reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.18 - Procedures for Local Water Quality District Program Approval and Granting Enforcement Authority › Rule 17.30.1807 - PROCEDURES FOR GRANTING STATE ENFORCEMENT AUTHORITY TO LOCAL WATER QUALITY DISTRICTS

Current through Register Vol. 13, July 5, 2024
(1) Whenever a
				person is in violation of
				75-5-605, MCA, at a location
				within the district, the department may request that the district enforce the
				provisions of Title 75, chapter 5, MCA, and rules implementing that chapter for
				the particular violations. Alternatively, the district may request enforcement
				authority from the department in a particular case as specified under this
				rule.
(2) The district shall submit
				a letter to the department requesting authorization to enforce the provisions
				of Title 75, chapter 5, MCA, which contains appropriate documentation of the
				violation(s) as required by
				75-5-106, MCA.
(3) The department shall authorize a district
				to enforce the provisions of Title 75, chapter 5, MCA, in response to a
				district's request unless the department retains jurisdiction and pursues
				enforcement.
(4) A district is
				authorized to enforce the provisions of Title 75, chapter 5, MCA, and rules
				implementing that chapter upon receipt of a letter issued by the department
				granting enforcement authority for a particular case. The department shall
				respond to the district's request within 5 working days after the department's
				receipt of the request. The letter of authorization may include any limitations
				or conditions determined necessary by the department. Nothing in the grant of
				authority to a district may be construed to limit the department's legal
				responsibility and authority to take enforcement action against the person
				responsible for the source of pollution.
(5) The department may revoke the enforcement
				authorization for a district if it determines that conditions exist that
				warrant such revocation. Such conditions may include but are not limited to:
(a) the district lacks adequate enforcement
				capabilities or resources for effective enforcement efforts;
(b) the district requests the department to
				undertake enforcement in the case;
(c) the district has not complied with the
				conditions and limitations in the letter of authorization; or
(d) a re-assessment of conditions or change
				of conditions that indicate that enforcement by the department would be more
				effective than local enforcement.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.20 - Assessment of Administrative Penalties for Violations of Water Quality Act › Rule 17.30.2001

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201, MCA; IMP:
					 75-5-611,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.20 - Assessment of Administrative Penalties for Violations of Water Quality Act › Rule 17.30.2003

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-5-201, MCA; IMP:
					 75-5-611,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.20 - Assessment of Administrative Penalties for Violations of Water Quality Act › Rule 17.30.2005 - FORMULA FOR DETERMINING ADMINISTRATIVE PENALTIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-5-201, MCA; IMP,
					 75-5-611,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.20 - Assessment of Administrative Penalties for Violations of Water Quality Act › Rule 17.30.2006 - EXTENT AND GRAVITY OF THE VIOLATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-5-201, MCA; IMP,
					 75-5-611,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.35 - VESSEL PUMPOUT FACILITIES › Rule 17.35.101 - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) Construction of
			 vessel pumpout facilities at watercraft terminals located on or adjacent to
			 state waters is encouraged by the Clean Vessel Act of 1992, which is contained
			 in PL-92-587. Proper construction, operation, and maintenance of these
			 facilities will protect water quality and reduce the potential for the spread
			 of water-borne diseases.
(2)
			 Boaters are encouraged to learn how to use marina pumpout stations.
AUTH:
				  23-2-522, MCA; IMP:
				  23-2-522,
				  MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.35 - VESSEL PUMPOUT FACILITIES › Rule 17.35.102 - LOCATION

Current through Register Vol. 13, July 5, 2024
(1) Stationary
			 pumping equipment should generally be located as close to the boat off-loading
			 point as possible and where boats need to maneuver the least. All components of
			 the vessel pumpout station should meet the setback distances required in ARM
			 Title 17, chapter 36, subchapters 3 or 9, as applicable, except that compliance
			 with the setback requirement between a holding tank and surface water is not
			 included in this recommendation.
(2) Holding tanks should be located where
			 they are readily accessible for inspection and maintenance. The bottom of the
			 tank should not be deeper than 12 feet from the finished grade or access road
			 for ease of pumping and maintenance.
AUTH:
				  23-2-522, MCA; IMP:
				  23-2-522,
				  MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.35 - VESSEL PUMPOUT FACILITIES › Rule 17.35.103 - DESIGN

