75-6-120. Montana wellhead protection program -- voluntary petitions. (1) The federal Safe Drinking Water Act, including 42 U.S.C. 300h-7, enables the department to administer a wellhead protection program that involves certification of local wellhead protection areas and review of wellhead protection area ordinances. In administering this program, 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 wellhead protection program for the system.
     (3) The department may certify a wellhead protection area upon:
     (a) receipt of a petition by a supplier for a public water supply system; and
     (b) making a determination that the wellhead protection area meets criteria and thresholds for certification established by the Montana wellhead protection program.
     (4) (a) The governing body of the county in which a wellhead protection area or areas exist may adopt an ordinance to regulate, control, and prohibit conditions that threaten the quality of water used within the wellhead protection area or areas.
     (b) Prior to adopting a wellhead 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 wellhead 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 wellhead protection area or areas within the county.
     (b) For a wellhead protection area that is located in two or more counties, the proposed wellhead protection area ordinance must be adopted by each county in order for the ordinance to be effective.
     (6) A wellhead 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.