Water

401 Water Quality Certification

The federal Clean Water Act requires state certification for any permit or license issued by a federal agency for an activity that may result in a discharge to state waters, including wetlands.

This requirement allows Montana to have input into federally approved projects that may affect its waters (rivers, streams, lakes, and wetlands) and in protecting water quality by applying state water quality standards. Examples of activities that may require a Section 401 certification include:

• Placement of dredged or fill materials into waters of the state and/or wetlands;
• Structural fill such as culverts and bridge supports;
• Road and utility crossings;
• Dredging, excavation, channel widening, or straightening;
• Flooding, excavating, draining and/or filling a wetland;
• Bank sloping; stabilization;
• Stream channel relocation;
• Water diversions;
• Diversion, obstruction, or change of the natural flow or bed of any waters of the state (e.g., debris removal, bank stabilization, or culverting);
• Constructing a barrier across a stream, channel, or watercourse that will create a reservoir (e.g., dams, weirs, dikes, levees or other similar structures).

Application for Short-Term Water Quality Standard for Turbidity Related to Construction Activity (318)

• The application for Short-Term Water Quality Standard for Turbidity Related to Construction Activity is used to apply for a short-term water quality standard for turbidity related to construction activities (318-Turbidity Authorization).

Nationwide Permits

Nationwide Permits are for projects that have minimal impacts and that qualify for the Nationwide Section 401 Certification. Every five years, the U.S. Army Corps of Engineers reissues Nationwide Permits which authorize specific activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.

• DEQ’s Water Quality Certification for the 2026 Nationwide Permits

We have partnered with state and federal agencies and utilize a Joint Application Form which is available through the Department of Natural Resources & Conservation stream permitting site.

Fees

Fees for applications are based on the gross value of any proposed project and must be submitted with the Joint Application Form. The 401 Certification requires a minimum fee of $400, or 1 percent of the gross value of the proposed project, not to exceed $20,000.

Submit a completed Joint Application Form and pay fees through FACTS under the applicant's organization.

Contact

Keenan Storrar (406) 444-2734

Temporary Turbidity (318 Authorization)

Operators of a short-term construction or construction-related activity that could result in a release of sediment or turbid water must obtain authorization prior to beginning the project. Each authorization will include conditions that minimize, to the extent practicable, the magnitude of any change in water quality and the length of time during which any change may occur. Some may include site-specific requirements that ensure the activity does not have any long-term impact on existing and beneficial uses of state water.

Who Must Apply

Any person, agency, or entity, public or private, initiating construction activity that will cause short-term or temporary violations of state surface water quality standards for turbidity.

Activities Requiring a Permit

Any activity in any state water that will cause unavoidable short-term violations of water quality standards. “State water” includes any body of water, irrigation system, or drainage system, either surface or underground, including wetlands, except for irrigation water where the water is used up within the irrigation system and the water is not returned to other state water.

Application Procedure/Timeline

A 318 Authorization must be obtained prior to initiating a project. The authorization may be obtained from DEQ, or may be waived by Montana Fish, Wildlife & Parks during its review process under the Natural Streambed and Land Preservation Act (310 Permit) or the Stream Protection Act (SPA 124 Permit). Under certain circumstances, Montana Fish, Wildlife & Parks can issue 318 permits on behalf of DEQ.

Individual applications submitted to DEQ are normally processed within 30 to 60 days. Authorizations waived under the 310 or SPA 124 permit processes correspond to the timeframe under each permit system, usually 30 to 60 days. There is an application fee of $250 (make check or money order payable to Water Protection Bureau, Department of Environmental Quality).

Apply for short-term water quality standard for turbidity related construction activity using the Joint Application Form available through the Department of Natural Resources & Conservation (DNRC) stream permitting site.

Contact

Keenan Storrar (406) 444-2734

FACTS is the Water Protection Bureau’s online system to apply for and manage wastewater and stormwater discharge permits. All permits, individual surface and groundwater as well as general permits, are included in the system.

