In this subchapter, the following terms have the meanings
or interpretations indicated below and shall be used in conjunction with and
are supplemental to those definitions contained in 75-5-103, MCA. If not
defined in this rule, terms used in this subchapter have the meanings set out
in the definitions in ARM Title 17, chapter 30, subchapter 13.
(1) "Best management
practices (BMPs) " means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or
reduce the pollution of state waters. BMPs also include treatment
requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw material
(2) "Discharge of a
pollutant" and "discharge of pollutants" each means any addition
of any pollutant or combination of pollutants to state waters from any point
source. This definition includes additions of pollutants into water of the
state from surface runoff that is collected or channeled by man and discharges
through pipes, sewers, or other conveyances owned by a state, municipality, or
other person that do not lead to a treatment works. This term does not include
the addition of pollutants by an indirect discharger.
monitoring report (DMR) " means the department uniform form for the
reporting of self-monitoring results by permittees.
(4) "Facility or
activity" means any MPDES point source or any other facility or activity
(including land or appurtenances thereto) that is subject to regulation under
the MPDES program.
stabilization" means the time at which all soil-disturbing activities at a
site have been completed and a vegetative cover has been established with a
density of at least 70% of the pre-disturbance levels, or equivalent permanent,
physical erosion reduction methods have been employed. Final stabilization
using vegetation must be accomplished using seeding mixtures or forbs, grasses,
and shrubs that are adapted to the conditions of the site. Establishment of a
vegetative cover capable of providing erosion control equivalent to
pre-existing conditions at the site will be considered final stabilization.
permit" means an MPDES permit issued under ARM 17.30.1341 authorizing a
category of discharges under the Act within a geographical area.
discharge" means any discharge to a municipal separate storm sewer that is
not composed entirely of storm water except discharges pursuant to an MPDES
permit (other than the MPDES permit for discharges from the municipal separate
storm sewer) and discharges resulting from fire fighting activities.
(8) "Infiltration" means water other than wastewater that enters a sewer
system (including sewer service connections and foundation drains) from the
ground through such means as defective pipes, pipe joints, connections, or
manholes. Infiltration does not include inflow.
means water other than wastewater that enters a sewer system (including sewer
service connections) from sources including, but not limited to, roof leaders,
cellar drains, yard drains, area drains, drains from springs and swampy areas,
manhole covers, cross connections between storm sewers and sanitary sewers,
catch basins, cooling towers, storm waters, surface runoff, street wash waters,
or drainage. Inflow does not include infiltration.
(10) "Major municipal
separate storm sewer outfall" or "major outfall" means a
municipal separate storm sewer outfall that discharges from a single pipe with
an inside diameter of 36 inches or more or its equivalent (discharge from a
single conveyance other than circular pipe which is associated with a drainage
area of more than 50 acres) ; or, for municipal separate storm sewers that
receive storm water from lands zoned for industrial activity (based on
comprehensive zoning plans or the equivalent) , an outfall that discharges from
a single pipe with an inside diameter of 12 inches or more or from its
equivalent (discharge from other than a circular pipe associated with a
drainage area of two acres or more) .
(11) "Montana pollutant
discharge elimination system (MPDES) " means the system developed by the
board and department for issuing permits for the discharge of pollutants from
point sources into state waters. The MPDES is specifically designed to be
compatible with the federal NPDES program established and administered by the
(12) "MS4" means
a municipal separate storm sewer system.
separate storm sewer" means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that discharges to
surface waters and is:
(a) owned or operated by
the state of Montana, a governmental subdivision of the state, a district,
association, or other public body created by or pursuant to Montana law,
including special districts such as sewer districts, flood control districts,
drainage districts and similar entities, and designated and approved management
agencies under section 208 of the federal Clean Water Act, which has
jurisdiction over disposal of sewage, industrial wastes, storm water, or other
wastes, and is:
(i) designed or used for
collecting or conveying storm water;
(ii) not a combined sewer;
(iii) not part of a
publicly owned treatment works (POTW) as defined in ARM Title 17, chapter 30,
means a point source, as defined in this subchapter, at the point where a
municipal separate storm sewer discharges to surface waters. The term does not
include open conveyances connecting two municipal separate storm sewers, or
pipes, tunnels or other conveyances that connect segments of the same stream or
other surface waters and that are used to convey surface waters.
means any material of any nature, consolidated or unconsolidated, that overlies
a mineral deposit or economically mineable geologic material (e.g., coal) ,
excluding topsoil or similar naturally occurring surface materials that are not
disturbed by mining operations.
