17.40.101   COUNCIL ORGANIZATION
(1) The water and wastewater operators advisory council is described in ARM 17.1.101 of these rules.
History: 2-4-201, MCA; IMP, 2-4-201, MCA; NEW, Eff. 12/5/75; AMD, 1983 MAR p. 1720, Eff. 11/26/83; TRANS, from DHES, 1996 MAR p. 1499.

17.40.201   DEFINITIONS

In addition to the terms defined in 37-42-102, MCA:

(1) "Advanced or tertiary wastewater treatment" means additional treatment to remove suspended or dissolved substances remaining after conventional secondary wastewater treatment processes. Treatment may utilize biological or chemical treatment processes. Mechanical tertiary treatment processes refer to advanced treatment processes that require extensive use of mechanical equipment such as pumps, blowers, chemical metering, motors and other pieces of equipment and structures.

(2) "Certified operator-in-training" means an operator who does not satisfy the experience requirements set forth in ARM 17.40.213, but has:

(a) passed the certification examination; and

(b) met applicable continuing education requirements in ARM 17.40.213.

(3) "Facility-based training" means training provided by the owner of a water treatment system, water distribution system or wastewater treatment system for its employees and either held at that treatment facility or taught, in whole or in part, by other employees of that facility.

(4) "Fully certified operator" means an operator who:

(a) has met applicable continuing education requirements, if any, in ARM 17.40.213; and

(b) has passed the certification examination and satisfies the experience requirements set forth in ARM 17.40.207;

(c) is an operator certified pursuant to ARM 17.40.203(1) who is still employed at the system where he was employed July 1, 1967;

(d) was certified pursuant to 37-42-305, MCA, before March 1, 1982; or

(e) is certified pursuant to ARM 17.40.203(8).

(5) "Ground water" means water occupying the voids within a geologic stratum and within the zone of saturation.

(6) "On-site wastewater treatment system" means a sewage system using a mechanical or septic tank based treatment process where the treated waste is disposed of using a soil disposal system.

(7) "Responsible charge" means responsibility exercised by an individual in day-by-day operation or supervision of a water system, wastewater treatment system, or any part thereof, which may affect the quality or quantity of water for human consumption or the quality of effluent produced by the wastewater treatment system.

(8) "Secondary wastewater treatment" means a process that reduces the concentrations of contaminants in wastewater, through biological treatment methods such as lagoons, trickling filters, activated sludge, sequencing batch reactors or bio-discs to generally meet the numeric criteria of the National Secondary Treatment Standards contained in 40 CFR Part 133, which have been adopted by reference in ARM Title 17, chapter 30, subchapter 12.

(9) "Surface waters" means any water on the earth's surface including, but not limited to, streams, lakes, ponds, reservoirs, and irrigation drainage systems discharging directly into a stream, lake, pond, reservoir or other water on the earth's surface. Water bodies used solely for treating, transporting or impounding pollutants are not considered surface water for the purposes of this chapter.

(10) "Temporary certificate" means a certificate that is issued to a department-approved applicant, who does not meet the full certification requirements, to be an operator in responsible charge of a specified system.

(11) "Wastewater treatment system" means a wastewater treatment plant as defined in 37-42-102, MCA.

(12) "Water treatment system" means a water treatment plant as defined in 37-42-102, MCA. 

History: 37-42-202, MCA; IMP, 37-42-202, MCA; NEW, Eff. 12/5/75; AMD, 1981 MAR p. 1787, Eff. 12/18/81; AMD, 1986 MAR p. 1078, Eff. 6/27/86; AMD, 1991 MAR p. 1276, Eff. 7/26/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1997 MAR p. 545, Eff. 3/25/97; AMD, 1998 MAR p. 2966, Eff. 11/6/98; AMD, 2002 MAR p. 3148, Eff. 11/15/02; AMD, 2012 MAR p. 886, Eff. 4/27/12; AMD, 2015 MAR p. 2144, Eff. 12/11/15.

17.40.202   CLASSIFICATION OF SYSTEMS

(1) For operators certified prior to January 1, 2016, all water supply systems and wastewater systems are classified according to population served or type of treatment as shown below:

(a) Water distribution systems:

(i) Class 1--serving more than 20,000 people;

(ii) Class 2--serving 2,500 to 20,000 people;

(iii) Class 3--serving 500 to 2,500 people;

(iv) Class 4--serving 100 to 500 people;

(v) Class 5--serving fewer than 100 people.

(b) Water treatment systems:

(i) Class 1--treatment for surface water utilizing chemical coagulation, filtration, and disinfection;

(ii) Class 2--treatment for surface water not utilizing chemical coagulation;

(iii) Class 3--well water supply serving greater than 2,500 people, with or without disinfection;

(iv) Class 4--well water supply serving 100 to 2,500 people, with or without disinfection;

(v) Class 5--well water supply serving fewer than 100 people, with or without disinfection.

(c) Wastewater treatment systems:

(i) Class 1--secondary and advanced (tertiary) treatment provided by conventional activated sludge plants, biological nutrient removal plants, ammonia conversion processes, or other tertiary processes such as effluent filtration and membrane bioreactor systems;

(ii) Class 2--secondary treatment provided by extended aeration activated sludge plants such as oxidation ditches and package plants, fixed-growth trickling filter and bio-disc plants, or sequencing batch reactors;

(iii) Class 3--secondary treatment provided by aerated lagoons;

(iv) Class 4--lagoons not utilizing artificial aeration.

(d) Industrial wastewater treatment systems:

(i) Class 1--physical-chemical or biological treatment facility treating more than 1.0 mgd, including, but not limited to, the following:

(A) air flotation;

(B) air stripping;

(C) reverse osmosis;

(D) electrochemical treatment;

(E) activated sludge;

(F) anaerobic digestion;

(G) aerobic digestion;

(H) nutrient removal systems;

(I) tertiary treatment; or

(J) chemical clarification;

(ii) Class 2--biological treatment facilities treating 1.0 mgd or less, including, but not limited to, the following:

(A) clarification;

(B) filtration;

(C) constructed wetlands;

(D) carbon adsorption;

(E) ion exchange;

(F) disinfection;

(G) trickling filters;

(H) bio-disc systems;

(I) sequencing batch reactors;

(J) biological sand filters;

(K) membrane filtration; or

(L) advanced on-site treatment and disposal systems described under certification class (e)(ii) requirements;

(iii) Class 3--industrial treatment facilities, including, but not limited to, the following:

(A) oil-water separation;

(B) grinding or communitors;

(C) land surface disposal;

(D) neutralization (pH adjustment);

(E) aerated lagoons;

(F) on-site septic tank treatment systems with pressure dosed drainfields;

(G) siphon dosed drainfields; or

(H) elevated sand mounds;

(iv) Class 4--industrial treatment facilities, including, but not limited to, the following:

(A) detention ponds;

(B) sedimentation ponds;

(C) stabilization ponds;

(D) lagoons without mechanical mixing or aeration;

(E) septic systems treating the discharge from drinking water treatment systems; or

(F) on-site treatment using standard septic tanks and gravity drainfields.

