(1) For purposes of this rule, "delegated division of local government" means a local government that has been delegated authority pursuant to ARM 17.38.102 and 75-6-121, MCA, to review and approve plans and specifications for public water supply or wastewater systems, as designated in the written delegation.

(2) The purpose of this rule is to assure the protection of public health and the quality of state waters by requiring review and approval, by either the department or a delegated division of local government, of plans and specifications for siting, construction, and modification of public water supply and wastewater systems prior to the beginning of construction.

(3) As used in this rule, the following definitions apply in addition to those in 75-6-102, MCA:

(a) "Accessory building" means a subordinate building or structure on the same lot as the main building, which is under the same ownership as the main building, and which is devoted exclusively to an accessory use such as a garage, workshop, art studio, guest house, or church rectory;

(b) "Applicant" means a person who submits plans and specifications for approval pursuant to this rule;

(c) "Gray water" is defined in 75-5-325, MCA.

(d) "Main" means any line providing water or sewer to multiple service connections, any line serving a water hydrant that is designed for fire fighting purposes, or any line that is designed to water or sewer main specifications;

(e) "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 sewage systems are further categorized 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;

(f) "Service connection" means a line that provides water or sewer service to a single building or main building with accessory buildings, and that is designed to service line specifications;

(g) "Sewage system" means a device for collecting or conducting sewage, industrial wastes, or other wastes to an ultimate disposal point;

(h) "Subsurface sewage treatment system" means the method of sewage treatment in which the effluent is applied below the soil surface;

(i) "Wastewater" means sewage, industrial waste, other wastes, or any combination thereof;

(j) "Wastewater system" means a public sewage system or other system that collects, transports, treats, or disposes of industrial wastes;

(k) "Professional engineer" means an engineer licensed or otherwise authorized to practice engineering in Montana pursuant to Title 37, chapter 67, MCA; and

(l) "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 following 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 criteria 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 Environmental Quality Standards for Water Works," are proposed. The department or a delegated division of local government 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 criteria set forth in department Circular DEQ-2, "Montana Department of Environmental Quality Design Standards for Wastewater Facilities." 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 board adopts and incorporates by reference ARM 17.36.320 through 17.36.325 and 17.36.327. 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 board adopts and incorporates by reference ARM 17.36.319 for purposes of review of public gray water irrigation systems. The design report, plans, and specifications for public gray water irrigation systems must be prepared in accordance with ARM 17.36.319, and in accordance with the format and criteria set forth in Department Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatment Systems." For purposes of this chapter, "gray water" means wastewater that is collected separately from a sewage flow and that does not contain industrial chemicals, hazardous wastes, or wastewater from toilets.

(f) the design report, plans, and specifications for water extensions or replacements that meet the criteria in "Water Main Certified Checklist" may be submitted under that abbreviated process;

(g) 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;

(h) the design 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;

(i) the design report, plans, and specifications for new non-community 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

(j) the department may grant a deviation from the standards referenced in (4)(a) through (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 standards may be granted only by the department.

(5) To resume review of plans and specifications for a project that has been inactive for more than a year after issuance of a denial letter by the reviewing authority, the applicant must resubmit plans and specifications and fees as required in ARM 17.38.106. 

(6) Plans and specifications for a project that would violate the approval of a public water supply will not be approved by the reviewing authority.

(7) Except as provided in (10)(a), upon receipt of a submittal or resubmittal under (4), the department shall provide a written response to the applicant within 60 days that either approves the submittal, approves the submittal with conditions, describes additional information that must be submitted to the department, or denies the submittal.

(8) The department or a delegated division of local government shall issue a 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 sources, 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) Except as provided in (10)(b), unless the applicant has completed the construction, alteration, or extension of a public water supply or wastewater system within three years after the department or a delegated unit of local government has issued its written approval, the approval is void and a design report, plans, and specifications must be resubmitted as required by (4) with the appropriate fees specified in this subchapter. The department may grant a completion deadline extension if the applicant requests an extension in writing and demonstrates adequate justification to the department.

