Waterkeeper Comment Calls Out Dept. of Environmental Quality for Ignoring Science, Law, and Gallatin River Algal Blooms
On Friday, January 10, the Montana Department of Environmental Quality’s (DEQ) public comment period regarding Phase 2 of the Quarry Subdivision in Big Sky closed. Over 200 Montana citizens and several conservation organizations submitted comments opposing the 45-unit residential and commercial subdivision reliant on septic systems, and urged DEQ to deny the petition until the department can prove, through scientific analyses, that new wastewater discharges from the development will not further harm the already impaired Gallatin River.
“Montanans have resoundingly told DEQ to look at the issue of cumulative impacts before approving new development, yet the Quarry Phase 2 is another example of DEQ ignoring science and prioritizing developers and polluters above the needs of the Gallatin River,” said Guy Alsentzer, Executive Director of Upper Missouri Waterkeeper. “The State of Montana needs to focus on cleaning up the too-polluted Gallatin River, rather than authorizing additional pollution before fixing the problem at hand.”
In November, 2024, DEQ published a Draft Environmental Assessment (EA) for a proposed Certificate of Subdivision Approval (COSA) for Phase 2 of the Quarry Planned Unit Development, sited just a quarter mile from the Gallatin River.
Upper Missouri Waterkeeper submitted comments and expert scientific reports (Report 1, Report 2, Report 3) highlighting the legal and scientific deficiencies with the proposed subdivision and DEQ rationale. Key findings include:
- the absence of any scientific analysis on potential impacts of additional wastewater from the subdivision on local water resources;
- Failure to identify or evaluate the appropriateness of more septic pollution sources in light of proven connectivity, and pollutant fate and transport, between groundwater receiving septic pollution discharges and the Gallatin River;
- A failure to recognize much less evaluate the undisputed, causal relationship between anthropogenic wastewater discharges and the growth and proliferation of nuisance algal blooms;
- Blatant ignorance of the requirements accompanying the federal Clean Water Act impairment designation of the Gallatin River; and
- A violation of Montanans’ constitutional rights to a clean and healthful environment and adequate remedies at law capable of protecting our ecological life support system.
Waterkeeper ultimately requests that DEQ withdraw the proposed Quarry Phase 2 approval and instruct the applicant to apply for a discharge permit that would be subject to groundwater or NPDES permitting, as determined by the requisite – but missing – environmental reviews.
DEQ is required to respond to all comments received during the public comment period before making a decision on the Quarry Phase 2. Waterkeeper will continue to track DEQ’s progress on this process and work to ensure the health of the Gallatin River is top priority in all agency and local government decision-making.