Current through Register Vol. 18, September 20, 2024
(1) Except as provided
in (2), a department action under this subchapter and under either Title 75, chapter
6, part 1 or Title 75, chapter 6, part 2, MCA, is excluded from the requirement to
prepare an environmental assessment or an environmental impact statement if the
application for department review is for any of the following projects:
(a) projects relating to existing infrastructure
systems such as sewage systems, drinking water supply systems, and stormwater
systems, including combined sewer overflow systems that involve:
(i) minor upgrading;
(ii) minor expansion of system capacity;
(iii) rehabilitation (including functional
replacement) of the existing system and system components; or
(iv) construction of new minor ancillary
facilities adjacent to or on the same property as existing facilities; or
(b) projects in unsewered communities
involving the replacement of existing on-site systems, provided that the new on-site
systems do not result in substantial increases in the volume of discharges or in
loadings of pollutants from existing sources, and do not relocate existing
discharges.
(2) A categorical
exclusion may not be granted for a department action under (1) if:
(a) the action would authorize facilities that
will provide a new discharge or relocate an existing discharge to ground or surface
waters;
(b) the action would result in
an increase above permit levels established for the facility under the Montana
pollutant discharge elimination system or Montana ground water pollution control
system for either volume of discharge or loading rate of pollutants to receiving
waters;
(c) the action would authorize
facilities that will provide capacity to serve a population at least 30% greater
than the existing population;
(d) the
action is not supported by the state, or other regional growth plan or
strategy;
(e) the action directly or
indirectly involves or relates to upgrading or extending infrastructure systems
primarily for the purposes of future development;
(f) the department has received information
indicating that public controversy exists over the project's potential effects on
the quality of the human environment; or
(g) the department determines that the proposed
project that is the subject of the state action shows some potential for causing a
significant effect on the quality of the human environment, based on ARM
17.4.608, or might possibly affect:
(i) sensitive environmental or cultural resource
areas; or
(ii) endangered or threatened
species and their critical habitats.
(3) The department shall document its decision to
issue a categorical exclusion by referencing the application, providing a brief
description of the proposed action, and describing how the action meets the criteria
for a categorical exclusion in (1) without violating the criteria in (2).
(4) The department may revoke a categorical
exclusion if:
(a) the project is not initiated
within the time period specified in the facility plan, or a new or modified
application is submitted;
(b) the
proposed action no longer meets the requirements for a categorical exclusion because
of changes in the proposed action;
(c)
new evidence demonstrates that serious local or environmental issues exist;
or
(d) state, local, tribal, or federal
laws may be violated.
AUTH:
75-6-104, MCA; IMP:
75-6-104,
MCA
