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Montana Water Pollution Control Act (MWPCA) 

 (Title 69, Chapter 48, R.C.M. 1947) 



The MWPCA is the basic water pollution law for the state. The act requires 



the Board of Health and Environmental Sciences to establish standards for 



water quality and provides a mechanism for enforcement of the standards 



(through DHES). Contamination or other alteration of the physical, 



chemical, or biological properties of any state water, in excess of the 



Montana Water Quality Standards, is prohibited. The act also states that 



it is unlawful to place or cause to be placed any wastes in any location 



where they are likely to cause pollution of state waters. This is 



applicable to both point and non-point sources of water pollution. 



Enforcement may be pursued through litigation for a civil or criminal 



penalty, injunctions, compliance orders, or notices of violation (through 



a hearing process). A non-degradation provision is included in the MWPCA. 



This requires that: 



Any state water, whose existing quality is higher than the 

 established water standards, be maintained at that high quality 

 unless it has affirmatively been demonstrated to the Board that 

 a change is justifiable and as a result of necessary economic 

 social development and will not preclude present and anticipated 

 uses of these waters. 



This means that high quality waters shall not be allowed to degrade to 



meet minimum standards. 



Although much of the MWPCA relates to point source pollution control, it 

 also has application for non-point source pollution. However, enforcement 

 of MWPCA with respect to non-point silviculture related water pollution 

 has been negligible. Extensive monitoring (including baseline data) is 

 necessary to accurately delineate the problem and the responsibility of 

 the defendent before the courts. Currently, DHES does not have the 