Current through Register Vol. 13, July 5, 2024
(1) Vessel pumpout
			 stations should include means of flushing tanks, lines, and other components
			 that contact sewage. In addition, a pumpout facility should be equipped with a
			 wash-down system to allow cleaning of portable toilets.
(2) Vessel pumpout stations should include a
			 secondary spill containment system to prevent discharge to surface waters from
			 spills, leaks, maintenance, servicing, or storage.
AUTH:
				  23-2-522, MCA; IMP:
				  23-2-522,
				  MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.35 - VESSEL PUMPOUT FACILITIES › Rule 17.35.104 - PIPES, FITTINGS, AND HOSES

Current through Register Vol. 13, July 5, 2024
(1) All tanks,
			 pumps, lines, hoses, and other equipment should be clearly marked as
			 "nonpotable" with a permanent label placed in a conspicuous location.
(2) All discharge piping should be made of
			 flexible, heavy-duty material that will be non-collapsing and non-kinking with
			 locking interconnectors. Corrugated or ribbed hoses should not be
			 used.
(3) Lines should be
			 watertight and appropriately fastened or secured to the dock or pier. Forced
			 main systems should contain appropriate "thrust" blocks and other security
			 fastenings.
(4) All lines and hoses
			 should have an approved backflow prevention device that meets the requirements
			 of ARM Title 17, chapter 38, subchapter 3.
(5) A valve should be provided on the
			 discharge line at the pump and on the suction hose at the nozzle. If a suction
			 hose is to be installed in such a manner that sewage would discharge from the
			 line when the pump is removed for service, a gate valve should be provided on
			 the pump end of the suction hose.
(6) Positive locking connections on the end
			 of the discharge line should be provided to prevent it from coming loose during
			 discharge. A friction nozzle (right angle preferred) or wand-type attachment
			 should be provided on the end of the suction hose. Adapters should be provided
			 to fit any discharge connection from one and one-half to four inches in
			 diameter.
(7) Discharge lines
			 should be protected from freezing and prevented from leaking into the
			 water.
(8) Suction hoses should be
			 equipped with clear tubing or a sight glass on the suction end of the hose to
			 allow the attendant to determine when pumping is complete.
(9) The connection between a suction hose and
			 a vessel should include pipe splash guards or positive locking connections to
			 prevent spilling from the suction hose or disconnection during waste
			 discharge.
AUTH:
				  23-2-522, MCA; IMP:
				  23-2-522,
				  MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.35 - VESSEL PUMPOUT FACILITIES › Rule 17.35.105 - PUMPING EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) Pumpout
			 stations should meet the requirements of Department Circular DEQ-4, Subchapter
			 4.2, except where they conflict with this chapter.
(2) Pumps should be of a macerator type or
			 have sufficient size suction and discharge openings to prevent clogging.
			 Manually operated pumps should not be used.
(3) An event or hour meter should be
			 installed on each pump.
AUTH:
				  23-2-522, MCA; IMP:
				  23-2-522,
				  MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.35 - VESSEL PUMPOUT FACILITIES › Rule 17.35.106 - HOLDING TANK

Current through Register Vol. 13, July 5, 2024
(1) Holding tanks
			 should meet the requirements of Department Circular DEQ-4, Subchapter 8.1,
			 except where they conflict with this chapter.
(2) Vessel pumpout holding tanks should be
			 sized to meet the requirements of Table 1 for the volume of sewage generated
			 and the frequency of removal of material from the holding tank.
Table 1
Total Number of Boats Serviced with Holding Tank
							 Between Licensed Septic Pumper Servicings
Minimum Holding Tank Volume (Gallons)
1-20
500
21-40
600
41-60
900
61-80
1200
81-100
1500
100+
2000
AUTH:
				  23-2-522, MCA; IMP:
				  23-2-522,
				  MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.35 - VESSEL PUMPOUT FACILITIES › Rule 17.35.107 - PORTABLE SANITATION DEVICES

Current through Register Vol. 13, July 5, 2024
(1) Pumpout
			 facilities designed to receive waste from portable marine sanitation devices
			 should have a unit opening of a minimum of 12 inches in diameter and be
			 equipped with a water tight cover that completely covers the receiving
			 unit.
AUTH:
				  23-2-522, MCA; IMP:
				  23-2-522,
				  MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.35 - VESSEL PUMPOUT FACILITIES › Rule 17.35.108 - CONSTRUCTION