(16) "Owner or
operator" is defined at 75-5-103, MCA.
means an authorization or license issued by EPA or an approved state to
implement the requirements of this rule and 40 CFR Parts 123 and 124. The term
includes an NPDES general permit (ARM 17.30.1341) . The term does not include
any permit that has not yet been the subject of final agency action, such as a
"draft permit" or a "proposed permit".
source" means any discernible, confined, or discrete conveyance including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation,
landfill leachate collection system, vessel or other floating craft, from which
pollutants are or may be discharged. This term does not include return flows
from irrigated agriculture or agricultural storm water runoff.
means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and
industrial, municipal, and agricultural wastes discharged into water. The
terms "sewage," "industrial waste," and "other
wastes" as defined in 75-5-103, MCA, are interpreted as having the same
meaning as pollutant.
wastewater" means any water that, during manufacturing or processing,
comes into direct contact with or results from the production or use of any raw
material, intermediate product, finished product, byproduct, or waste product.
coefficient" means the fraction of total rainfall that will appear at a
conveyance as runoff.
(22) "Site" means
the land or water area where any facility or activity is physically located or
conducted, including adjacent land used in connection with the facility or
(23) "Small municipal
separate storm sewer system" means:
(a) small MS4s, and
portions of them, that are located in the following urbanized areas in Montana
as determined by the latest decennial census by the United States census
(i) the city of Billings
and Yellowstone County;
(ii) the city of Missoula
and Missoula County; and
(iii) the city of Great
Falls and Cascade County;
(b) the following small MS4s serving a population of at least 10,000 as
determined by the latest decennial census by the United States census bureau
and that are located outside of an urbanized area:
(i) MS4s located in the city of Bozeman;
(ii) MS4s located in the city of Butte;
(iii) MS4s located in the city of Helena; and
(iv) MS4s located in the city of Kalispell;
(c) MS4s designated by the department pursuant to ARM 17.30.1107; and
(d) systems similar to separate storm sewer systems in
municipalities, such as systems at military bases, large educational, hospital
or prison complexes, and highways and other thoroughfares. The term does not include separate storm
sewers in very discrete areas, such as individual buildings.
(24) "Small MS4" means a small municipal separate storm sewer
(25) "Source" means any building, structure, facility, or
installation from which there is or may be a discharge of pollutants.
(26) "State waters" is defined at 75-5-103, MCA.
(27) "Storm water" means storm water runoff, snow melt runoff, and
surface runoff and drainage.
(28) "Storm water discharge associated with construction activity"
means a discharge of storm water from construction activities including
clearing, grading, and excavation that result in the disturbance of equal to or
greater than one acre of total land area.
For purposes of these rules, construction activities include clearing,
grading, excavation, stockpiling earth materials, and other placement or
removal of earth material performed during construction projects. Construction activity includes the
disturbance of less than one acre of total land area that is a part of a larger
common plan of development or sale if the larger common plan will ultimately
disturb one acre or more.
(a) Regardless of the acreage of disturbance resulting from a construction
activity, this definition includes any other discharges from construction
activity designated by the department pursuant to ARM 17.30.1105(1 ) ( f) .
(b) For construction activities that result in disturbance of less than five
acres of total land area, the acreage of disturbance does not include routine
maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original purpose of the facility.
(c) For construction
activities that result in disturbance of five acres or more of total land area,
this definition includes those requirements and clarifications stated in
(29) (a) , (b) , (d) and (e) .
(29) "Storm water
discharge associated with industrial activity" means a discharge from any
conveyance that is used for collecting and conveying storm water and that is
directly related to manufacturing, processing or raw materials storage areas at
an industrial plant.
(a) For the categories of
industries identified in this definition, the term includes, but is not limited
to, storm water discharges from industrial plant yards; immediate access roads
and rail lines used or traveled by carriers of raw materials, manufactured
products, waste material, or by-products used or created by the facility;
material handling sites; refuse sites; sites used for the application or
disposal of process wastewaters (as defined in this subchapter) ; sites used for
the storage and maintenance of material handling equipment; sites used for
residual treatment, storage, or disposal; shipping and receiving areas;
manufacturing buildings; storage areas (including tank farms) for raw
materials, and intermediate and final products; and areas where industrial
activity has taken place in the past and significant materials remain and are
exposed to storm water.
(b) For the categories of
industries identified in (e) (ix) of this definition, the term includes only
storm water discharges from all the areas (except access roads and rail lines) that are listed in the previous sentence where material handling equipment or
activities, raw materials, intermediate products, final products, waste
materials, by-products, or industrial machinery are exposed to storm water.
(c) For the purposes of
this definition, material handling activities include the storage, loading and
unloading, transportation, or conveyance of any raw material, intermediate
product, finished product, by-product, or waste product. The term excludes
areas located on plant lands separate from the plant's industrial activities,
such as office buildings and accompanying parking lots as long as the drainage
from the excluded areas is not mixed with storm water drained from the above
(d) Industrial facilities
(including industrial facilities that are federally, state, or municipally
owned or operated that meet the description of the facilities listed in (e) (i) through (ix) and (30) ) include those facilities designated under the provisions
of ARM 17.30.1105(1) (f) .
