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