(1) There is designated a Bitterroot Valley Sanitary Landfill Controlled Groundwater Area (BVSL CGWA). The BVSL CGWA is an area of approximately 80 acres located approximately 0.80 miles south of the unincorporated town of Victor, Montana, and is generally described as follows:  

(a)  The BVSL CGWA includes the Bitterroot Valley Sanitary Landfill historic waste disposal pit (Facility) and the designated area where hazardous or deleterious substances exceed Montana Numeric Water Quality Standards, or the pumping of groundwater may induce contaminant migration. The area includes 80 acres located within the following legal description:  S1/2S1/2 Section 31 T8N R20W; N1/2N1/2NW1/4 Section 6 T7N R20W.

(b) A map of the area within the BVSL CGWA described in (1)(a) is posted on the department's website.

(2) The following controls apply in the BVSL CGWA:

(a) Water from the upper aquifer layers where contamination exceeding DEQ-7 standards is present may not be appropriated for potable use.  Water from the deeper aquifer may be appropriated for potable use with express prior written approval from the Montana Department of Environmental Quality (DEQ) pursuant to (2)(c).

(b) Except as provided in (2)(c), no new groundwater developments or changes to existing groundwater appropriations are allowed within the BVSL CGWA, and the department may not accept or process any of the following for groundwater:

(i)  a Notice of Completion pursuant to 85-2-306(3), MCA;

(ii) a Replacement Well Notice, Form 634;

(iii)  an Application for Beneficial Water Use Permit, Form 600GW; or

(iv)  an Application for Change of Appropriation Right, Form 606.

(c) New uses, or changes of existing uses, of groundwater within the BVSL CGWA may not occur for any purpose other than monitoring water quality and quantity without the express prior written approval from DEQ.  The department may accept and process the following applications and forms pursuant to 85-2-311 and 85-2-402, MCA, when the application or form is accompanied by documentation of prior written approval from DEQ and the applicant demonstrates the withdrawals will not contribute to expansion of the contaminated plume outside of the BVSL CGWA boundaries:

(i)  an Application for Beneficial Use Permit, Form 600;

(ii)  an Application for Change of Appropriation Right, Form 606; or

(iii)  a Redundant Well Construction Notice, Form 635.

(3)  Monitoring wells within the boundaries of the BVSL CGWA must be approved by DEQ. The integrity of all monitoring wells must be maintained, no seals may be removed on any closed wells, and no wells may be abandoned within the BVSL CGWA without the express prior written approval of DEQ. Monitoring wells must be installed, maintained, and abandoned in compliance with ARM Title 36, chapter 21.

(4) An applicant for a Water Use Permit, Change Authorization, or for authorization to drill a well within the boundary of the BVSL CGWA pursuant to (2)(c) must establish by clear and convincing evidence that:

(a)  the well will be constructed in a manner that prohibits the contaminant from using the well as a migration pathway to another aquifer;

(b)  the proposed well driller possesses a valid Montana Well Driller License; and

(c)  the proposed well driller has experience drilling wells in state-controlled groundwater areas, State Superfund facilities, or Federal Superfund sites.  

(5) If groundwater within the BVSL CGWA is restored to acceptable conditions, the petitioner or other qualifying petitioners may request the CGWA designation be lifted or changed in size.

(6) This rule revokes and replaces the department's February 9, 2004, Order Designating Controlled Groundwater Area In Matter of Petition No. 76H-30003426 and May 28, 2004, Modification to Order Designating Controlled Groundwater Area In Matter of Petition No. 76H-30003426.