(10) As provided in 75-6-131, MCA, the following requirements apply to regional public water supply systems for which a final engineering report has been approved by the United States Bureau of Reclamation. These requirements are in addition to the other requirements in this chapter, except where a rule specifically provides otherwise:

(a) Upon receipt of a submittal or resubmittal under (4) of plans, specifications, or deviation requests for the storage, pumping, and distribution portions of a regional public water supply system, the department shall provide a written response within 40 calendar days after a submittal and within 20 working days after a resubmittal. The department's response must approve the submittal, approve the submittal with conditions, describe additional information that must be submitted to the department, or deny the submittal. 

(b) Portions of a regional public water supply system for which the department has reviewed and approved plans, specifications, or deviations under (4) are not subject to changes in department design or construction criteria for a period of 72 months after the department's approval. Unless the applicant has completed construction, alteration, or extension of the approved portions of the system within 72 months after the department's approval, the approval is void and a design report, plans, and specifications must be resubmitted under (4) with the appropriate fees specified in this subchapter. The department may grant a completion deadline extension if the applicant requests an extension in writing and demonstrates adequate justification to the department.

(c) Except as provided in (4) and (10)(b), the approval of a regional water system's standard construction contract documents and provisions for amendments to those documents remains in effect for the construction period of the project as contained in the final engineering report approved by the United States Bureau of Reclamation.

(11) The applicant shall not deviate from the approved plans and specifications without first receiving approval from the governmental entity that approved the plans and specifications.

(12) A person may not commence or continue the operation of a public water supply or wastewater system, or any portion of such system, prior to certifying by letter to the department or a delegated division of local government that the system, or portion of the system constructed, altered, or extended to that date, was completed in accordance with plans and specifications approved by the department. For a system or any portion of a system designed by a professional engineer, the engineer shall sign and submit the certification letter to the department or a delegated division of local government.

(13) Within 90 days after the completion of construction, alteration, or extension of a public water supply or wastewater system, or any portion of such system, a complete set of certified "as-built" drawings must be signed and submitted to the department or a delegated division of local government. The department may require that the "as-built" submittal be accompanied by an operation and maintenance manual. For a system or any portion of a system designed by a professional engineer, the engineer shall sign and submit the certified "as-built" drawings to the department or a delegated division of local government.

(14) The applicant shall submit documentation indicating commitment to retain a qualified professional to provide certification that the system was built in conformance with the approved plans and specifications. If the system was designed by a professional engineer, the documentation must indicate that the certification will be provided by a professional engineer.

(15) The department or a delegated division of local government may require that chemical analyses, microbiological examinations, flow tests, pressure tests, treatment plant performance records, or other measures of performance for a public water supply or wastewater system be conducted by the applicant to substantiate that the system complies with the criteria set forth in the design report, plans, and specifications. 

(16) When design reports, plans, and specifications submitted pursuant to this rule are also part of a submittal for compliance with plan review pursuant to the Sanitation in Subdivisions Act, (Title 76, chapter 4, MCA) the applicant shall so indicate by written notice accompanying the submittal. Review under this rule will then be conducted pursuant to Title 76, chapter 4, MCA.

(17) 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 of Environmental Quality Circular DEQ-1, 2006 edition, which sets forth the requirements for the design and preparation of plans and specifications for public water supply systems;

(b) Department of Environmental Quality Circular DEQ-2, 1999 edition, which sets forth the requirements for the design and preparation of plans and specifications for sewage works;

(c) Department of Environmental Quality Circular DEQ-3, 2006 edition, which sets forth minimum design standards for small water systems;

(d) Department of Environmental Quality Circular DEQ-4, 2009 edition, which sets forth standards for subsurface wastewater treatment systems;

(e) Department of Environmental Quality Water Main Certified Checklist, 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, 2007 edition, which sets forth minimum criteria and design standards for sewer main extensions and replacements;

(g) Department of Environmental Quality Community Water Supply Well Expedited Review Checklist, 2007 edition, which sets forth minimum criteria 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 design standards for new non-community water supply wells; and

(i) 40 CFR 141.5, which sets forth siting requirements for public water supply components.

(18) A copy of any of the documents adopted under (16) may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901. 

(1) For purposes of this rule, "delegated division of local government" means a local government that has been delegated authority pursuant to ARM 17.38.102 and 75-6-121, MCA, to review and approve plans and specifications for public water supply or public sewage systems, as designated in the written delegation.