(e) On-site systems:

(i) No class 1;

(ii) Class 2--package biological wastewater treatment systems, which are public sewage systems and are regulated with a MGWPCS discharge permit, including, but not limited to, the following:

(A) conventional activated sludge;

(B) sequencing batch reactor;

(C) fixed film; and

(D) extended aeration activated sludge systems;

(iii) Class 3--treatment systems, which are public sewage systems and are regulated with a MGWPCS discharge permit, including, but not limited to, the following:

(A) recirculating media trickling filters;

(B) intermittent sand filters;

(C) recirculating sand filters;

(D) aerobic wastewater treatment units;

(E) chemical nutrient reduction systems;

(F) alternate advanced treatment systems; and

(G) experimental systems;

(iv) Class 4--treatment with soil absorption systems, which are public sewage systems and are regulated with a MGWPCS discharge permit, including, but not limited to:

(A) standard absorption trenches;

(B) shallow capped absorption trenches;

(C) deep absorption trenches;

(D) sand-lined absorption trenches;

(E) gravelless trenches and other absorption methods;

(F) elevated sand mounds;

(G) evapotranspiration absorption and evapotranspiration systems;

(H) subsurface drip;

(I) gray water irrigation systems;

(J) absorption beds; and

(K) experimental systems.

(2) For operators certified on or after January 1, 2016, all water supply systems and wastewater systems are classified according to population served or type of treatment as shown below:

(a) Water distribution systems:

(i) Class 1--serving more than 15,000 people;

(ii) Class 2--serving 1,501 to 15,000 people;

(iii) Class 3--serving 500 to 1,500 people;

(iv) Class 4--serving fewer than 500 people.

(b) Water treatment systems:

(i) Class 1--treatment for surface water utilizing chemical coagulation, filtration, and disinfection;

(ii) Class 2--treatment for surface water not utilizing chemical coagulation;

(iii) Class 3--ground water supply serving at least 500 people with or without disinfection;

(iv) Class 4--ground water supply serving fewer than 500 people with or without disinfection.

(c) Wastewater treatment systems:

(i) Class 1--secondary and advanced (tertiary) treatment provided by:

(A) conventional activated sludge plants;

(B) biological nutrient removal plants;

(C) ammonia conversion processes;

(D) extended aeration activated sludge plants, such as oxidation ditches and package plants, fixed-growth trickling filter, and bio-disc plants;

(E) sequencing batch reactors; and

(F) other tertiary processes, such as effluent filtration and membrane bioreactor systems;

(ii) Class 2--no class 2;

(iii) Class 3--secondary treatment provided by aerated lagoons or lagoons not utilizing artificial aeration;

(iv) Class 4--no class 4.

(d) Industrial wastewater treatment systems:

(i) Class 1--physical-chemical or biological treatment facility treating more than 1.0 mgd, including, but not limited to, the following:

(A) air flotation;

(B) air stripping;

(C) reverse osmosis;

(D) electrochemical treatment;

(E) activated sludge;

(F) anaerobic digestion;

(G) aerobic digestion;

(H) nutrient removal systems;

(I) tertiary treatment; or

(J) chemical clarification;

(ii) Class 2--biological treatment facilities treating 1.0 mgd or less, including, but not limited to, the following:

(A) clarification;

(B) filtration;

(C) constructed wetlands;

(D) carbon adsorption;

(E) ion exchange;

(F) disinfection;

(G) trickling filters;

(H) bio-disc systems;

(I) sequencing batch reactors;

(J) biological sand filters;

(K) membrane filtration; or

(L) advanced on-site treatment and disposal systems described under certification class (e)(ii) requirements;

(iii) Class 3--industrial treatment facilities, including, but not limited to, the following:

(A) oil-water separation;

(B) grinding or communitors;

(C) land surface disposal;

(D) neutralization (pH adjustment);

(E) aerated lagoons;

(F) on-site septic tank treatment systems with pressure-dosed drainfields;

(G) siphon-dosed drainfields; or

(H) elevated sand mounds;

(iv) Class 4--industrial treatment facilities, including, but not limited to, the following:

(A) detention ponds;

(B) sedimentation ponds;

(C) stabilization ponds;

(D) lagoons without mechanical mixing or aeration;

(E) septic systems treating the discharge from drinking water treatment systems; or

(F) on-site treatment using standard septic tanks and gravity drainfields.

(e) On-site systems:

(i) no class 1;

(ii) Class 2--package biological wastewater treatment systems, which are public sewage systems and are regulated with a MGWPCS discharge permit, including, but not limited to, the following:

(A) conventional activated sludge;

(B) sequencing batch reactor;

(C) fixed film; and

(D) extended aeration activated sludge systems;

(iii) Class 3--treatment systems, which are public sewage systems and are regulated with a MGWPCS discharge permit, including, but not limited to, the following:

(A) recirculating media trickling filters;

(B) intermittent sand filters;

(C) recirculating sand filters;

(D) aerobic wastewater treatment units;

(E) chemical nutrient reduction systems;

(F) alternate advanced treatment systems; and

(G) experimental systems;

(iv) Class 4--treatment with soil absorption systems, which are public sewage systems and are regulated with a MGWPCS discharge permit, including, but not limited to:

(A) standard absorption trenches;

(B) shallow capped absorption trenches;

(C) deep absorption trenches;

(D) sand-lined absorption trenches;

(E) gravelless trenches and other absorption methods;

(F) elevated sand mounds;

(G) evapotranspiration absorption and evapotranspiration systems;

(H) subsurface drip;

(I) gray water irrigation systems;

(J) absorption beds; and

(K) experimental systems.

(3) In order to calculate the class of a particular water supply system pursuant to (1)(a) or (b) when an accurate population census is not available, the population served may be determined by multiplying the number of service connections by 2.5.

(4) For the purposes of this subchapter, a system classified with a lower number is considered more complex than a system classified with a higher number, i.e., a Class 1 system is more complex than a Class 2 system.

History: 37-42-202, MCA; IMP, 37-42-104, 37-42-304, 37-42-306, MCA; NEW, Eff. 12/5/75; AMD, 1981 MAR p. 1787, Eff. 12/18/81; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1997 MAR p. 545, Eff. 3/25/97; AMD, 1998 MAR p. 2966, Eff. 11/6/98; AMD, 2003 MAR p. 10, Eff. 11/15/02; AMD, 2012 MAR p. 886, Eff. 4/27/12; AMD, 2015 MAR p. 2144, Eff. 12/11/15.

17.40.203   CERTIFICATION OF OPERATORS

(1) Certification must be granted to an applicant under the grandfather clause (37-42-303(2), MCA) if the applicant submits a statement from the governing board or owner of a water supply system or wastewater system stating the applicant was in responsible charge of the system on July 1, 1967.

