Montana Administrative Code

17.38.256 VARIANCE "B" (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, 75-6-107, MCA History: NEW, 1982 MAR p. 595, Eff. 3/26/82; AMD, 1991 MAR p. 1492,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; AMD, 1994 MAR p. 2131, Eff. 8/12/94; TRANS, from DHES, 1996 MAR p. 1499; AMD,…

17.38.257 EXEMPTIONS (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, 75-6-107, MCA History: NEW, 1982 MAR p. 595, Eff. 3/26/82; AMD, 1991 MAR p. 1492,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.

17.38.258 COMPLIANCE PLAN--GENERAL (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, 75-6-107, MCA History: NEW, 1982 MAR p. 595, Eff. 3/26/82; TRANS, from DHES, 1996 MAR p. 1499; REP, 2000 MAR p. 3400, Eff. 12/8/00.

17.38.259 COMPLIANCE PLAN--VARIANCES (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, 75-6-107, MCA History: NEW, 1982 MAR p. 595, Eff. 3/26/82; TRANS, from DHES, 1996 MAR p. 1499; REP, 2000 MAR p. 3400, Eff. 12/8/00.

17.38.260 COMPLIANCE PLAN--EXEMPTIONS (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, 75-6-107, MCA History: NEW, 1982 MAR p. 595, Eff. 3/26/82; AMD, 1991 MAR p. 2617, Eff. 12/27/91; TRANS, from DHES, 1996 MAR p. 1499; REP, 2000 MAR p. 3400, Ef…

17.38.261 APPLICATION FOR VARIANCE OR EXEMPTION A supplier of water may apply for a variance or exemption by completing an application form provided by the department. The department will not commence review of an application for a variance or exemption until the application form…

17.38.262 GRANT OF A VARIANCE OR EXEMPTION At a public hearing held pursuant to ARM 17.38.244, a presiding officer shall accept information, comments and data from persons relevant to the terms proposed by the department for a variance or exemption and its accompanying compliance…

17.38.263 DENIAL OF A VARIANCE OR EXEMPTION If the department decides to deny an application for a variance or exemption, the department shall notify the applicant of its decision in writing. The notice must include a statement of reasons for the denial. Authorizing statute(s): 7…

17.38.264 APPEAL OF A VARIANCE OR EXEMPTION TO THE BOARD When the department decides to grant, deny, modify or revoke a variance or exemption, a person aggrieved by the department's decision may appeal the department's decision to the board if the person aggrieved files a petitio…

17.38.265 EFFECTIVE DATE OF VARIANCE OR EXEMPTION A variance or exemption becomes effective 15 days after the department renders its decision if no petition of appeal has been filed with the board within those 15 days. The filing of a petition of appeal as required by ARM 17.38.2…

17.38.270 ADOPTION AND INCORPORATION BY REFERENCE (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, MCA History: NEW, 1991 MAR p. 1492, Eff. 8/16/91; AMD, 1994 MAR p. 2131, Eff. 8/12/94; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1998 MAR p. 1167, …

17.38.271 DEPARTMENT RECORDKEEPING The department shall maintain records regarding its public water supply program and make reports to the U.S. Environmental Protection Agency concerning its program in a manner that is consistent with requirements set forth in 40 CFR 142.14 and 1…

17.38.301 DEFINITIONS For the purposes of this subchapter, unless the context requires otherwise, the following definitions, in addition to those in 75-6-102, MCA, apply: "Approved backflow prevention assembly or device" means an assembly or device approved by the department. "Ba…

17.38.302 INCORPORATION BY REFERENCE The department adopts and incorporates by reference the "Manual of Cross-Connection Control" (10th edition), published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California (October 2009). Thi…

17.38.305 CROSS-CONNECTIONS: REGULATORY REQUIREMENTS A cross-connection on a public water supply system must be eliminated by the disconnection of the cross-connection whenever reasonably practicable. Whenever elimination of a cross-connection is not reasonably practicable and th…

17.38.310 VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS: APPLICATION REQUIREMENTS To obtain approval of a voluntary cross-connection control program, an owner or operator of a public water supply system shall file an application with the department. The application must be accompan…

17.38.311 VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS: PROCEDURE FOR REVIEW OF APPLICATIONS Upon receipt of an application for a voluntary cross-connection control program, the department shall review the application within 60 days to determine if the application is complete. If …