The only "general permit" exceptions are for 318 and 401 authorizations (respectively, these are Short-Term Water Quality Standard for Turbidity Related to Construction Activity and Water Quality Certification for Other Federal Permits & Licenses). These authorizations will be added in a future development phase of the system. For questions or assistance, please call 406-444-5388 or contact Gina Self by email at: gself@mt.gov

System Tutorials and Help

• User Registration and Management
• Manage Organizations
• Manage Organizations Contacts
• Signatory Authorities - Identity Proofing and Electronic Signature Agreement
• Renewing a CAFO
• MPDES/MGWPCS Application
• MPDES/MGWPCS Application Renewal
• Pay Fees
• Sign Application
• Frequently Asked Questions
• FACTS System SW-C Training:
  • PDF of PowerPoint

 Log In to FACTS

Note: This application works best when using Internet Explorer or Chrome.

Production System Login

Request Access to Test System

Contacts

Gina Self (406) 444-5388

Wendy Simons(406) 444-0574

Noncompliance reporting is required when a permittee identifies condition(s) that are not in compliance with or when a permittee determines they will not be able to comply with a condition(s) of their permit. Examples of noncompliance include: any noncompliance that may endanger health or the environment; a discharge of pollutants from the construction project site to state waters; failure of installed best management practices (BMPs); and failure to conduct inspections.

Timelines to Report Noncompliance

Permittees are required to adhere to the following oral and written reporting timelines.

Water Protection Bureau Contacts:

Bureau Chief
Tatiana Davila (406) 444-0420

Program Support Specialist
Theresa Froehlich (406) 444-6764

Compliance, Training, and Technical Assistance: 

Section Supervisor
Chris Romankiewicz (406) 556-4514

Groundwater Permitting (MGWPCS), 401 Certification, and 318 Authorization:

Section Supervisor
Erik Englebert(406) 444-4806

Surface Water Permitting (MPDES):

Section Supervisor
Alanna Shaw (406) 444-3967

Compliance and reporting is critical to maintaining both Montana’s public water supply and the health of Montana lakes, rivers, streams and wetlands. DEQ conducts a variety of inspections and requires mandatory reporting to ensure compliance and protection of public health and Montana waters.

The purpose of a sanitary survey is to protect public health by ensuring a water system is able to consistently and reliably deliver an adequate quality and quantity of safe drinking water to the consumer and to maintain compliance with regulations.

To achieve this, the surveyor will evaluate eight key elements of a water system.

Eight Key Elements of a Sanitary Survey:

• Source
• Treatment
• Distribution system
• Finished water storage
• Pumps, pump facilities, and controls
• Monitoring, reporting, and data verification
• System management and operation
• Operator compliance with state requirements

In addition, technical assistance can be provided during the survey visit. This can be an opportunity to clarify proper monitoring and sampling requirements or procedures and be informed of any upcoming changes in regulations.

How Often are These Surveys Conducted?

Please refer to Sanitary Survey Fact Sheet for information on what to expect and how to prepare for an upcoming sanitary survey.

• Community Water Systems: At leaste every three years
• Non-Transient Non-Community Water System: At least every five years
• Transient Non-Community Water System: At least every five years

The Public Water Supply Monitoring Schedule informs public water system operators, owners, and administrators on: what they must sample for; the required number of samples to be taken; where and when samples are to be taken; correct label information for the sample bottles and forms; and whether the system has met the current requirement.

Public Water Supply Monitoring Schedule

Submitting Public Water Sample Results

Individual system submittals for chlorines, SWTR monthly reports, and miscellaneous system submittals can be emailed to:

• dpws@mt.gov
• DEQChlorine@mt.gov

Submitting Public Water Sample Results - Using Compliance Monitoring Data Portal (CMDP)

The Compliance Monitoring Data Portal is a web-based reporting system created by EPA for laboratories reporting drinking water compliance sample results (and soon for public water systems to report operational data) to state primacy agencies. Nationally, the State Drinking Water Information System (SDWIS) is being replaced and CMDP is the start of this transition to the new SDWIS Prime database

• CMDP replaced the DEQ Lab Application Sample Reporting (LASR) application which has been retired and no longer supported by DEQ.
• In Montana CMDP went into production October 2017
• Information on Drinking Water Certified Lab Program.