(2) The purpose of this rule is to assure the protection of public health and the quality of state waters by requiring review and approval, by either the department or a delegated division of local government, of plans and specifications for siting, construction, and modification of public water supply and public sewage systems prior to the beginning of construction.

(3) As used in this rule, the following definitions apply in addition to those in 75-6-102, MCA:

(a) "Accessory building" means a subordinate building or structure on the same lot as the main building, which is under the same ownership as the main building, and which is devoted exclusively to an accessory use such as a garage, workshop, art studio, guest house, or church rectory;

(b) "Applicant" means a person who submits plans and specifications for approval pursuant to this rule;

(c) "Gray water" is defined in 75-5-325, MCA.

(d) "Main" means any line providing water or sewer to multiple service connections, any line serving a water hydrant that is designed for fire fighting purposes, or any line that is designed to water or sewer main specifications;

(e) "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 sewage systems are further categorized 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;

(f) "Reclaimed wastewater" is defined in 75-6-102, MCA;

(g) "Rural distribution system" means those portions of a water distribution system that are outside the limits of a city or town and that:

(i) have fewer than four service connections per mile on average;

(ii) are constructed of water mains six inches in diameter or less; and

(iii) do not provide fire flows.

(h) "Service connection" means a line that provides water or sewer service to a single building or main building with accessory buildings, and that is designed to service line specifications;

(i) "Sewage system" means a device for collecting or conducting sewage, industrial wastes, or other wastes to an ultimate disposal point;

(j) "Subsurface sewage treatment system" means the method of sewage treatment in which the effluent is applied below the soil surface;

(k) "Wastewater" means sewage, industrial waste, other wastes, or any combination thereof;

(l) "Wastewater system" means a public sewage system or other system that collects, transports, treats, or disposes of industrial wastes;

(m) "Professional engineer" means an engineer licensed or otherwise authorized to practice engineering in Montana pursuant to Title 37, chapter 67, MCA; and

(n) "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 public sewage 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 public sewage 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 following 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 criteria set forth in department Circular DEQ-1, "Montana Department of Environmental Quality Standards for Water Works;"

(b) the design report, plans, and specifications for noncommunity water systems must be prepared in accordance with the format and criteria set forth in Department Circular DEQ-3, "Standards for Small Water Systems."

(i) 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).

(ii) Except as provided in (iii), 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:

(A) system components subject to review under Department Circular DEQ-1, "Standards for Water Works," are proposed;

(B) chlorination subject to review under Department Circular DEQ-3, "Standards for Small Water Systems," is proposed; or

(C) springs subject to review under Department Circular DEQ-10, "Standards for the Development of Springs to Serve Public Water Supply Systems" are proposed.

(iii) The department or a delegated division of local government 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 public sewage systems, except public subsurface sewage treatment systems, must be prepared and designed by a professional engineer in accordance with the format and criteria set forth in Department Circular DEQ-2, "Montana Department of Environmental Quality Design Standards for Public Sewage Systems." The design report, plans, and specifications for a public sewage 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 board adopts and incorporates by reference ARM 17.36.320 through 17.36.325. 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 with the format and criteria set forth in Department Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatment Systems." For public subsurface sewage treatment systems with a design flow greater than or equal to 2500 gallons per day, the design report, plans, and specifications must be prepared by a professional engineer.

(e) the board adopts and incorporates by reference ARM 17.36.319 for purposes of review of public gray water irrigation systems. The design report, plans, and specifications for public gray water irrigation systems must be prepared in accordance with ARM 17.36.319, and in accordance with the format and criteria set forth in Department Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatment Systems." For purposes of this chapter, "gray water" means wastewater that is collected separately from a sewage flow and that does not contain industrial chemicals, hazardous wastes, or wastewater from toilets.

(f) the design report, plans, and specifications for water extensions or replacements that meet the criteria in "Water Main Certified Checklist" may be submitted under that abbreviated process;

(g) 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;

(h) the design 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;

(i) the design report, plans, and specifications for new non-community 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

(j) the department may grant a deviation from the standards referenced in (4)(a) through (e) 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 standards may be granted only by the department.

