Montana Administrative Code

17.40.202 CLASSIFICATION OF SYSTEMS (1) For operators certified prior to January 1, 2016, all water supply systems and wastewater systems are classified according to population served or type of treatment as shown below: (a) Water distribution systems: (i) Class 1--serving more t…

17.40.203 CERTIFICATION OF OPERATORS (1) Certification must be granted to an applicant under the grandfather clause (37-42-303(2), MCA) if the applicant submits a statement from the governing board or owner of a water supply system or wastewater system stating the applicant was i…

17.40.206 EXAMINATIONS (1) A person desiring to take the examination for certification as a water supply or wastewater treatment system operator must complete the department's application form and return it to the department at least 30 days before the date of the examination. Th…

17.40.207 EXPERIENCE AND EDUCATION (1) An operator certified after June 30, 1991, must have graduated from high school or hold a GED certificate, unless the applicant submits a written application for a special exception from this requirement and the department grants the excepti…

17.40.208 CERTIFIED OPERATOR IN CHARGE OF SYSTEM; EXCEPTIONS (1) Every water or wastewater treatment system must have an individual in responsible charge at the system site or on call at all times who can respond in a timely manner to threats to public or environmental health. (2…

17.40.212 FEES (1) An applicant for certification shall pay to the department: (a) for any classification level of water distribution or water treatment system, an application fee of $70, the payment of which entitles the applicant to take examinations for 12 months from the date…

17.40.213 CONTINUING EDUCATION REQUIREMENTS (1) Each fully-certified operator and certified operator-in-training (hereafter collectively called "certified operators") shall earn a continuing education credit or credits, as specified in this rule, during each two-year period comme…

17.40.214 DISCIPLINARY ACTIONS--DESCRIPTION OF GROUNDS-- PROCEDURES FOR REVOCATION OR SUSPENSION OF CERTIFICATE, AND REPRIMAND OF CERTIFIED OPERATOR (1) The department may issue a written order imposing any of the disciplinary actions in (2) if the department determines that, as …

17.40.215 APPROVED TRAINING PROVIDERS (1) To be approved as a training provider, the provider must first apply to the department for approval and demonstrate in writing, using the department's form, that: (a) training is one of the provider's principal programs; (b) the provider …

17.40.301 PURPOSE (1) The purpose of this subchapter is to implement the Water Pollution Control State Revolving Fund Act pursuant to Title 75, chapter 5, part 11, MCA, and sections 601 through 607 of the Federal Water Pollution Control Act, 33 USC 1381 through 1387, as amended. …

17.40.302 DEFINITIONS In this subchapter, the following terms have the meanings indicated below, certain of which are supplemental to the definitions contained in 75-5-103 and 75-5-1102, MCA, and sections 601 through 607 of the Federal Water Pollution Control Act, 33 USC 1251 thr…

17.40.303 USE OF THE FUND--ELIGIBLE ACTIVITIES FOR FUND ASSISTANCE (1) The department shall administer the program in accordance with the federal Act, the Act, the trust indenture regarding the program, and these rules. If there is a conflict among the Act, the trust indenture, o…

17.40.308 TYPES OF FINANCIAL ASSISTANCE (1) The department or the department of natural resources and conservation may provide financial assistance from the revolving fund by: (a) making a loan for the costs of eligible water pollution control projects, subject to the following r…

17.40.309 CRITERIA FOR FINANCIAL ASSISTANCE TO MUNICIPALITIES (1) To be eligible for financial assistance from the revolving fund, a municipality must: (a) meet financial capability requirements set by the department of natural resources and conservation for the proposed project …

17.40.310 CRITERIA FOR LOANS TO PRIVATE PERSONS (1) A private person is eligible for a loan from the fund if the person's project proposal meets the following criteria: (a) the project is consistent with the nonpoint source management plan and has qualified as a nonpoint source p…

17.40.311 APPLICATION PROCEDURES (1) A complete application package may be submitted to the department at any time. The department shall consider applications in the order received. If the department determines, in its sole discretion, that it lacks sufficient time to consider an…

17.40.315 PROJECT PRIORITY LIST (1) The project priority list is established for rating and ranking possible projects for fund assistance. (2) The department shall list all potential eligible projects on the project priority list, including projects proposed by project applicants…

17.40.316 INTENDED USE PLAN--RANKING FOR FUNDING PURPOSES (1) The department shall prepare an intended use plan (IUP) annually. (2) A project selected for funding is subject to denial by the department of natural resources and conservation based on its review for financial capabi…

17.40.317 PUBLIC PARTICIPATION (1) The project priority rating and ranking system, project priority list, and intended use plan are subject to full public scrutiny. Each year the department shall mail the draft priority list to the program's list of interested persons as defined …

17.40.318 STATE REVOLVING FUND PROJECTS ELIGIBLE FOR CATEGORICAL EXCLUSION FROM MEPA REVIEW (1) Except as provided in (2), a department action under Title 75, chapter 5, part 11, MCA, and this subchapter is excluded from the requirement to prepare an environmental assessment (EA)…

