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HomeMy WebLinkAboutMT DEQ (4)P. O. Box 200901 · Helena, MT 59620-0901 · (40~ August 9, 2007 Brian Schweitzer, Go~ern4 CITY OF LAUREL 115W 1ST STREET LAUREL MT 59044 RE: Notice of Public Hearing and Oppmtunity to Comment on Proposed Amendments to Public Water Supply Rules Dear Interested Party: At the request of the Department of Environmental Quality, the Board of Environmental Review is proposing the following rulemaking pertaining to public water supplies and public wastewater systems: Adopt new engineering plan and specifibation review fees; Adopt new community and non-community water supply well expedited review check lists; and Amend existing rules for clarification and standardization. LIST OF AFFECTED RULES - ARM 17.38.101 and 106. AFFECTED PARTIES SUMMARY- Owners/operators of all public water supply and public sewage systems may be effected by this rule making. Examples of these systems include cities, towns, water and sewer districts, subdivisions, mobile home parks, bars, restaurants, campgrounds, and schools. BACKGROUND - In general, the major intent for this rule writing effort is to amend the Department's engineering review fee schedule to meet the legislature's intent of Collecting fees commensurate with the cost of conducting those reviews. Legislative audits have shown that the Department is not currently recovering those costs. In 2005, the Department adjusted the fee schedule to collect commensurate costs, and although the changes helped, the Department is still experiencing a revenue shortage. The proposed changes include increases in !inejtem fees, D~W_,JJD~item fees, a~nd re~mo_y_a! of the "maximum hour!y_fee" ~'or re-revie~ of previgu?ly denied plans and specifications. The Department is also proposing to adopt new expedited checklists for review of - community and non-community water supply wells. These proposed expedited checklists will significantly reduce the amount of time for the applicant's completion of engineering plans and specifications as well as the time required for the Department's review of those plans and specifications. Other proposed amendments include clarification of existing rules regarding payment of fees and receipt of final department approval, clarification of definitions to conform with Montana statute, deletion of a duplicative reference and house keeping changes to conform to formatting standards of the Secretary of State. HEARING AND COMMENT INFORMATION - A public hearing is scheduled for 10:00 a.m., August 30, 2007, in Room 111, Metcaif Building, 1520 East Sixth Avenue, Helena, Montana. Wdtten or oral comments may be submitted at the 'hearing. Written comments on the proposed rule package may also be submitted to the Board of Environmental Review, P.O. Box 200901, Helena, MT, 59620-0901, or faxed to 406- ~.d~.-4386, or emailed to the Board Secretary at bar@mt.cloy, no.later than 5:00 p.m. on September 6, 2007. To guarantee consideration, mailed comments must be postmarked no later than September 6, 2007. Complete Rule Package - A complete copy of the Proposed Rule Package is included with this notice. In addition, interested parties may find an electronic copy of the complete Proposed Rule Package, MAR Notice No. 17-190, on the Internet at ht~://ww~deo.mt.eov/dir/leqaVh eadnq.asp._ ......... ~: .... Sincerely, /,~ Rule Expert & Coordinator Public Water and Subdivision Bureau -1067- BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA In the matter of the amendment of ARM ) 17.38.101 and 17.38.106 pertaining to) plans for public water supply or ) wastewater system and fees ) ) NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT (PUBLIC WATER AND SEWAGE SYSTEMS) TO: All Concerned Persons 1. On August 30, 2007, at 10:00 a.m., the Board of Environmental Review will hold a public hearing in Room 11.1, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules. 2. The board Will make reasdnable accommodations for persons wiih disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice, if you require an accommodation, contact the board no later than 5:00 p-m-, August 20, 2007, to advise us of the nature of the accommodation that you need. Please contact the board secretary at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2544; fax (406) 444-4386; or e-mail ber@mt.gov. 3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined: 17.38.101 PLANS FOR PUBLIC WATER SUPPLY OR WASTEWATER .SYSTEM (1) and (2) remain the same. (3) As used in this rule, the following definitions apply in addition to those in 75-6-102, MCA=: (a) "Applicant" means a person who submits plans and specifications for approval pursuant to this rul~: (b) "Main" means any line providing water or sewer to multiple service connections.