(5) To resume review of plans and specifications for a project that has been inactive for more than a year after issuance of a denial letter by the reviewing authority, the applicant must resubmit plans and specifications and fees as required in ARM 17.38.106.

(6) Plans and specifications for a project that would violate the approval of a public water supply system, public wastewater system, or that would cause a significant deficiency, as defined in ARM 17.38.104(1), may not be approved by the reviewing authority.

(7) Except as provided in (10)(a), upon receipt of a submittal or resubmittal under (4), the department shall provide a written response to the applicant within 60 days that either approves the submittal, approves the submittal with conditions, describes additional information that must be submitted to the department, or denies the submittal.

(8) The department or a delegated division of local government shall issue a written approval for a public water supply system or public sewage 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 sources, and peak flows;

(b) the department's approval of a public sewage 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; or

(c) the department's approval of the use of reclaimed wastewater by a public sewage system must require compliance with the treatment standards, monitoring, recordkeeping, and reporting requirements required for each classification, as described in Department Circular DEQ-2.

(9) Except as provided in (11)(b), unless the applicant has completed the construction, alteration, or extension of a public water supply or public sewage system within three years after the department or a delegated unit of local government has issued its written approval, the approval is void and a design report, plans, and specifications must be resubmitted as required by (4) with the appropriate fees specified in this subchapter.

(a) If the relevant design standards and administrative rules have not changed since the original approval was issued, the department may, at its discretion, reapprove the project using the following abbreviated process:

(i) The original design report, plans, and specifications must be resubmitted as required by (4).

(ii) The engineer or firm that originally submitted the project must, in writing, grant permission for the department to re-review the plan set, and state that the conditions surrounding the original submission have not changed.

(iii) The review fee will be established by the hourly rate designated in ARM 17.38.106(3) multiplied by the time required to review the plans and specifications.

(10) Continuously active public water supply systems that have never submitted plans and specifications for department review are not required to submit plans and specifications unless specifically required by the department. All public water supply systems that are inactive for three or more years must submit a design report, plans, and specifications, as required by (4) with the appropriate fees specified in this subchapter, for approval prior to reactivation. Previously approved systems that have been inactive for three or more years may, at the department's discretion, use the abbreviated review process described in (9)(a).

(11) As provided in 75-6-131, MCA, the following requirements apply to regional public water supply systems for which a final engineering report has been approved by the United States Bureau of Reclamation. These requirements are in addition to the other requirements in this chapter, except where a rule specifically provides otherwise:

(a) Upon receipt of a submittal or resubmittal under (4) of plans, specifications, or deviation requests for the storage, pumping, and distribution portions of a regional public water supply system, the department shall provide a written response within 40 calendar days after a submittal and within 20 working days after a resubmittal. The department's response must approve the submittal, approve the submittal with conditions, describe additional information that must be submitted to the department, or deny the submittal.

(b) Portions of a regional public water supply system for which the department has reviewed and approved plans, specifications, or deviations under (4) are not subject to changes in department design or construction criteria for a period of 72 months after the department's approval. Unless the applicant has completed construction, alteration, or extension of the approved portions of the system within 72 months after the department's approval, the approval is void and a design report, plans, and specifications must be resubmitted under (4) with the appropriate fees specified in this subchapter. The department may grant a completion deadline extension if the applicant requests an extension in writing and demonstrates adequate justification to the department.

(c) Except as provided in (4) and (11)(b), the approval of a regional water system's standard construction contract documents and provisions for amendments to those documents remains in effect for the construction period of the project as contained in the final engineering report approved by the United States Bureau of Reclamation.

(12) The applicant shall not deviate from the approved plans and specifications without first receiving approval from the governmental entity that approved the plans and specifications.

(13) A person may not commence or continue the operation of a public water supply or public sewage system, or any portion of such system, prior to certifying by letter to the department or a delegated division of local government that the system, or portion of the system constructed, altered, or extended to that date, was completed in substantial accordance with plans and specifications approved by the department and there are no deviations from the design standards of the applicable circulars other than those previously approved by the department pursuant to ARM 17.38.101. For a system or any portion of a system designed by a professional engineer, an engineer shall sign and submit the certification letter to the department or a delegated division of local government.

