Montana Statewide Rule
Montana Stormwater Discharge Permits Under the Water Quality Act
Key Facts
- Governing statute
- MCA 75-5-401; 75-5-605
- Enforcing agency
- Dept. of Environmental Quality (MPDES)
- Max civil penalty
- $25,000 per day
- Construction filing
- Notice of intent plus prevention plan
- Program
- Montana Pollutant Discharge Elimination System
Summary
Montana requires a Montana Pollutant Discharge Elimination System permit before stormwater reaches state waters. Under MCA 75-5-401, construction-site operators discharge under a general permit by filing a notice of intent and a signed pollution prevention plan with the Department of Environmental Quality.
governing authorization to discharge under a general permit for storm water associated with construction activity. These rules must allow an owner or operator to notify the department of the intent to be covered under the general permit. This notice of intent must include a signed pollution prevention plan that requires the applicant to implement best management practices in accordance with the general permit.
Full Breakdown
The Department of Environmental Quality runs the MPDES stormwater program under the Montana Water Quality Act. Rules adopted under MCA 75-5-401(1)(c) let a construction owner or operator discharge stormwater under DEQ's general permit once the department receives a notice of intent and a signed pollution prevention plan requiring best management practices. Municipal separate storm sewer systems and industrial sites obtain their own MPDES general permits. No one may operate a disposal system that discharges into state waters without a current permit under MCA 75-5-605.
Violations & Penalties
Discharging into state waters without a current MPDES permit is unlawful under MCA 75-5-605. DEQ can seek civil penalties up to $25,000 per day under MCA 75-5-631, with each day counting as a separate violation, plus injunctive relief.
Frequently Asked Questions
Do I need a permit for construction stormwater in Montana?
What is the penalty for discharging without a permit?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.