(2) If an addition is installed after July 1, 1967 to a system that existed on July 1, 1967, the person who was in responsible charge of the system on July 1, 1967 and has a grandfather clause certificate may be granted a grandfather clause certificate at a classification for a more complex system, if:

(a) the person participated in the installation; and

(b) evidence is presented to the department that the operator has been trained and is qualified to operate the more complex system.

(3) A fully certified operator who terminates employment as an operator may renew the operator's certificate annually for a period of two years beyond the expiration date of the operator's current certificate, if the operator meets the renewal requirements in 37-42-308, MCA, and ARM 17.40.213 each of these years. At the end of the two-year period, a certificate is invalid. After two years, to receive a new certificate, the operator must prove to the department that the operator:

(a) has sufficient continuing education credits for the current biennium;

(b) has paid a fee equal to the renewal fee required under ARM 17.40.212; and either:

(c) is employed in a position that provides continuing familiarity with hands-on operation of the system classification for which the operator is seeking certification; or

(d) is otherwise competent to operate the system classification for which the operator is seeking certification.

(4) The department may, upon receipt and approval of a fully completed application and payment of an appropriate fee as determined under ARM 17.40.212, issue a temporary certificate. A temporary certificate is effective for six months from the date of issuance, or until the operator becomes fully certified, whichever occurs first. The department may renew a temporary certificate for reasonable cause. A temporary certificate is valid only for the person to whom it is issued, for the system identified on the certificate, and for the period of time identified on the certificate. Temporary certificates may not be transferred to another person or system.

(5) The department shall issue a certificate to the applicant if the applicant meets all requirements of this chapter for certification. The certificate is only valid to the person to whom it is issued and may not be transferred to another person.

(6) If a census or a revision of the rules in this chapter shows a system qualifies for a more complex classification or the system is modified in a way that triggers a more complex classification, each fully certified operator of the system may obtain the more complex classification if:

(a) the operator makes a written request to the department for a more complex classification; and

(b) the department determines that the applicant has the education and experience that are necessary to operate the system, as defined in ARM 17.40.207.

(7) An operator whose system has been changed to a less complex classification because of a revision of the rules in this chapter or a change in status of the system will be given certification at that less complex classification upon renewal of the operator's annual certificate, unless the operator makes a written request to the department and the department determines that the operator meets all requirements for operating a more complex classified system. In that case, the operator will remain certified at the operator's present classification, and the renewal requirements are the requirements for that more complex certification classification.

(8) An operator who is fully certified in another state may obtain a reciprocal certification in Montana if the department determines that the operator's application and supporting material verify that the operator:

(a) has experience that meets Montana's minimum requirements;

(b) is in responsible charge of a system located in Montana that requires a certified operator; and

(c) has passed a water supply system operator examination in that state that has a U.S. environmental protection agency-approved water supply system operator certification program; or

(d) has passed a wastewater operator examination in that state at least equivalent to that required by Montana.

(9) The examination referred to in (8)(c) and (d) must be for a certification classification at least as complex as the classification for which the operator seeks reciprocal certification in Montana.

(10) Operators certified under (8) must pay a one-time fee of $70 in addition to the fees applicable for the Montana certification sought.

(11) Certificates are effective for a base year from July 1 of one year through June 30 of the subsequent year. Certificates may be renewed annually.

History: 37-42-202, MCA; IMP, 37-42-304, 37-42-305, 37-42-306, 37-42-307, 37-42-308, MCA; NEW, Eff. 12/5/75; AMD, 1981 MAR p. 1787, Eff. 12/18/81; AMD, 1983 MAR p. 1720, Eff. 11/26/83; AMD, 1991 MAR p. 1276, Eff. 7/26/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1997 MAR p. 545, Eff. 3/25/97; AMD, 1999 MAR p. 1804, Eff. 8/27/1999; AMD, 2000 MAR p. 72, Eff. 1/14/00; AMD, 2002 MAR p. 3148, Eff. 11/15/02; AMD, 2012 MAR p. 886, Eff. 4/27/12.

17.40.206   EXAMINATIONS

(1) A person desiring to take the examination for certification as a water supply or wastewater treatment system operator must complete the department's application form and return it to the department at least 30 days before the date of the examination. The proper fee, as determined under ARM 17.40.212, must accompany the application. Upon department approval, the applicant may take the examination.

(2) An annual application fee is required for each application for water certification and each application for wastewater certification. Examination fees are required for each examination taken.

(3) An operator certified under one classification by examination and another under ARM 17.40.203(1) will receive one certificate showing both certifications, with that classification held under ARM 17.40.203(1) noted by "(g.c.)."

(4) All classes of examinations will be given by department staff or by a council member at a time and place set by the department.

(5) Each person submitting an application and application fee for certification that meet department requirements will be sent a notice of the time and place of the examination.

(6) Examinations will not be returned to examinees, but will be on file for one year at the department. A failing examination will be kept two years.

(7) An operator holding a temporary certificate who fails the examination two times loses the temporary certificate upon notice from the department of the second failure. However, the operator may take the examination whenever it is given by re-applying in conformance with department requirements.

(8) The department shall provide a duplicate original certificate, to the person certified only, upon payment of a $10 fee.

History: 37-42-202, MCA; IMP, 37-42-201, 37-42-301, 37-42-305, 37-42-306, MCA; NEW, Eff. 12/5/75; AMD, 1981 MAR p. 1787, Eff. 12/18/81; AMD, 1983 MAR p. 1720, Eff. 11/26/83; AMD, 1991 MAR p. 1276, Eff. 7/26/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1997 MAR p. 545, Eff. 3/25/97; AMD, 2002 MAR p. 3148, Eff. 11/15/02; AMD, 2004 MAR p. 1143, Eff. 5/7/04; AMD, 2010 MAR p. 745, Eff. 3/26/10; AMD, 2012 MAR p. 886, Eff. 4/27/12; AMD, 2015 MAR p. 2144, Eff. 12/11/15.

17.40.207   EXPERIENCE AND EDUCATION

(1) An operator certified after June 30, 1991, must have graduated from high school or hold a GED certificate, unless the applicant submits a written application for a special exception from this requirement and the department grants the exception. The department may only grant a special exception from this requirement upon finding that the applicant has the reading, writing and comprehension skills necessary to otherwise meet the requirements of this subchapter and to protect the public health and quality of Montana's waters.

(2) To become fully certified, an operator, in addition to passing the certification examination for the operator's specific classification, must have the following operating experience in a facility of that classification:

(a) Class 1--two and one-half years' experience;

(b) Class 2--two years' experience;

(c) Class 3--one and one-half years' experience;

(d) Class 4--one year experience.

(3) If the department determines that experience gained at a system classified as less complex is applicable to a system classified as more complex, this experience or a portion of it may be credited toward the experience requirement for the more complex classification.

(4) Two days of education in post-secondary engineering training or the equivalent may be substituted for each day of experience, up to 1/2 of the experience requirement.

(5) A person who has passed the examination but lacks the requisite experience will be issued a certificate as CERTIFIED OPERATOR-IN-TRAINING. When the experience requirement is fulfilled and the operator returns a verified experience voucher to the department, a certificate as CERTIFIED OPERATOR will be issued.