-; (c) "Public sewage system" means a system of collection, transportation, treatment, or disposal of sewage that serves 15 or more families or 25 or more persons daily for ~ any 60 or more days in a calendar year. Public sewa.qe systems are further cateqorized as follows: (i) "Community sewage system" means a public sewage system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents=; or (ii) "Non-community sewage system" means any public sewage system which is not a community sewage system=;. (d) "Service connection" means a line that provides water or sewer service to one building or living unit=; (e) "Sewage system" means a device for collecting or conducting sewage, industrial wastes, or other wastes to an ultimate disposal point=; MAR Notice No. 17-262 15-8/9/07 -1068- (f) "Subsurface sewage treatment system" means the method of sewage treatment in which the effluent is applied below the soil surfac~;. (g) '~'astewater" means sewage, industrial waste, other wastes, or any combination thereof=; (h) "Wastewater system" means a public sewage system or other system that collects, transports, treats, or disposes of industrial waste~; (i) "Professional engineer" means an engineer licensed or otherwise authorized to practice engineering in Montana pursuant to Title 37, chapter 67, MCA=; and (j) "Public water supply system" means a system for the provision of water for human consumption from a community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that has at least 15 service connections or that regularly serves at least 25 persons daily for any 60 or more days in a calendar year. Public water supply systems are further categorized as follows: (i) "Community water system" means a public water supply system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents=; or (ii) "Non:community water system" means a public water supply system that is not a community water system. (4) A person may not commence or continue the construction, alteration, extension, or operation of a public water supply system or wastewater system until the applicant has submitted a design report along with the necessary plans and specifications for the system to the department or a delegated division of local government for its review and has received written approval. Three sets of plans and specifications are needed for final approval. Approval by the department or a delegated division of local government is contingent upon construction and operation of the public water supply or wastewater system consistent with the approved design report, plans, and specifications. Failure to construct or operate the system according to the approved plans and specifications or the department's conditions of approval is an alteration for purposes of this rule~ Design reports, plans, and specifications must meet the followin.q criteria: (a) the design report, plans, and specifications for community water systems must be prepared and designed by a professional engineer in accordance with the format and criteda set forth in department Circular DEQ-1, "Montana Department of Environmental Quality Standards for Water Works=;" (b) the design report, plans, and specifications for non-community water systems must be prepared in accordance with the format and criteria set forth in department Circular DEQ-3, "Montana Department of Environmental Quality Standards for Small Water Systems." The department or a delegated division of local government may require the plans and specifications for such a system to be prepared by a professional engineer when the complexity of the proposed system warrants such engineering (e.g., systems using gravity storage, pressure booster/reduction stations). The department or a delegated division of local government will require the plans and specifications for such a system to be prepared by a professional engineer when treatment processes and equipment, subject to review under department Circular DEQ-1, "Montana Department of 15-8/9/07 MAR Notice No. 17-262 -1069- Environmental Quality Standards for Water Works," is are proposed. The department or a delegated division of local govemment may allow standard plans and specifications previously approved by the department to be used for such a system in place of those prepared by a professional engineer on a case-by-case basis=.: (c) the design report, plans, and specifications for all wastewater systems, except public subsurface sewage treatment systems, must be prepared and designed by a professional engineer in accordance with the format and criteda set forth in department Circular DEQ-2, "Montana Department of Environmental Quality Design Standards for Wastewater Facilities~_." 4999-editie~. The design report, plans, and specifications for a wastewater system must also be designed to protect public health and ensure compliance with the Montana Water Quality Act, Title 75, chapter 5, MCA, and rules adopted under the Act, including ARM Title 17, chapter 30, subchapter 7=: (d) the boardadepts and incorporates by reference ARM 17.36.320 through 17.36.32~ and 17.36.327, =.".d 17.35.3't5. The design report, plans, and specifications for public subsurface sewage treatment systems must be prepared in accordance with ARM 17.36.320 through 17.36.325~ and 17.36.327, .... and in accordance with the format and criteria set forth in department Circular DEQ- 4, "Montana Standards for Subsurface Wastewater Treatment Systems=.;" (e) the design report, plans, and specifications for water extensions or ........ that meet the criteria in "Water Main Certified Checklist" may be replacements submitted under that abbreviated process=: (f) the design report, plans, and specifications for sewer extensions or replacements ........ that meet the criteria in "Sewer Main Certified Checklist" may be submitted under that abbreviated process=;. ...-~ ...... -...,"' -..~' ..... ~,.....--*"'~ by th= d:p=.'!.mcnt, the desi.qn report, plans, and specifications for new community water supply wells that meet the criteria specified in the "Community Water Supply Well Expedited Review checklist" may be submitted under that abbreviated process; ~n ,~ ..... ""' *~ ~ ..... ~ ........ ~'; ........ the desi.qn report, plans, and specifications for new non-cemmunity water supply wells that meet the criteria specified in the "Non-community Water Supply Well Expedited Review Checklist" may be submitted under that abbreviated process; and (i) the department may qrant a deviation from the standards referenced in (4)('a) throu(~h (f) when the applicant has demonstrated to the satisfaction of the department that strict adherence to the standards of this rule is not necessary to protect public health and the quality of state waters. Deviations from the standard.~ MAR Notice No. 17-262 15-8/9/07 -1070- ~ may be granted only by the department. (5) through (7) remain the same. (8) The department or a delegated division of local government shall issue written approval for a public water supply system or wastewater system if it determines that the design report, plans, and specifications are complete and the applicant has complied with all provisions of this rule. The approval may be conditional as follows: (a) the department's approval of a public water supply system may set forth conditions of approval which may include~ but shall not be limited to~ those specifying limits on quantities available for irrigation and fire flows, limited storage, standby power soumes, and peak flows; or (b) the department's approval of a wastewater system may set forth conditions of approval which may include~ but shall not be limited to, expected performance characteristics and performance limitations such as operations, staffing, financing, wastewater loads, standby power, and access. (9) through (I5) remain the same. (16) 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) through (d) remain the same. (e) Department of Environmental Quality Water Main Certified Checklist, 200~ 2007 edition, which sets forth minimum criteria and design standards for water main extensions and replacements; (f) Department of Environmental Quality Sewer Main Certified Checklist, 2OO~ 2007 edition, which sets forth minimum criteria and design standards for sewer main extensions and replacements; c~d ~ Department of Environmental Quality Community Water Supply Well Expedited Review Checklist, 2007 edition, which sets forth minimum criteda and design standards for new community water supply wells; (h) Department of Environmental Quality Non-community Water Supply Well Expedited Review Checklist, 2007 edition, which sets forth minimum criteria and des[qn standards for new non-community water supply wells; and (i) 40 CFR 141.5, which sets forth s tin.q requirements for public water supply components. (17) remains the same. AUTH: 75-6-103, MCA IMP: 75-6-103, 75-6-112, 75-5-121, MCA REASON: The department is proposing these amendments to update existing rules regarding public water supplies by making the rules consistent with the Montana Public Water Supply laws, 75-6-101, et seq., MCA, by modifying existing rules for clarification purposes, and by adopting new fees or modifying existing fees. These proposed amendments are necessary to allow the department to meet legislative intent, streamline department processes, and to clarify the rules of compliance for the regUlated community. The amendments to the punctuation in 15-8/9/07 MAR Notice No. 17-262 -1071- ARM 17.38.101 are proposed to make the rule conform to format standards of the Secretary of State's office. The proposed amendment to ARM 17.38.101 (3)(c) is necessary for clarification purposes and to conform the definition to 75-6-102(15), MCA. The current definition for a "public sewage system" creates confusion within the regulated community as to what is a public sewage system. Presently, members of the regulated community confuse the term, "... for a period of at least 60 days ..." to mean a pedod of consecutive days. This language was removed from other definitions in previous rule amendments, but was left in this definition. The proposed amendment is intended to cladfy the requirement for the regulated community. The proposed amendment to ARM 17.38.101(4)(d)will delete an unnecessary reference. The deleted reference is to a rule that adopts various department circulars. These circulars are already adopted in this rule. The proposed amendments to ARM 17.38.101(4)(g), (h), and proposed new (i) are necessary for clarification of numbering and to-adOpt a checklist proCess fo~ the abbreviated review of community and non-community wells. The proposed amendments will allow for a significant reduction in the amount of time for the applicant's completion of engineering plans and specifications. Previous language for (g) is moved and renumbered as new (i). Previous language for (h) is proposed to be deleted because it is inconsistent with the statutory provisions of 75-6-126, MCA. The proposed amendments to ARM 17.38.101(16)(e) and (f) are necessary to adopt the 2007 edition of the Water Main Certified Checklist and the Sewer Main Certified Checklist, respectively. The 2007 editions remove language that indicates that a complete department review is not being completed and replace the specific dollar amount for review fee with the fee structure found in ARM 17.38.106. The proposed amendments to ARM 17.38.101(16)(g), (h), and proposed new (i) are necessary for clarification of line item .numbering and the adoption by reference of the new expedited checklists for review of community and non- community water supply wells. The proposed amendments to. (16) will significantly reduce the amount of time for the applicant's completion of engineering plans and specifications and for the department's review of those plans and specifications. Previous language for (g) is moved and renumbered as new (i). 17.38.106 FEES (1) remains the same. (2) =""o · ...... ~ ..... ~ "' ..... '~ .... ~*~""*~ ...... ~"~"'~ ^" ~/'~ +~'"" 'gh ~..,/'~ -...'~"'~ ~v,./'~ Department review will not be initiated until fees calculated under (2)(a) throu.qh (e) and (5) have been received by the department. If applicable, the final approval will not be issued until the calculated fees under (3) and (4) have been paid in full. The total fee for the review of a set of plans and specifications is the sum of the fees for the applicable parts or sub-parts listed in these citations. ~ (a) The fee schedule for designs requiring review for compliance with department Circular DEQ-1 is set forth in Schedule I, as follows: MAR Notice No. 17-262 15-8/9/07 -1072- ' SCHEDULE I Policies ultra violet disinfection ................................................................ $ 400 point-of-use/point-of-entry treatment .......................................... $ 200 Section 1.0 En.q neerin.q report .............................................................. $ 200 Section 3.1 Surface water qualityand quantity ..................................................................... $ 200 structures .................................................................................... $ 100 Section 3.2 Groundwater ...................................................................... $ 600 Section 4.1 Clarification standard clarification ................................................................... $ 500 solid contact units ....................................................................... $1,000 Section 4,2 Filtration rapid rate .................................................................................... $1,250 pressure filtration ...................................... ..~ ................................. $ 950 diatomaceous earth .................................................................... $ 950 slow sand .................................................................................... $ 950 direct filtration ............................................................................. $ 950 biologically active filtration .......................................................... $ 950 membrane filtration ..................................................................... $ 600 micro and ultra filtration .............................................................. $ 600 bag and cartridge filtration .......................................................... $ 300 Section 4.3 Disinfection ......................................................................... $ 400 Section 4.4 Softening ............................................................................ $ 500 Section 4.5 Aeration natural draft ................................................................................. $ 200 forced draft .................................................................................. $ 200 spray/pressure ............................................................................. $ 200 packed tower ............................................................................... $ 500 Section 4.6 Iron and manganese ~ .......................................................... $ 200 Section 4.7 Fluoridation .......................................................................... $ 300 Section 4.8 Stabilization ......................................................................... $ 300 Section 4.9 Taste and odor control ........................................................ $ 400 Section 4.10 Microscreening .................................................................. $ 200 Section 4.11 Ion exchange ........................................ ,.,...,,:..~,~.~ .............. $ 500 Section 4.12 Adsorptive media.: ............................................................. $ 500 Chapter 5 Chemical application ............................................................. $ 700 Chapter 6 Pumping facilities ................................................................... $ 700 Section 7.1 Plant storage ....................................................................... $ 500 Section 7.2 Hydropneumatic tanks ......................................................... $ 200 Section 7.3 Distribution storage ............................................................. $ 500 Section 7.4 Cisterns ............................................................................... $ 200 Chapter 8 Distribution system 15-8/9/07 MAR Notice No. 17-262 -1073- per lot fee ......... $ 30 non-standard specifications ..... $ 300 transmission distribution (per lineal foot) ..................................... $ 0.10 Chapter 9 Waste disposal ......... : ............................................................ $ 250 Appendix A new systems ................................................................................ $ 200 modifications .................................................................. : ............. $ 100 (b) The fee schedule for designs requiring review for compliance with department Circular DEQ-2 is set forth in Schedule II, as follows: SCHEDULE II Chapter 10 Engineering reports and facility plans; .... p_ngineering repq~s (minor) ........... ~. ........... ...,._.. $ 390 200 comprehensive facility plan ,(major) ............................................ $1,000 Chapter 30 Design of sewers .............................. s~ecc .......................................... _- 4320. ,,,,..,11-~-I ~e~+,~_.,.,i+h~. ,+ ...., ,----...., ,----.."+""a~'aspecs .................................. $ ~nn~.~ per lot fee ............... $ 30 non-standa~ specifi~tions ........................................................ $ 30~ collection system (per lineal foot) ............................................... $ 0.10 Chapter 40 Sewage pumping station force mains (per lineal foot) ........................................................ $ 0.1~ 1000 gpm or less ........................................................................ $ 400 greater than 1000 gpm ................................................................ $ 800 Chapter 60 S~eening grit removal screening devices and ~mminutom .......................................... $ 300 gdt removal ................................................................................. $ 300 flow equalization ......................................................................... $ 500 Chapter 70 Seffiing .............................................................................. '..$ 800 ~---C~r 80~I:~-~:.~:.:.~::::~.~:.~:::..::~:::....~:::......:~..$1,600 Chapter 90 Biological ~eatment ............................................................ $ 2,400 nonaerat~ treatment ponds ...................................................... $ 800 aemt~ ~eatment ponds.. ............................................... $1,400 Chapter 100 Disinfe~ion ....................................................................... $ 500 Appendices A, B, C. & D (per design) ................................................... $ 700 (-d-) ~ The fee schedule for designs requiring review for compliance with department Cimular DEQ-3 is set forth in Schedule I11, as follows: MAR Notice No. 17-262 15-8/9/07 -1074- , SCHEDULE Ill Section 3.2 Ground water ...................................................................... $ 600 Chapter 6 Pump facilities ...................................................................... $ 250 Chapter 7 Finished storage/hydropneumatic tanks ......... ~ ..................... $ 200 Chapter 8 Distribution system ............................................................... $ 300 (d) The fee schedule for designs requiring review for compliance with department Circular DEQ-4 is set forth in Schedule IV, as follows: SCHEDULE IV Chapter 7 Septic Tanks ......................................................................... $ Chapters 8, 10, 11, 12, 13 Absorption Trenches ................................... $ Chapter 9 Dosing System ..................................................................... $ Chapter 14 Elevated Sand Mounds ...................................................... $ Chapters 15, 16, 17 Filters .................................................................... $ ChapterS 17, 18 ETA and ET SyStems i ....... .~. ;;~.~....:~......