Administrative Rules of Montana
Department 36 - NATURAL RESOURCES AND CONSERVATION
Chapter 36.22 - OIL AND GAS CONSERVATION
Subchapter 36.22.14 - Underground Injection Control
Rule 36.22.1418 - EXEMPT AQUIFERS
Universal Citation: MT Admin Rules 36.22.1418
Current through Register Vol. 6, March 22, 2024
(1) The board may authorize the exemption of an aquifer from classification as an underground source of drinking water provided the aquifer:
(a) does not currently serve as a source of
drinking water; and
(b) is not
reasonably expected to serve as a source of drinking water because:
(i) the aquifer produces, or is capable of
producing, mineral, hydrocarbon, or geothermal energy in commercial quantities;
or
(ii) the aquifer is situated at
a depth or location which makes recovery of the water for drinking water
purposes economically or technologically impractical; or
(iii) the aquifer is so contaminated that it
would be economically or technologically impractical to render the water fit
for human consumption; or
(iv) the
aquifer is located above a Class III well mining area subject to subsidence or
catastrophic collapse; or
(c) the total dissolved solids content of the
groundwater is more than 3000 and less than 10,000 milligrams per liter and the
aquifer is not reasonably expected to supply a public water system.
(2) Exempt aquifers will include:
(a) any aquifer or portion of an aquifer
exempted by EPA prior to the effective date of these regulations;
(b) any aquifer or portion of an aquifer
exempted by the board after the effective date of these regulations
subsequently proposed after notice and hearing, provided such exemption is
approved by EPA as required in 40 Code of Federal Regulations, part
144.7(b)(3);
(c) any aquifer or
portion of an aquifer exempted by the board as part of a public hearing on an
application for an enhanced recovery or area injection permit or other Class II
well; or
(d) any aquifer or portion
of an aquifer proposed by the board for exemption as part of the UIC primacy
delegation or subsequently proposed after notice and hearing, provided such
exemption is approved by EPA.
82-11-111, MCA; IMP, 82-11-111, 82-11-121, 82-11-123, 82-11-124, 82-11-127, 82-11-137, MCA;
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