Current through Register Vol. 13, July 5, 2024
(1) All discharge
			 from a vessel pumpout facility should be directed to a holding tank meeting the
			 requirements of this chapter with removal and disposal by a licensed septic
			 hauler as defined in ARM Title 17, chapter 50, subchapter 8.
(2) All collection systems should meet the
			 requirements of Department Circular DEQ-4, Subchapter 4.1, unless modified by
			 this chapter.
AUTH:
				  23-2-522, MCA; IMP:
				  23-2-522,
				  MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.35 - VESSEL PUMPOUT FACILITIES › Rule 17.35.109 - OPERATION, MAINTENANCE, CERTIFICATION, AND AS-BUILTS

Current through Register Vol. 13, July 5, 2024
(1) Operation and
			 maintenance of vessel pumpout facilities should generally conform to the
			 requirements in Department Circular DEQ-4, Appendix D, with the following
			 additions:
(a) for public facilities, hours
			 of operation for vessel pumpout stations should be posted in a conspicuous
			 place where readily observable by the public;
(b) hoses, pumps, and equipment should be
			 flushed after each use by pumping clean water through the system which empties
			 into an approved disposal area (never onto the ground or into the water) and to
			 disinfect all suction connections; and
(c) the operator should wear appropriate
			 protective clothing, such as gloves, and should wash his or her hands following
			 contact with the system.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.102 - APPLICATION-GENERAL

Current through Register Vol. 13, July 5, 2024
(1) To initiate review of an application
				under 76-4-114 or
				76-4-134, MCA, a person must
				submit a complete application to the department. The application must be signed
				by all owners of record of the property or properties. In the application, the
				owners may designate an authorized representative responsible for subsequent
				correspondence with the reviewing authority. If the department has certified a
				local department or board of health to review subdivisions pursuant to
				76-4-104, MCA, the application
				must be submitted to the local reviewing authority.
(2) A subdivision application must be on a
				form provided by the department. Copies of the application form may be obtained
				from the Department of Environmental Quality, P.O. Box 200901, Helena, MT
				59620-0901,
http://www.deq.mt.gov
,
				or from the local reviewing authority.
(3) A copy of the complete application,
				including all supporting information supplied to the reviewing authority, and
				all resubmittals of the application, must be submitted concurrently to the
				local health officer having jurisdiction for purposes of reviewing compliance
				with local laws and regulations, as provided in ARM 17.36.108.
(4) To resume review of an application that
				has been inactive for more than one year after the issuance of a denial letter
				by the reviewing authority, the applicant shall reapply and submit fees as
				required by subchapter 8, unless the file is inactive due to ground water
				monitoring, or other requirements imposed by the reviewing authority or another
				agency.
(5) Plans for proposed
				subdivision facilities that will be public water supply or public sewage
				disposal systems must be reviewed in accordance with the provisions of Title
				75, chapter 6, MCA, and ARM Title 17, chapter 38, subchapter 1. In estimating
				the population that will be served by a proposed residential system, the
				reviewing authority shall multiply the number of living units by 2.5.
(6) In addition to meeting the requirements
				of this chapter, parcels designed for the placement of mobile homes or
				recreational camping vehicles may be subject to the requirements of ARM Title
				37, chapter 111, subchapter 12.
(7)
				If an application includes facilities for onsite wastewater treatment or
				disposal, including gray water irrigation, the developer shall notify the
				designated agent of the local board of health prior to presenting the
				subdivision application to the reviewing authority. The designated agent may
				conduct a preliminary site assessment to determine whether the site meets
				applicable state and local requirements.
(8) The application procedures and
				requirements for previously approved facilities are described in ARM
				17.36.112.
AUTH:
					 76-4-104, MCA; IMP:
					 76-4-104,
					 76-4-125,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.105 - SUBDIVISION AND PLATTING ACT EXCLUSIONS SUBJECT TO DEPARTMENT REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-4-104, MCA; IMP,
					 76-4-125,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.106 - REVIEW PROCEDURES-LOTS FILED WITH SANITARY RESTRICTIONS BEFORE 1973

