The following discharges do not require MPDES permits:

(1) Discharges of dredged or fill material into waters of the United States which are regulated under section 404 of the federal Clean Water Act.

(2) The introduction of sewage, industrial wastes or other pollutants into publicly owned treatment works by indirect dischargers. Plans or agreements to switch to this method of disposal in the future do not relieve dischargers of the obligation to have and comply with permits until all discharges of pollutants to state waters are eliminated (see also ARM 17.30.1350(2) ) . This exclusion does not apply to the introduction of pollutants to privately owned treatment works or to other discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other party not leading to treatment works.

(3) Any discharge in compliance with the instructions of an on-scene coordinator pursuant to 40 CFR Part 300 et seq. (The National Oil and Hazardous Substances Pollution Plan) or 33 CFR Parts 153-157 (Pollution by Oil and Hazardous Substances) .

(4) Any introduction of pollutants from non point-source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, range lands, and forest lands, but not discharges from concentrated animal feeding operations as defined in ARM 17.30.1304(3) , discharges from concentrated aquatic animal production facilities as defined in ARM 17.30.1304(6) , discharges to aquaculture projects as defined in ARM 17.30.1304(5) , and discharges from silvicultural point sources as defined in ARM 17.30.1304(56) .

(5) Return flows from irrigated agriculture.

(6) Discharges into a privately owned treatment works, except as the department may otherwise require under ARM 17.30.1344.

(7) The board hereby adopts and incorporates herein by reference 40 CFR Part 300 and 33 CFR 153.101 which are federal agency rules setting forth requirements concerning releases of hazardous wastes or petroleum products. See ARM 17.30.1303 for complete information about all materials incorporated by reference.