History: 37-42-202, MCA; IMP, 37-42-201, 37-42-302, 37-42-306, MCA; NEW, 1981 MAR p. 1787, Eff. 12/18/81; AMD, 1983 MAR p. 1720, Eff. 11/26/83; AMD, 1991 MAR p. 1276, Eff. 7/26/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1997 MAR p. 545, Eff. 3/25/97; AMD, 2002 MAR p. 3148, Eff. 11/15/02; AMD, 2015 MAR p. 2144, Eff. 12/11/15.

17.40.208   CERTIFIED OPERATOR IN CHARGE OF SYSTEM; EXCEPTIONS

(1) Every water or wastewater treatment system must have an individual in responsible charge at the system site or on call at all times who can respond in a timely manner to threats to public or environmental health.

(2) Except as provided in this rule, the individual in responsible charge of a system must be a fully certified operator for that class or a more complex class of system.

(3) An operator with a temporary certificate or an operator-in-training certificate may be the operator in responsible charge of a system upon:

(a) written request to the department by the system owner and verification by the owner that the system is unable to employ a fully certified operator; and

(b) a finding by the department that the operator has the basic knowledge necessary to operate the system and that public health will be protected. The department shall base its decision on:

(i) the results of any on-site inspection of the system;

(ii) review of the plans and specifications of the system;

(iii) review of the operator's records, experience and training; and

(iv) examination of any other reasonably available and relevant information.

History: 37-42-202, MCA; IMP, 37-42-104, 37-42-302, 37-42-305, MCA; NEW, 1981 MAR p. 1787, Eff. 12/18/81; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1997 MAR p. 545, Eff. 3/25/97; AMD, 2002 MAR p. 3148, Eff. 11/15/02; AMD, 2012 MAR p. 886, Eff. 4/27/12.

17.40.212   FEES
(1) An applicant for certification shall pay to the department:

(a) for any classification level of water distribution or water treatment system, an application fee of $70, the payment of which entitles the applicant to take examinations for 12 months from the date of the application, provided that the applicant pays the fee required for each examination as specified in (2) ; and

(b) for any classification level of wastewater treatment, an application fee of $70, the payment of which entitles the applicant to take examinations for 12 months from the date of the application, provided that the applicant pays the fee required for each examination as specified in (2) .

(2) The fee is $70 for each examination for certification as an operator of a water treatment system, water distribution system, or wastewater treatment system.

(3) A certified operator applying for renewal of a certificate shall pay to the department by June 30 of every year:

(a) for a certificate in any classification level of water distribution or water treatment, a renewal fee of $30;

(b) for a certificate in any classification level of wastewater treatment, a renewal fee of $40.

(4) The department shall suspend a certificate and mail notice of the suspension to the operator by the seventh working day after June 30 if the department did not receive the renewal fee specified in (3) by June 30.

(5) Any renewal application received from an applicant whose certificate has been suspended must be accompanied by $30 in addition to the fee required by (1) .

History: 37-42-202, MCA; IMP, 37-42-304, 37-42-308, MCA; EMERG, NEW, 1983 MAR p. 1250, Eff. 9/16/83; AMD, 1991 MAR p. 1276, Eff. 7/26/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1997 MAR p. 545, Eff. 3/25/97; AMD, 2000 MAR p. 72, Eff. 1/14/00; AMD, 2002 MAR p. 3148, Eff. 11/15/02; AMD, 2004 MAR p. 1143, Eff. 5/7/04.

17.40.213   CONTINUING EDUCATION REQUIREMENTS

(1) Each fully-certified operator and certified operator-in-training (hereafter collectively called "certified operators") shall earn a continuing education credit or credits, as specified in this rule, during each two-year period commencing on July 1 of each even-numbered year as follows:

(a) The department shall count continuing education credits taken by a certified operator in the month of June of each even-numbered year toward satisfying the operator's continuing education requirements for the next continuing education two-year period only.

(b) A certified operator shall submit all continuing education credit report forms to the department by June 15 of each even-numbered year. If the department has not received continuing education credit report forms showing that an operator earned sufficient credits to entitle the operator to renew a certificate during a continuing education two-year period by June 15 of an even-numbered year, the department shall, by July 1 of that even-numbered year, mail to the operator, and every system for which the operator is designated as an operator under ARM Title 17, chapter 38, subchapter 2, a notice suspending the certificate of the operator until the department receives a credit report form showing that sufficient credits were earned by May 31 of the even-numbered year. If the department receives, within 30 days after the notice of suspension was mailed, a report form showing that a suspended operator earned sufficient credits during a continuing education two-year period, and all other requirements for renewal have been met, the department shall lift the suspension and renew the certificate. The department shall revoke any certificate that remains suspended for a period of more than 30 days. However, the department, before this revocation, shall notify the certificate holder by certified mail at the address on the issued certificate of its intention to revoke, at least ten days before the time set for action to be taken by the department on the certificate.

(c) A Class 1 fully-certified operator shall earn two credits for a water certification and two credits for a wastewater certification held by the operator.

(d) A Class 1 certified operator-in-training shall earn one credit for a water certification and one credit for a wastewater certification held by the operator.

(e) A Class 2, 3, or 4 fully-certified operator shall earn one credit for a water certification and one credit for a wastewater certification held by the operator.

(f) A Class 2, 3, or 4 certified operator-in-training shall earn 1/2 credit for a water certification and 1/2 credit for a wastewater certification held by the operator.

(g) A Class 5 fully-certified operator shall earn 0.4 credits for a water certification held by the operator for water treatment or water distribution.

(h) A Class 5 certified operator-in-training shall earn 0.2 credits for a water certification held by the operator.

(2) A credit consists of ten contact hours, and 1/2 credit consists of five contact hours. A contact hour is defined as a 60-minute participation in an approved course.

(a) To determine the number of credits to be awarded to a certified operator for teaching a course, 0.1 credit per actual hour of instruction shall be awarded in addition to the credits earned for attending that course.

(3) Newly certified operators (previously uncertified) who are certified from January 1 of an odd-numbered year to June 30 of the following even-numbered year are not required to earn the credit applicable to each certificate until the next two-year period.

(4) If a certified operator upgrades a certificate or becomes newly certified during the period from January 1 of an odd-numbered year to June 30 of the following even-numbered year and that upgrade increases the credit requirement, the operator shall during that same two-year period earn the lower credit requirement but is not required to meet the higher credit requirement until the next two-year period commences.

(5) Only a certified operator who fulfills the credit requirements before the end of each two-year period may obtain renewal of a certificate. Except as provided in (1) and (13), the certificate of an operator who does not fulfill the credit requirements expires on June 30 of the applicable two-year period and the person may receive a new certificate on submission of an application, payment of the appropriate application and examination fees, and passage of the appropriate examination.

(6) All subject matter for which credit will be granted must be relevant to the operation, maintenance, or safety of water treatment systems, water distribution systems, wastewater treatment systems, or industrial wastewater treatment systems as classified in ARM 17.40.202. Eligible topics may include subjects regarding operation and maintenance of systems and machinery, electrical systems, hydraulics, chemical treatment, biological testing, disinfection, or use of mathematics and chemistry where applicable.

(a) A safety course qualifies for full credits if it is specific to any type of water supply or wastewater treatment system operation; other safety courses that contain topics that are generally applicable to water or wastewater treatment system qualify for half credit.

(b) The department shall maintain a list of topics that, although not specific to water or wastewater treatment system operation, are generally applicable and are approved for half credit.

(7) There are three types of education offerings that qualify for continuing education credit:

(a) training courses offered by the department;

(b) courses or conferences specifically approved for credit by the department; and

(c) training courses or conferences offered by training providers approved by the department pursuant to ARM 17.40.215.

(8) In addition to the requirements in (6), the subject matter of the educational offering must be relevant to the particular class(es) of certificates to which the credit is being applied. A certified operator may receive credit only for courses approved for the type of certification(s) held by that operator.

(9) A correspondence course that is approved by the department may be used to earn credit. However, the provider must issue proof of completion to the department before credit may be awarded.

(10) Certified operators holding both water and wastewater certificates may earn credits toward the continuing education requirements of both certificates (i.e., dual credits) by attending a course which has been approved for both classes of certificates.

(11) Facility-based training is eligible for credits only if the training meets all other requirements of this subchapter for continuing education credits.

(12) Vendor shows approved by the department under this rule qualify for credit. A maximum amount of 0.05 credits per vendor show will be allowed for participation in a department-approved vendor show. The certified operator will be required to provide evidence of attendance at the approved vendor show to validate participation for credit.

(13) The department may, in individual cases involving hardship or extenuating circumstances, grant an extension of time of up to one year to fulfill the minimum credit requirements. Hardship or extenuating circumstances include documented health-related confinement or other circumstances beyond the control of the certified operator which prevent attendance at the required activities. All requests for extensions must be made prior to June 30 of the even-numbered year in which the credit is required to be submitted for registration.

(14) It is the certified operator's responsibility to notify the department on the appropriate form of the credit earned during the period. The credit earned during the period must be included with the application for renewal.

(15) The continuing education credit requirements of this rule are waived for one continuing education two-year period for a certified operator during periods when the person is a government employee working as an operator and assigned to duty outside of the United States.

(16) The department shall temporarily inactivate the certificate of a certified operator who is on active military duty if the operator notifies the department in writing of the change in status and requests inactivation.

(17) The department shall reactivate the certificate temporarily inactivated under (16) upon the return of the operator to the continental United States if the operator:

(a) requests in writing that the department reactivate the certificate(s); and

(b) pays to the department the renewal fee for the year the operator returns.

(18) After a certificate has been reactivated under (17), the certified operator shall meet the continuing education credit requirements for the current continuing education two-year period by the June 30 deadline or within 18 months of the operator's return, whichever is longer.

History: 37-42-202, MCA; IMP, 37-42-304, 37-42-305, 37-42-306, 37-42-307, 37-42-308, MCA; NEW, 1986 MAR p. 1078, Eff. 6/27/86; AMD, 1991 MAR p. 1276, Eff. 7/26/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1997 MAR p. 545, Eff. 3/25/97; AMD, 1998 MAR p. 2966, Eff. 11/6/98; AMD, 2002 MAR p. 3148, Eff. 11/15/02; AMD, 2004 MAR p. 1619, Eff. 5/7/04; AMD, 2015 MAR p. 2144, Eff. 12/11/15.

17.40.214   DISCIPLINARY ACTIONS--DESCRIPTION OF GROUNDS-- PROCEDURES FOR REVOCATION OR SUSPENSION OF CERTIFICATE, AND REPRIMAND OF CERTIFIED OPERATOR
(1) The department may issue a written order imposing any of the disciplinary actions in (2) if the department determines that, as provided in 37-42-321(1) , MCA:

(a) the operator has practiced fraud or deception;

(b) reasonable care, judgment, or the application of the operator's knowledge or ability was not used in the performance of the operator's duties; or

(c) the operator is incompetent or unable to properly perform the operator's duties.

(2) Disciplinary actions the department may order under (1) include revoking a certificate or any of the other disciplinary actions listed in 37-1-136, MCA, including:

(a) suspension of an order of revocation on terms and conditions determined by the department;

(b) suspension of the right to operate under a certificate for a period not exceeding one year;

(c) placing a certified operator on probation;

(d) reprimand of a certified operator.

(3) The department shall serve the order, by certified mail or personally, on the certified operator.

(4) Section 37-42-321(3) , MCA, states:   "A person aggrieved by an order of the department under this section may request a hearing before the board by submitting a written request stating the reason for the request within 30 days after receipt of the department's decision."   The department's order becomes final if the aggrieved person does not appeal it within 30 days after receiving it.

(5) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, apply to a hearing held under this rule.

History: 37-42-202, MCA; IMP, 37-42-321, MCA; NEW, 1991 MAR p. 1276, Eff. 7/26/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1997 MAR p. 545, Eff. 3/25/97; AMD, 2002 MAR p. 3148, Eff. 11/15/02.

17.40.215   APPROVED TRAINING PROVIDERS

(1) To be approved as a training provider, the provider must first apply to the department for approval and demonstrate in writing, using the department's form, that:

(a) training is one of the provider's principal programs;

(b) the provider offers training appropriate for water and wastewater treatment operators; and

(c) that the provider does not have a vested interest in selling or marketing any product or service related to water or wastewater treatment other than training.

(2) Based on the written submittal, the department may, in writing, approve the provider for educational offerings under this rule for up to two years.   The department may revoke its approval of the training provider, in writing, for good cause, after notice and an opportunity for an informal conference with the department.

(3) An approved training provider shall provide the following documentation, maintain the following records, and make such information available to the department upon request:

(a) Attendance registration forms must be maintained. The provider shall keep registration forms on file for at least two years. The registration forms must state:

(i) the provider's name;

(ii) the title of the course;

(iii) the date and location of the course;

(iv) the name of the person monitoring attendance at each course;

(v) each attendee's name and operator number;

(vi) the water or wastewater treatment system where each attendee is employed;

(vii) the number of continuing education credits (credits) earned by each attendee; and

(viii) whether the course is facility-based training.

(b) A notice of a course sponsored by an approved training provider must be sent to the department two weeks before the course begins, along with the training announcement required under (3)(c). The provider shall keep a copy of this notice on file for at least two years. The notice must be on the department's form or an equivalent form requiring the same information. The notice must include:

(i) the name of the training provider;

(ii) the title of the course;

(iii) the number of contact hours;

(iv) the class(es) of certificate(s) for which the course is approved;

(v) any prerequisites;

(vi) the name(s) of the instructor(s) and their qualifications for teaching the course as provided in (4);

(vii) location and date of the course;

(viii) fee or membership required; and

(ix) the provider's contact person for the course.