(e) The following
categories of facilities are considered to be engaging in "industrial
activity" for the purposes of this definition:
(i) facilities subject to
storm water effluent limitations guidelines, new source performance standards,
or toxic pollutant effluent standards under 40 CFR subchapter N (except
facilities with toxic pollutant effluent standards that are exempted under
category (e) (ix) of this definition) ;
(ii) facilities classified
as standard industrial classifications 24 (except 2434) , 26 (except 265 and
267) , 28 (except 283) , 29, 311, 32 (except 323) , 33, 3441, 373;
(iii) hazardous waste treatment,
storage, and disposal facilities, including those that are operating under
interim status or a permit under subtitle C of the federal Resource
Conservation and Recovery Act (RCRA) ;
(iv) landfills, land
application sites, and open dumps that receive or have received any industrial
wastes (waste that is received from any of the facilities described under this
definition, or under the definitions of "storm water discharge associated
with mining and oil and gas activities," and "storm water discharge
associated with construction activity" that will result in
construction-related disturbance of five acres or more of total land area) including those that are subject to regulation under subtitle D of RCRA;
(v) facilities involved in
the recycling of materials, including metal scrapyards, battery reclaimers,
salvage yards, and automobile junkyards including, but not limited to, those
classified as standard industrial classification 5015 and 5093;
(vi) steam electric power
generating facilities, including coal handling sites;
facilities classified as standard industrial classifications 40, 41, 42 (except
4221-25) , 43, 44, 45, and 5171, which have vehicle maintenance shops, equipment
cleaning operations, or airport deicing operations. Only those portions of a
facility that are involved in vehicle maintenance
rehabilitation, mechanical repairs, painting, fueling, and lubrication) ,
equipment cleaning operations, airport deicing operations, or that are
otherwise identified under this definition are associated with industrial
(viii) treatment works
treating domestic sewage or any other sewage sludge or wastewater treatment
device or system, which is used in the storage, treatment, recycling, or reclamation
of municipal or domestic sewage, including land dedicated to the disposal of
sewage sludge that is located within the confines of the facility, and which
has a design flow of 1.0 mgd or more or is required to have an approved
pretreatment program under 40 CFR Part 403. Not included are farm lands,
domestic gardens, and lands used for sludge management where sludge is
beneficially reused and that are not physically located in the confines of the
facility, and areas that are in compliance with section 405 of the federal
Clean Water Act; and
(ix) facilities under
standard industrial classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27,
283, 285, 30, 31 (except 311) , 323, 34 (except 3441) , 35, 36, 37 (except 373) ,
38, 39, and 4221-25, (and which are not otherwise included within (e) (i) through (e) (viii) of this definition) .
(30) "Storm water
discharge associated with mining and oil and gas activity" means the same
as the definition for "storm water discharges associated with industrial
activity" except that the term pertains only to discharges from facilities
classified as standard industrial classifications 10 through 14 (mineral
industry) that discharge storm water contaminated by contact with or that has
come into contact with, any overburden, raw material, intermediate products,
finished products, byproducts, or waste products located on the site of such
operations. Such facilities include active and inactive mining operations
(except for areas of coal mining operations no longer meeting the definition of
a reclamation area under 40 CFR 434.11(1) because the performance bond issued
to the facility by the appropriate SMCRA authority has been released, and
except for areas of non-coal mining operations that have been released from
applicable state or federal reclamation requirements after December 17, 1990) ;
and oil and gas exploration, production, processing, or treatment operations;
and transmission facilities. "Inactive mining operations" are mining
sites that are not being actively mined but that have an identifiable
owner/operator, but do not include sites where mining claims are being
maintained prior to disturbances associated with the extraction, beneficiation,
or processing of mined materials, nor sites where minimal activities are
undertaken for the sole purpose of maintaining a mining claim.
(31) "Storm water
pollution prevention plan (SWPPP) " means a document developed to help
identify sources of pollution potentially affecting the quality of storm water
discharges associated with a facility or activity, and to ensure implementation
of measures to minimize and control pollutants in storm water discharges
associated with a facility or activity. The department determines specific
requirements and information to be included in a SWPPP based on the type and
characteristics of a facility or activity, and on the respective MPDES permit
waters" means any waters on the earth's surface including, but not limited
to, streams, lakes, ponds, and reservoirs, and irrigation and drainage systems
discharging directly into a stream, lake, pond, reservoir, or other surface
water. Water bodies used solely for treating, transporting, or impounding
pollutants shall not be considered surface water.
(33) "Total maximum
daily load" or "TMDL" is defined at 75-5-103, MCA.
sanitary landfill" means a landfill or open dump, whether in operation or
closed, that does not meet the requirements for runon or runoff controls
established pursuant to subtitle D of the Montana Solid Waste Disposal Act.
(35) "Waste load
allocation" means the portion of a receiving water's loading capacity that
is allocated to one of its existing or future point sources.