Current through Register Vol. 13, July 5, 2024
(1) Subdivision lots recorded with sanitary
				restrictions prior to July 1, 1973, shall be reviewed in accordance with
				requirements set forth in this chapter. In cases where any requirements of this
				chapter would preclude the use for which each lot was originally intended, then
				the applicable requirements (including the absence thereof) in effect at the
				time such lot was recorded shall govern except that sanitary restrictions in no
				case shall be lifted from any such lot which cannot satisfy any of the
				following requirements:
(a) if a subsurface
				wastewater treatment system is utilized, soil conditions must provide for safe
				treatment and disposal of wastewater effluent;
(b) the proposed water supply must comply
				with the requirements of this chapter; and
(c) unless a waiver is granted pursuant to
				ARM 17.36.601 after consultation with the local health department:
(i) if a subsurface wastewater treatment
				system is utilized, there must be at least four feet from the natural ground
				surface to a limiting layer;
(ii)
				the site for any subsurface wastewater treatment system may not exceed 25
				percent in slope; and
(iii) no part
				of the lot utilized for the subsurface wastewater treatment system components
				addressed in Department Circular DEQ-4, Chapter 6 may be located in a 100-year
				floodplain.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.108 - COMPLIANCE WITH LOCAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				applicant shall provide the department with evidence as to whether non-public
				facilities for the supply of water and disposal of wastewater are in compliance
				with applicable laws and regulations of local government. The evidence must be
				in one of the following forms:
(a) for an
				application that is not subject to review by a local reviewing authority under
				76-4-104, MCA, a certification of
				compliance that is signed by the local health officer having jurisdiction. The
				applicant shall submit the certification to the department prior to the
				department issuing a certificate of subdivision approval; or
(b) for an application that is subject to
				review by a local reviewing authority under
				76-4-104, MCA, a signed
				certificate of subdivision approval.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.110 - CERTIFICATE OF APPROVAL

Current through Register Vol. 13, July 5, 2024
(1) Subject to the
				local certification requirements set out in (2), the reviewing authority shall
				issue a certificate of subdivision approval if:
(a) an applicant has submitted all of the
				information required by this chapter;
(b) the requirements of this chapter and of
				the Montana Environmental Policy Act have been met; and
(c) the reviewing authority determines that:
(i) wastewater will not pollute or degrade
				state waters or endanger public health;
(ii) all wastewater disposal facilities are
				sufficient in terms of capacity and dependability;
(iii) the water supply will be sufficient in
				terms of quality, quantity, and dependability;
(iv) solid waste disposal will be in
				accordance with applicable state laws and rules; and
(v) storm drainage will have proper
				drainageways and the drainage will not pollute state waters.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.111 - MOBILE HOMES AND RECREATIONAL CAMPING VEHICLES (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-4-104, MCA; IMP,
					 76-4-104,
					 76-4-125,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.112 - REVIEW OF PREVIOUSLY APPROVED FACILITIES: PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) A facility previously approved under
				Title 76, chapter 4, MCA, that is submitted for review under this chapter is
				not subject to review if the facility:
(a) is
				not proposed to be changed;
(b) is
				not affected by a proposed change to another facility; and
(c) meets the conditions of its existing
				approval and is operating properly.
(i) To
				determine whether previously approved water, sewer, and storm water facilities
				are operating properly, the reviewing authority may require submittal of well
				logs, water sampling results, any septic permit issued, and evidence that the
				septic tank has been pumped in the previous three years unless the system is
				less than five years old.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.115 - CERTIFICATION OF INDEPENDENT REVIEWERS AS THE REVIEWING AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) An engineer or sanitarian may be
				certified as an independent reviewer to review files under
				76-4-104(4), MCA,
				subject to the requirements in this rule.
(2) An engineer or sanitarian must complete
				the following before becoming certified as an independent reviewer to perform
				subdivision reviews:
(a) complete a training
				program developed by the department; and
(b) pass, with a score of at least 90
				percent, a written examination administered by the department that demonstrates
				knowledge of:
(i) Title 76, chapter 4,
				MCA;
(ii) this chapter;
(iii) applicable department
				circulars;
(iv) Title 75, chapter
				5, MCA;
(v) ARM Title 17, chapter
				30, subchapters 5 and 7; and
(vi)
				other applicable laws and regulations.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.116 - CERTIFICATION OF LOCAL DEPARTMENT OR BOARD OF HEALTH AS THE REVIEWING AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) A local
				department or board of health, if it requests certification, must be certified
				as the reviewing authority within the scope of
				76-4-104(3), MCA,
				if the following requirements are met and the sanitarian or engineer is
				qualified as described in (3):
(a) the local
				department or board of health employs a registered sanitarian or a professional
				engineer responsible to perform the actual review. Those local governments
				employing more than one registered sanitarian or professional engineer shall
				designate one such person to be responsible for the review program;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.117 - WATER SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) Plans for
				proposed subdivision facilities that include public water supply systems must
				be reviewed in accordance with the provisions of Title 75, chapter 6, MCA, and
				ARM Title 17, chapter 38, subchapter 1.
(2) Non-Public Water Systems must comply with
				Circular DEQ-20.
(3) Systems
				requiring design by a professional engineer per DEQ-20 or ARM 17.38.101 are
				subject to the requirements of ARM 17.36.121.
AUTH:
					 76-4-104, MCA; IMP:
					 76-4-104, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.120 - SOLID WASTES

