For purposes of ARM 17.30.2001 through 17.30.2004, the following terms have the meanings or interpretations indicated below and must be used in conjunction with and supplemental to those definitions contained in 75-5-103 , MCA:

(1) "Class I violation" means:

(a) a violation of a department order;

(b) a discharge of waste that enters state waters without a permit, or in a quantity or quality not authorized by a permit, unless the discharge falls under (3) (c) of this rule as a Class III violation;

(c) failure to comply with a requirement regarding notification of a spill, bypass or upset condition that results in an unpermitted discharge to state waters;

(d) violation of a permit compliance plan or schedule;

(e) failure to provide reasonable access to premises or records when required by 75-5-603 , MCA, a permit, or an order; or

(f) a violation that causes a major harm or poses a major risk of harm to public health or the environment.

(2) "Class II violation" means:

(a) construction, operation, or modification of a disposal system without first obtaining the appropriate permit;

(b) failure to submit a report or plan, as required by rule, permit, or license and not otherwise classified in this rule;

(c) placement of wastes in a location that will cause pollution of state waters;

(d) failure to monitor in accordance with a permit;

(e) failure to pay a permit fee as required by department rule or order; or

(f) any violation that is not otherwise classified in this rule.

(3) "Class III violation" means:

(a) failure to submit a discharge monitoring report of sample analyses by the time specified in an applicable permit;

(b) failure to submit a complete discharge monitoring report;

(c) exceeding a permit condition limiting biochemical oxygen demand (BOD) , carbonaceous biochemical oxygen demand (CBOD) , or total suspended solids (TSS) by a concentration of 20% or less, or exceeding a mass loading limitation by 10% or less;

(d) violation of a removal efficiency requirement by a factor of less than 0.2 times the number value of the difference between 100 and the applicable removal efficiency requirement; or

(e) violation of a pH requirement by less than 0.5 pH.

(4) "Compliance" means meeting requirements of the Water Quality Act, Title 75, chapter 5, MCA, ARM Title 17, chapter 30, and any permit, authorization, or order issued under any of these authorities.

(5) "Permit" means a Montana ground water pollution control system or Montana pollutant discharge elimination system permit issued under ARM Title 17, chapter 30, subchapters 10 and 13 respectively; or an authorization under ARM 17.30.637(3) .

(6) "Requirement" means any applicable provision of the Water Quality Act (Title 75, chapter 5, MCA) , or its implementing rules (ARM Title 17, chapter 30) , or any provision of a permit, authorization, or order issued under any of these authorities.

(7) "Violation", unless otherwise specified within a rule, means a transgression of any requirement of the Water Quality Act, Title 75, chapter 5, MCA, ARM Title 17, chapter 30, and any permit, authorization, or order issued under any of these authorities.