(14) Within 90 days after the completion of construction, alteration, or extension of a public water supply or public sewage system, or any portion of such system, a complete set of certified "as-built" drawings must be signed and submitted to the department or a delegated division of local government. The department may require that the "as-built" submittal be accompanied by an operation and maintenance manual. For a system or any portion of a system designed by a professional engineer, an engineer shall sign and submit the certified "as-built" drawings to the department or a delegated division of local government.

(15) The applicant shall submit documentation indicating commitment to retain a qualified professional to provide certification that the system was built in conformance with the approved plans and specifications. If the system was designed by a professional engineer, the documentation must indicate that the certification will be provided by a professional engineer.

(16) The department or a delegated division of local government may require that chemical analyses, microbiological examinations, flow tests, pressure tests, treatment plant performance records, or other measures of performance for a public water supply or public sewage system be conducted by the applicant to substantiate that the system complies with the criteria set forth in the design report, plans, and specifications.

(17) When design reports, plans, and specifications submitted pursuant to this rule are also part of a submittal for compliance with plan review pursuant to the Sanitation in Subdivisions Act, (Title 76, chapter 4, MCA) the applicant shall so indicate by written notice accompanying the submittal. Review under this rule will then be conducted pursuant to Title 76, chapter 4, MCA.

(18) When design reports, plans, and specifications submitted pursuant to this rule include a proposal to use reclaimed wastewater, the department or delegated division of local government may not approve the proposal until the applicant has obtained any necessary approvals required under Title 85, MCA, from the Department of Natural Resources and Conservation.

(19) An owner or operator of a public sewage system may not:

(a) use reclaimed wastewater for a use that has not been approved by the department or by a delegated division of local government, according to the use classification system in Department Circular DEQ-2, "Montana Department of Environmental Quality Design Standards for Public Sewage Systems;" or

(b) use reclaimed wastewater that has not been treated to the applicable standards for the use set forth in Department Circular DEQ-2, "Montana Department of Environmental Quality Design Standards for Public Sewage Systems."

(20) For purposes of this chapter, the board 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, 2014 edition, which sets forth the requirements for the design and preparation of plans and specifications for public water supply systems;

(b) Department of Environmental Quality Circular DEQ-2, 2012 edition, which sets forth the requirements for the design and preparation of plans and specifications for sewage works;

(c) Department Circular DEQ-3, 2014 edition, which sets forth minimum design standards for small water systems;

(d) Department Circular DEQ-4, 2013 edition, which sets forth standards for subsurface wastewater treatment systems;

(e) Department Water Main Certified Checklist, 2014 edition, which sets forth minimum criteria and design standards for water main extensions and replacements;

(f) Department Sewer Main Certified Checklist, 2014 edition, which sets forth minimum criteria and design standards for sewer main extensions and replacements;

(g) Department Community Water Supply Well Expedited Review Checklist, 2014 edition, which sets forth minimum criteria and design standards for new community water supply wells;

(h) Department Noncommunity Water Supply Well Expedited Review Checklist, 2014 edition, which sets forth minimum criteria and design standards for new non-community water supply wells;

(i) 40 CFR 141.5, which sets forth siting requirements for public water supply components;

(j) Department Circular DEQ-10, 2014 edition, which sets forth the standards for development of springs to serve public water supply systems; and

(k) Department Circular DEQ-16, 2014 edition, which sets forth standards for cisterns to serve noncommunity public water supply systems.

(21) A copy of any of the documents adopted under (20) may be viewed at the Department of Environmental Quality, 1520 East Sixth Avenue, Helena, MT 59620-0901.

(1) For purposes of this rule, "delegated division of local government" means a local government that has been delegated authority pursuant to ARM 17.38.102 and 75-6-121, MCA, to review and approve plans and specifications for public water supply or public sewage systems, as designated in the written delegation.

(2) The purpose of this rule is to assure the protection of public health and the quality of state waters by requiring review and approval, by either the department or a delegated division of local government, of plans and specifications for siting, construction, and modification of public water supply and public sewage systems prior to the beginning of construction.