Current through Register Vol. 13, July 5, 2024
(1) Solid wastes
				stored within the subdivision must be placed in adequate containers and removed
				at a frequency to prevent a nuisance. When removed from the subdivision, the
				solid wastes must be disposed of at a department-licensed site in accordance
				with ARM 17.50.508 or an appropriate
				out-of-state waste disposal site.
AUTH:
					 76-4-104, MCA; IMP:
					 76-4-104, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.121 - REQUIREMENTS FOR SYSTEMS DESIGNED BY PROFESSIONAL ENGINEERS

Current through Register Vol. 13, July 5, 2024
(1) The requirements in this rule apply to
				systems for which plans and specifications must be submitted to the department
				by a professional engineer under ARM 17.36.117(1) and (2), 17.36.310(2), or
				17.36.320(2).
(2) The applicant
				shall submit documentation in the application indicating commitment to retain a
				professional engineer to provide certification that the system was built in
				conformance with the plans and specifications approved by the reviewing
				authority.
(3) A person may not
				commence or continue the operation of the system, or any portion of the system,
				until a professional engineer has certified by letter to the department that
				the system, or portion of the system constructed, altered, or extended to that
				date, was completed in substantial accordance with the plans and specifications
				approved by the department and that there are no deviations from the design
				standards of the applicable circulars, other than those previously approved by
				the department.
(4) Within 90 days
				after completion of construction of the system, a set of certified "as-built"
				drawings must be signed by a professional engineer and submitted to the
				department.
(5) If construction of
				the system is not completed within three years after the department has issued
				its written approval of the plans and specifications, the approval is void and
				plans and specifications must be resubmitted to the department with appropriate
				fees, for review and approval. If the original conditions of approval,
				applicable rules, and design standards have not changed since the department
				approved the system, the department shall reissue the approval to allow an
				additional three years to complete construction.
AUTH:
					 76-4-104, MCA; IMP:
					 76-4-104, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.122 - OPERATION AND MAINTENANCE, OWNERSHIP, EASEMENTS, AND AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Public systems must be owned by an
				individual or entity that meets the requirements of
				75-6-126, MCA. The owner must be
				responsible for operation and maintenance and must have authority to charge
				appropriate fees.
(2) For
				multiple-user systems, the reviewing authority may require the applicant to
				create a homeowners' association, county sewer district, or other
				administrative entity that will be responsible for operation and maintenance
				and that will have authority to charge appropriate fees.
(3) When required by department circulars or
				this chapter, an operation and maintenance manual must be provided for water
				supply, wastewater treatment, and storm water facilities meeting the
				requirements of that circular or rule.
(4) Easements must be obtained if the
				reviewing authority determines they are needed to allow adequate operation and
				maintenance of the system or to comply with (6). Easements must be filed with
				the county clerk and recorder at the time the certificate of subdivision
				approval issued under this chapter is filed. Easements must be in one of the
				following forms:
(a) in writing signed by the
				grantor of the easement that adequately describes what is being conveyed,
				contains language of conveyance, and identifies the grantor and grantee of the
				easement; or
(b) if the same person
				owns both parcels, shown on the plat or certificate of survey for the proposed
				subdivision.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.123 - CONNECTION TO PUBLIC WATER SUPPLY AND WASTEWATER SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) New water supply and sewage disposal
				facilities in a proposed subdivision must be provided by a connection to a
				public water supply or public wastewater system if any boundary of the
				subdivision is within 500 feet of any component of the public system and the
				public system meets the requirements of (2)(a) and (b). The department may
				grant a waiver, pursuant to ARM
				17.36.601, of the requirement to
				connect to a public system if the applicant demonstrates that connection to the
				public system is physically or economically impractical, or that easements
				cannot be obtained. For purposes of this rule, a connection is economically
				practical if the cost of constructing the connection to the system is less than
				or equal to three times the cost of constructing approvable systems on the
				site.
(2) Unless a waiver is
				granted pursuant to ARM 17.36.601, the reviewing authority may not approve the
				connection of a proposed subdivision to an existing public system unless:
(a) the existing public system is approved by
				the department and is in compliance with the provisions of Title 75, chapter 6,
				part 1, MCA, and ARM Title 17, chapters 30 and 38;
(b) the managing entity of the public system
				certifies to the reviewing authority, on a form acceptable to the department,
				that:
(i) the system has an adequate capacity
				to meet the needs of the subdivision;
(ii) the connections are
				authorized;
(iii) the system is in
				compliance with ARM Title 17, chapter 38, and all other applicable department
				regulations; and
(iv) the
				appropriate water rights exist for this connection; and
(c) the applicant submits to the reviewing
				authority the name and public water supply ID (PWSID) number of the public
				system.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.124 - SUBDIVISIONS ADJACENT TO STATE WATERS

