Montana Administrative Code

17.38.228 ULTRAVIOLET TREATMENT FOR GROUNDWATER SOURCES (1) 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…

17.38.229 MICROBIAL TREATMENT (1) 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 s…

17.38.230 FLUORIDATION (1) 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…

17.38.231 SANITARY SURVEYS (1) 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 …

17.38.234 TESTING AND SAMPLING RECORDS AND REPORTING REQUIREMENTS (1) 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 qualit…

17.38.235 OPERATING RECORDS (REPEALED) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-103, MCA History: NEW, 1977 MAR p. 1187, Eff. 12/24/77; AMD, 1982 MAR p. 594, Eff.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 (1) The department adopts and incorporates by reference 40 CFR Part 141, subpart Q. This federal rule establishes public notification requirements for drinking water violations. (2) The department adopts and in…

17.38.244 VARIANCES AND EXEMPTIONS (1) The department adopts and incorporates by reference the following: (a) 40 CFR 141.4(a) , which sets forth general requirements for variances and exemptions; (b) 40 CFR Part 142, Subpart E, which sets forth requirements for variances, except …

17.38.248 SERVICE CONNECTION FEES (1) 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. (2) For purposes of this rule, an active servic…

17.38.249 CERTIFIED OPERATOR AND DESIGNATED CONTACT PERSON (1) 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. The certified operator shall perform…

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.

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 (1) 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 …

17.38.262 GRANT OF A VARIANCE OR EXEMPTION (1) 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 compli…

17.38.263 DENIAL OF A VARIANCE OR EXEMPTION (1) 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…

17.38.264 APPEAL OF A VARIANCE OR EXEMPTION TO THE BOARD (1) 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 pet…

17.38.265 EFFECTIVE DATE OF VARIANCE OR EXEMPTION (1) 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.…

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 (1) 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 a…

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: (1) "Approved backflow prevention assembly or device" means an assembly or device approved by the department.…

17.38.302 INCORPORATION BY REFERENCE (1) 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).…

17.38.305 CROSS-CONNECTIONS: REGULATORY REQUIREMENTS (1) 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 an…

17.38.310 VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS: APPLICATION REQUIREMENTS (1) 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. (2) The application must be …

17.38.311 VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS: PROCEDURE FOR REVIEW OF APPLICATIONS (1) 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.…

17.38.312 VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS: STANDARDS AND REQUIREMENTS FOR CROSS-CONNECTION CONTROL (1) The department shall approve a voluntary program for cross-connection control if: (a) the applicant has submitted an application that meets the requirements of ARM 1…

17.38.501 PURPOSE (1) 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…

17.38.502 DEFINITIONS (1) "Department" means the Department of Environmental Quality. (2) "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 conveyanc…

17.38.503 EQUIPMENT, SPECIFICATIONS AND OPERATION (1) 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. (2) W…

17.38.510 SANITIZING EQUIPMENT (1) Hauling equipment must be cleaned and sanitized: (a) before being used the first time and after a period of non-use. (b) after any portion of equipment has been dismantled or repaired. (c) after known errors in sanitary procedures by the operato…

17.38.511 WATER SUPPLY (1) Water to be hauled must be taken both from: (a) a department-approved community public water supply system; and (b) a department-approved water loading station that meets the requirements of Department Circular DEQ-1. (2) Water haulers shall collect bac…

17.38.512 FILLING POINTS (1) 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 t…

17.38.513 CHEMICAL TREATMENT OF WATER (1) 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 haulin…

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 (1) 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…

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.