75-5-410. Water quality requirements — aquifer recharge or certain mitigation plans — minimum requirements. (1) (a) Except as provided in subsection (1)(b), a person who proposes an aquifer recharge or mitigation plan pursuant to 85-2-362 shall apply for, if necessary, a current permit pursuant to this chapter.

Terms Used In Montana Code 75-5-410

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(b)The requirements of this section do not apply to the portion of a mitigation plan that consists of a change in appropriation rights for instream flow filed pursuant to 85-2-402.

(2)The minimum treatment requirements for sewage systems subject to this section are the federal requirements provided for in 40 C.F.R. § part 133, and the system must meet, at a minimum, the requirements of level two treatment for the removal of nitrogen in the effluent.

(3)In addition to the minimum treatment requirements of subsection (2), sewage systems subject to this section that are used for aquifer injection must meet the more stringent of either primary drinking water standards pursuant to Title 75, chapter 6, or the nondegradation requirements pursuant to 75-5-303 at the point of discharge.

(4)In addition to the minimum treatment requirements of subsection (2), sewage systems subject to this section that are used for aquifer recharge must meet either primary drinking water standards pursuant to Title 75, chapter 6, or the nondegradation requirements pursuant to 75-5-303 at the point of discharge.

(5)For the purposes of this section, “aquifer injection” means the use of a well to inject water directly into an aquifer system without filtration through the geologic materials overlying the aquifer system for the purpose of aquifer recharge or for an aquifer storage and recovery project and “aquifer recharge” and “mitigation” have the meanings provided in 85-2-102.