17.38.312 VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS: STANDARDS AND REQUIREMENTS FOR CROSS-CONNECTION CONTROL The department shall approve a voluntary program for cross-connection control if: the applicant has submitted an application that meets the requirements of ARM 17.38.310…

17.38.501 PURPOSE The purpose of this subchapter is to assure the safety and purity of water hauled from a public water supply source to fill cisterns or other reservoirs to provide water for human consumption. Authorizing statute(s): 75-6-104, MCA Implementing statute(s): 75-6-1…

17.38.502 DEFINITIONS "Department" means the Department of Environmental Quality. "Water hauler" is a water supplier that is a public water supply system, as defined in 75-6-102, MCA, and that is engaged in the business of transporting water, through a non-piped conveyance, from …

17.38.503 EQUIPMENT, SPECIFICATIONS AND OPERATION Equipment used for the conveying and hauling of water must have water contact surfaces that are made of non-corrodible and non-toxic materials. All interior coatings, platings, or paints shall be free of toxic materials. Water-con…

17.38.510 SANITIZING EQUIPMENT Hauling equipment must be cleaned and sanitized: before being used the first time and after a period of non-use. after any portion of equipment has been dismantled or repaired. after known errors in sanitary procedures by the operators have occurred…

17.38.511 WATER SUPPLY Water to be hauled must be taken from a department-approved community public water supply system and from a department-approved water loading station that meets the requirements of Department Circular DEQ-1. Water haulers shall collect bacteriological sampl…

17.38.512 FILLING POINTS Filling points must be constructed in order to protect against contamination of the filling pipe or hose when not in use. They must also be protected during the tank filling operation to prevent contamination of either the water being piped into the tank …

17.38.513 CHEMICAL TREATMENT OF WATER Except as provided in (3), water haulers shall dose each load of water with enough chlorine to provide a free chlorine or total chlorine residual of at least 0.4 parts per million (ppm), not to exceed 4.0 ppm, at the time the water hauling eq…

17.38.601 PURPOSE (REPEALED) 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, from 17.36.1101, 1998 MAR p. 2754, Eff. 10/9/98; REP, 2016 MAR p. 517, Eff. 3/19/16.…

17.38.602 DEFINITIONS (REPEALED) 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, from 17.36.1102, 1998 MAR p. 2754, Eff. 10/9/98; AMD, 2003 MAR p. 2291, Eff. 10/17…

17.38.603 ENFORCEMENT PROCEDURES (REPEALED) 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, from 17.36.1103, 1998 MAR p. 2754, Eff. 10/9/98; AMD, 2003 MAR p. 2291,…

17.38.606 ADMINISTRATIVE PENALTIES (REPEALED) 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, from 17.36.1106, 1998 MAR p. 2754, Eff. 10/9/98; AMD, 2000 MAR p. 269…

17.38.607 SUSPENDED PENALTIES (REPEALED) 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, from 17.36.1107, 1998 MAR p. 2754, Eff. 10/9/98; REP, 2016 MAR p. 517, Eff…

17.38.701 LICENSES--PRIVATE WATER SUPPLIES (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, 75-6-112, MCA History: Eff. 12/31/72; TRANS, from DHES, 1996 MAR p. 1499; REP, 2009 MAR p. 1794, Eff. 10/16/09.

17.38.702 DISPOSAL OF EXCREMENT (REPEALED) Authorizing statute(s): 75-6-103, 75-6-112, MCA Implementing statute(s): 75-6-103, 75-6-112, MCA History: Eff. 12/31/72; TRANS, from DHES, 1996 MAR p. 1499; REP, 2009 MAR p. 1794, Eff. 10/16/09.

17.38.703 BARNYARDS AND STOCKPENS (REPEALED) Authorizing statute(s): 75-6-103, 75-6-112, MCA Implementing statute(s): 75-6-113, MCA History: Eff. 12/31/72; TRANS, from DHES, 1996 MAR p. 1499; REP, 2009 MAR p. 1794, Eff. 10/16/09.

17.4.101 MODEL RULES The Department of Environmental Quality adopts and incorporates the Attorney General's Organizational and Procedural Rules, ARM 1.3.201, 1.3.202, 1.3.211 through 1.3.224, and 1.3.226 through 1.3.233, effective August 15, 2008, and the Secretary of State's Mod…

17.4.102 PROCEDURES FOR COMPLIANCE WITH MEPA (REPEALED) Authorizing statute(s): 2-4-201, 75-1-202, MCA Implementing statute(s): 75-1-201 through 75-1-205, MCA History: NEW, 1982 MAR p. 384, Eff. 2/26/82; TRANS, from DHES, 1996 MAR p. 1497; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.4.201 WATER POLLUTION RULES (REPEALED) Authorizing statute(s): 2-4-201, 2-4-202, MCA Implementing statute(s): 75-5-307, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; TRANS, from DHES, 1996 MAR p. 1497; REP, 2016 MAR p. 517, Eff. 3/19/16.