Create a CMDP Account - CMDP - Reporting Data - EPA Advanced Shared Services

Submit your water sample results to CMDP - CMDP Login Page

Create a Sample Result Report - CMDP-Lab Report Builder Tool

This report builder tool is for CMDP labs to generate a results report for their customers. This tool provides a splitter that separates the CMDP report by individual PWSID and provides customization features for Lab address, logo, and customer address for a standard mailing window envelope.

Getting Started:

• Save as a zip file, extract all, and will be saved as an html file.
• Expand the instructions and step through to your sample results report.

Issuing a Drinking Water Advisory

Water systems and state or local agencies issue drinking water advisories when they believe water quality is or may be compromised. Advisories tell individuals, schools, hospitals, businesses, and others about the situation and how to take immediate action.

Public Notification Guidance

• Boil Water Order Public Notice MCL
• Boil Water Order Public Notice – Non MCL
• Health Advisory Public Notice MCL
• Health Advisory Public Notice – Non MCL
• Practice Fillable Form
• Health Advisory Tables Denied

Mail, fax or email a copy to the person that sent you the letter. Please consult the specific rule manager for public notice requirements. Be sure to include the name of the DEQ staff person in the mailing address.

Submit information to:

Water Quality Division
c/o (Name of DEQ Employee)
P.O. Box 200901
Helena MT 59620-0901
Fax: (406) 444-1374

Public Water Supply Forms

Consumer Confidence Rule

• CCR Certification Form
• Guidelines for CCR Distribution
• CCR Notice of Availability

Tier 3 Public Notice

• Tier 3 Public Notice Instruction and Certification Form
• UCMR 5 Public Notice Template

Lead and Copper

• Consumer Notice Certification Form of Lead Tap Water Monitoring
• Lead and Copper Consumer Notice Posting Template for Non-Community - Non-Transient Systems
• Lead and Copper Consumer Notice Letter Template for Community Systems
• Sampling Location Change
• How to Calculate 90th Percentile Values
• Lead and Copper Site Sampling Plan
• 90th Percentile Calculator (EXTERNAL LINK)
• Sampling Instructions for NTNC
• Sampling Instructions for Communities

Revised Total Coliform Rule

• Level 1 Assessment Form
• Seasonal System Checklist and Certification Form (Instructions)
• Seasonal Start-up Form
• Montana Site Sampling Plan Form
• Sample Siting Plan Guidance and Instructions

Disinfection By Products Rule

• Quarterly DBP Reporting Form (pdf)
• Change of Sampling Site for Disinfection Byproducts

Fluoride Public Notice

• Instructions for Fluoride MCL Public Notice
• Instructions for Fluoride SMCL Notice

Groundwater Chlorine Monitoring Form

• Daily Chlorine Residual Reporting Form
• Daily Chlorine Residual Reporting Form for Water Haulers

Chemical Waivers

• Chemical Waiver Form
• Asbestos Waiver Request Form

Surface Water Treatment System Report (SWTR)

• For questions regarding reporting please contact the Surface Water Treatment Rule Manager, Josh Seekins.

Water/Sewer Main and Water Supply Well Checklists

• Deviation Form A
• Fillable Deviation Form A
• Deviation Form B
• Fillable Deviation Form B
• Sample Easement Language
• GWUDISW Preliminary Assessment Form
• Well Grout Form
• 2018 Community Water Supply Well Checklist DEQ-1
• 2018 Non-Community Water Supply Well Checklist DEQ-3
• 2014 Water Main Extension and Replacement Checklist
• 2014 Sewer Main Certified Checklist

Subdivision Forms

General Subdivision Forms

• Complete Application Package (Print)
• Complete Application Package (Fillable)
• Guidance & Instructions
• Pre-Application Form (Print)
• Pre-Application Form (fillable)

