75-5-201. Rules authorized. (1) (a) The department shall, except as provided in 75-5-411 and subject to the provisions of 75-5-203, adopt rules for the administration of this chapter. (b) The department shall adopt rules that describe the location and the times of the year when suction dredging is permissible. These rules may be adopted only after consultation […]
75-5-202. Board hearings. The board shall hold hearings necessary for the proper administration of this chapter or, in the case of permit issuance hearings, delegate this function to the department. History: En. Sec. 6, Ch. 21, L. 1971; amd. Sec. 2, Ch. 506, L. 1973; amd. Sec. 62, Ch. 349, L. 1974; amd. Sec. 5, Ch. 455, […]
75-5-203. State regulations no more stringent than federal regulations or guidelines. (1) Except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement 75-5-301, 75-5-302, 75-5-303, or 75-5-310 that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. […]
75-5-204 through 75-5-210 reserved.
75-5-211. Department to administer chapter. (1) Except as otherwise provided, the department is responsible for administration of this chapter. (2) The department may use its personnel and those of the local departments of health as necessary to administer this chapter. History: En. Sec. 125, Ch. 197, L. 1967; amd. Sec. 4, Ch. 21, L. 1971; amd. Sec. 60, […]
75-5-212. Department research and information. (1) The department shall: (a) collect and furnish information relating to the prevention and control of water pollution; (b) conduct or encourage necessary research and demonstrations concerning water pollution; (c) encourage and provide for the use of appropriate new methods, materials, and models in evaluation, design, and construction as they relate to water quality. […]
75-5-213. Comprehensive plan for prevention and control of water pollution. The department shall advise, consult, and cooperate with other states, other state and federal agencies, affected groups, political subdivisions, and industries in the formulation of a comprehensive plan to prevent and control pollution. History: En. Sec. 7, Ch. 21, L. 1971; amd. Sec. 3, Ch. 506, L. […]
75-5-214. Pipeline reporting requirements. (1) By January 1, 2016, the department of environmental quality shall compile information in accordance with subsection (2) for all pipelines that intersect or cross a navigable river in Montana. (2) The compilation, at a minimum, should include to the extent the data is available from the federal government or another source: (a) standard […]
75-5-215 through 75-5-220 reserved.
75-5-221. Water pollution control advisory council — general. (1) The council provided for in 2-15-2107 shall select a presiding officer from among its members. The director of the department of environmental quality shall designate a member of the staff of the department to act as secretary to the council. The secretary shall keep records of all […]
75-5-222. State regulation for natural conditions. (1) The department may not apply a standard to a water body for water quality that is more stringent than the nonanthropogenic condition of the water body. For the parameters for which the applicable standards are more stringent than the nonanthropogenic condition, the standard is the nonanthropogenic condition of the […]
