Montana Administrative Code

17.30.501 PURPOSE The purpose of this subchapter is to implement 75-5-301(4), MCA, which requires the department to adopt rules governing the granting of mixing zones consistent with the provisions of 75-5-302 through 75-5-307 and 80-15-201, MCA. Authorizing statute(s): 75-5-301,…

17.30.502 DEFINITIONS The following definitions, in addition to those in 75-5-103, MCA, and ARM Title 17, chapter 30, subchapters 6 and 7, apply throughout this subchapter: "Acute toxicity" means a condition in which ambient water concentrations exceed the applicable acute aquati…

17.30.505 GENERAL CONSIDERATIONS FOR MIXING ZONE DESIGNATIONS After an assessment of information received from the applicant concerning the biological, chemical, and physical characteristics of the receiving water, as specified in ARM 17.30.506 or as requested by the department, …

17.30.506 WATER QUALITY ASSESSMENT No mixing zone will be granted if it would threaten or impair existing beneficial uses. Before any mixing zone is allowed, the applicant must provide information, as requested by the department, to determine whether a mixing zone will be allowed…

17.30.507 SPECIFIC RESTRICTIONS FOR SURFACE WATER MIXING ZONES Mixing zones for surface waters are subject to the following water quality standards: narrative water quality standards, standards for harmful substances, numeric acute and chronic standards for aquatic life; standard…

17.30.508 SPECIFIC RESTRICTIONS FOR GROUND WATER MIXING ZONES Mixing zones for ground water are to be limited and comply with the following water quality standards: Human health based ground water standards must not be exceeded beyond the boundaries of the mixing zone. No mixing …

17.30.515 DEPARTMENT PROCEDURES The department will determine whether a mixing zone is appropriate for a particular discharge during the department's permit, permit renewal, approval, order, or authorization review process pursuant to the rules in this subchapter. The department …

17.30.516 STANDARD MIXING ZONES FOR SURFACE WATER If a discharge to surface water is small in comparison to the volume of the receiving water or if the mixing is nearly instantaneous and the parameter(s) of concern will not threaten or impair existing uses as determined under ARM…

17.30.517 STANDARD MIXING ZONES FOR GROUND WATER The following criteria apply to determine which discharges qualify for a standard ground water mixing zone: A standard ground water mixing zone is generally applicable in unconfined aquifers, but may not be appropriate for semi-con…

17.30.518 SOURCE SPECIFIC MIXING ZONES If adequate information regarding stream flow or ground water flow is not available or if a standard mixing zone is not applicable or desired by the applicant, an applicant may request a source specific mixing zone. A source specific surface…

17.30.601 POLICY The following standards are adopted to conserve water by protecting, maintaining, and improving the quality and potability of water for public water supplies, wildlife, fish and aquatic life, agriculture, industry, recreation, and other beneficial uses. Authorizi…

17.30.602 DEFINITIONS In this subchapter the following terms have the meanings indicated below and are supplemental to the definitions given in 75-5-103, MCA: "Bioconcentrating parameters" means the parameters listed in department Circular DEQ-7 which have a bioconcentration fact…

17.30.603 APPLICATION AND COMPOSITION OF SURFACE WATER QUALITY STANDARDS The standards in this subchapter are adopted to establish maximum allowable changes in surface water quality and to establish a basis for limiting the discharge of pollutants which affect prescribed benefici…

17.30.606 STREAM CLASSIFICATION Before streams are classified or standards established or modified, the department shall hold a public hearing. Notice of the hearing specifying the waters concerned and the classification, standards or modification of them shall be published at le…

17.30.607 WATER-USE CLASSIFICATIONS--CLARK FORK COLUMBIA RIVER DRAINAGE EXCEPT THE FLATHEAD AND KOOTENAI RIVER DRAINAGES The water-use classifications adopted for the Clark Fork of the Columbia River drainage are as follows: Clark Fork River drainage except waters listed in (1)(a…

17.30.608 WATER-USE CLASSIFICATIONS--FLATHEAD RIVER DRAINAGE The water-use classifications adopted for the Flathead River are as follows: Flathead River drainage above Flathead Lake except waters listed in (1)(a)(i) through (viii) B-1 Essex Creek drainage to the Essex water suppl…

17.30.609 WATER-USE CLASSIFICATIONS--KOOTENAI RIVER DRAINAGE The water-use classifications adopted for the Kootenai River are as follows: All waters except those listed in (1)(a)(i) through (iv) B-1 Deep Creek drainage (tributary to the Tobacco River) to the Fortinewater supply i…

