Mont. Admin. r. 17.30.1311 - PROHIBITIONS

No permit may be issued:

(1) when the conditions of the permit do not provide for compliance with the applicable requirements of the Act, or rules adopted under the Act;

(2) when the applicant is required to obtain a state or other appropriate certification under section 401 of the federal Clean Water Act and that certification has not been obtained or waived;

(3) by the department where the regional administrator has objected to issuance of the permit under 40 CFR 123.44;

(4) when the imposition of conditions cannot ensure compliance with the applicable water quality requirements of all affected states;

(5) for the discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste;

(6) for any discharge inconsistent with a plan or plan amendment approved under section 208(b) of the federal Clean Water Act;

(7) to a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards. The owner or operator of a new source or new discharger proposing to discharge into a water segment which does not meet applicable water quality standards or is not expected to meet those standards even after the application of the effluent limitations required by ARM 17.30.1201 and 17.30.1203, and for which the state or interstate agency has performed a pollutants load allocation for the pollutant to be discharged, shall demonstrate, before the close of the public comment period, that:

(a) there are sufficient remaining pollutant load allocations to allow for the discharge; and

(b) the existing dischargers into that segment are subject to compliance schedules designed to bring the segment into compliance with applicable water quality standards.

Notes

Mont. Admin. r. 17.30.1311

NEW, 1989 MAR p. 2060, Eff. 12/8/89; TRANS, from DHES, 1996 MAR p. 1499.

75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA;