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(1) Treatment facilities in sufficient size and number consisting of but not limited to collection basins, water retarding structures and siltation dams shall be constructed with prior approval of the department.   All such facilities shall be constructed at or above the points of discharge into receiving streams for the purpose of treating acid or toxic water and for the settling of sediment prior to discharge into the receiving stream.   As part of an application for permit, an operator shall submit the design specifications, drawings, method of operation and control, and quality of discharge of the treatment facilities. The operator shall indicate on the maps submitted as part of an application for permit the proposed location of all treatment facilities.   Proposed reclamation of treatment facilities shall be included in the reclamation plan.   Additional treatment facilities may be required by the department after commencement of the operation if conditions so indicate a need.

(2) All approved and constructed treatment facilities shall be maintained in proper working order by the operator and operated so that they will perform as proposed in the application for permit.   All treatment facilities constructed and approved pursuant to the provisions of this rule shall be monitored by the operator to assure continuous satisfactory performance until approved reclamation has been accomplished.

(3) Permanent water impoundments shall not be allowed unless approved by the department.   If the department determines at any time that the proposed impoundment area will not fill to the expected levels, meet acceptable water quality standards or any other relevant criteria, the impoundment area shall be regraded and surface drainage facilitated.

(4) No water quality treatment of approved lakes or ponds shall be permitted without department approval.

(5) Monthly monitoring reports, where applicable, shall be submitted to the department including the number of operating days, the gallons of drainage treated, a log of the tests made in accordance with ARM 17.24.1819, and a description of any operating problems and the corrective action taken.

History: 82-4-111, MCA; IMP, 82-4-125, MCA; NEW, Eff. 4/4/75; TRANS, from DSL, 1996 MAR p. 2852.

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