Montana Administrative Code

17.36.911 SCOPE These rules are intended to protect the public health, safety, and welfare by setting forth minimum standards for the construction, alteration, repair, extension, and use of wastewater treatment systems within the state. Under 50-2-116, MCA, local boards of health…

17.36.912 DEFINITIONS For purposes of this subchapter, the following definitions apply: "Absorption bed" means an absorption system that consists of excavations greater than three feet in width where the distribution system is laid for the purpose of distributing pretreated waste…

17.36.913 GENERAL REQUIREMENTS No person may construct, alter, extend, or utilize a wastewater treatment or disposal system that may: contaminate any actual or potential drinking water supply; cause a public health hazard as a result of access to insects, rodents, or other possib…

17.36.914 WASTEWATER TREATMENT SYSTEMS - TECHNICAL REQUIREMENTS Except as provided in ARM 17.36.916, all wastewater treatment systems must be designed and constructed in accordance with the applicable requirements in ARM 17.36.913 and in Department Circular DEQ-4. Department Circ…

17.36.916 ABSORPTION BEDS, HOLDING TANKS, SEEPAGE PITS, PIT PRIVIES, CESSPOOLS - TECHNICAL REQUIREMENTS AND PROHIBITIONS The wastewater treatment systems described in (3) through (7) may be allowed only if the reviewing authority determines that: site constraints prevent the appl…

17.36.918 HORIZONTAL SETBACKS, FLOODPLAINS Minimum horizontal setback distances (in feet) are as follows: TABLE 1 SETBACK DISTANCES (in feet) From To Sealed components (1) and other components (2) To Absorption systems (3) Public or multiple-user drinking water wells/springs 100 …

17.36.919 GRAY WATER REUSE Except as provided in (2) and (3), treatment and disposal of gray water must be by means of a wastewater treatment system that meets all of the requirements of this subchapter and applicable department circulars. Gray water reuse within a building or re…

17.36.920 PERMITS The reviewing authority shall administer a permit system for the construction, alteration, repair, and extension of wastewater treatment and disposal systems. Permit applications must: identify the owner of the system, location of the system, and type of system …

17.36.922 LOCAL VARIANCES As provided in this rule, a local board of health, as defined in 50-2-101, MCA, may grant variances from the requirements in this subchapter and in Department Circular DEQ-4, except for requirements established by statute. The local board of health may g…

17.36.924 VARIANCE APPEALS TO THE DEPARTMENT Upon receiving an appeal of a local board of health's variance decision under 75-5-305, MCA, the department shall determine within 30 days whether the appeal meets the requirements of (2) and notify the appellant in writing of its dete…

17.38.101 PLANS FOR PUBLIC WATER SUPPLY OR PUBLIC SEWAGE SYSTEM For purposes of this rule, "delegated division of local government" means a local government that has been delegated authority pursuant to ARM 17.38.102 and 75-6-121, MCA, to review and approve plans and specificatio…

17.38.102 DELEGATION OF REVIEW OF SMALL PUBLIC WATER AND SEWAGE SYSTEM PLANS AND SPECIFICATIONS The departmentshall delegate to divisions of local government the review of plans and specifications for: small public water supply systems and small public sewage systems; and extensi…

17.38.103 PUBLIC WATER AND SEWAGE PROJECTS ELIGIBLE FOR CATEGORICAL EXCLUSION FROM MEPA REVIEW Except as provided in (2), a department action under this subchapter and under either Title 75, chapter 6, part 1 or Title 75, chapter 6, part 2, MCA, is excluded from the requirement t…

17.38.104 SIGNIFICANT DEFICIENCY For the purposes of this rule, "significant deficiency" means any defect in design, operation, or maintenance of a public water supply system or public sewage system, or a failure or malfunction of the system, that the department determines causes…

17.38.105 CROSS CONNECTIONS (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, MCA History: Eff. 12/31/72; AMD, 1992 MAR p. 2152, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; REP, 1998 MAR p. 958, Eff. 4/17/98.

