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Montana State Pollutant Discharge Elimination System Permit (14-MT-b)

Information current as of 2022
In Montana, a geothermal developer may need a Montana Pollutant Discharge Elimination System (MPDES) permit from the Montana Department of Environmental Quality (MDEQ) to discharge pollutants from any point source into waters of the United States in the state. ARM 17.30.1301(1). The Clean Water Act prohibits the discharge of pollutants from a point source into a water of the United States unless the discharging facility has a wastewater discharge permit. The permit limits the types and amounts of substances that can be discharged and sets monitoring and reporting requirements and other provisions to ensure that the discharge does not harm water quality or human health. MDEQ has primary authority for issuing most new National Pollutant Discharge Elimination System (NPDES) permits in the state of Montana through its MPDES program.


All point sources of wastewater discharge are required to obtain and comply with MPDES permits. The effluent limitations and other conditions for certain categories of wastewaters are required to be treated to federally-specified minimum levels based on available and achievable water treatment technologies. Additonally, effluent limits and permit conditions are established to protect beneficial uses and applicable Water Quality Standards (WQS). DEQ MPDES Website.

Waters of the United States

The definition of waters of the United States is applicable to the NPDES permit process through 40 C.F.R. § 122.2. Waters of the United States for purposes of the Clean Water Act, Clean Water Act, 33 U.S.C. § 1251 et seq., and its implementing regulations is defined in 40 CFR 230.3(o), establishing the jurisdictional waters under the Act. The definition of waters of the United States includes all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. Also included are tributaries, lakes and ponds, impoundments of jurisdictional waters, and adjacent wetlands.

The definition of waters of the United States extends to certain waters associated with jurisdictional waters. See 40 CFR 230.3(o)(1)(iv) through (vii). The definition includes all impoundments of jurisdictional waters. The definition includes waters adjacent to jurisdictional waters within a minimum of 100 feet and within the 100-year floodplain to a maximum of 1,500 feet of the ordinary high water mark. The definition also includes waters with a significant nexus to jurisdictional waters including, Prairie potholes, Carolina & Delmarva bays, pocosins, western vernal pools in California, and Texas coastal prairie wetlands; and those waters within the 100-year floodplain of a traditional navigable water, interstate water, or the territorial sea, as well as waters within 4,000 feet of jurisdictional waters.

The waters of the United States do not include numerous sources of water even where they otherwise meet the terms of 40 CFR 230.3(o)(1)(iv) through (vii). Generally not included are waters associated with waste treatment systems, prior converted cropland, ditches, numerous types of artificial features, groundwater, stormwater control features, and structures related to wastewater recycling (for a detailed description, see 40 CFR 230.3(o)(2)).


On October 22, 2019, the EPA and USACE published a final rule to repeal the 2015 Rule defining “waters of the United States” and re-codify the regulatory text that existed prior to the 2015 Rule. This final rule became effective on December 23, 2019, but was replaced by the Navigable Waters Protection Rule on June 22, 2020. The final rule establishes categorical bright lines to improve clarity and predictability for regulators and the regulated community by defining “waters of the United States” to include the following four categories: (1) The territorial seas and traditional navigable waters; (2) tributaries of such waters; (3) certain lakes, ponds, and impoundments of jurisdictional waters; and (4) wetlands adjacent to other jurisdictional waters (other than waters that are themselves wetlands). The final rule eliminates the case-specific application of the agencies' previous interpretation of Justice Kennedy's significant nexus test in the Rapanos Guidance, and instead establishes clear categories of jurisdictional waters that adhere to the basic principles articulated in the Riverside Bayview, SWANCC, and Rapanos decisions while respecting the overall structure and function of the CWA.

On November 18, 2021, the U.S. Environmental Protection Agency and the Department of the Army announced the signing of a proposed rule to revise the definition of “waters of the United States.” On December 7, 2021, the proposed rule was published in the Federal Register. The public comment period closed on February 7, 2022. Developers should continue to monitor the issue at the state and national level. The EPA provides information on the ongoing effort to implement the EPA Clean Water Rule.