Current through Register Vol. 13, July 5, 2024
(1)
				Where the department has determined that the disposal of sewage from a proposed
				subdivision may adversely affect the quality of a lake or other state waters,
				the department may require additional information and data concerning such
				possible effects. Upon review of such information, the department may impose
				specific requirements for sewage treatment and disposal as are necessary and
				appropriate to assure compliance with the Water Quality Act, Title 75, chapter
				5, MCA, and water quality and non-degradation standards, ARM Title 17, chapter
				30, subchapters 6, 7, 10, and 12.
AUTH:
					 76-4-104, MCA; IMP:
					 76-4-104,
					 76-4-125, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.125 - CONDOMINIUM CONVERSIONS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2) and (3), condominiums, including those to be constructed on
				parcels of land that are exempted from review under the provisions of Title 76,
				chapter 3, MCA, and including conversion of existing structures into
				condominiums, are subject to review under the requirements of this
				chapter.
(2) Conversions of
				existing structures into condominiums are not subject to this chapter where the
				converted units are to be served by existing municipal water and sewer
				facilities in a Class I or II city as defined in
				7-1-4111, MCA.
(3) Where the water or sewage disposal system
				in an existing building to be converted into condominiums has already been
				approved under either department requirements or has been approved by the local
				health department under local requirements, such water or sewage disposal
				system is not subject to review under this chapter.
AUTH:
					 76-4-104, MCA; IMP:
					 76-4-111,
					 76-4-125, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.1 - Subdivision Application and Review › Rule 17.36.126 - ADOPTION BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				this chapter, the department adopts and incorporates by reference the following
				documents. All references to these documents in this chapter refer to the
				edition set out below:
(a) Department Circular
				DEQ-1, "Standards for Water Works," 2022 edition;
(b) Department Circular DEQ-2, "Design
				Standards for Public Sewage Systems," 2018 edition;
(c) Department Circular DEQ-3, "Standards for
				Small Water Systems," 2023 edition;
(d) Department Circular DEQ-4, "Montana
				Standards for Subsurface Wastewater Treatment Systems," 2023 edition;
(e) Department Circular DEQ-7, "Montana
				Numeric Water Quality Standards" (June 2019 edition);
(f) Department Circular DEQ-8, "Montana
				Standards for Subdivision Storm Drainage," 2017 edition;
(g) Department Circular DEQ-10, "Standards
				for the Development of Springs for Public Water Systems," 2014
				edition;
(h) Department Circular
				DEQ-16, "Standards for Hauled Water Cisterns for Noncommunity Public Systems,"
				2014 edition;
(i) Department
				Circular DEQ-20, "Standards for Non-Public Water Systems, "2023
				edition;
(j) Department Circular
				PWS-5, "Ground Water Under the Direct Influence of Surface Water Evaluation,"
				2022 edition;
(k) Department
				Circular PWS-6, "Source Water Protection Delineation," 1999 edition;
(l) the U.S. Department of Agriculture's
				National Soil Survey Handbook (USDA, NRCS, September 1999), and the Soil Survey
				Manual (USDA, October 1993), which contain a recognized set of methods for
				identifying the nature and characteristics of soils; and
(m) ARM 17.30.1702 regarding setbacks between
				sewage lagoons and wells.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.301 - LOT SIZES (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-4-104, MCA; IMP,
					 76-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.302 - PUBLIC WATER AND SEWER (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-4-104, MCA; IMP,
					 76-4-104,
					 76-4-125,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.303 - INDIVIDUAL WATER SUPPLY SYSTEMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-4-104, MCA; IMP,
					 76-4-104,
					 76-4-125,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.304 - INDIVIDUAL SEWAGE TREATMENT SYSTEMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-4-104, MCA; IMP,
					 76-4-104,
					 76-4-125,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.305 - MULTIPLE USER WATER SUPPLY SYSTEMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-4-104, MCA; IMP,
					 76-4-104,
					 76-4-125,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.309 - SOLID WASTES (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
76-4-104, MCA; IMP,
					 76-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.310 - STORM DRAINAGE

