Mont. Admin. R. 17.30.1310 - EXCLUSIONS
(1) The following
discharges do not require MPDES permits:
(a)
discharges of dredged or fill material into waters of the United States that
are regulated under section 404 of the federal Clean Water Act;
(b) the introduction of sewage, industrial
wastes, or other pollutants into publicly owned treatment works by indirect
dischargers. Plans or agreements to switch to this method of disposal in the
future do not relieve dischargers of the obligation to have and comply with
permits until all discharges of pollutants to state waters are eliminated (see
also ARM 17.30.1350(2) ).
This exclusion does not apply to the introduction of pollutants to privately
owned treatment works or to other discharges through pipes, sewers, or other
conveyances owned by a state, municipality, or other party not leading to
treatment works;
(c) any discharge
in compliance with the instructions of an on-scene coordinator pursuant to 40
CFR Part 300, et seq. (The National Oil and Hazardous Substances Pollution
Plan) or 33 CFR Parts 153-157 (Pollution by Oil and Hazardous
Substances);
(d) any introduction
of pollutants from non point-source agricultural and silvicultural activities,
including storm water runoff from orchards, cultivated crops, pastures, range
lands, and forest lands, but not discharges from concentrated animal feeding
operations as defined in ARM
17.30.1304(15),
discharges from concentrated aquatic animal production facilities as defined in
ARM 17.30.1331(1),
discharges to aquaculture projects as defined in ARM
17.30.1304(5),
and discharges from silvicultural point sources as defined in ARM
17.30.1304(65);
(e) return flows from irrigated
agriculture;
(f) discharges into a
privately owned treatment works, except as the department may otherwise require
under ARM 17.30.1344; and
(g) discharges from a water transfer. Water
transfer means an activity that conveys or connects waters of the state without
subjecting the transferred water to intervening industrial, municipal, or
commercial use. This exclusion does not apply to pollutants introduced by the
water transfer activity itself to the water being transferred.
Notes
75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA;
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