(c) The provider shall prepare a training announcement for each course announcing the availability of the course. The provider shall send a copy of the training announcement to the department along with the notice required in (3)(b) and shall keep the training announcement on file for at least two years. The training announcement must state:

(i) the classes of certification for which the course is approved;

(ii) the number of credits available;

(iii) a specific agenda;

(iv) identity and qualifications of the instructor(s); and

(v) date(s), location(s), and fee.

(vi) In addition, the training announcement must clearly inform attendees that they will receive credit only if the attendee holds the class of certificate for which the course is approved. 

(d) The training provider shall provide each attendee with a form on which attendees can evaluate the course. The course evaluation form must, at a minimum, provide attendees with the opportunity to state how the course might be improved, whether the course imparts knowledge that is useful to attendees and attendee's evaluation of instructor(s). The training provider shall keep course evaluations on file for at least two years.

(e) The training provider shall distribute to each attendee a continuing education credit report form provided by the department to be filled out by the attendee.

(i) Attendees shall fill out the form by providing:

(A) their name;

(B) certification class and type;

(C) system operated;

(D) address; and

(E) instructions for applying credits earned.

(ii) Attendees shall return the credit report form to the training provider. The provider shall complete the form adding information concerning:

(A) course title, location and date;

(B) subject of training including whether credits are available for more than one class of certificate;

(C) number of credits earned by each attendee; and

(D) whether the course is facility-based training.

(iii) The provider shall verify the information by signing the form and shall send the completed and signed form to the department within two weeks after the end of the course.

(iv) The department shall count continuing education credits taken by a certified operator in the month of June of each even-numbered year toward satisfying the operator's continuing education requirements for the next continuing education two-year period only.

(v) For continuing education credits taken during a continuing education two-year period to count toward satisfying a certified operator's continuing education requirements, those credits must be reported on credit report forms received by the department by June 15 of each even-numbered year. If credits sufficient to satisfy the continuing education requirements are not so reported, the certificate of the operator may be suspended or revoked as set forth in ARM 17.40.213.

(vi) The department shall keep the credit report forms on file for at least two years.

(f) The provider shall keep copies on file of any written instructional materials or exams used in the course for at least two years.

(4) In order for a course to qualify for credits, all instructors must:

(a) have at least four years' practical experience in the subject matter to be presented;

(b) have experience as a professional trainer in the subject matter to be presented;

(c) be selected or recommended as an instructor by a nationally known water or wastewater organization;

(d) be professional or technical staff of the department or another Montana state or federal agency with expertise in the subject matter to be presented; or

(e) be approved by the department based on instructor's education and experience in the subject matter to be presented.

(5) The training provider shall determine, subject to department approval, the number of credits available and to what class(es) of certificate(s) credits apply in accordance with ARM 17.40.213. The provider shall include this information in the training announcement as required in (3)(c) of this rule.

History: 37-42-202, MCA; IMP, 37-42-202, MCA; NEW, 1998 MAR p. 2966, Eff. 11/6/98; AMD, 2002 MAR p. 3148, Eff. 11/15/02; AMD, 2015 MAR p. 2144, Eff. 12/11/15.

17.40.301   PURPOSE
(1) The purpose of this subchapter is to implement the Water Pollution Control State Revolving Fund Act pursuant to Title 75, chapter 5, part 11, MCA, and sections 601 through 607 of the Federal Water Pollution Control Act, 33 USC 1381 through 1387, as amended.

(2) This program creates a perpetual financing mechanism for eligible water pollution control projects through use of loans and other financial incentives.

(3) The department of natural resources and conservation may also adopt rules that address measures for protecting the financial solvency of the water pollution control state revolving fund, including measures requiring debt security requirements for loans.

History: 75-5-1105, MCA; IMP, 75-5-1105, MCA; NEW, 1990 MAR p. 1468, Eff. 7/27/90; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 232, Eff. 2/14/03.

17.40.302   DEFINITIONS
In this subchapter, the following terms have the meanings indicated below, certain of which are supplemental to the definitions contained in 75-5-103 and 75-5-1102, MCA, and sections 601 through 607 of the Federal Water Pollution Control Act, 33 USC 1251 through 1387, as amended. Terms used herein without definition have the meanings given them in the Act or the federal Act.

(1) "Act" means the Water Pollution Control State Revolving Fund Act, Title 75, chapter 5, part 11, MCA.

(2) "Department" means the Montana department of environmental quality established by 2-15-3501, MCA.

(3) "Department of natural resources and conservation" means the Montana department of natural resources and conservation established by 2-15-3301, MCA.

(4) "Eligible water pollution control projects" means projects that meet the requirements of the federal Act and are approved by the department, including certain wastewater collection and treatment system projects, sewage system projects, storm sewer or storm drainage projects, solid waste management projects, and other nonpoint source projects.

(5) "EPA" means the United States environmental protection agency.

(6) "Federal act" means the federal Act as defined in 75-5-1102, MCA.

(7) "Intended use plan" or "IUP" means the document prepared annually by the department that identifies uses of the funds in the program and describes how those uses support the goals of the program.

(8) "Municipality" means municipality as defined in 75-5-1102, MCA.

(9) "Nonpoint source" means a source of pollutants that originate from diffuse runoff, seepage, drainage, or infiltration.

(10) "Nonpoint source management plan" means the most recent report submitted by the department to EPA pursuant to 33 USC 1329.

(11) "Nonpoint source project" means a project that has been approved in the nonpoint source management plan and that is eligible and has qualified for financing under the program pursuant to the federal Act, the Act, these rules, and applicable department of natural resources and conservation rules, and may include, without limitation, the following:

(a) solid waste management systems;

(b) manure storage facilities;

(c) mitigation banks;

(d) urban storm water runoff;

(e) ground water protection;

(f) animal feed operations;

(g) no-till farm equipment;

(h) wetlands restoration and preservation;

(i) stream bank restoration;

(j) submerged aquatic vegetation;

(k) construction runoff; and

(l) conservation easements.

(12) "Project priority list" means the list of projects expected to receive financial assistance under the program, ranked in accordance with a priority system developed under 33 USC 1296.

(13) "Private person" means a private person as defined in 75-5-1102, MCA.

(14) "Professional engineer" means an engineer licensed or otherwise authorized to practice engineering in Montana pursuant to Title 37, chapter 67, MCA.

(15) "Program" means the water pollution control state revolving fund program established by the Act.

(16) "Project" has the same meaning as in 75-5-1102, MCA.

(17) "Revolving fund" means the revolving fund as defined in 75-5-1102, MCA.

(18) "Sewage system" means any device for collection or conveyance of sewage or industrial wastes to an ultimate disposal point.

(19) "Solid waste management system" has the same meaning as in 75-10-203, MCA, except that, for the purposes of this subchapter, the term includes activities of and components and improvements to a solid waste management system including, but not limited to, the acquisition of land, installation of liners, monitoring of wells, construction and closure of landfills or composting facilities, and all necessary and related equipment.