Current through Register Vol. 13, July 5, 2024
(1) The applicant
				shall submit a storm drainage plan in accordance with department Circular DEQ-8
				to the reviewing authority.
(2)
				Storm drainage plans must be prepared by a professional engineer if the
				subdivision application proposes either of the following:
(a) six or more lots; or
(b) a lot proposed with greater than 25
				percent impervious area.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.312 - SUBDIVISIONS ADJACENT TO STATE WATERS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
76-4-104, MCA; IMP,
					 76-4-104,
					 76-4-125,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.313 - CONDOMINIUM CONVERSIONS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
76-4-104, MCA; IMP,
					 76-4-111,
					 76-4-125,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.314 - REQUIREMENTS FOR SYSTEMS DESIGNED BY PROFESSIONAL ENGINEERS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 76-4-104,
					 MCA; IMP:
					 76-4-125,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.320 - SEWAGE SYSTEMS: DESIGN AND CONSTRUCTION

Current through Register Vol. 13, July 5, 2024
(1) All
				components of sewage treatment systems must be designed and installed in
				accordance with Department Circular DEQ-4, Department Circular DEQ-2, or other
				applicable department circular and are subject to the following restrictions:
(a) systems designed in accordance with
				Department Circular DEQ-2 may not be used for individual, shared, or
				multiple-user systems, except as provided in Department Circular DEQ-4;
				and
(b) experimental systems are
				allowed only pursuant to a waiver granted in accordance with ARM
				17.36.601.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.321 - SEWAGE SYSTEMS: ALLOWABLE NEW AND REPLACEMENT SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) All systems must be designed and
				installed in accordance with Department Circular DEQ-4, Department Circular
				DEQ-2, or other applicable department circular. Requirements applicable to
				review of existing sewage treatment systems are set out in ARM
				17.36.327.
(2) Systems designed in accordance with
				Department Circular DEQ-2 may not be used for individual, shared, or
				multiple-user systems, except as provided in Department Circular
				DEQ-4.
(3) The following sewage
				systems may not be used for new systems, but may be used as replacement systems
				subject to the limitations provided in Department Circular DEQ-4:
(a) artificially drained systems;
(b) absorption beds;
(c) pit privies;
(d) seepage pits; and
(e) holding tanks, except that:
(i) the department may grant a waiver,
				pursuant to ARM
				17.36.601, to allow holding tanks
				in facilities owned and operated by a local, state, or federal unit of
				government, or in facilities licensed by the Department of Public Health and
				Human Services and inspected by the local health department. Holding tanks must
				be designed and maintained in accordance with the requirements in Department
				Circular DEQ-4 and all other requirements imposed by the department and local
				health department; and
(ii) the
				department may grant a waiver, pursuant to ARM
				17.36.601 and with concurrence by
				the local health department, to allow holding tanks to replace a failed system
				when no other alternative that meets these rules is reasonably
				available.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.322 - SEWAGE SYSTEMS: SITING