(3) As used in this rule, the following definitions apply in addition to those in 75-6-102, MCA:

(a) "Accessory building" means a subordinate building or structure on the same lot as the main building, which is under the same ownership as the main building, and which is devoted exclusively to an accessory use such as a garage, workshop, art studio, guest house, or church rectory;

(b) "Applicant" means a person who submits plans and specifications for approval pursuant to this rule;

(c) "Gray water" is defined in 75-5-325, MCA.

(d) "Main" means any line providing water or sewer to multiple service connections, any line serving a water hydrant that is designed for fire fighting purposes, or any line that is designed to water or sewer main specifications;

(e) "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 sewage systems are further categorized 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;

(f) "Reclaimed wastewater" is defined in 75-6-102, MCA;

(g) "Rural distribution system" means those portions of a water distribution system that are outside the limits of a city or town and that:

(i) have fewer than four service connections per mile on average;

(ii) are constructed of water mains six inches in diameter or less; and

(iii) do not provide fire flows.

(h) "Service connection" means a line that provides water or sewer service to a single building or main building with accessory buildings, and that is designed to service line specifications;

(i) "Sewage system" means a device for collecting or conducting sewage, industrial wastes, or other wastes to an ultimate disposal point;

(j) "Subsurface sewage treatment system" means the method of sewage treatment in which the effluent is applied below the soil surface;

(k) "Wastewater" means sewage, industrial waste, other wastes, or any combination thereof;

(l) "Wastewater system" means a public sewage system or other system that collects, transports, treats, or disposes of industrial wastes;

(m) "Professional engineer" means an engineer licensed or otherwise authorized to practice engineering in Montana pursuant to Title 37, chapter 67, MCA; and

(n) "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 public sewage 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 public sewage 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 following 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 criteria set forth in department Circular DEQ-1, "Montana Department of Environmental Quality Standards for Water Works;"

(b) the design report, plans, and specifications for noncommunity water systems must be prepared in accordance with the format and criteria set forth in Department Circular DEQ-3, "Standards for Small Water Systems."

(i) 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).

(ii) Except as provided in (iii), 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:

(A) system components subject to review under Department Circular DEQ-1, "Standards for Water Works," are proposed;

(B) chlorination subject to review under Department Circular DEQ-3, "Standards for Small Water Systems," is proposed; or

(C) springs subject to review under Department Circular DEQ-10, "Standards for the Development of Springs to Serve Public Water Supply Systems" are proposed.

(iii) The department or a delegated division of local government 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 public sewage systems, except public subsurface sewage treatment systems, must be prepared and designed by a professional engineer in accordance with the format and criteria set forth in Department Circular DEQ-2, "Montana Department of Environmental Quality Design Standards for Public Sewage Systems." The design report, plans, and specifications for a public sewage 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 board adopts and incorporates by reference ARM 17.36.320 through 17.36.325. 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 with the format and criteria set forth in Department Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatment Systems." For public subsurface sewage treatment systems with a design flow greater than or equal to 2500 gallons per day, the design report, plans, and specifications must be prepared by a professional engineer.

(e) the board adopts and incorporates by reference ARM 17.36.319 for purposes of review of public gray water irrigation systems. The design report, plans, and specifications for public gray water irrigation systems must be prepared in accordance with ARM 17.36.319, and in accordance with the format and criteria set forth in Department Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatment Systems." For purposes of this chapter, "gray water" means wastewater that is collected separately from a sewage flow and that does not contain industrial chemicals, hazardous wastes, or wastewater from toilets.

(f) the design report, plans, and specifications for water extensions or replacements that meet the criteria in "Water Main Certified Checklist" may be submitted under that abbreviated process;

(g) 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;

(h) the design 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;

(i) the design report, plans, and specifications for new non-community 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

(j) the department may grant a deviation from the standards referenced in (4)(a) through (e) 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 standards may be granted only by the department.

(5) To resume review of plans and specifications for a project that has been inactive for more than a year after issuance of a denial letter by the reviewing authority, the applicant must resubmit plans and specifications and fees as required in ARM 17.38.106.

(6) Plans and specifications for a project that would violate the approval of a public water supply system, public wastewater system, or that would cause a significant deficiency, as defined in ARM 17.38.104(1), may not be approved by the reviewing authority.

(7) Except as provided in (10)(a), upon receipt of a submittal or resubmittal under (4), the department shall provide a written response to the applicant within 60 days that either approves the submittal, approves the submittal with conditions, describes additional information that must be submitted to the department, or denies the submittal.

