Montana Administrative Code

17.30.1805 PROGRAM APPLICATION CONTENT (1) To obtain approval of a district program, the district's board of directors shall file an application with the department. The application shall contain the following: (a) a map delineating the boundaries of the district and a descriptio…

17.30.1806 PROGRAM APPROVAL AND REPORTING (1) Upon receipt of a district program application by the department, the department will have 30 calendar days to conduct a completeness review of the application. If the application is incomplete, the department shall send written notif…

17.30.1807 PROCEDURES FOR GRANTING STATE ENFORCEMENT AUTHORITY TO LOCAL WATER QUALITY DISTRICTS (1) Whenever a person is in violation of 75-5-605, MCA, at a location within the district, the department may request that the district enforce the provisions of Title 75, chapter 5, M…

17.30.2001 DEFINITIONS (REPEALED) Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-611, MCA History: NEW, 1998 MAR p. 940, Eff. 4/17/98; AMD, 2006 MAR p. 1139, Eff. 5/5/06; REP, 2016 MAR p. 517, Eff. 3/19/16.

17.30.2003 ENFORCEMENT ACTIONS FOR ADMINISTRATIVE PENALTIES (REPEALED) Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-611, MCA History: NEW, 1998 MAR p. 940, Eff. 4/17/98; AMD, 2002 MAR p. 1749, Eff. 6/28/02; AMD, 2006 MAR p. 1874, Eff. 5/5/06; REP, 2016 MAR …

17.30.2005 FORMULA FOR DETERMINING ADMINISTRATIVE PENALTIES (REPEALED) Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-611, MCA History: NEW, 1998 MAR p. 940, Eff. 4/17/98; REP, 2006 MAR p. 1139, Eff. 5/5/06.

17.30.2006 EXTENT AND GRAVITY OF THE VIOLATION (REPEALED) Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-611, MCA History: NEW, 1998 MAR p. 940, Eff. 4/17/98; REP, 2006 MAR p. 1139, Eff. 5/5/06.

17.30.201 PERMIT APPLICATION, FEASIBILITY ALLOWANCES, AND ANNUAL PERMIT FEES (1) The purpose of this rule is to provide fee schedules for use in determining fees to be paid to the department under 75-5-516, MCA. The types of fees provided under this rule are: (a) application fees…

17.30.301 POLICY (1) The provisions of this subchapter are adopted as a model rule which the department is required to adopt by 75-7-401 , MCA. The model rule is designed to enable counties to protect water quality and aquatic ecosystems by reducing the amount of phosphorus enter…

17.30.302 DEFINITIONS In this subchapter the following terms have the meanings indicated below: (1) "Chemical water conditioner" means a water softening chemical or other substance containing phosphorus which is intended to treat water for use in machines for washing laundry. (2)…

17.30.303 PROHIBITIONS AND EXCEPTIONS (1) No household cleaning product may be distributed, sold, offered, or exposed for sale if it contains phosphorus in concentrations in excess of a trace quantity, except that no dishwashing detergent may be distributed, sold, offered, or exp…

17.30.501 PURPOSE (1) 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-…

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: (1) "Acute toxicity" means a condition in which ambient water concentrations exceed the applicable acute aq…

17.30.505 GENERAL CONSIDERATIONS FOR MIXING ZONE DESIGNATIONS (1) 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 departme…

17.30.506 WATER QUALITY ASSESSMENT (1) 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 all…

17.30.507 SPECIFIC RESTRICTIONS FOR SURFACE WATER MIXING ZONES (1) Mixing zones for surface waters are subject to the following water quality standards: (a) narrative water quality standards, standards for harmful substances, numeric acute and chronic standards for aquatic life; …

17.30.508 SPECIFIC RESTRICTIONS FOR GROUND WATER MIXING ZONES (1) Mixing zones for ground water are to be limited and comply with the following water quality standards: (a) Human health based ground water standards must not be exceeded beyond the boundaries of the mixing zone. (2…

17.30.515 DEPARTMENT PROCEDURES (1) 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 departm…

17.30.516 STANDARD MIXING ZONES FOR SURFACE WATER (1) 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…

17.30.517 STANDARD MIXING ZONES FOR GROUND WATER (1) The following criteria apply to determine which discharges qualify for a standard ground water mixing zone: (a) A standard ground water mixing zone is generally applicable in unconfined aquifers, but may not be appropriate for …

17.30.518 SOURCE SPECIFIC MIXING ZONES (1) 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. (2) A source specific…

17.30.601 POLICY (1) 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. Autho…

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: (1) "Bioconcentrating parameters" means the parameters listed in department Circular DEQ-7 which have a bioconcentration …

17.30.603 APPLICATION AND COMPOSITION OF SURFACE WATER QUALITY STANDARDS (1) 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 bene…

17.30.606 STREAM CLASSIFICATION (1) Before streams are classified or standards established or modified, the department shall hold a public hearing. (a) Notice of the hearing specifying the waters concerned and the classification, standards or modification of them shall be publish…

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

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

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

17.30.610 WATER-USE CLASSIFICATIONS--MISSOURI RIVER DRAINAGE EXCEPT YELLOWSTONE, BELLE FOURCHE, AND LITTLE MISSOURI RIVER DRAINAGES (1) The water-use classifications adopted for the Missouri River are as follows: (a) Missouri River drainage to and including the Sun River drainage…

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

17.30.612 WATER-USE CLASSIFICATIONS--LITTLE MISSOURI RIVER DRAINAGE--BELLE FOURCHE DRAINAGE (1) 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: (1) All waters outside Glacier National Park ............................................................. B-1 Authorizing statute(s): 75-5-201, 75-5-301, MCA I…

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: (1) All waters even if classifications listed in ARM 17.30.607 through 17.30.613 imply or…

17.30.615 WATER-USE CLASSIFICATIONS AND DESCRIPTIONS - CONSTRUCTED DITCHES, SEASONAL AND SEMI-PERMANENT LAKES, AND EPHEMERAL STREAMS (1) The water-use classifications for waters in constructed irrigation ditches and drain ditches that are state waters as defined in 75-5-103 , MCA…

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 (1) 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 t…

17.30.618 NATURAL AND NONANTHROPOGENIC WATER QUALITY STANDARDS (1) 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 the…

17.30.619 INCORPORATIONS BY REFERENCE (1) The department adopts and incorporates by reference the following state and federal requirements and procedures as part of Montana's surface water quality standards: (a) Department Circular DEQ-7, entitled "Montana Numeric Water Quality S…

17.30.620 SPECIFIC SURFACE WATER QUALITY STANDARDS--GENERAL (1) 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…

17.30.621 A-CLOSED CLASSIFICATION STANDARDS (1) 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…

17.30.622 A-1 CLASSIFICATION STANDARDS (1) 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. (2) Water quality must be maintained suitable for bathing, …

17.30.623 B-1 CLASSIFICATION STANDARDS (1) 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 l…

17.30.624 B-2 CLASSIFICATION STANDARDS (1) 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 …

17.30.625 B-3 CLASSIFICATION STANDARDS (1) 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 aquat…

17.30.626 C-1 CLASSIFICATION STANDARDS (1) 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. (2)…

17.30.627 C-2 CLASSIFICATION STANDARDS (1) 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 su…

17.30.628 I CLASSIFICATION STANDARDS (1) 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 a…