17.38.106 FEES The purpose of this rule is to establish fee schedules to be used to calculate fees to be paid to the department for review of plans and specifications for public water supply and public sewage systems, as required under Title 75, chapter 6, part 1, MCA, and ARM 17…

17.38.201 PURPOSE The purpose of this subchapter is to assure the safety of public water supplies with respect to bacteriological, chemical, and radiological quality and to promote efficient operation of public water supply systems through control tests, laboratory analyses, oper…

17.38.201A INCORPORATION BY REFERENCE--PUBLICATION DATES AND AVAILABILITY OF REFERENCED DOCUMENTS Unless expressly provided otherwise, in this subchapter where the department has adopted and incorporated by reference a federal regulation, the reference is to the July 1, 2015, edi…

17.38.202 DEFINITIONS In this subchapter, the following terms have the meanings indicated below and must be used in conjunction with and supplemental to those definitions contained in 75-6-102, MCA. In addition, the department adopts and incorporates by reference the definitions …

17.38.203 MAXIMUM INORGANIC CHEMICAL CONTAMINANT LEVELS The department adopts and incorporates by reference: 40 CFR 141.6(j) and 141.6(k), which set forth effective dates associated with a revised maximum contaminant level for arsenic; 40 CFR 141.11 and 141.62(b), which set forth…

17.38.204 MAXIMUM ORGANIC CHEMICAL CONTAMINANT LEVELS The department adopts and incorporates by reference 40 CFR 141.61(a), 141.61(c), 141.64(a) and (a)(1), 141.64(b)(1)(i), and 141.64(b)(2)(i), which set forth maximum contaminant levels for synthetic organic contaminants, volati…

17.38.205 MAXIMUM TURBIDITY CONTAMINANT LEVELS The department adopts and incorporates by reference 40 CFR 141.13, 141.73, 141.173, 141.550, and 141.551, which set forth maximum contaminant levels for turbidity, except for the following changes: The terms "one turbidity unit" and …

17.38.206 MAXIMUM RADIOLOGICAL CONTAMINANT The department adopts and incorporates by reference 40 CFR 141.66(b), (c), (d), (e), and (f), which set forth maximum contaminant levels for radiological contaminants. Authorizing statute(s): 75-6-104, MCA Implementing statute(s): 75-6-1…

17.38.207 MAXIMUM MICROBIOLOGICAL CONTAMINANT LEVELS The department adopts and incorporates by reference 40 CFR 141.63(a), 141.63(b), 141.63(c), and 141.63(d), which set forth maximum contaminant levels for microbiological contaminants. Authorizing statute(s): 75-6-104, MCA Imple…

17.38.208 TREATMENT REQUIREMENTS The department adopts and incorporates by reference 40 CFR 141.70, which sets forth general surface water treatment requirements, with the following changes: 40 CFR 141.70(b)(1) is modified to read "It meets the requirements for avoiding filtratio…

17.38.209 GROUND WATER UNDER THE DIRECT INFLUENCE OF SURFACE WATER DETERMINATIONS The department adopts and incorporates by reference the Department of Environmental Quality Circular PWS-5, Ground Water Under the Direct Influence of Surface Water, 2022 edition, which sets forth t…

17.38.210 CONSECUTIVE SYSTEM COVERAGE As provided in this rule, a consecutive system that meets all of the conditions in (1)(a) through (e) may be excluded from the requirements of the National Primary Drinking Water Regulations, as described in 40 CFR Part 141. A consecutive sys…

17.38.211 GROUND WATER RULE The department adopts and incorporates by reference 40 CFR Part 141, subpart S, except for 40 CFR 141.402(a)(2)(iv), which sets forth the requirements to ensure that systems using ground water sources are adequately protected. Authorizing statute(s): 7…

17.38.212 INITIAL DISTRIBUTION SYSTEM EVALUATIONS The department adopts and incorporates by reference 40 CFR Part 141, subpart U, which sets forth the requirements for determining monitoring locations and other requirements for subpart V compliance monitoring. Authorizing statute…

17.38.213 STAGE 2 DISINFECTION BYPRODUCTS REQUIREMENTS The department adopts and incorporates by reference 40 CFR Part 141, subpart V, which sets forth the requirements for monitoring and other requirements for achieving compliance with maximum contaminant levels based on running…

17.38.214 ENHANCED TREATMENT FOR CRYPTOSPORIDIUM The department adopts and incorporates by reference 40 CFR Part 141, subpart W, which establishes or extends treatment technique requirements in lieu of maximum contaminant levels for cryptosporidium. Authorizing statute(s): 75-6-1…

17.38.215 BACTERIOLOGICAL QUALITY SAMPLES The total coliform monitoring frequency for all public water supply systems serving 1,000 or fewer people is one sample/month. The department adopts and incorporates by reference the table in 40 CFR 141.857(b), which sets forth total coli…

17.38.216 CHEMICAL AND RADIOLOGICAL QUALITY SAMPLES A supplier of water shall collect water samples taken from each entry point location serving a community and nontransient noncommunity public water supply system for analysis by an approved laboratory of the following inorganic …

