Noncompliance reporting is required when a permittee identifies condition(s) that are not in compliance with or when a permittee determines they will not be able to comply with a condition(s) of the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). Examples of noncompliance associated with permittees operating under the General Permit include: any noncompliance that may endanger health or the environment, a discharge of pollutants from the construction project site and/or to state waters, failure of installed Best Management Practices (BMPs), and failure to conduct inspections.
The noncompliance reporting condition of the General Permit requires an oral report be provided within 24-hours of becoming aware of the noncompliance followed by a written report within five days. The following information is required to be reported to the Department in an event of noncompliance:
MPDES Permit Authorization Number Facility or Site Name Name and Phone Number of Individual Reporting Noncompliance A description of the noncompliance and its cause The period of noncompliance, including exact dates and times; or if not identified, the anticipated time the noncompliance is expected to continue Additional measures being taken to reduce, eliminate, and prevent recurrences of the noncompliance
It is the responsibility of the permittee to contact a Compliance Inspector in the Water Protection Bureau within 24 hours of first identifying the noncompliance. If the event of noncompliance occurs on a weekend, leave a message on the Water Protection Bureau’s main number: (406) 444-3080. You may also leave a message on the Water Quality Division line at (406) 444-6697.
After receipt of the 24 hour report of noncompliance, the Compliance Inspector will specify a date to submit the five day written report. The five day written report is to be mailed to:
Department of Environmental Quality Water Protection Bureau c/o (Name of Compliance Inspector) PO Box 200901 Helena, MT 59620-0901
The Compliance Inspector will review the submitted material and draft a Department response. It is the expectation of the Department that the permittee address and complete any required corrective actions unless otherwise specified.
The form below (Form NCR) can be filled out online, printed, and mailed to the Department. It will fulfill the five day written report requirement if it is completely filled out and if it is received by the Department within five days of the 24-hour oral report.
Noncompliance Reporting Form
For further information contact the Water Protection Bureau at (406) 444-3080.