Montana Administrative Code

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

17.30.653 E-2 CLASSIFICATION STANDARDS 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 for …

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

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

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

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

17.30.658 G-1 CLASSIFICATION STANDARDS (REPEALED) Authorizing statute(s): 75-5-301, MCA Implementing statute(s): 75-5-301, MCA History: NEW, 2003 MAR p. 1274, Eff. 6/27/03; AMD, 2006 MAR p. 528, Eff. 2/24/06;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 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 containe…

17.30.661 VARIANCE FROM STANDARD FOR WATER BODY CONDITIONS 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: the standard is more stringent than the quality of the receiv…

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

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

17.30.701 PURPOSE 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: determining which a…

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 The provisions of this subchapter apply to any activity of man resulting in a new or increased source which may cause degradation. Department review of proposals for new or increased sources will determine the…

17.30.706 INFORMATIONAL REQUIREMENTS FOR NONDEGRADATION SIGNIFICANCE/AUTHORIZATION REVIEW 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: determine for themselves, using the sta…

17.30.707 DEPARTMENT PROCEDURES FOR NONDEGRADATION REVIEW Upon a determination by the department that an application to degrade state waters required under this rule is complete, the department will prepare a preliminary decision either authorizing degradation or denying the appl…

17.30.708 DEPARTMENT PROCEDURES FOR ISSUING PRELIMINARY AND FINAL DECISIONS REGARDING AUTHORIZATIONS TO DEGRADE A preliminary decision to deny or authorize degradation must be accompanied by a statement of basis for the decision and, if applicable, a detailed statement of conditi…

17.30.715 CRITERIA FOR DETERMINING NONSIGNIFICANT CHANGES IN WATER QUALITY 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 hum…

17.30.716 CATEGORIES OF ACTIVITIES THAT CAUSE NONSIGNIFICANT CHANGES IN WATER QUALITY 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 water q…

17.30.717 IMPLEMENTATION OF WATER QUALITY PROTECTION PRACTICES 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 protection p…

17.30.718 CRITERIA FOR NUTRIENT REDUCTION FROM WASTEWATER TREATMENT SYSTEMS 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 treatment…

17.35.101 GENERAL Construction of vessel pumpout facilities at watercraft terminals located on or adjacent to state waters is encouraged by the Clean Vessel Act of 1992, which is contained in PL-92-587. Proper construction, operation, and maintenance of these facilities will prot…

17.35.102 LOCATION 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, chap…

17.35.103 DESIGN 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. Vessel pumpout stations should inclu…

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

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

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

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

17.35.108 CONSTRUCTION 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. All collection systems sho…

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

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

17.36.102 APPLICATION--GENERAL To initiate review of an applicationunder 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 owners …

17.36.103 APPLICATION--CONTENTS 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 fee calculation sheet, as provided by the department, and payment ofreview …

17.36.104 APPLICATION--LOT LAYOUT DOCUMENT The applicant shall provide lot layout documents for thesubdivision 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 must be…

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 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 chapter …

17.36.108 COMPLIANCE WITH LOCAL REQUIREMENTS The applicant shall provide the department with evidence as to whether non-public facilities for the supply of water and disposal of wastewater are in compliance with applicable laws and regulations of local government. The evidence mu…

17.36.110 CERTIFICATE OF APPROVAL Subject to the local certification requirements set out in (2), the reviewing authority shall issue a certificate of subdivision approval if: an applicant has submitted all of the information required by this chapter; the requirements of this cha…

17.36.1103 ENFORCEMENT PROCEDURES (transferred) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-109, MCA History: NEW, 1995 MAR p. 282, Eff. 2/10/95; TRANS, from DHES, 1996 MAR p. 1499; TRANS, 17.38.603, 1998 MAR p. 2754, Eff. 10/9/98.

17.36.1107 SUSPENDED PENALTIES (transferred) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-109, MCA History: NEW, 1995 MAR p. 282, Eff. 2/10/95; TRANS, from DHES, 1996 MAR p. 1499; TRANS, to 17.36.607, 1998 MAR p. 2754, Eff. 10/9/98.

17.36.111 MOBILE HOMES AND RECREATIONAL CAMPING VEHICLES IS REPEALED Rules 17.36.112 Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, 76-4-125, MCA History: NEW, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2145, Eff. 9/25/92; TRANS, from DHES, 1996 MA…

17.36.112 REVIEW OF PREVIOUSLY APPROVED FACILITIES: PROCEDURES A facility previously approved under Title 76, chapter 4, MCA, that is submitted for review under this chapter is not subject to review if the facility: is not proposed to be changed; is not affected by a proposed cha…

17.36.115 CERTIFICATION OF INDEPENDENT REVIEWERS AS THE REVIEWING AUTHORITY An engineer or sanitarian may be certified as an independent reviewer to review files under 76-4-104(4), MCA, subject to the requirements in this rule. An engineer or sanitarian must complete the followin…

17.36.116 CERTIFICATION OF LOCAL DEPARTMENT OR BOARD OF HEALTH AS THE REVIEWING AUTHORITY A local department or board of health, if it requests certification, must be certified as the reviewing authority within the scope of 76-4-104(3), MCA,if the following requirements are met a…

17.36.117 WATER SYSTEMS Plans for proposed subdivision facilities that include public water supply systems must be reviewed in accordance with the provisions of Title 75, chapter 6, MCA, and ARM Title 17, chapter 38, subchapter 1. Non-Public Water Systems must comply with Circula…

17.36.120 SOLID WASTES Solid wastes stored within the subdivision must be placed in adequate containers and removed at a frequency to prevent a nuisance. When removed from the subdivision, the solid wastes must be disposed of at a department-licensed site in accordance with ARM 1…

17.36.121 REQUIREMENTS FOR SYSTEMS DESIGNED BY PROFESSIONAL ENGINEERS The requirements in this rule apply to systems for which plans and specifications must be submitted to the department by a professional engineer under ARM 17.36.117(1) and (2), 17.36.310(2), or 17.36.320(2). Th…