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Regulatory and Permitting Information Desktop Toolkit

Montana Groundwater Pollution Control System (14-MT-e)

The Montana Department of Environmental Quality (DEQ) regulates the discharge of pollutants into state waters, including ground water, under the Montana Water Quality Act (Montana Codes Annotated 75-5-101 et seq.). The DEQ requires a Montana Ground Water Pollution Control System (MGWPCS) permit to construct, modify, or operate a disposal system or to otherwise discharge wastes into state ground water. The DEQ issues MGWPCS Permits under the applicable rules in Administrative Rules of Montana 17.30.1001 et seq.


Groundwater Pollution Control System Process

14-MT-e.1 – Ground Water Pollution Control System (GWPCS) Permit Application

The developer/applicant must submit a MGWPCS Permit Application to the DEQ on forms obtained from the department. The MGWPCS Permit Application must include:

  • A specific site plan, indicating topography;
  • The location of treatment works and disposal systems;
  • The location of adjacent state surface waters;
  • A list of surface owners and lessees of land within one mile of the proposed source;
  • The location of water supply wells and springs within one mile;
  • A description of waste or process solutions to be contained on site; and
  • Information describing existing ground water quality and uses within one mile of the site.

The DEQ may require additional data and information with any MGWPCS Permit Application where warranted by potential impacts of a source.

14-MT-e.2 to 14-MT-e.3 – Review Application Materials for Completeness

The DEQ will not process an MGWPCS Permit Application until all of the requested information is supplied and the application is deemed complete. The DEQ must make a determination of the completeness of an application within 30 days of receipt.

14-MT-e.4 - Does the DEQ Issue a Tentative Determination to Approve the MGWPCSP

After the DEQ determines the application is complete, the DEQ makes a tentative determination to issue or deny the MGWPCS Permit Application. The DEQ bases its determination on compliance with the requirements of MCA 75-5.

14-MT-e.5 – Written Notice of Denial

If the DEQ makes a tentative determination not to issue a MGWPCS permit, the DEQ must provide written notice of denial to the developer/applicant, including a statement of the reasons for denial.

14-MT-e.6 – Draft MGWPCS Permit

If the DEQ makes a tentative determination to issue a MGWPCS Permit, the DEQ must prepare a draft MGWPCS Permit, which must include:

  • The proposed discharge limitations and conditions;
  • Monitoring and reporting requirements; and
  • A necessary schedule of compliance, including interim dates and requirements for meeting proposed discharge limitations or other special conditions.

14-MT-e.7 - Publish Notice of Tentative Determination and Allow for Comment

The DEQ must provide public notice of every completed MGWPCS Permit Application to inform the public of the proposed discharge and of the tentative determination.

14-MT-e.8 – Comment on Tentative Determination/Request Hearing

The DEQ must provide 30 at least 30 days following the date of public notice for the public to submit written views or request a public hearing on the tentative determination. All requests for a public hearing must include the interest of the party filing the request and the reasons why a hearing is necessary.

14-MT-e.9 – Does the DEQ Determine the MGWPCS Tentative Determination Requires a Hearing

If the DEQ receives any requests for a public hearing, the DEQ determines whether to hold a hearing. The DEQ has the discretion to hold a hearing on its own initiative or when the DEQ determines a request for a hearing is with good cause.

14-MT-e.10 - Publish Notice of Public Hearing

The DEQ must circulate the notice of public hearing at least 30 days prior to the hearing. The DEQ must circulate the notice at least as widely as the notice for the MGWPCS Permit Application. The DEQ must publish the notice in at least one newspaper of general circulation, distribute the notice to all persons and agencies that received the notice for the MGWPCS Permit Application, and distribute the notice to any person or group upon request.

14-MT-e.11 – Hold Public Hearing

The DEQ holds a public hearing on the tentative determination to issue or deny a MGWPCS Permit.

14-MT-e.12 – Review Comments and Make Final Determination

If the DEQ holds a public hearing on the tentative determination, the DEQ must make a final determination on the MGWPCS permit application within 60 days of the public hearing. The DEQ must retain all public comments received during the hearing and during the public comment period and consider the comments in the final determination. If the DEQ does not hold a public hearing on the tentative determination, the DEQ must make a final determination on the MGWPCS permit application within 30 days of the close of the public comment period.

14-MT-e.13 - Does the DEQ Approve the MGWPCS Permit Based on the Criteria of ARM 17.30.1006

The DEQ uses the standards for ground water in ARM 17.30.1006 to determine whether to approve the MGWPCS Permit.

14-MT-e.14 – Decision to Deny MGWPCS Permit

If the DEQ determines the MGWPCS does not meet the standards applicable to the class of ground water under ARM 17.30.1006, the DEQ issues the developer/applicant a Decision to Deny the MGWPCS Permit. The DEQ’s written notice to deny the permit must include notice to the developer/applicant of the right to appeal the denial.

14-MT-e.15 – MGWPCS Permit

If the DEQ determines the MGWPCS meets the standards applicable to the class of ground water under ARM 17.30.1006, the DEQ issues the developer/applicant a MGWPCS Permit.




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