17.30.610 WATER-USE CLASSIFICATIONS--MISSOURI RIVER DRAINAGE EXCEPT YELLOWSTONE, BELLE FOURCHE, AND LITTLE MISSOURI RIVER DRAINAGES The water-use classifications adopted for the Missouri River are as follows: Missouri River drainage to and including the Sun River drainage except …

17.30.611 WATER-USE CLASSIFICATION--YELLOWSTONE RIVER DRAINAGE The water-use classifications adopted for the Yellowstone River are as follows: Yellowstone River drainage to the Laurel water supply intake (approximately at latitude 45.6545, longitude -108.7590) B-1 Yellowstone Riv…

17.30.612 WATER-USE CLASSIFICATIONS--LITTLE MISSOURI RIVER DRAINAGE--BELLE FOURCHE DRAINAGE The water-use classifications adopted for all waters in the Little Missouri and Belle Fourche drainages are ................................................................................…

17.30.613 WATER-USE CLASSIFICATIONS--HUDSON BAY DRAINAGE The water-use classifications for the Hudson Bay drainage are: All waters outside Glacier National Park ............................................................. B-1 Authorizing statute(s): 75-5-201, 75-5-301, MCA Imple…

17.30.614 WATER-USE CLASSIFICATIONS--NATIONAL PARK, WILDERNESS AND PRIMITIVE AREA WATERS water-use classifications for all national park, wilderness and primitive area waters are as follows: All waters even if classifications listed in ARM 17.30.607 through 17.30.613 imply or sta…

17.30.615 WATER-USE CLASSIFICATIONS AND DESCRIPTIONS - CONSTRUCTED DITCHES, SEASONAL AND SEMI-PERMANENT LAKES, AND EPHEMERAL STREAMS The water-use classifications for waters in constructed irrigation ditches and drain ditches that are state waters as defined in 75-5-103 , MCA, an…

17.30.616 WATER-USE CLASSIFICATION AND DESCRIPTIONS FOR PONDS AND RESERVOIRS CONSTRUCTED FOR THE DISPOSAL OF COAL BED METHANE WATER (REPEALED) Authorizing statute(s): 75-5-301, MCA Implementing statute(s): 75-5-301, MCA History: NEW, 2003 MAR p. 1274, Eff. 6/27/03; REP, 2012 MAR …

17.30.617 OUTSTANDING RESOURCE WATERS -- DESIGNATION All state surface waters located wholly within the boundaries of designated national parks or wilderness areas as of October 1, 1995, are outstanding resource waters (ORWs) . Other state waters may be designated an ORW by the d…

17.30.618 NATURAL AND NONANTHROPOGENIC WATER QUALITY STANDARDS Named waterbodies, waterbody segments, or waterbodies within geographic regions listed below have natural or nonanthropogenic concentrations for one or more parameters that exceed the applicable standards. For these w…

17.30.619 INCORPORATIONS BY REFERENCE The department adopts and incorporates by reference the following state and federal requirements and procedures as part of Montana's surface water quality standards: Department Circular DEQ-7, entitled "Montana Numeric Water Quality Standards…

17.30.620 SPECIFIC SURFACE WATER QUALITY STANDARDS--GENERAL Specific surface water quality standards, along with general provisions in ARM 17.30.635 through 17.30.637, 17.30.640, 17.30.641, 17.30.645, and 17.30.646, protect the beneficial water uses set forth in the water-use des…

17.30.621 A-CLOSED CLASSIFICATION STANDARDS Waters classified A-Closed are to be maintained suitable for drinking, culinary, and food processing purposes after simple disinfection. Water quality is to be maintained suitable for swimming, recreation, growth, and propagation of fis…

17.30.622 A-1 CLASSIFICATION STANDARDS Waters classified A-1 are to be maintained suitable for drinking, culinary and food processing purposes after conventional treatment for removal of naturally present impurities. Water quality must be maintained suitable for bathing, swimming…

17.30.623 B-1 CLASSIFICATION STANDARDS Waters classified B-1 are to be maintained suitable for drinking, culinary, and food processing purposes, after conventional treatment; bathing, swimming, and recreation; growth and propagation of salmonid fishes and associated aquatic life,…

17.30.624 B-2 CLASSIFICATION STANDARDS Waters classified B-2 are to be maintained suitable for drinking, culinary, and food processing purposes, after conventional treatment; bathing, swimming, and recreation; growth and marginal propagation of salmonid fishes and associated aqua…

17.30.625 B-3 CLASSIFICATION STANDARDS Waters classified B-3 are to be maintained suitable for drinking, culinary, and food processing purposes, after conventional treatment; bathing, swimming, and recreation; growth and propagation of non-salmonid fishes and associated aquatic l…

