SENATE BILL NO. 147
INTRODUCED BY B. KEENAN
AN ACT GENERALLY REVISING THE PUBLIC WATER SUPPLIES, DISTRIBUTION, AND TREATMENT LAWS; CLARIFYING THE DEFINITIONS OF "PERSON", "PUBLIC SEWAGE SYSTEM", AND "PUBLIC WATER SUPPLY SYSTEM"; PROHIBITING THE CONTINUED CONSTRUCTION OR OPERATION OF PUBLIC WATER SUPPLY SYSTEMS OR PUBLIC SEWAGE SYSTEMS PRIOR TO DEPARTMENT APPROVAL; LIMITING OWNERSHIP OF PUBLIC WATER SUPPLY SYSTEMS AND PUBLIC SEWAGE SYSTEMS TO INDIVIDUALS, GOVERNMENTAL ENTITIES, AND CERTAIN TYPES OF BUSINESS ENTITIES; REQUIRING AN OWNER OF A PUBLIC WATER SUPPLY SYSTEM OR A PUBLIC SEWAGE SYSTEM TO SUBMIT INFORMATION TO THE DEPARTMENT ON OWNERSHIP STATUS; AMENDING SECTIONS 75-6-102 AND 75-6-112, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 75-6-102, MCA, is amended to read:
"75-6-102. Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Board" means the board of environmental review provided for in 2-15-3502.
(2) "Certified wellhead protection area" means an area certified by the department that protects the surface and subsurface area surrounding a source of ground water for a public water supply system through which contaminants may move toward and reach the source of supply.
(3) "Community water system" means a public water supply system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents.
(4) "Contamination" means impairment of the quality of state waters by sewage, industrial wastes, or other wastes creating a hazard to human health.
(5) "Cross-connection" means a connection between a public water supply system and another water supply system, either public or private, or a wastewater or sewerline or other potential source of contamination so that a flow of water into or contamination of the public water supply system from the other source of water or contamination is possible.
(6) "Department" means the department of environmental quality provided for in 2-15-3501.
(7) "Drainage" means rainfall, surface, and subsoil water.
(8) "Industrial waste" means any waste substance from the processes of business or industry or from the development of a natural resource, together with any sewage that may be present.
(9) "Industrial waste discharge system" means a system that discharges industrial waste into state waters.
(10) "Maximum contaminant level" means the maximum permissible level of a contaminant in water that is delivered to a user of a public water supply system.
(11) "Montana wellhead protection program" means a program administered by the department to certify wellhead protection areas and review wellhead protection ordinances.
(12) "Other waste" means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, sand, ashes, offal, night soil, oil, grease, tar, heat, chemicals, dead animals, sediment, wrecked or discarded equipment, radioactive materials, solid waste, and all other substances that may pollute state waters.
(13) "Person" means an individual, corporation, association, partnership, municipality, other political subdivision of the
state, or federal agency firm, partnership, company, association, corporation, city, town, local government entity, federal
agency, or any other governmental or private entity, whether organized for profit or not.
(14) "Pollution" means contamination or other alteration of the physical, chemical, or biological properties of state waters that exceeds that which is permitted by Montana water quality standards, including but not limited to standards relating to change in temperature, taste, color, turbidity, or odor or the discharge or introduction of a liquid, gaseous, solid, radioactive, or other substance into state water that will or is likely to create a nuisance or render the waters harmful, detrimental, or injurious to public health, recreation, safety, or welfare, to livestock, or to wild animals, birds, fish, or other wildlife. A discharge that is authorized under the pollution discharge permit rules of the board is not pollution under this chapter.
(15) "Public sewage system" means a system of collection, transportation, treatment, or disposal of sewage that serves 15
or more families or 25 or more persons daily for a period of at least 60 any 60 or more days in a calendar year.
(16) "Public water supply system" means a system for the provision of water for human consumption from a community
well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that has at least 15 service
connections or that regularly serves at least 25 persons daily for a period of at least 60 any 60 or more days in a calendar
year.
(17) "Safe Drinking Water Act" means 42 U.S.C. 300f and regulations set forth in 40 CFR, parts 141 and 142.
(18) "Sewage" means water-carried waste products from residences, public buildings, institutions, or other buildings, including discharge from human beings, together with ground water infiltration and surface water present.
(19) "State waters" means a body of water, irrigation system, or drainage system, either surface or underground.
(20) "Transient noncommunity water system" means a public water supply system that is not a community water system and that does not regularly serve at least 25 of the same persons for at least 6 months a year."
Section 2. Section 75-6-112, MCA, is amended to read:
"75-6-112. Prohibited acts. A person may not:
(1) discharge sewage, drainage, industrial waste, or other wastes that will cause pollution of state waters used by a person for domestic use or as a source for a public water supply system or water or ice company;
(2) discharge sewage, drainage, industrial waste, or other waste into state waters or on the banks of state waters or into an abandoned or operating water well unless the sewage, drainage, industrial waste, or other waste is treated as prescribed by the board;
(3) commence or continue construction, alteration, extension, or operation of a system of water supply or water distribution that is designed to be a public water supply system or a system of sewer, drainage, waste, or sewage disposal that is designed to be a public sewage system or industrial waste discharge system before the person submits to the department necessary maps, plans, and specifications for its review and the department approves those maps, plans, and specifications. However, any facility reviewed by the department under Title 75, chapter 5, is not subject to the provisions of this section.
(4) operate or maintain a public water supply system that exceeds a maximum contaminant level established by the board unless the person has been granted or has an application pending for a variance or exemption pursuant to this part;
(5) violate any provision of this part or a rule adopted under this part; or
(6) violate any condition or requirement of an approval issued pursuant to this part."
Section 3. Ownership of public water supply system or public sewage system -- change in status. (1) A person may not own a public water system or a public sewage system unless that person is:
(a) an individual;
(b) a limited partnership;
(c) a limited liability company;
(d) a corporation, whether organized for profit or not;
(e) a city, town, local government entity, or other political subdivision of the state; or
(f) a federal agency.
(2) The owner of a public water supply system or a public sewage system shall, within 90 days after being requested to do so by the department or within 90 days after a transfer in ownership:
(a) submit information on a form provided by the department that details the ownership status of the public water supply system or public sewage system; and
(b) provide other necessary information for the department's records.
Section 4. Codification instruction. [Section 3] is intended to be codified as an integral part of Title 75, chapter 6, part 1, and the provisions of Title 75, chapter 6, part 1, apply to [section 3].
Section 5. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
Section 6. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Section 7. Effective date. [This act] is effective on passage and approval.
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