Current through Register Vol. 13, July 5, 2024
(1) Gravity-fed
				subsurface sewage treatment systems may not be used if natural slopes are
				greater than 15 percent. A pressure-dosed sewage treatment system with a design
				flow of 5000 gallons per day or less may be used on slopes greater than 15
				percent and up to 25 percent, if a professional engineer or a person qualified
				to evaluate and identify soil in accordance with Department Circular DEQ-4
				submits adequate evidence that there will be no visible outflow of liquid
				downslope from the subsurface sewage treatment system.
(2) The department may grant a waiver,
				pursuant to ARM 17.36.601 and after consultation with the local health
				department, to allow pressure-dosed subsurface sewage treatment systems on
				slopes greater than 25 percent and up to 35 percent if a professional engineer
				or a person qualified to evaluate and identify soil in accordance with
				Department Circular DEQ-4 submits adequate evidence that there will be no
				visible outflow of liquid downslope from the subsurface sewage treatment
				system.
(3) Subsurface sewage
				treatment systems may not be installed on unstable landforms, as defined in ARM
				17.36.101.
(4) No component of any
				sewage treatment system may be located under structures or driveways, parking
				areas or other areas subjected to vehicular traffic, or other areas subject to
				compaction, except for those components of the system designed to accommodate
				such conditions. Drainfields must not be located in swales or depressions where
				runoff may flow or accumulate.
(5)
				Pursuant to
				76-4-104(6)(i),
				MCA, a proposed drainfield mixing zone must meet the requirements of ARM
				17.36.122(6).
(6) For lots two
				acres in size or less, the applicant shall physically identify the drainfield
				location by staking or other acceptable means of identification. For lots
				greater than two acres in size, the department may require the applicant to
				physically identify the drainfield location.
(7) The department may require the applicant
				to show detailed lot layouts on a contour map if the department determines that
				there is a question about suitability of the drainfield location.
AUTH:
					 76-4-104, MCA; IMP:
					 76-4-104, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.324 - SEWAGE SYSTEMS: FLOODPLAINS

Current through Register Vol. 13, July 5, 2024
(1) The applicant
				shall identify the location of any floodplain on the lot layout document. The
				department may require the applicant to provide additional information, such as
				elevations at specific locations.
(2) The applicant shall submit evidence
				adequate to allow the department to establish the location of the floodplain
				if:
(a) the federal or state government has
				not designated the floodplain, or if the location of the floodplain is in
				question with respect to a proposed subdivision; and
(b) the stream is shown as an intermittent or
				perennial stream on the most current USGS 7 1/2 minute (1:24,000) topographic
				map (unless the applicant provides adequate information that the stream is not
				subject to flooding).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.325 - SEWAGE SYSTEMS: SITE EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) The
				reviewing authority may require that percolation tests, conducted in accordance
				with department Circular DEQ-4, be performed within the boundary of each
				proposed subsurface sewage treatment system. Percolation tests must be keyed by
				a number on the lot layout to the results in the report form.
(2) If the applicant or the department has
				reason to believe that ground water will be within seven feet of the surface at
				any time of the year within the boundaries of the treatment system, ground
				water monitoring must be conducted in accordance with Department Circular
				DEQ-4.
(3) The applicant shall
				provide descriptions of the soils within 25 feet of the boundaries of each
				proposed drainfield. Soil descriptions for the proposed subdivision must meet
				the following requirements:
(a) Soil
				descriptions must be done in accordance with Department Circular DEQ-4. The
				characteristics that must be addressed include, but are not limited to, soil
				texture, soil structure, soil consistence, and indicators of redoximorphic
				features.
(b) Soil descriptions
				must be based on data obtained from test holes. Test holes must be dug in
				accordance with Department Circular DEQ-4. The number of test holes must be as
				provided in (c), unless a waiver is granted by the department pursuant to ARM
				17.36.601. Before a waiver is
				granted, the applicant shall complete test holes for 25 percent of the proposed
				drainfield locations in the proposed subdivision, shall demonstrate that the
				soils are consistent throughout the area requested for a waiver, and shall
				obtain the approval of the local reviewing authority. The department may
				require additional test holes than are required in (c) if the department
				determines that there is significant variability of the soils in the proposed
				drainfield areas. Each test hole must be keyed by a number on a copy of the lot
				layout or map with the information provided in the application.
(c) At least one test hole must be dug for
				each individual drainfield and for each shared (two-user) drainfield. At least
				three test holes must be dug for each multiple-user and public drainfield. At
				least one test hole must be dug for each zone of a pressure-dosed
				drainfield.
(d) If the applicant or
				the department has reason to believe that a limiting layer is within seven feet
				of the ground surface at the site of a proposed subsurface sewage treatment
				system, the department may require additional test holes and soil descriptions
				sufficient to describe the suitability of the soil.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT › Subchapter 17.36.3 - Subdivision Requirements › Rule 17.36.326 - OPERATION AND MAINTENANCE, OWNERSHIP, EASEMENTS, AND AGREEMENTS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 76-4-104,
					 MCA; IMP:
					 76-4-104,
					 MCA