Mont. Admin. R. 36.12.909 - BITTERROOT VALLEY SANITARY LANDFILL CONTROLLED GROUNDWATER AREA
(1) There is designated a Bitterroot Valley
Sanitary Landfill Controlled Groundwater Area (BVSL CGWA). The BVSL CGWA is an
area of approximately 80 acres located approximately 0.80 miles south of the
unincorporated town of Victor, Montana, and is generally described as follows:
(a) The BVSL CGWA includes the Bitterroot
Valley Sanitary Landfill historic waste disposal pit (Facility) and the
designated area where hazardous or deleterious substances exceed Montana
Numeric Water Quality Standards, or the pumping of groundwater may induce
contaminant migration. The area includes 80 acres located within the following
legal description: S1/2S1/2 Section 31 T8N R20W; N1/2N1/2NW1/4 Section 6 T7N
R20W.
(b) A map of the area within
the BVSL CGWA described in (1)(a) is posted on the department's
website.
(2) The
following controls apply in the BVSL CGWA:
(a)
Water from the upper aquifer layers where contamination exceeding DEQ-7
standards is present may not be appropriated for potable use. Water from the
deeper aquifer may be appropriated for potable use with express prior written
approval from the Montana Department of Environmental Quality (DEQ) pursuant to
(2)(c).
(b) Except as provided in
(2)(c), no new groundwater developments or changes to existing groundwater
appropriations are allowed within the BVSL CGWA, and the department may not
accept or process any of the following for groundwater:
(i) a Notice of Completion pursuant to
85-2-306(3),
MCA;
(ii) a Replacement Well
Notice, Form 634;
(iii) an
Application for Beneficial Water Use Permit, Form 600GW; or
(iv) an Application for Change of
Appropriation Right, Form 606.
(c) New uses, or changes of existing uses, of
groundwater within the BVSL CGWA may not occur for any purpose other than
monitoring water quality and quantity without the express prior written
approval from DEQ. The department may accept and process the following
applications and forms pursuant to
85-2-311 and
85-2-402, MCA, when the
application or form is accompanied by documentation of prior written approval
from DEQ and the applicant demonstrates the withdrawals will not contribute to
expansion of the contaminated plume outside of the BVSL CGWA boundaries:
(i) an Application for Beneficial Use Permit,
Form 600;
(ii) an Application for
Change of Appropriation Right, Form 606; or
(iii) a Redundant Well Construction Notice,
Form 635.
(3)
Monitoring wells within the boundaries of the BVSL CGWA must be approved by
DEQ. The integrity of all monitoring wells must be maintained, no seals may be
removed on any closed wells, and no wells may be abandoned within the BVSL CGWA
without the express prior written approval of DEQ. Monitoring wells must be
installed, maintained, and abandoned in compliance with ARM Title 36, chapter
21.
(4) An applicant for a Water
Use Permit, Change Authorization, or for authorization to drill a well within
the boundary of the BVSL CGWA pursuant to (2)(c) must establish by clear and
convincing evidence that:
(a) the well will be
constructed in a manner that prohibits the contaminant from using the well as a
migration pathway to another aquifer;
(b) the proposed well driller possesses a
valid Montana Well Driller License; and
(c) the proposed well driller has experience
drilling wells in state-controlled groundwater areas, State Superfund
facilities, or Federal Superfund sites.
(5) If groundwater within the BVSL CGWA is
restored to acceptable conditions, the petitioner or other qualifying
petitioners may request the CGWA designation be lifted or changed in
size.
(6) This rule revokes and
replaces the department's February 9, 2004, Order Designating Controlled
Groundwater Area In Matter of Petition No. 76H-30003426 and May 28, 2004,
Modification to Order Designating Controlled Groundwater Area In Matter of
Petition No. 76H-30003426.
Notes
AUTH: 85-2-506, 85-2-508, MCA; IMP: 85-2-506, 85-2-508, MCA
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