Montana Administrative Code

17.30.632 SELENIUM STANDARDS FOR LAKE KOOCANUSA AND THE KOOTENAI RIVER (1) 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. (2) Numeric selenium stan…

17.30.635 GENERAL TREATMENT STANDARDS (1) 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: (a) the state's policy of nondegradation of existing high water quality …

17.30.636 GENERAL OPERATION STANDARDS (1) 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 m…

17.30.637 GENERAL PROHIBITIONS (1) State surface waters must be free from substances attributable to municipal, industrial, agricultural practices or other discharges that will: (a) settle to form objectionable sludge deposits or emulsions beneath the surface of the water or upon…

17.30.638 OUTSTANDING RESOURCE WATERS -- PROHIBITIONS (1) 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 …

17.30.640 MIXING ZONE (REPEALED) Authorizing statute(s): 75-5-201, 75-5-301, MCA Implementing statute(s): 75-5-301, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 9/5/74; AMD, 1980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 (1) 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. Authori…

17.30.645 RADIOLOGICAL CRITERIA (REPEALED) Authorizing statute(s): 75-5-201, 75-5-301, MCA Implementing statute(s): 75-5-301, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 9/5/74; AMD, 1980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 (1) 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 ma…

17.30.650 D-1 CLASSIFICATION STANDARDS (1) Waters classified D-1 are to be maintained suitable for agricultural purposes and secondary contact recreation. (2) No person may violate the following specific water quality standards for waters classified D-1: (a) the designated uses o…

17.30.651 D-2 CLASSIFICATION STANDARDS (1) 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 condi…

17.30.652 E-1 CLASSIFICATION STANDARDS (1) Waters classified E-1 are to be maintained suitable for agricultural purposes, secondary contact recreation and wildlife. (2) No person may violate the following specific water quality standards for waters classified E-1: (a) the designa…

17.30.653 E-2 CLASSIFICATION STANDARDS (1) Waters classified E-2 are to be maintained suitable for agricultural purposes, secondary contact recreation, and wildlife. Because of habitat, low flow, hydro-geomorphic and other physical conditions these waters are marginally suitable …

17.30.654 E-3 CLASSIFICATION STANDARDS (1) Waters classified E-3 are to be maintained suitable for agricultural purposes, secondary contact recreation, and wildlife. (2) No person may violate the following specific water quality standards for waters classified E-3: (a) the geomet…

17.30.655 E-4 CLASSIFICATION STANDARDS (1) Waters classified E-4 are to be maintained suitable for aquatic life, agricultural purposes, secondary contact recreation, and wildlife. (2) No person may violate the following specific water quality standards for waters classified E-4: …

17.30.656 E-5 CLASSIFICATION STANDARDS (1) Waters classified E-5 are to be maintained suitable for agricultural purposes, secondary contact recreation, saline tolerant aquatic life, and wildlife. (2) No person may violate the following specific water quality standards for waters …

17.30.657 F-1 CLASSIFICATION STANDARDS (1) Waters classified F-1 are to be maintained suitable for secondary contact recreation, wildlife and aquatic life not including fish. (2) No person may violate the following specific water quality standards for waters classified F-1: (a) t…

17.30.658 G-1 CLASSIFICATION STANDARDS (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; AMD, 2006 MAR p. 528, Eff. 2/24/06; REP, 2012 MAR p. 2060, Eff. 10/12/12.

17.30.660 NUTRIENT STANDARDS VARIANCES (1) A person may apply to the department for a nutrient standards variance at any time following the board's adoption of base numeric nutrient standards. In addition to this rule, variances are subject to the procedures and requirements cont…

17.30.661 VARIANCE FROM STANDARD FOR WATER BODY CONDITIONS (1) The department may grant to a permittee a variance from a water quality standard if the department determines in writing that the following conditions are met: (a) the standard is more stringent than the quality of th…

17.30.662 TEMPORARY WATER QUALITY STANDARDS VARIANCES (1) The department may issue a temporary variance from a water quality standard in compliance with this rule and 40 CFR 131.14. (2) To obtain a temporary variance, a permittee shall submit to the department an application that…

17.30.670 NUMERIC STANDARDS FOR ELECTRICAL CONDUCTIVITY (EC) AND SODIUM ADSORPTION RATIO (SAR) (1) No person may violate the numeric water quality standards or the criteria for determining nonsignificant changes in water quality identified in (2) through (6) . (2) The numeric sta…

17.30.701 PURPOSE (1) The purpose of this subchapter is to prohibit degradation of high quality state waters, except in certain limited circumstances, by implementing the nondegradation policy set forth in 75-5-303 , MCA, and providing criteria and procedures for: (a) determining…

17.30.702 DEFINITIONS The following definitions, in addition to those in 75-5-103, MCA, apply throughout this subchapter (Note: 75-5-103, MCA, includes definitions for "base numeric nutrient standards," "degradation," "existing uses," "high quality waters," "mixing zone," and "pa…

17.30.705 NONDEGRADATION POLICY--APPLICABILITY AND LEVEL OF PROTECTION (1) The provisions of this subchapter apply to any activity of man resulting in a new or increased source which may cause degradation. (2) Department review of proposals for new or increased sources will deter…

17.30.706 INFORMATIONAL REQUIREMENTS FOR NONDEGRADATION SIGNIFICANCE/FEASIBILITY ALLOWANCE REVIEW (1) Any person proposing an activity that may cause degradation is responsible for compliance with 75-5-303, MCA. Except as provided in (2), a person may: (a) determine for themselve…

