75-6-120. Wellhead and source water protection programs -- voluntary petitions. (1) The federal Safe Drinking Water Act, including 42 U.S.C. 300h-7 and 300j-13, enables the department to administer wellhead protection and source water assessment programs that involve delineation of the boundaries of the assessment areas from which a public water system receives supplies of drinking water, certification of local source water protection areas, assessment of source water susceptibility to regulated contaminants, and review of source water protection area ordinances. In administering these programs, the department may perform only those functions provided for by the federal Safe Drinking Water Act and this section.

(2) A supplier of a public water supply system may voluntarily submit for department review and approval a petition to establish a source water protection program for the system.

(3) The department may certify a source water protection area upon:

(a) receipt of a petition by a supplier for a public water supply system; and

(b) making a determination that the source water protection area meets criteria and thresholds for certification established by the Montana source water protection program.

(4) (a) The governing body of the county in which a source water protection area or areas exist may adopt an ordinance to regulate, control, and prohibit conditions that threaten the quality of water used within the source water protection area or areas.

(b) Prior to adopting a source water protection area ordinance, the governing body shall confer with the supplier of the public water supply system and shall then submit the ordinance to the department for review and verification that the ordinance is consistent with the requirements of this chapter.

(c) A source water protection area ordinance must be adopted using the procedures described in 7-5-103 through 7-5-107.

(5) (a) An ordinance adopted under subsection (4) is limited in applicability to the certified source water protection area or areas within the county.

(b) For a source water protection area that is located in two or more counties, the proposed source water protection area ordinance must be adopted by each county in order for the ordinance to be effective.

(6) A source water protection area ordinance adopted under this section may not conflict with and may not duplicate any other federal, state, or local law or regulation, including but not limited to zoning, fire codes, hazardous waste regulation under Title 75, chapter 10, part 4, or pesticide regulation under Title 80, chapter 8.

History: En. Sec. 6, Ch. 488, L. 1995; amd. Sec. 6, Ch. 423, L. 2007.