~ .................... $ Chapter 20 Aerobic Treatment .............................................................. $ Chapter 21 Chemical Nutrient-Reduction Systems ............................... $ Chapter 24, 25, 26, 27 Holding Tanks, Pit Privy, Seepage Pits ............ $ Appendix D ............... J ............................................................................ $ 100 100 100 100 2OO 20O 2OO 5O 100 20O Non-degradation Review ....................................................................... $ 200 (e) The fee schedule for the review of plans and specifications not covered by a specific department design standard, but within one of the following categories, is set forth in Schedule ~V as follows: SCHEDULE ~V Spring box and collection lateral ........................................................... $ 250 (3) Fees for review of plans and specifications not covered under (2~ are established by the department based on a charge of $,~ 60 per hour multiplied by the time required to review the plans and specifications. The review time applied to each set of plans and specifications will be determined by the review engineer and documented with time sheets. Thc "'""~ .... ~" (4) The fee for review of plans and specifications previously denied, for staff time over two hours, is $~ 60 per hour~ assessed in half-hour increments, multiplied by the time required to review the plans and specifications. The review time applied to each set of plans and specifications must be determined by the review engineer and documented with time sheets. (5) The fee for review of deviations is $100 200 per deviation. (6) and (7) remain the same. AUTH: 75-6-108, MCA IMP: 75-6-108, MCA 15-8/9/07 MAR Notice No. 17-262 -1075- REASON: The Legislature requires that the department collect fees for engineering review that are commensurate with the costs of those reviews. Section 75-6-108(1 ), MCA. In 2005, the board modified the review fees to address legislative audits that found that fees were not recovering review costs. However, in 2007 the department incurred a shortage of approximately $150,000 based on approximately 420 applications. The fee changes proposed in these rules would allow the department to collect approximately $150,000 more in fees for 420 applications in a year. Although the department cannot predict the number of applications that it will receive next year, the proposed fees are intended to correct the discrepancy between review fees and review costs. The proposed amendment to ARM 17.38.106(2) is necessary to clarify that all applicable engineering review fees must be paid before a final approval will be issued. This clarification will ensure that the department collects fees for all review work done. ....... The prepese(~amendments4o ARMI-7.38~06(2)(a). and~b) are necessary JEt adjust the fee table so that the department is able to collect fees commensurate with the costs of those engineering reviews. The amendments include removal of existing fees and line items, addition of new fees for new line items, and modification of existing line item fees. The proposed amendments to ARM 17.38.106(2)(c) and the new (d) are necessary to cladfy review fees and to add new line items charged under DEQ-4. These proposed amendments are intended to adjust the required fees to more closely match the actual costs associated with engineering review work. The proposed amendments to ARM 17.38.106(3) and (4) are necessary in order to recover costs associated with engineering review. The present language allowing a "maximum" fee is contrary to the legislative requirement to recover commensurate costs. The proposed' amendment to ARM 17.38.106(5) is necessary to collect fees commensurate with the cost of engineering review for deviations. 4. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to the board secretary at Board of Environmental Review, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; Or e-m~ile-~o ~-@~7. g~, n~ I~r~ 5ib~,., ~-p~em-5~r ~,, 20077To b~ ....... guaranteed consideration, mailed comments must be postmarked on or before that date. 5. Katherine Orr, attorney for the board, or another attorney for the Agency Legal Services Bureau, has been designated to preside over andconduct the hearing. 6. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos MAR Notice No. 17-262 15-8/9/07 -1076- control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supplies; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA. SUch written request may be mailed or delivered to the board secretary at Board of Environmental Review, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; e-mailed to ber@mt.gov; or may be made by completing a request form at any rules hearing held by the board. 7. The bill sponsor notice requirements of 2-4-302, MCA, do not apply. BOARD OF ENVIRONMENTAL REVIEW Reviewed by: /s/ James M. Madden JAMES M. MADDEN Rule Reviewer BY: /si Joseph W. Russell JOSEPH W. RUSSELL, M.P.H., Chairman Certified to the Secretary of State, July 30, 2007. 15-8/9/07 MAR Notice No. 17-262