17.30.1807 PROCEDURES FOR GRANTING STATE ENFORCEMENT AUTHORITY TO LOCAL WATER QUALITY DISTRICTS
(1) Whenever a person is in
violation of 75-5-605, MCA, at a location within the district, the department
may request that the district enforce the provisions of Title 75, chapter 5,
MCA, and rules implementing that chapter for the particular violations.
Alternatively, the district may request enforcement authority from the
department in a particular case as specified under this rule.
(2) The district shall submit a letter to the
department requesting authorization to enforce the provisions of Title 75,
chapter 5, MCA, which contains appropriate documentation of the violation(s) as
required by 75-5-106, MCA.
(3) The department shall authorize a district to
enforce the provisions of Title 75, chapter 5, MCA, in response to a district's
request unless the department retains jurisdiction and pursues enforcement.
(4) A district is authorized to enforce the
provisions of Title 75, chapter 5, MCA, and rules implementing that chapter
upon receipt of a letter issued by the department granting enforcement
authority for a particular case. The
department shall respond to the district's request within 5 working days after
the department's receipt of the request.
The letter of authorization may include any limitations or conditions
determined necessary by the department.
Nothing in the grant of authority to a district may be construed to
limit the department's legal responsibility and authority to take enforcement
action against the person responsible for the source of pollution.
(5) The department may revoke the enforcement
authorization for a district if it determines that conditions exist that
warrant such revocation. Such
conditions may include but are not limited to:
(a) the district lacks adequate enforcement
capabilities or resources for effective enforcement efforts;
(b) the district requests the department to
undertake enforcement in the case;
(c) the district has not complied with the conditions
and limitations in the letter of authorization; or
(d) a re-assessment of conditions or change of
conditions that indicate that enforcement by the department would be more
effective than local enforcement.
(6) A district authorized to undertake enforcement
actions pursuant to this section shall coordinate its enforcement activities
with the department in a manner determined by the department.
History: 75-5-106, 75-5-201, MCA; IMP, 75-5-106, MCA; NEW, 1993 MAR p. 543, Eff. 4/16/93; TRANS, from DHES, 1996 MAR p. 1499.