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Bill would exempt wastewater‑treatment ponds from state Dam Safety Act when regulated by DEQ
Summary
HB 48 would add wastewater treatment pond dams to statutory exemptions from Montana's Dam Safety Act when those ponds are regulated under DEQ standards; DNRC, DEQ staff and industry groups testified the change avoids duplicative regulation while maintaining safe standards.
Representative Ken Walsh opened the hearing on House Bill 48, which would add wastewater treatment pond dams (public sewage/disposal systems regulated by DEQ) to the list of exemptions under the Montana Dam Safety Act administered by DNRC.
Proponents testified that wastewater ponds are already regulated under DEQ’s Title 75 rules and that applying both DNRC’s Dam Safety Act and DEQ standards can create duplicative requirements and burdens for owners. Doug Brugger, interim bureau chief of DNRC’s Water Operations Bureau (which oversees dam safety), testified that DEQ regulations ensure safe design and operation for wastewater ponds and that some ponds are unsuitable for certain Dam Safety Act requirements (for example, large spillways that would release untreated wastewater). The Montana Petroleum Association and Trout Unlimited also testified in support; DEQ’s water quality division administrator Lindsey Krivaruchka and other DEQ staff were present as informational witnesses.
DNRC said the bill would provide clarity for regulators and dam owners while maintaining DEQ oversight and said wastewater pond dams would still be required to meet minimum safe‑construction standards. No opponents testified in person or online.