(20) "Treatment works" has the same meaning as in 33 USC 1292.

(21) "Wastewater" means sewage, sewage sludge, industrial waste, other wastes, or any combination thereof.

(22) "Wastewater system" means a public sewage system or other system that collects, transports, treats or disposes of wastewater.

History: 75-5-1105, MCA; IMP, 75-5-1102, MCA; NEW, 1990 MAR p. 1468, Eff. 7/27/90; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 232, Eff. 2/14/03.

17.40.303   USE OF THE REVOLVING FUND--ELIGIBLE ACTIVITIES FOR FUND ASSISTANCE

(1) The department shall administer the program in accordance with the federal Act, the Act, the trust indenture regarding the program, and these rules.  If there is a conflict among the Act, the trust indenture, or these rules, the department shall resolve the conflict by applying the following order of precedence:

(a) the Act;

(b) the trust indenture;

(c) these rules.

(2) The revolving fund may be used, without limitation, to:

(a) provide financial assistance to municipalities for construction, renovation, rehabilitation, expansion, improvement, or acquisition of publicly owned treatment works including, but not limited to:

(i) preliminary planning to determine the feasibility of the treatment works, engineering or architectural designs, plans and working drawings; or

(ii) construction and construction management of treatment works, including devices and systems used in the storage, conveyance, treatment, recycling and reclamation of municipal waste, storm water runoff, or combined sewer overflows.

(b) make loans to municipalities and private persons for projects that are consistent with the nonpoint source management plan and that have qualified as nonpoint source projects.  These projects may include, but are not limited to:

(i) preliminary planning to determine the feasibility of the nonpoint source project, engineering or architectural plans and working drawings; or

(ii) acquisition of land and equipment and construction of facilities relating to nonpoint source projects;

(c) earn interest prior to disbursement, although the revolving fund may not be managed primarily for this purpose; and

(d) pay reasonable expenses incurred in administering the fund, except that funds used for this purpose may not exceed 4%, or the maximum amount allowed under the federal Act, of the capitalization grants received from the EPA.

 

History: 75-5-1105, MCA; IMP, 75-5-1107, MCA; NEW, 1990 MAR p. 1468, Eff. 7/27/90; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 232, Eff. 2/14/03.

17.40.308   TYPES OF FINANCIAL ASSISTANCE
(1) The department or the department of natural resources and conservation may provide financial assistance from the revolving fund by:

(a) making a loan for the costs of eligible water pollution control projects, subject to the following requirements:

(i) the term may not exceed 20 years after completion of the project, unless otherwise permitted by the federal Act, the Act, the trust indenture regarding the program, the department, and the department of natural resources and conservation;

(ii) repayment must begin as prescribed by the department of natural resources and conservation, but in any event not later than one year after project completion with all principal and interest payments credited directly to the fund;

(iii) the loan recipient shall establish a dedicated source of revenue for repayment of the loan; and

(iv) satisfaction of all additional requirements of the department of natural resources and conservation;

(b) purchasing or refinancing an existing municipal debt obligation for construction of an eligible water pollution control project begun after March 7, 1985, subject to all applicable requirements of the federal Act;

(c) purchasing bond insurance or guaranteeing full and timely payment of principal and interest on a debt obligation; or

(d) guaranteeing a revolving fund established by a municipality that is similar to the state revolving fund.

History: 75-5-1105, MCA; IMP, 75-5-1107, MCA; NEW, 1990 MAR p. 1468, Eff. 7/27/90; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 232, Eff. 2/14/03.

17.40.309   CRITERIA FOR FINANCIAL ASSISTANCE TO MUNICIPALITIES
(1) To be eligible for financial assistance from the revolving fund, a municipality must:

(a) meet financial capability requirements set by the department of natural resources and conservation for the proposed project that ensure sufficient revenues will be available to operate and maintain the project for its useful life and to repay the loan;

(b) agree to operate and maintain the facility constructed or improved by the project so that it will function properly over the useful life of the project;

(c) maintain proper financial records in accordance with generally accepted governmental accounting standards, and agree to periodic audits by the department or a contractor to the department;

(d) meet the statutory requirements listed in 33 USC 1382 for projects constructed with funds made available directly by federal capitalization grants;

(e) provide legal assurance that the necessary property titles, easements, and rights-of-way have been obtained to construct, operate and maintain the facility;

(f) prepare an engineering report evaluating the proposed project, including an analysis of cost-effectiveness and environmental effects;

(g) meet the applicable plan and specification requirements for the project (for example, for public wastewater systems, those described in ARM 17.38.101, and for solid waste management systems, those described in ARM 17.50.506) ;

(h) utilize proper construction inspection and project management procedures; and

(i) meet all applicable local, state, and federal laws and regulations.

(2) All projects funded with financial assistance from the revolving fund must be listed on the project priority list and intended use plan as described in ARM 17.40.315 and 17.40.316, respectively.

History: 75-5-1105, MCA; IMP, 75-5-1105, 75-5-1113, MCA; NEW, 1990 MAR p. 1468, Eff. 7/27/90; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 232, Eff. 2/14/03.

17.40.310   CRITERIA FOR LOANS TO PRIVATE PERSONS
(1) A private person is eligible for a loan from the fund if the person's project proposal meets the following criteria:

(a) the project is consistent with the nonpoint source management plan and has qualified as a nonpoint source project;

(b) appropriate technical and administrative assistance is available for the project;

(c) public or landowner support for the project is demonstrated;

(d) adequate funding sources are available to completely finance the project;

(e) the project meets the criteria for loans as stated in 75-5-1113, MCA; and

(f) the project satisfies all conditions for financing of the project required by the department of natural resources and conservation.

History: 75-5-1105, MCA; IMP, 75-5-1113, MCA; NEW, 1990 MAR p. 1468, Eff. 7/27/90; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 232, Eff. 2/14/03.

17.40.311   APPLICATION PROCEDURES
 

(1) A complete application package may be submitted to the department at any time.  The department shall consider applications in the order received.  If the department determines, in its sole discretion, that it lacks sufficient time to consider an application during the state fiscal year (July 1 through June 30) in which it was submitted, the department shall consider the application during the next fiscal year.

(2) A municipality that seeks direct loan assistance, a loan guarantee, or insurance for a municipal obligation must submit:

(a) a completed uniform application form;

(b) a preliminary engineering or technical report that includes an assessment of the environmental impacts associated with the proposed project;

(c) plans and specifications of the project, if available;

(d) a project schedule;

(e) an engineering contract with information concerning procurement of services; and

(f) other information needed for evaluating the project, as determined by the department or required pursuant to administrative rules issued by the department of natural resources and conservation.

(3) A municipality that seeks loan assistance to refinance projects previously constructed and subject to outstanding indebtedness must submit:

(a) a completed uniform application form;

(b) cost information, including a description of existing indebtedness;

(c) documentation indicating how the requirements listed in ARM 17.40.309 were satisfied when the project was originally constructed; and

(d) other information needed for evaluating the project, as determined by the department or the department of natural resources and conservation.

