In this subchapter, the following terms have the meanings
indicated below and must be used in conjunction with and supplemental to those
definitions contained in
75-6-102, MCA. In addition, the
department adopts and incorporates by reference the definitions in
40 CFR
141.2, except for the following terms: "clean
compliance history," "person," "public water supply system (PWS)," "ground
water under the direct influence of surface water (GWUDISW)," "special
irrigation district," and "state." The terms "person," "public water supply
system," "ground water under the direct influence of surface water," and
"state," as used in this subchapter and in the portions of 40 CFR Parts 141 and
142 adopted by reference in this subchapter, have the meanings defined
below.
(1) "Act," except as used in
the portions of 40 CFR Part
141 referenced in this subchapter, means Title 75,
chapter 6, part 1, MCA.
(2)
"Approved laboratory" means a laboratory licensed and approved by the Montana
Department of Public Health and Human Services to analyze water samples from
public water supply systems to determine their compliance with maximum
contaminant levels (MCLs) and other monitoring requirements of this
subchapter.
(3) "Ground water under
the direct influence of surface water (GWUDISW)" has the same meaning as
adopted and incorporated by reference from
40 CFR
141.2, except that GWUDISW determinations for
regulatory compliance purposes are made in accordance with the Department of
Environmental Quality Circular PWS-5, Ground Water Under the Direct Influence
of Surface Water, as adopted and incorporated by reference in ARM
17.38.209.
(4) "Person" means an individual, firm,
partnership, company, association, corporation, city, town, local government
entity, federal agency, or any other governmental or private entity, whether
organized for profit or not.
(5)
"Public water supply system (PWS)" means a system for the provision of water
for human consumption from a community well, water hauler for cisterns, water
bottling plant, water dispenser, or other water supply that has at least 15
service connections or that regularly serves at least 25 persons daily for any
60 or more days in a calendar year.
(6) "State," as used in the portions of 40
CFR Parts
141 and
142 adopted and incorporated by reference in this subchapter,
means the Montana Department of Environmental Quality with respect to
regulation of public water supply and wastewater systems for compliance with
this subchapter, and the Montana Department of Public Health and Human Services
with respect to certification of laboratories for performing water sample
analyses for public water supply systems as required in 40 CFR Part
141.
Notes
Mont. Admin. R.
17.38.202
NEW, 1977 MAR p. 1187,
Eff. 12/24/77; AMD, 1982 MAR p. 594, Eff. 3/26/82; AMD, 1991 MAR p. 1492, Eff.
8/16/91; AMD, 1994 MAR p. 2131, Eff. 8/12/94; TRANS, from DHES, 1996 MAR p.
1499; AMD, 1998 MAR p. 1167, Eff. 5/1/98; AMD, 2000 MAR p. 3400, Eff. 12/8/00;
AMD, 2003 MAR p. 1279, Eff. 6/27/03; AMD, 2008 MAR p. 2625, Eff. 12/25/08; AMD,
2017
MAR p. 220, Eff.
2/18/2017; AMD,
2024
MAR p. 253, Eff.
2/10/2024
AUTH:
75-6-104, MCA; IMP:
75-6-104,
MCA