State Pollutant Discharge Elimination System Permit Process


14-MT-b.1 - Does the Discharge Fall Under the Criteria for MPDES General Permit?

An MPDES General Permit is a pre-existing permit for wastewater discharges associated with common activities, such as concentrated animal feeding operations and stormwater discharges from construction or industrial activity. Authorizations for General Permits are issued if a facility or activity falls within the guidelines of the existing permit. The process for obtaining authorization under a General Permit is expedient and consists of application, review, and authorization within 30 days.

General Permits:

  • Construction Dewatering
  • Produced Water
  • Suction Dredges
  • Sand and Gravel
  • Domestic Sewage Treatment Lagoons
  • Disinfected Water

(See DEQ MPDES Website)


14-MT-b.2 - Certified Application for MPDES Individual Permit (Application Specific to New, Existing, or Municipal Dischargers), Fee

Individual MPDES Permits regulate wastewater discharges from point sources that do not fall under the guidelines for a General Permit. The individual permitting process is more rigorous, as individual permits address the specific conditions of the facility or activity needing authorization.


Applicants should fill out Montana Form 1 - General Information first in order to determine which EPA form the applicant should use. For new industrial or commercial dischargers use:

(See DEQ MPDES Website)


14-MT-b.3 - Review Application Materials for Completeness

The department shall examine plans and other information needed to determine whether a permit should be issued or suggest changes in plans as a condition to the issuance of a permit.

(MCA 75-5-402)


The department shall review for completeness all applications for new permits within 60 days of the receipt of the initial application.

(MCA 75-5-403(1))


14-MT-b.4 - Is the Application Complete?

An application is considered complete unless the applicant is notified of a deficiency within the appropriate review period.

(MCA 75-5-403(1))


14-MT-b.5 to 14-MT-b.6 - Written Notice to Developer

The initial completeness notice must note all major deficiency issues, based on the information submitted. The department and the applicant may extend these timeframes, by mutual agreement, by not more than 75 days.

If the department denies an application for a permit or modifies a permit, the department shall give written notice of its action to the applicant or holder and the applicant or holder may request a hearing before the board, in the manner stated in 75-5-611, for the purpose of petitioning the board to reverse or modify the action of the department. The hearing must be held within 30 days after receipt of written request. After the hearing, the board shall affirm, modify, or reverse the action of the department. If the holder does not request a hearing before the board, modification of a permit is effective 30 days after receipt of notice by the holder unless the department specifies a later date. If the holder does request a hearing before the board, an order modifying the permit is not effective until 20 days after receipt of notice of the action of the board.

(MCA 75-5-403)


14-MT-b.7 - Application for MPDES General Permit (Application Specific to Activity), Fee

The developer should apply for the applicable general permit based on the parameters listed in the "General Permit" link under each activity. If the developer's activity falls outside the descriptions of the any of the General Permits, the developer must apply for an individual permit.

Construction Dewatering:

Produced Water:

Suction Dredges:

Sand and Gravel:

Domestic Sewage Treatment Lagoons:

Disinfected Water:


14-MT-b.8 - Review Application Materials for Completeness

The department shall examine plans and other information needed to determine whether a permit should be issued or suggest changes in plans as a condition to the issuance of a permit.

(§ 75-5-402 MCA)

The department shall review for completeness all applications for new permits within 60 days of the receipt of the initial application.

(§ 75-5-403(1) MCA)

14-MT-b.9 to 14-MT-b.10 - Is the Application Complete?

An application is considered complete unless the applicant is notified of a deficiency within the appropriate review period.

(§ 75-5-403(1))


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Contact Information






Edit Montana Department of Environmental Quality
Remediation Division Administrator 406.841.5001 JChambers@mtabbazabbagov Visit Website

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