17.30.707 DEPARTMENT PROCEDURES FOR REVIEW OF FEASIBILITY ALLOWANCE APPLICATIONS (1) Upon a determination by the department that an application for a feasibility allowance required under this rule is complete, the department will prepare a preliminary decision either authorizing …

17.30.708 DEPARTMENT PROCEDURES FOR ISSUING PRELIMINARY AND FINAL DECISIONS REGARDING FEASIBILITY ALLOWANCES (1) A preliminary decision to deny or authorize a feasibility allowance must be accompanied by a statement of basis for the decision and, if applicable, a detailed stateme…

17.30.715 CRITERIA FOR DETERMINING NONSIGNIFICANT CHANGES IN WATER QUALITY (1) The following criteria will be used to determine whether certain activities or classes of activities will result in nonsignificant changes in existing water quality due to their low potential to affect…

17.30.716 CATEGORIES OF ACTIVITIES THAT CAUSE NONSIGNIFICANT CHANGES IN WATER QUALITY (1) In addition to the activities listed in 75-5-317 , MCA, the categories or classes of activities that are identified in this rule have been determined by the department to cause changes in wa…

17.30.717 IMPLEMENTATION OF WATER QUALITY PROTECTION PRACTICES (1) The owner of a new or increased source for which no water quality protection practices are approved by the department must design and submit a viable plan for implementation of the necessary water quality protecti…

17.30.718 CRITERIA FOR NUTRIENT REDUCTION FROM WASTEWATER TREATMENT SYSTEMS (1) This rule describes the information that must be submitted to obtain a department classification of a as level 1a, level 1b, or level 2, as those terms are defined in ARM 17.30.702. The nitrogen treat…

17.35.101 GENERAL (1) The Clean Vessel Act of 1992 encourages construction of vessel pumpout facilities at watercraft terminals located on or adjacent to state waters. This law is codified at PL-92-587. Proper construction, operation, and maintenance of these facilities will prot…

17.35.102 LOCATION (1) Stationary pumping equipment should generally be located as close to the boat off-loading point as possible and where boats need to maneuver the least. All components of the vessel pumpout station should meet the setback distances required in ARM Title 17, …

17.35.103 DESIGN (1) Vessel pumpout stations should include means of flushing tanks, lines, and other components that contact sewage. In addition, a pumpout facility should be equipped with a wash-down system to allow cleaning of portable toilets. (2) Vessel pumpout stations shou…

17.35.104 PIPES, FITTINGS, AND HOSES (1) All tanks, pumps, lines, hoses, and other equipment should be clearly marked as "nonpotable" with a permanent label placed in a conspicuous location. (2) All discharge piping should be made of flexible, heavy-duty material that will be non…

17.35.105 PUMPING EQUIPMENT (1) Pumpout stations should meet the requirements of Department Circular DEQ-4, Subchapter 4.2, except where they conflict with this chapter. (2) Pumps should be of a macerator type or have sufficient size suction and discharge openings to prevent clog…

17.35.106 HOLDING TANK (1) Holding tanks should meet the requirements of Department Circular DEQ-4, Subchapter 8.1, except where they conflict with this chapter. (2) Vessel pumpout holding tanks should be sized to meet the requirements of Table 1 for the volume of sewage generate…

17.35.107 PORTABLE SANITATION DEVICES (1) Pumpout facilities designed to receive waste from portable marine sanitation devices should: (a) have a unit opening of a minimum of 12 inches in diameter; and (b) be equipped with a water tight cover that completely covers the receiving …

17.35.108 CONSTRUCTION (1) All discharge from a vessel pumpout facility should be directed to a holding tank meeting the requirements of this chapter with removal and disposal by a licensed septic hauler as defined in ARM Title 17, chapter 50, subchapter 8. (2) All collection sys…

17.35.109 OPERATION, MAINTENANCE, CERTIFICATION, AND AS-BUILTS (1) Operation and maintenance of vessel pumpout facilities should generally conform to the requirements in Department Circular DEQ-4, Appendix D, with the following additions: (a) for public facilities, hours of opera…

17.36.101 DEFINITIONS For purposes of subchapters 1, 3, 6, and 8, the following definitions apply: (1) "Accessory building" has the same meaning as defined in ARM 17.38.101(3)(a). (2) "Approved well drilling area" is an area or areas designated on a lot layout within which a well…

17.36.102 APPLICATION--GENERAL (1) To initiate review of an application under 76-4-114 or 76-4-134, MCA, a person must submit a complete application to the department. The application must be signed by all owners of record of the property or properties. In the application, the ow…

17.36.103 APPLICATION--CONTENTS (1) In addition to the completed application form required by ARM 17.36.102, the following information must be submitted to the reviewing authority as part of an application: (a) a fee calculation sheet, as provided by the department, and payment o…

17.36.104 APPLICATION--LOT LAYOUT DOCUMENT (1) The applicant shall provide lot layout documents for the subdivision application. At least one copy of the lot layout must be submitted with the subdivision application. Prior to final approval, four copies of the final lot layout mu…

17.36.105 SUBDIVISION AND PLATTING ACT EXCLUSIONS SUBJECT TO DEPARTMENT REVIEW IS REPEALED Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-125, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25…

17.36.106 REVIEW PROCEDURES--LOTS FILED WITH SANITARY RESTRICTIONS BEFORE 1973 (1) Subdivision lots recorded with sanitary restrictions prior to July 1, 1973, shall be reviewed in accordance with requirements set forth in this chapter. In cases where any requirements of this chap…