Application Parts I - IV

• Application Part I - General Description & Information (Print)
• Application Part I - General Description & Information (Fillable)
• Application Part II - Required for Approval under Sanitation in Subdivisions Laws
• Application Part III - Required for Environmental Assessment under the  Subdivision & Platting Act
• Application Part IV - Subdivision Checklist (fillable)
• Application Part IV - Subdivision Checklist (Print)

Other Subdivision Forms

• Municipal Facilities Exclusion Checklist (MFE)
• Municipal Facilities Exclusion Checklist (Fillable)
• Notice of Change to Municipal or District Water & Sewer Checklist
• Notice of Change to Municipal or District Water & Sewer Checklist (Fillable)
• Significance Determination Checklist
• Subdivision Review Fee Calculation - Effective March 1, 2020
• Environmental Assessment Checklist
• Nitrate Calculation Sheet
• Nitrate Calculation Sheet - Includes option for calculating cumulative effects
• Phosphorus Calculation Sheet

Deviation Waiver Request Forms

• Deviation Form A
• Fillable Deviation Form A
• Deviation Form B
• Fillable Deviation Form B
• Public Water Supply Deviation Request

Public Water Supply Field Services: (406) 444-6697

Field Services Supervisor
Lisa Kaufman (406) 444-5313

Field Services Contacts:

Billings Office

Karl Carlson (406) 247-4444

Gretchen Westhoff (406) 247-4438

Helena Office

Rebecca Corbally (406) 444-3358

Gerard Gernand (406) 444-5881

Jason Fladland (406) 444-6861

Kirk Yoder (406) 444-7494

Tomas Maes (406) 444-3782

Kalispell Office

Mike Kropp (406) 755-8971

Cheryl Byle (406) 755-8967

Juelles Brenner (406) 755-8956

Greg Sandberg (406) 755-8972

Nicole Broesel (406) 755-8966

Missoula Office

Elizabeth "JoMay" Adler (406) 541-9016

Sandy Arnold (406) 541-9015

Water Protection Bureau: (406) 444-0917

Compliance Section Supervisor
Chris Romankiewicz (406) 556-4514

Compliance Inspectors:

Billings Office

Dan Freeland (406) 256-7655

Bozeman Office

Chris Romankiewicz (406) 475-2138

Helena Office

Austin Jaynes (406) 444-6747

Luke Scannell (406) 444-7838

Missoula Office

John O'Bannon (406) 437-8333

Reminders will be sent for samples and forms before they are due, generally about 75% through compliance period. For example, total coliform reminders will be targeted for the third week of the month and annual nitrate will be scheduled for the end of the 3^rd quarter (September). Each reminder will be sent specific to a rule (Bacteria will be separate from Chlorine, etc.). For contacts who are signed up as contact for multiple PWS, will receive one email with all the PWS that have outstanding forms or samples. Phone messages will leave a voice message if there is no answer and the phone has a voicemail option.

Reminders will not be sent for all rules. The rules that reminders will be sent include: RTCR - Monthly and Quarterly Bacteria and Seasonal Startup Form; Monthly Chlorine Sheets; Nitrate; Asbestos; SOC, VOC, IOC; DBP (3-year schedules only); Lead and Copper Sample and Consumer Notice; CCR and CCR Certification Form; Radionuclides; and State-Wide Waiver.

Please email the required information to dpws@mt.gov. The required information includes: contact name, PWS name and PWSID, preferred delivery method phone call, text message, or email, phone number or email address.

Reminder contact need not be the operator or administrative contact, it can be anyone the system designates. Contacts that wish to receive reminders for more than one PWS are required to sign up for email reminders only (phone call and text message are not eligible). Each PWS is limited to one phone or text contact and up to five email contacts.

I sampled and still received a reminder. It is likely that the lab has not submitted the sample to DEQ. Please call your lab first and ask them to submit the sample to DEQ or contact the DEQ Rule Manager.

 I signed up for reminders and have not received one yet. If you have been sampling on time it is likely because DEQ has received the samples prior to sending the reminders. You can also confirm the contact information by asking DEQ.

