GREAT FALLS — Pondera County has joined landowners and conservationists in a lawsuit against the Environmental Protection Agency over a decision that would allow industrial wastewater from a Great Falls facility to be disposed of in their county.
The suit challenges an EPA decision to exempt a portion of the Madison Aquifer from protections under the Safe Drinking Water Act. The May 1 decision would allow Montana Renewables to dump wastewater into 2 unused wells owned by Montalban Oil and Gas.
Petitioners in the suit include Pondera County, the Golden Triangle Resource Council, the Madison Aquifer Coalition and the Glacier-Two Medicine Alliance, Inc.
Commissioner Zane Drishinski said the decision is the worst possible option for handling high strength industrial wastewater.
"Currently they're shipping and hauling it all over the U.S. and putting it in certain wells and places that are equipped to handle this kind of wastewater," said Drishinski. "When we first started, they came into our office and told us that this water's so safe you could drink it."
On June 1, Drishinski told MTN the commission would not appeal the EPA decision, leaving open the door for litigation.
In July of last year, Montana Renewables announced plans to build a wastewater treatment plant in Great Falls, but Drishinski remains skeptical.
"In regards to this wastewater treatment plant that they've been talking about for two years, if you're going to build something, you got to get started on it<' said Drishinski. "I don't think they've even gotten started on, as far as we can tell. So these things are major projects that take time, I get it. But we've been in this, situation for two years now, and as far as we can see on our end, there's been no real legitimate progress on their end to accomplish building a wastewater treatment plant."
MTN reached out Monday to Montana Renewables for comment but have not heard back. On June 1, the company told MTN that since announcing they would build a treatment facility, they have taken steps to advance the project, including purchasing equipment and working with engineering consultants as they continue to evaluate and develop the facility.
Petitioners have until Wednesday, June 17 to return a mediation questionnaire and until Aug. 31 to file their opening briefs. The EPA has until the end of September to file a Respondent Answering Brief. An optional reply brief is due 21 days after the answering brief is served.