(4) A private person who seeks financial assistance in connection with a nonpoint source project must submit:

(a) a completed loan application in a form determined by the department and the department of natural resources and conservation to be appropriate for the private person;

(b) a project work plan;

(c) an implementation schedule;

(d) a reasonably detailed description of the project;

(e) a reasonably detailed estimate of the cost of the project;

(f) a timetable for the construction of the project and for payment of the cost of the project;

(g) a description of the source or sources of funds to be used in addition to the proceeds of the loan to pay the cost of the project;

(h) a description of the source or sources of revenue proposed to be used to repay the loan;

(i) a current financial statement of the system showing assets, liabilities, revenues, and expenses;

(j) a statement as to whether, at the time of application, there are any outstanding loans, notes, bonds, or other obligations payable from the revenue of the system and, if so, a description of the loans, notes, bonds, or other obligations;

(k) a statement as to whether, at the time of the application, there are any outstanding loans, notes, or other obligations of the private person and, if so, a description of the loans, notes, or other obligations;

(l) all information that the department or the department of natural resources and conservation may require in order to determine the effect of making the loan on the tax exempt status of the state's bonds; and

(m) all other information that the department or the department of natural resources and conservation may require to determine the feasibility of a project and the applicant's ability to repay the loan including, but not limited to:

(i) engineering reports;

(ii) economic feasibility studies; and

(iii) legal opinions.

(n) other information needed for evaluating the project, as determined by the department or the department of natural resources and conservation.

History: 75-5-1105, MCA; IMP, 75-5-1111, MCA; NEW, 1990 MAR p. 1468, Eff. 7/27/90; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 232, Eff. 2/14/03.

17.40.315   PROJECT PRIORITY LIST
(1) The project priority list is established for rating and ranking possible projects for fund assistance.

(2) The department shall list all potential eligible projects on the project priority list, including projects proposed by project applicants and projects that the department determines are needed.

(3) The project priority list must include:

(a) a category assignment for each project based on the type of construction anticipated;

(b) an assignment of a numerical score for each project through use of the department's ranking criteria and ranking system, which must rate and rank projects according to:

(i) water quality impairment as it relates to:

(A) surface water; and

(B) ground water;

(ii) effectiveness of the proposed project in improving water quality;

(iii) activity-specific criteria; and

(iv) the applicant's readiness to proceed; and

(c) a system by which limited funds are allocated on an annual basis.

(4) The priority list must be revised at least annually to consider new projects and changes in project status, and to allocate available revenues from the fund for eligible uses.

History: 75-5-1105, MCA; IMP, 75-5-1112, MCA; NEW, 1990 MAR p. 1468, Eff. 7/27/90; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 232, Eff. 2/14/03.

17.40.316   INTENDED USE PLAN--RANKING FOR FUNDING PURPOSES

(1) The department shall prepare an intended use plan (IUP) annually.

(2) A project selected for funding is subject to denial by the department of natural resources and conservation based on its review for financial capability, as required under 75-5-1113, MCA.

(3) The following factors must be considered in developing the IUP:

(a) ability of each listed project to proceed within the fiscal year;

(b) each project's position on the project priority list;   

(c) long-term health and viability of the revolving fund, and the ability of the revolving fund to support the project; and

(d) financial need of the project applicant.

 

History: 75-5-1105, MCA; IMP, 75-5-1112, MCA; NEW, 1990 MAR p. 1468, Eff. 7/27/90; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 232, Eff. 2/14/03.

17.40.317   PUBLIC PARTICIPATION
(1) The project priority rating and ranking system, project priority list, and intended use plan are subject to full public scrutiny.  Each year the department shall mail the draft priority list to the program's list of interested persons as defined in 2-4-102, MCA, publish notice of its availability in at least five newspapers of general circulation, and post such notice on the department's website.

(2) After preparation of the draft Montana rating and ranking system, the draft project priority list, and the draft intended use plan, a formally advertised public hearing must be held to allow public comment concerning the rating and ranking system, project priority list, and intended use plan.  All public comments received by the department must be addressed in a written summary.

History: 75-5-1105, MCA; IMP, 75-5-1112, MCA; NEW, 1990 MAR p. 1468, Eff. 7/27/90; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 232, Eff. 2/14/03.

17.40.318   STATE REVOLVING FUND PROJECTS ELIGIBLE FOR CATEGORICAL EXCLUSION FROM MEPA REVIEW

(1) Except as provided in (2), a department action under Title 75, chapter 5, part 11, MCA, and this subchapter is excluded from the requirement to prepare an environmental assessment (EA) or environmental impact statement (EIS) if the application for department review is for any of the following projects:

(a) projects relating to existing infrastructure systems such as sewer systems, drinking water supply systems, and stormwater systems, including combined sewer overflow systems that involve:

(i) minor upgrading;

(ii) minor expansion of system capacity;

(iii) rehabilitation (including functional replacement) of the existing system and system components; or

(iv) construction of new minor ancillary facilities adjacent to or on the same property as existing facilities; or

(b) projects in unsewered communities involving the replacement of existing on-site systems, provided that the new on-site systems do not result in substantial increases in the volume of discharges or in loadings of pollutants from existing sources, and do not relocate existing discharges.

(2) A categorical exclusion may not be granted for a department action under (1) if:

(a) the action would authorize facilities that will provide a new discharge or relocate an existing discharge to ground or surface waters;

(b) the action would result in an increase above permit levels established for the facility under the Montana pollutant discharge elimination system or Montana ground water pollution control system for either volume of discharge or loading rate of pollutants to receiving waters;

(c) the action would authorize facilities that will provide capacity to serve a population at least 30% greater than the existing population;

(d) the action is not supported by the state, or other regional growth plan or strategy;

(e) the action directly or indirectly involves or relates to upgrading or extending infrastructure systems primarily for the purposes of future development;

(f) the department has received information indicating that public controversy exists over the project's potential effects on the quality of the human environment; or

(g) the department determines that the proposed project that is the subject of the state action shows some potential for causing a significant effect on the quality of the human environment, based on ARM 17.4.608, or might possibly affect:

(i) sensitive environmental or cultural resource areas; or

(ii) endangered or threatened species and their critical habitats.

(3) The department shall document its decision to issue a categorical exclusion by referencing the application, providing a brief description of the proposed action, and describing how the action meets the criteria for a categorical exclusion in (1) without violating the criteria in (2).

(4) The department may revoke a categorical exclusion if:

(a) the project is not initiated within the time period specified in the facility plan, or a new or modified application is submitted;

(b) the proposed action no longer meets the requirements for a categorical exclusion because of changes in the proposed action;

(c) new evidence demonstrates that serious local or environmental issues exist; or

(d) state, local, tribal, or federal laws may be violated.

 

History: 75-5-201, 75-5-1105, MCA; IMP, 75-1-201, 75-5-1105, MCA; NEW, 1992 MAR p. 1239, Eff. 6/12/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2009 MAR p. 412, Eff. 4/17/09.