 I did not receive a reminder and then I received a violation. It is the responsibility of water system to maintain compliance. This reminder service is designed to assist water systems but does not replace their responsibility.

Discharge Monitoring and Reporting (DMR) Guidance and Frequently Asked Questions (FAQ) Guidance Document

The Discharge Monitoring Report (DMR) Guidance and Frequently Asked Questions (FAQs) document is intended for the use of water and wastewater permittees and authorized representatives who hold surface or ground water discharge permits that are required to complete, submit, and maintain records of sampling, calculations, Discharge Monitoring Reports (DMRs), and noncompliance reporting for compliance with their MPDES or MGWPCS permit.

MT DEQ Compliance Guide

Montana Pollutant Discharge Elimination System (MPDES) permits for wastewater treatment require the reporting of discharge monitoring results. All Montana facilities required to submit Discharge Monitoring Reports (DMRs) are directed to file electronically with NetDMR. EPA provides guidance and information to NetDMR through its support portal.

I. Attend NetDMR Training before creating a NetDMR account using one of two trainings:

EPA Online Training and Presentations

II. Create an account in NetDMR Test Site

Step 1: Create an account in the NetDMR Test Site (used for training only)

Step 2: Request your permit (s) and practice entering and submitting data in your NetDMR test account.

Step 3: After entering DMRs in the test environment log into the NetDMR Production Site.

III. Create an account in NetDMR Production Site

Step 1: Go to NetDMR Production Site (used for actual DMR submissions)

Step 2: Request your permit and VERIFY that your DMRs in NetDMR production match your permit requirements

Step 3: Submit a subscriber agreement for each permit to which you are requesting NetDMR production access.

Step 4: Enter and submit DMR data in your NetDMR production account per your permit requirements.

Step 5: Print a copy of a submitted DMR (COR).

Electronic Reporting Waiver

Contacts

Wendy Simons 444-0574

Gina Self 444-5388

A sanitary sewer overflow (SSO) is an unintentional discharge of raw sewage from a sanitary sewer that does not occur at the designated waste water treatment plant outfall. SSOs can seriously endanger public health and contaminate waters, causing serious water quality problems.

Timelines to Report Noncompliance

Permittees are required to adhere to the following oral and written reporting timelines.

24-Hour Notification

Information must be provided orally to the Department of Environmental Quality (DEQ) within 24 hours from the time the overflow was discovered. The 24-hour report of noncompliance must be made to the DEQ Water Protection Bureau at (406) 444-5546 or 444 - 6697 or to the state Office of Disaster and Emergency services at (406) 431-0411.

Written Report

A written report must also be provided within five days from the time the overflow was discovered. All sanitary sewer overflows, no matter the circumstances or cause, must be reported to DEQ, even if you do not believe a violation has occurred. See the documents below for additional information regarding timelines and reporting requirements for a sanitary sewer overflow.

SSO Reporting Form

DEQ is authorized by state law to require compliance with environmental laws, federal regulations, and state rules regulating surface water discharge and storm water permits. Compliance activities include traditional enforcement methods, such as inspections and public complaint response, as well as technical assistance.

General Compliance Evaluation Inspections

Compliance Evaluations Inspections (CEI) determine a facility’s status with regulations, permit conditions, and other program requirements. Inspectors also verify the adequacy of sampling and monitoring conducted and the accuracy of information submitted to DEQ.

Compliance Inspection Process

There are four major components of a compliance evaluation inspection. In addition, the review and submission of the inspection report package is to be completed by the permittee following the inspection:

1. Entrance Meeting
2. Records Review
3. Site Evaluation
4. Reporting Preliminary Findings
5. Inspection Report

Entrance Meeting

During the entrance meeting, the inspector will inform the on-site personnel of the reason for the Compliance Evaluation Inspection and provide an overview of the process. Examples of information discussed during this portion of the CEI include:

• Identification/verification of the owner/operator;
• A determination of who is the authorized representative for the facility;
• A determination of whether the facility is being leased, the names, addresses, and telephone numbers of the lessor and lessee;
• Address questions concerning the history of the facility including any discharges which may have occurred;
• A determination of the conditions at the facility as they exist at the time of the CEI.

