17.30.105    DEPARTMENT CERTIFICATION OPTIONS

(1) Except as provided in (2) , the department shall take one of the following actions upon completing its review of an application for certification submitted under this subchapter:

(a) deny certification for any activity which the department finds will result in a discharge that will violate any effluent limitation or water quality standard stated in or developed pursuant to ARM Title 17, chapter 30;

(b) issue certification for any activity which the department finds will not result in a discharge that will violate any effluent limitation or water quality standard stated in or developed pursuant to ARM Title 17, chapter 30; or

(c) issue conditional certification for any activity that with the conditions imposed will not result in a discharge that will violate any effluent limitation or water quality standard stated in or developed pursuant to ARM Title 17, chapter 30.

(2) The department may waive certification if the department finds that the activity will:

(a) cause minimal or no impacts to the quality of state waters; or

(b) require an application for a Montana pollutant discharge elimination system permit under ARM Title 17, chapter 30, subchapter 13, a Montana groundwater pollution control system permit under ARM Title 17, chapter 30, subchapter 10, a short-term exemption from water quality standards under 75-5-308, MCA, or a short-term narrative water quality standard under 75-5-318, MCA.

History: 75-5-401, MCA; IMP, 75-5-402, 75-5-403, MCA; NEW, 1991 MAR p. 2033, Eff. 11/1/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1999 MAR p. 2256, Eff. 10/8/99.