17.38.217 SAMPLING AND REPORTING RESPONSIBILITY The supplier of a public water supply system is responsible for the proper collection of samples required in this subchapter for microbiological, inorganic, organic, and radiological analysis and submission of the samples to an appr…

17.38.218 VERIFICATION SAMPLES (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, MCA History: NEW, 1977 MAR p. 1187, Eff. 12/24/77; AMD, 1982 MAR p. 594, Eff. 3/26/82; AMD, 1991 MAR p. 1492, Eff. 8/16/91; AMD, 1994 MAR p. 2131, Eff. 8/12/94; TRAN…

17.38.219 SPECIAL SAMPLES Under special conditions, additional samples may be required by the department. Such samples may be to determine adequacy of disinfection following line installation, replacement, or repair. Samples may also be required for determination of adequacy of s…

17.38.225 CONTROL TESTS To determine compliance with treatment requirements of this subchapter, to judge variations in water quality, to identify objectionable water characteristics, and to detect the presence of foreign substances which may adversely affect the quality of the wa…

17.38.226 CONTROL TESTS--SURFACE SUPPLIES (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, MCA History: NEW, 1977 MAR p. 1187, Eff. 12/24/77; AMD, 1982 MAR p. 594, Eff. 3/26/82; AMD, 1991 MAR p. 1492, Eff. 8/16/91; AMD, 1994 MAR p. 2131, Eff. 8/…

17.38.227 SPECIAL CONTROL TESTS A special test may be required for a public water supply system exceeding the following amounts: ConstituentMaximum Amount Iron............................................0.30 mg/l Manganese..............................0.05 mg/l Chloride..........…

17.38.228 ULTRAVIOLET TREATMENT FOR GROUNDWATER SOURCES Systems that use ultraviolet (UV) treatment for any groundwater source must meet the requirements of this rule All UV treatment must be reviewed and approved by the department under the requirements of ARM 17.38.101. All sys…

17.38.229 MICROBIAL TREATMENT Full-time disinfection with chlorine, chlorine dioxide, chloramines, or a disinfectant that maintains a residual is mandatory where the source of water is from lakes, reservoirs, or streams, or ground water sources under the direct influence of surfa…

17.38.230 FLUORIDATION Where fluoridation is practiced, laboratory analysis must be made at least once daily of the water after fluoridation to assure an average fluoride content of not over 1.5 ppm in the finished water, using a control range from 0.9 ppm lower limits to 1.5 ppm…

17.38.231 SANITARY SURVEYS Public water supply systems must undergo an initial sanitary survey by June 29, 1994, for community systems and nontransient noncommunity systems, and by June 29, 1999, for transient noncommunity water systems. Thereafter, nontransient noncommunity and …

17.38.234 TESTING AND SAMPLING RECORDS AND REPORTING REQUIREMENTS To ensure the safety of water delivered to the consumers, it is essential that there be a record of laboratory examinations of the water sufficient to show it is safe with respect to both bacteriological quality an…

17.38.235 OPERATING RECORDS (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, MCA History: NEW, 1977 MAR p. 1187, Eff. 12/24/77; AMD, 1982 MAR p. 594, Eff. 3/26/82; AMD, 1991 MAR p. 1492, Eff. 8/16/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 199…

17.38.239 PUBLIC NOTIFICATION FOR COMMUNITY AND NONCOMMUNITY SUPPLIES The department adopts and incorporates by reference 40 CFR Part 141, subpart Q, which sets forth public notification requirements for drinking water violations. The department adopts and incorporates by referen…

17.38.244 VARIANCES AND EXEMPTIONS The department adopts and incorporates by reference the following: 40 CFR 141.4(a) , which sets forth general requirements for variances and exemptions; 40 CFR Part 142, Subpart E, which sets forth requirements for variances, except that the dep…

17.38.248 SERVICE CONNECTION FEES A public water supplier shall pay to the department an annual fee for each state fiscal year. The annual fee must be postmarked or delivered to the department no later than March 1 of each year. For purposes of this rule, an active service connec…

17.38.249 CERTIFIED OPERATOR AND DESIGNATED CONTACT PERSON The owner of a community or nontransient noncommunity public water supply or wastewater treatment system shall retain a certified operator, as defined in Title 37, chapter 42, MCA, to perform monitoring and reporting in a…

17.38.255 VARIANCE "A" (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, 75-6-107, MCA History: NEW, 1982 MAR p. 595, Eff. 3/26/82; AMD, 1991 MAR p. 1492, Eff. 8/16/91; TRANS, from DHES, 1996 MAR p. 1499; REP, 2000 MAR p. 3400, Eff. 12/8/00.