In this subchapter, the following terms have the meanings indicated below,
certain of which are supplemental to the definitions contained in 75-5-103 and
75-5-1102, MCA, and sections 601 through 607 of the Federal Water Pollution
Control Act, 33 USC 1251 through 1387, as amended. Terms used herein without
definition have the meanings given them in the Act or the federal Act.
(1) "Act" means
the Water Pollution Control State Revolving Fund Act, Title 75, chapter 5, part
11, MCA.
(2) "Department"
means the Montana department of environmental quality established by 2-15-3501,
MCA.
(3) "Department of
natural resources and conservation" means the Montana department of
natural resources and conservation established by 2-15-3301, MCA.
(4) "Eligible water
pollution control projects" means projects that meet the requirements of
the federal Act and are approved by the department, including certain
wastewater collection and treatment system projects, sewage system projects,
storm sewer or storm drainage projects, solid waste management projects, and
other nonpoint source projects.
(5) "EPA" means
the United States environmental protection agency.
(6) "Federal act"
means the federal Act as defined in 75-5-1102, MCA.
(7) "Intended use
plan" or "IUP" means the document prepared annually by the
department that identifies uses of the funds in the program and describes how
those uses support the goals of the program.
(8) "Municipality" means municipality as defined in 75-5-1102, MCA.
(9) "Nonpoint
source" means a source of pollutants that originate from diffuse runoff,
seepage, drainage, or infiltration.
(10) "Nonpoint source
management plan" means the most recent report submitted by the department
to EPA pursuant to 33 USC 1329.
(11) "Nonpoint source
project" means a project that has been approved in the nonpoint source
management plan and that is eligible and has qualified for financing under the
program pursuant to the federal Act, the Act, these rules, and applicable
department of natural resources and conservation rules, and may include,
without limitation, the following:
(a) solid waste management
systems;
(b) manure storage
facilities;
(c) mitigation banks;
(d) urban storm water
runoff;
(e) ground water
protection;
(f) animal feed operations;
(g) no-till farm equipment;
(h) wetlands restoration
and preservation;
(i) stream bank
restoration;
(j) submerged aquatic
vegetation;
(k) construction runoff;
and
(l) conservation easements.
(12) "Project priority
list" means the list of projects expected to receive financial assistance
under the program, ranked in accordance with a priority system developed under
33 USC 1296.
(13) "Private
person" means a private person as defined in 75-5-1102, MCA.
(14) "Professional
engineer" means an engineer licensed or otherwise authorized to practice
engineering in Montana pursuant to Title 37, chapter 67, MCA.
(15) "Program"
means the water pollution control state revolving fund program established by
the Act.
(16) "Project"
has the same meaning as in 75-5-1102, MCA.
(17) "Revolving
fund" means the revolving fund as defined in 75-5-1102, MCA.
(18) "Sewage system"
means any device for collection or conveyance of sewage or industrial wastes to
an ultimate disposal point.
(19) "Solid waste
management system" has the same meaning as in 75-10-203, MCA, except that,
for the purposes of this subchapter, the term includes activities of and
components and improvements to a solid waste management system including, but
not limited to, the acquisition of land, installation of liners, monitoring of
wells, construction and closure of landfills or composting facilities, and all
necessary and related equipment.
(20) "Treatment
works" has the same meaning as in 33 USC 1292.
(21) "Wastewater"
means sewage, sewage sludge, industrial waste, other wastes, or any combination
thereof.
(22) "Wastewater
system" means a public sewage system or other system that collects,
transports, treats or disposes of wastewater.