Current through Register Vol. 6, March 22, 2024
(1) Except as
provided in (2), a department action under Title 75, chapter 5, part 11, MCA,
and this subchapter is excluded from the requirement to prepare an
environmental assessment (EA) or environmental impact statement (EIS) if the
application for department review is for any of the following projects:
(a) projects relating to existing
infrastructure systems such as sewer 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.
75-5-201,
75-5-1105, MCA; IMP,
75-1-201,
75-5-1105,
MCA;
