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.