Montana Administrative Code

17.36.611 SUBDIVISIONS EXEMPT FROM MEPA REVIEW (1) A department action under this subchapter is exempt from conducting an environmental review under Title 75, chapter1, parts 1 and 2, MCA, if the subdivision meets the criteria in 76-4-136, MCA. (2) To qualify for this exemption, …

17.36.801 PURPOSE (1) The purpose of this subchapter is to establish a schedule of fees to be paid to the department for the local and state review of subdivision applications. The schedule consists of three sections relating to the collection of fees for the review of: (a) divis…

17.36.802 FEE SCHEDULES (1) An applicant for approval under this subchapter shall pay the following fees: (a) type of lots: (i) subdivision lot or parcel or townhouse $ 160 (ii) condominium/trailer court/recreational camping vehicle campground unit or space $ 60 (iii) resubmittal…

17.36.804 DISPOSITION OF FEES (1) The department shall use the fees collected pursuant to ARM 17.36.802 to fund the following functions: (a) review performed pursuant to subchapter 1 to determine whether: (i) the application complies with subchapter 3; (ii) to grant a waiver or d…

17.36.805 CHANGES IN SUBDIVISION (1) If, during the review process, or after approval, an applicant proposes to change the water supply system, wastewater treatment system, storm water drainage plan, or solid waste disposal plan of a subdivision or if such changes are necessitate…

17.36.901 SCOPE IS REPEALED Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.902 GENERAL REQUIREMENTS IS REPEALED Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2000 MAR p. 3398, Eff. 12/8/00; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.903 DEFINITIONS IS REPEALED Authorizing statute(s): 75-5-201, MCA Implementing statute(s): Sec. 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2000 MAR p. 3398, Eff. 12/8/00; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.907 TECHNICAL REQUIREMENTS IS REPEALED Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2000 MAR p. 3398, Eff. 12/8/00; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.909 VARIANCE APPEALS TO THE DEPARTMENT IS REPEALED Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.910 LOCAL VARIANCES IS REPEALED SUBSURFACE WASTEWATER TREATMENT Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.911 SCOPE (1) 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. (2) Under 50-2-116, MCA, local boards o…

17.36.912 DEFINITIONS For purposes of this subchapter, the following definitions apply: (1) "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 w…

17.36.913 GENERAL REQUIREMENTS (1) No person may construct, alter, extend, or utilize a wastewater treatment or disposal system that may: (a) contaminate any actual or potential drinking water supply; (b) cause a public health hazard as a result of access to insects, rodents, or …

17.36.914 WASTEWATER TREATMENT SYSTEMS - TECHNICAL REQUIREMENTS (1) 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. (2) Departm…

17.36.916 ABSORPTION BEDS, HOLDING TANKS, SEEPAGE PITS, PIT PRIVIES, CESSPOOLS - TECHNICAL REQUIREMENTS AND PROHIBITIONS (1) The wastewater treatment systems described in (3) through (7) may be allowed only if the reviewing authority determines that: (a) site constraints prevent …

17.36.918 HORIZONTAL SETBACKS, FLOODPLAINS (1) 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 …

17.36.919 GRAY WATER REUSE (1) 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 o…

17.36.920 PERMITS (1) The reviewing authority shall administer a permit system for the construction, alteration, repair, and extension of wastewater treatment and disposal systems. (2) Permit applications must: (a) identify the owner of the system, location of the system, and typ…

17.36.922 LOCAL VARIANCES (1) 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. (2) The local board of heal…

17.36.924 VARIANCE APPEALS TO THE DEPARTMENT (1) 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 …

17.38.101 PLANS FOR PUBLIC WATER SUPPLY OR PUBLIC SEWAGE SYSTEM (1) 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 specific…

17.38.102 DELEGATION OF REVIEW OF SMALL PUBLIC WATER AND SEWAGE SYSTEM PLANS AND SPECIFICATIONS (1) The department shall delegate to divisions of local government the review of plans and specifications for: (a) small public water supply systems and small public sewage systems; an…

17.38.103 PUBLIC WATER AND SEWAGE PROJECTS ELIGIBLE FOR CATEGORICAL EXCLUSION FROM MEPA REVIEW (1) 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 requireme…

17.38.104 SIGNIFICANT DEFICIENCY (1) For the purposes of this rule, "significant deficiency" means: (a) any defect in design, operation, or maintenance of a public water supply system or public sewage system; (b) a failure or malfunction of the system, that the department determi…

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 (1) 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 AR…

17.38.201 PURPOSE (1) The purpose of this subchapter is: (a) to ensure the safety of public water supplies with respect to bacteriological, chemical, and radiological quality; and (b) to promote efficient operation of public water supply systems through control tests, laboratory …

17.38.201A INCORPORATION BY REFERENCE--PUBLICATION DATES AND AVAILABILITY OF REFERENCED DOCUMENTS (1) 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,…

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

17.38.204 MAXIMUM ORGANIC CHEMICAL CONTAMINANT LEVELS (1) 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). These federal rules establish maximum contaminant levels for synthetic organic co…

17.38.205 MAXIMUM TURBIDITY CONTAMINANT LEVELS (1) 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: (a) The terms "one turbidity un…

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

17.38.207 MAXIMUM MICROBIOLOGICAL CONTAMINANT LEVELS (1) The department adopts and incorporates by reference 40 CFR 141.63(a), 141.63(b), 141.63(c), and 141.63(d). These federal rules establish maximum contaminant levels for microbiological contaminants. Authorizing statute(s): 7…

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

17.38.209 GROUND WATER UNDER THE DIRECT INFLUENCE OF SURFACE WATER DETERMINATIONS (1) 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. This circular …

17.38.210 CONSECUTIVE SYSTEM COVERAGE (1) 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…

17.38.211 GROUND WATER RULE (1) The department adopts and incorporates by reference 40 CFR Part 141, subpart S, except for 40 CFR 141.402(a)(2)(iv). This federal rule establishes the requirements to ensure that systems using ground water sources are adequately protected. Authoriz…

17.38.212 INITIAL DISTRIBUTION SYSTEM EVALUATIONS (1) The department adopts and incorporates by reference 40 CFR Part 141, subpart U. This federal rule establishes the requirements for determining monitoring locations and other requirements for subpart V compliance monitoring. Au…

17.38.213 STAGE 2 DISINFECTION BYPRODUCTS REQUIREMENTS (1) The department adopts and incorporates by reference 40 CFR Part 141, subpart V. This federal rule establishes the requirements for monitoring and complying with maximum contaminant levels based on running annual averages …

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

17.38.215 BACTERIOLOGICAL QUALITY SAMPLES (1) The total coliform monitoring frequency for all public water supply systems serving 1,000 or fewer people is one sample/month. (2) The department adopts and incorporates by reference the table in 40 CFR 141.857(b), which sets forth to…

17.38.216 CHEMICAL AND RADIOLOGICAL QUALITY SAMPLES (1) 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 inorga…

17.38.217 SAMPLING AND REPORTING RESPONSIBILITY (1) 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 …

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 (1) 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 …