17.4.202 OCCUPATIONAL HEALTH RULES (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, 2-4-202, MCA Implementing statute(s): 50-70-111, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; TRANS, from DHES, 1996 MAR p. 1497; REP, 2025 MAR, 17-449, Eff. 1/11/25.

17.4.301 PURPOSE This subchapter implements 75-1-1001 and 82-4-1001, MCA, which provide factors for calculating penalties assessed under: Title 75, chapters 2, 5, 6, 11 and 20, MCA; Title 75, chapter 10, parts 2, 4, 5 and 12, MCA; Title 76, chapter 4, MCA; and Title 82, chapter 4…

17.4.302 DEFINITIONS The following definitions apply throughout this subchapter: "Circumstances" means a violator's culpability associated with a violation. "Continuing violation" means a violation that involves an ongoing unlawful activity or an ongoing failure to comply with a …

17.4.303 BASE PENALTY As provided in this rule, the department shall calculate the base penalty by multiplying the maximum penalty amount authorized by statute by a factor from the appropriate base penalty matrix in (2) or (3). In order to select a matrix from (2) or (3), the nat…

17.4.304 ADJUSTED BASE PENALTY - CIRCUMSTANCES, GOOD FAITH AND COOPERATION, AMOUNTS VOLUNTARILY EXPENDED As provided in this rule, the department may consider circumstances, good faith and cooperation, and amounts voluntarily expended to calculate an adjusted base penalty. Circum…

17.4.305 TOTAL ADJUSTED PENALTY - DAYS OF VIOLATION The department may consider each day of each violation as a separate violation subject to penalties. The department may multiply the adjusted base penalty calculated under ARM 17.4.304 by the number of days of violation to obtai…

17.4.306 TOTAL PENALTY - HISTORY OF VIOLATION As provided in this rule, the department may increase the total adjusted penalty based upon the violator's history of violation. Any penalty increases for history of violation must be added to the total adjusted penalty calculated und…

17.4.307 ECONOMIC BENEFIT The department may increase the total adjusted penalty, as calculated under ARM 17.4.305, by an amount based upon the violator's economic benefit. The department shall base any penalty increase for economic benefit on the department's estimate of the cos…

17.4.308 OTHER MATTERS AS JUSTICE MAY REQUIRE The department may consider other matters as justice may require to increase or decrease the total penalty. Authorizing statute(s): 75-2-111, 75-2-112, 75-2-503, 75-5-201, 75-6-104, 75-10-204, 75-10-405, 75-10-503, 75-10-1202, 75-11-2…

17.4.501 OPPORTUNITY FOR PUBLIC COMMENT AFTER APPLICATION RECEIVED (REPEALED) Authorizing statute(s): 75-2-111, 75-5-201, 75-20-105, MCA Implementing statute(s): 75-20-216(3), MCA History: NEW, 1980 MAR p. 3114, Eff. 12/27/80; AMD, 1981 MAR p. 1100, Eff. 10/1/81; TRANS, from DHES…

17.4.502 PUBLIC HEARING AFTER PRELIMINARY DECISION (REPEALED) Authorizing statute(s): 75-2-111, 75-5-201, 75-20-105, MCA Implementing statute(s): 75-20-216(3), 75-20-231, MCA History: NEW, 1980 MAR p. 3114, Eff. 12/27/80; AMD, 1981 MAR p. 1100, Eff. 10/1/81; TRANS, from DHES, 199…

17.4.601 POLICY The purpose of these rules is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) , through the establishment of administrative procedures. In order to fulfill the stated policy of that act, the department of environmental quality sh…

17.4.602 POLICY STATEMENT CONCERNING MEPA RULES The purpose of these rules is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) , through the establishment of administrative procedures. MEPA requires that state agencies comply with its terms "to t…

17.4.603 DEFINITIONS "Action" means a project, program or activity directly undertaken by the agency; a project or activity supported through a contract, grant, subsidy, loan or other form of funding assistance from the agency, either singly or in combination with 1 or more other…