17.30.626 C-1 CLASSIFICATION STANDARDS Waters classified C-1 are to be maintained suitable for bathing, swimming, and recreation; growth and propagation of salmonid fishes and associated aquatic life, waterfowl and furbearers; and agricultural and industrial water supply. No pers…

17.30.627 C-2 CLASSIFICATION STANDARDS Waters classified C-2 are to be maintained suitable for bathing, swimming, and recreation; growth and marginal propagation of salmonid fishes and associated aquatic life, waterfowl and furbearers; and agricultural and industrial water supply…

17.30.628 I CLASSIFICATION STANDARDS The goal of the state of Montana is to have these waters fully support the following uses: drinking, culinary, and food processing purposes after conventional treatment; bathing, swimming, and recreation; growth and propagation of fishes and a…

17.30.629 C-3 CLASSIFICATION STANDARDS Waters classified C-3 are to be maintained suitable for bathing, swimming, and recreation, and growth and propagation of non-salmonid fishes and associated aquatic life, waterfowl, and furbearers. The quality of these waters is naturally mar…

17.30.630 TEMPORARY WATER QUALITY STANDARDS Following are the temporary water quality standards and related provisions for New World Mining District: The goal of the state of Montana is to have these waters support the uses listed for waters classified B-1 at ARM 17.30.623(1). Th…

17.30.631 NUMERIC ALGAL BIOMASS AND NUTRIENT STANDARDS No person may violate the numeric water quality standards identified below. The numeric nutrient and standing crop of benthic algae water quality standards for the mainstem Clark Fork River from below the Warm Springs Creek c…

17.30.632 SELENIUM STANDARDS FOR LAKE KOOCANUSA AND THE KOOTENAI RIVER For Lake Koocanusa and the Kootenai River mainstem, the standards specified in (6) and (7) supersede the otherwise applicable water quality standards found elsewhere in state law. Numeric selenium standards fo…

17.30.635 GENERAL TREATMENT STANDARDS The degree of waste treatment required to restore and maintain the quality of surface waters shall be based on the surface water quality standards and the following: the state's policy of nondegradation of existing high water quality as descr…

17.30.636 GENERAL OPERATION STANDARDS Owners and operators of water impoundments that cause conditions harmful to prescribed beneficial uses of state water shall demonstrate to the satisfaction of the department that continued operations will be done in the best practicable manne…

17.30.637 GENERAL PROHIBITIONS State surface waters must be free from substances attributable to municipal, industrial, agricultural practices or other discharges that will: settle to form objectionable sludge deposits or emulsions beneath the surface of the water or upon adjoini…

17.30.638 OUTSTANDING RESOURCE WATERS -- PROHIBITIONS Any new or increased point source discharge that would result in a permanent change in water quality is prohibited. Authorizing statute(s): 75-5-301, 75-5-316, MCA Implementing statute(s): 75-5-316, MCA History: NEW, 2006 MAR …

17.30.640 MIXING ZONE (REPEALED) Authorizing statute(s): 75-5-201, 75-5-301, MCA Implementing statute(s): 75-5-301, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 9/5/74; AMD, 1980 MAR p. 2252, Eff. 8/1/80; AMD, 1992 MAR p. 2064, Eff. 9/11/92; TRANS, from DHES, 1996 MAR…

17.30.641 SAMPLING METHODS Water quality monitoring, including methods of sample collection, preservation, and analysis used to determine compliance with the standards must be in accordance with 40 CFR Part 136 (July 1, 2015) or other method allowed by the department. Authorizing…

17.30.645 RADIOLOGICAL CRITERIA (REPEALED) Authorizing statute(s): 75-5-201, 75-5-301, MCA Implementing statute(s): 75-5-301, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 9/5/74; AMD, 1980 MAR p. 2252, Eff. 8/1/80; AMD, 1988 MAR p. 1191, Eff. 6/10/88; AMD, 1994 MAR p.…

17.30.646 BIOASSAYS Bioassay tolerance concentrations must be determined using the latest available research results for the materials, by bioassay tests procedures for simulating actual stream conditions as set forth in 40 CFR Part 136 (July 1, 2015). Any bioassay studies made m…

17.30.650 D-1 CLASSIFICATION STANDARDS Waters classified D-1 are to be maintained suitable for agricultural purposes and secondary contact recreation. No person may violate the following specific water quality standards for waters classified D-1: the designated uses of a receivin…

17.30.651 D-2 CLASSIFICATION STANDARDS Waters classified D-2 are to be maintained suitable for agricultural purposes and secondary contact recreation. Because of conditions resulting from flow regulation, maintenance of the ditch or geomorphological and riparian habitat condition…