Records Review

During the Records Review portion of the CEI, the compliance inspector will review the facility-specific records to ensure the permit stipulated recordkeeping and reporting conditions are being met. Depending on the type of permit, the inspector may request copies of the following information:

• General Permit/Authorization Letter
• Individual Permit
• Operational/Laboratory/Facility Monitoring Records

Facility Site Evaluation

During the Facility Site Evaluation, the compliance inspector will assess site conditions and determine if the number and location of discharges are as described in the permit, and if the discharges are in accordance with the permit provisions. The inspector will verify operational conditions, including best management practices. The inspector will also review whether nutrient reduction plans are being implemented, assess the condition and adequacy of implemented plans, and determine areas of noncompliance.

Report of Preliminary Findings

At the conclusion of the inspection, the compliance inspector will provide preliminary findings and explain the Inspection Report process. If additional information is required from the permittee to complete the CEI, the inspector will provide a list of information and specify a date for submittal. Permittees are encouraged to ask questions so issues that arose during the inspection can be clarified.

Note: Any information presented during the exit report is preliminary. The final factual findings and observations will be documented in the Inspection Report Package.

Inspection Report

Documented areas of noncompliance that require the permittee to complete corrective action will be reported in the Inspection Report and require the permittee to complete corrective actions to return to compliance. Additional information included in the Inspection Report Package may include areas of potential noncompliance. The Final Inspection Report Package will include:

• Cover Letter
• Completed MPDES 3560 Compliance Inspection Form
• Narrative Inspection Report
• Photo Report

The permittee is required to compose a written response addressing each one of the factual findings and observations presented in the Narrative Inspection Report. The Letter of Violation will specify a date the written response is due. Please contact the inspector if there are questions regarding the content of the Narrative Inspection Report or if assistance is needed in composing a required response.

For further information, contact the Water Protection Bureau at (406) 444-5546.

Storm Water Construction Compliance Evaluation Inspection (CEI)

The purpose of a storm water construction Compliance Evaluation Inspection (CEI) is to assess the adequacy of the Storm Water Pollution Prevention Plan (SWPPP) by ensuring the plan meets the requirements of the General Permit, reviewing how pollutants are being managed, and determining whether pollutants are being discharged from the construction site and to state waters.

Storm water construction CEIs are typically completed during and/or immediately following precipitation events. During a CEI, an inspector will conduct a records review, facility site evaluation, and review the SWPPP and SWPPP Site Map to ensure compliance with the General Permit.

For additional information about CEIs, contact the Water Protection Bureau at (406) 444-5546.

Storm Water Construction Records Review Checklist

Noncompliance reporting is required when a permittee identifies condition(s) that are not in compliance with or when a permittee determines they will not be able to comply with a condition(s) of their permit. Examples of noncompliance include: any noncompliance that may endanger health or the environment; a discharge of pollutants from the construction project site to state waters; failure of installed best management practices (BMPs); and failure to conduct inspections.

Timelines to Report Noncompliance

Permittees are required to adhere to the following oral and written reporting timelines.

Wastewater Standard Operating Procedures

• SOP and Preventative Maintenance for Aerators and Mixers in Lagoons
• Basic Lagoon Wastewater Treatment Manual
• Lift Station Maintenance
• Lock Out / Tag Out
• Personal Protective Equipment (PPE)
• Requirements For Submitting Noncompliance Reporting Forms
• Sanitary Sewer Overflows
• SOP For Sampling
• On-Site Wastewater Treatment Manual
• SOP For The Laboratory
• Special Sampling and Handling Requirements
• Ground-Water Sampling Record
• Confined Space Entry Permit

Water Protection Bureau: (406) 444-5546

Compliance, Training, and Technical Assistance Section Supervisor
Chris Romankiewicz (406) 556-4514