: (a) for a corporation, by a responsible corporate officer. A responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corpo…

17.30.1330 CONCENTRATED ANIMAL FEEDING OPERATIONS (1) 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 feedin…

17.30.1331 CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITIES AND AQUACULTURE PROJECTS (1) "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…

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 (1) 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, Ef…

17.30.1334 TECHNICAL STANDARDS FOR CONCENTRATED ANIMAL FEEDING OPERATION (1) 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 w…

17.30.1340 NEW SOURCES AND NEW DISCHARGERS (1) 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: (a) it is constructed at a site at which no other source is loca…

17.30.1341 GENERAL PERMITS (1) 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: (a) cofferdams …

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 (1) The following conditions, in addition to those set forth in ARM 17.30.1342, apply to all MPDES permits within the categories specified below: (a) All existing manufacturing, commercial, mining…

17.30.1344 ESTABLISHING LIMITATIONS, STANDARDS, AND OTHER PERMIT CONDITIONS (1) 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 …

17.30.1345 CALCULATING MPDES PERMIT CONDITIONS (1) 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 lim…

17.30.1346 DURATION OF PERMITS (1) MPDES permits are effective for a fixed term not to exceed five years. (2) 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. (3) The department may …

17.30.1350 SCHEDULES OF COMPLIANCE (1) The permit may, when appropriate, specify a schedule of compliance leading to compliance with the Act and rules adopted thereunder. (a) Any schedules of compliance under this rule must require compliance as soon as possible, but not later th…

17.30.1351 REQUIREMENTS FOR RECORDING AND REPORTING OF MONITORING RESULTS (1) All permits must specify: (a) requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when ap…

17.30.1354 DISPOSAL OF POLLUTANTS INTO WELLS, INTO PUBLICLY OWNED TREATMENT WORKS, OR BY LAND APPLICATION (1) 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 ap…

17.30.1360 TRANSFER OF PERMITS (1) 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(…

17.30.1361 MODIFICATION OR REVOCATION AND REISSUANCE OF PERMITS (1) 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 modificati…

17.30.1362 MINOR MODIFICATIONS OF PERMITS (1) 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.…

17.30.1363 TERMINATION OF PERMITS (1) The following are causes for terminating a permit during its term, or for denying a permit renewal application: (a) noncompliance by the permittee with any condition of the permit; (b) the permittee's failure in the application or during the …

17.30.1364 APPLICATION PROCESSING PROCEDURES (1) (a) 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 gen…

17.30.1365 MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION OF PERMITS (1) 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, revo…

17.30.1370 DRAFT PERMITS (1) Once an application is complete, the department shall tentatively decide whether to prepare a draft permit or to deny the application. (2) If the department tentatively decides to deny the permit application, it shall issue a notice of intent to deny.…