17.50.1001 GENERAL PROVISIONS (1) All applicants, licensees, owners, and operators of solid waste management systems and facilities shall comply with this subchapter, except as otherwise specifically provided in this subchapter. Wherever there is a requirement imposed on an owner…

17.50.1002 DEFINITIONS In this subchapter, the following definitions apply: (1) "100-year flood" means a flood that has a one percent or greater chance of recurring in any given year or a flood of a magnitude equalled or exceeded once in 100 years on the average over a significan…

17.50.1003 AIRPORT SAFETY (1) The owner or operator of a new or existing Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, that is located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 fee…

17.50.1004 FLOODPLAINS (1) The owner or operator of a new or existing Class II or Class IV landfill unit, or a lateral expansion of an existing Class II or Class IV landfill unit, located in a 100-year floodplain shall submit for department approval a demonstration that the unit …

17.50.1005 WETLANDS (1) A new Class II or Class IV landfill unit, or a lateral expansion of an existing Class II or Class IV landfill unit, may not be located in wetlands, unless the owner or operator submits to the department for approval the following demonstrations: (a) when a…

17.50.1006 FAULT AREAS (1) A new Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, may not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time unless the owner or operator submits to the department for a…

17.50.1007 SEISMIC AREAS (1) A new Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, may not be located in a seismic impact zone, unless the owner or operator submits to the department for approval a report prepared by a Montana licensed profes…

17.50.1008 UNSTABLE AREAS (1) An applicant for a license for a new Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, located in an unstable area shall submit to the department for approval, with the application, a report prepared by a Montana l…

17.50.1009 LOCATION RESTRICTIONS (1) The owner or operator of a landfill facility shall comply with the following general locational requirements: (a) a sufficient amount of land must be available to satisfy the approved design, operation, and capacity of any solid waste manageme…

17.50.101 DEFINITIONS (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; AMD, 1981 MAR p. 1101, Eff. 10/1/81; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.102 PRE-APPLICATION CONFERENCE (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.103 GENERAL APPLICATION REQUIREMENTS (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; AMD, 1981 MAR p. 1101, Eff. 10/1/81; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2…

17.50.104 FRONT-END PLANNING FUNDS--GRANT APPLICATION AND CRITERIA FOR REVIEW (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; AMD, 1981 MAR p. 1101, Eff. 10/1/81; TRANS, from DHES, 1995 MAR p.…

17.50.105 FRONT-END IMPLEMENTATION FUNDS -- GRANT APPLICATION (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; AMD, 1981 MAR p. 1101, Eff. 10/1/81; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024…

17.50.110 LOAN--ELIGIBILITY REQUIREMENTS (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.1101 GENERAL PROVISIONS (1) All applicants, licensees, owners, and operators of solid waste management systems and facilities shall comply with this subchapter, except as otherwise specifically provided in this subchapter. Wherever there is a requirement imposed on an owner…

17.50.1102 DEFINITIONS In this subchapter, the following definitions apply: (1) "Active life" has the meaning given in ARM 17.50.502. (2) "Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance wit…

17.50.1103 PROCEDURES FOR EXCLUDING THE RECEIPT OF HAZARDOUS WASTE (1) The owner or operator of a Class II landfill unit shall implement a program at the facility for detecting and preventing the disposal of regulated hazardous waste, as defined in 40 CFR Part 261 and polychlorin…

17.50.1104 COVER MATERIAL REQUIREMENTS (1) Except as provided in (2), the owner or operator of a Class II landfill unit shall cover disposed solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control di…

17.50.1105 DISEASE VECTOR CONTROL (1) The owner or operator of a Class II landfill unit shall prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and the environment. Authorizing statute(s): 75-10-204, MCA Impl…

17.50.1106 EXPLOSIVE GASES CONTROL (1) The owner or operator of a Class II landfill unit shall ensure that: (a) the concentration of methane gas generated by the facility does not exceed 25 percent of the lower explosive limit for methane in facility structures, excluding gas con…

17.50.1107 AIR CRITERIA (1) The owner or operator of a Class II landfill unit shall ensure that the unit does not violate any applicable requirements developed under a State Implementation Plan (SIP) approved or promulgated by the EPA Regional Administrator pursuant to section 11…

17.50.1108 ACCESS REQUIREMENTS (1) The owner or operator of a Class II landfill unit shall control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes, by using artificial barriers, natural barriers, or both, as appropriate to protect human heal…

17.50.1109 RUN-ON AND RUN-OFF CONTROL SYSTEMS (1) The owner or operator of a Class II landfill unit shall design, construct, and maintain: (a) a run-on control system to prevent flow onto the active portion of the landfill during the peak discharge from a 25-year storm; and (b) a…

17.50.111 LOAN APPLICATION (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.1110 SURFACE WATER REQUIREMENTS (1) A Class II landfill unit may not: (a) cause a discharge of a pollutant into state waters, including wetlands, that violates any requirement of the Montana Water Quality Act including, but not limited to, the Montana pollutant discharge el…

17.50.1111 LIQUIDS RESTRICTIONS (1) Bulk or noncontainerized liquid waste may not be placed in a Class II landfill unit unless: (a) the waste is household waste other than septic waste; or (b) the waste is leachate or gas condensate derived from the Class II landfill unit and the…