75-5-301. Classification and standards for state waters. Consistent with the provisions of 80-15-201 and this chapter, the department shall: (1) establish the classification of all state waters in accordance with their present and future most beneficial uses, creating an appropriate classification for streams that, due to sporadic flow, do not support an aquatic ecosystem that includes salmonid […]
75-5-302. Revising classifications in accordance with existing, present, and future most beneficial uses of water bodies. When the department is presented with facts indicating that a body of water is not properly classified in accordance with its existing, present, and future most beneficial uses, the department shall, within 90 days, evaluate the facts. If the department […]
75-5-303. Nondegradation policy. (1) Existing uses of state waters and the level of water quality necessary to protect those uses must be maintained and protected. (2) Unless authorized by the department under subsection (3) or exempted from review under 75-5-317, the quality of high-quality waters must be maintained. (3) The department may not authorize degradation of high-quality waters […]
75-5-304. Adoption of standards — pretreatment, effluent, performance. (1) The department shall: (a) adopt pretreatment standards for wastewater discharged into a municipal disposal system; (b) adopt effluent standards as defined in 75-5-103; (c) adopt toxic effluent standards and prohibitions; (d) establish standards of performance for new point source discharges; and (e) adopt rules necessary to ensure the primacy of the department […]
75-5-305. Adoption of requirements for treatment of wastes — variance procedure — appeals. (1) The department may establish minimum requirements for the treatment of wastes. For cases in which the federal government has adopted technology-based treatment requirements for a particular industry or activity in 40 CFR, chapter I, subchapter N, the department shall adopt those requirements […]
75-5-306. Purer than natural unnecessary — dams — definition. (1) It is not necessary that wastes be treated to a purer condition than the natural condition of the receiving stream as long as the minimum treatment requirements established under this chapter are met. (2) ”Natural” refers to conditions or material present from runoff or percolation over which […]
75-5-307. Hearings required for classification, formulation of standards, and rulemaking. (1) Before streams are classified or standards established or modified or rules made, revoked, or modified, the department shall hold a public hearing. Notice of the hearing specifying the waters concerned and the classification, standards, or modification of them and any rules proposed to be made, […]
75-5-308. Short-term water authorizations — water quality standards. (1) Because these activities promote the public interest, the department may, if necessary, authorize short-term exemptions from the water quality standards for the following activities: (a) emergency remediation activities that have been approved, authorized, or required by the department; and (b) application of a pesticide that is registered by the […]
75-5-309. Repealed. Sec. 3, Ch. 378, L. 2015. History: En. Sec. 1, Ch. 497, L. 1995.
75-5-310. Site-specific standards of water quality for aquatic life. (1) Notwithstanding any other provisions of this chapter and except as provided in subsection (2), the department, upon application by a permit applicant, permittee, or person potentially liable under any state or federal environmental remediation statute, shall adopt site-specific standards of water quality for aquatic life, both […]
75-5-311. Local water quality districts — department approval — local water quality programs. (1) A county that establishes a local water quality district according to the procedures specified in Title 7, chapter 13, part 45, shall, in consultation with the department, undertake planning and information-gathering activities necessary to develop a proposed local water quality program. (2) A […]
75-5-312. Temporary water quality standards. (1) The department may, on its own accord or upon a petition for rulemaking, as provided in 2-4-315, by a person, including a permit applicant or permittee, temporarily modify a water quality standard for a specific water body or segment on a parameter-by-parameter basis in those instances in which substantive information […]
75-5-313. Repealed. Sec. 9, Ch. 342, L. 2021. History: En. Sec. 2, Ch. 267, L. 2009; amd. Sec. 3, Ch. 267, L. 2011; amd. Sec. 5, Ch. 122, L. 2015.
75-5-314. Repealed. Sec. 9, Ch. 342, L. 2021. History: En. Sec. 4, Ch. 267, L. 2011.
75-5-315. Outstanding resource waters — statement of purpose. (1) The legislature, understanding the requirements of applicable federal law and the uniqueness of Montana’s water resource, recognizes that certain state waters are of such environmental, ecological, or economic value that the state should, upon a showing of necessity, prohibit, to the greatest extent practicable, changes to the […]
75-5-316. Outstanding resource water classification — rules — criteria — limitations — procedure — definition. (1) As provided under the provisions of 75-5-301 and this section, the department may adopt rules regarding the classification of waters as outstanding resource waters. (2) The department may not: (a) grant an authorization to degrade under 75-5-303 in outstanding resource waters; or […]
75-5-317. Nonsignificant activities. (1) The categories or classes of activities identified in subsection (2) cause changes in water quality that are nonsignificant because of their low potential for harm to human health or the environment and their conformance with the guidance found in 75-5-301(5)(c). (2) The following categories or classes of activities are not subject to the […]
75-5-318. Short-term water quality standards for turbidity. (1) Upon authorization by the department or the department of fish, wildlife, and parks pursuant to subsection (4), the short-term water quality standards for total suspended sediment and turbidity resulting from stream-related construction activities or stream enhancement projects are the narrative standards for total suspended sediment adopted by the […]
75-5-319. Repealed. Sec. 9, Ch. 342, L. 2021. History: En. Sec. 1, Ch. 415, L. 2015.
75-5-320. Temporary water quality standards variances. (1) Except as provided in 75-5-222(2), the department may adopt rules providing criteria and procedures for the department to issue a temporary variance to water quality standards if: (a) a variance will not result in a lowering of currently attained, ambient water quality; (b) the department rules are consistent, as necessary, with […]