(8) The department or a delegated division of local government shall issue a written approval for a public water supply system or public sewage 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 sources, and peak flows;

(b) the department's approval of a public sewage 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; or

(c) the department's approval of the use of reclaimed wastewater by a public sewage system must require compliance with the treatment standards, monitoring, recordkeeping, and reporting requirements required for each classification, as described in Department Circular DEQ-2.

(9) Except as provided in (11)(b), unless the applicant has completed the construction, alteration, or extension of a public water supply or public sewage system within three years after the department or a delegated unit of local government has issued its written approval, the approval is void and a design report, plans, and specifications must be resubmitted as required by (4) with the appropriate fees specified in this subchapter.

(a) If the relevant design standards and administrative rules have not changed since the original approval was issued, the department may, at its discretion, reapprove the project using the following abbreviated process:

(i) The original design report, plans, and specifications must be resubmitted as required by (4).

(ii) The engineer or firm that originally submitted the project must, in writing, grant permission for the department to re-review the plan set, and state that the conditions surrounding the original submission have not changed.

(iii) The review fee will be established by the hourly rate designated in ARM 17.38.106(3) multiplied by the time required to review the plans and specifications.

(10) Continuously active public water supply systems that have never submitted plans and specifications for department review are not required to submit plans and specifications unless specifically required by the department. All public water supply systems that are inactive for three or more years must submit a design report, plans, and specifications, as required by (4) with the appropriate fees specified in this subchapter, for approval prior to reactivation. Previously approved systems that have been inactive for three or more years may, at the department's discretion, use the abbreviated review process described in (9)(a).

(11) As provided in 75-6-131, MCA, the following requirements apply to regional public water supply systems for which a final engineering report has been approved by the United States Bureau of Reclamation. These requirements are in addition to the other requirements in this chapter, except where a rule specifically provides otherwise:

(a) Upon receipt of a submittal or resubmittal under (4) of plans, specifications, or deviation requests for the storage, pumping, and distribution portions of a regional public water supply system, the department shall provide a written response within 40 calendar days after a submittal and within 20 working days after a resubmittal. The department's response must approve the submittal, approve the submittal with conditions, describe additional information that must be submitted to the department, or deny the submittal.

(b) Portions of a regional public water supply system for which the department has reviewed and approved plans, specifications, or deviations under (4) are not subject to changes in department design or construction criteria for a period of 72 months after the department's approval. Unless the applicant has completed construction, alteration, or extension of the approved portions of the system within 72 months after the department's approval, the approval is void and a design report, plans, and specifications must be resubmitted under (4) with the appropriate fees specified in this subchapter. The department may grant a completion deadline extension if the applicant requests an extension in writing and demonstrates adequate justification to the department.

(c) Except as provided in (4) and (11)(b), the approval of a regional water system's standard construction contract documents and provisions for amendments to those documents remains in effect for the construction period of the project as contained in the final engineering report approved by the United States Bureau of Reclamation.

(12) The applicant shall not deviate from the approved plans and specifications without first receiving approval from the governmental entity that approved the plans and specifications.

(13) A person may not commence or continue the operation of a public water supply or public sewage system, or any portion of such system, prior to certifying by letter to the department or a delegated division of local government that the system, or portion of the system constructed, altered, or extended to that date, was completed in substantial accordance with plans and specifications approved by the department and there are no deviations from the design standards of the applicable circulars other than those previously approved by the department pursuant to ARM 17.38.101. For a system or any portion of a system designed by a professional engineer, an engineer shall sign and submit the certification letter to the department or a delegated division of local government.

(14) Within 90 days after the completion of construction, alteration, or extension of a public water supply or public sewage system, or any portion of such system, a complete set of certified "as-built" drawings must be signed and submitted to the department or a delegated division of local government. The department may require that the "as-built" submittal be accompanied by an operation and maintenance manual. For a system or any portion of a system designed by a professional engineer, an engineer shall sign and submit the certified "as-built" drawings to the department or a delegated division of local government.

(15) The applicant shall submit documentation indicating commitment to retain a qualified professional to provide certification that the system was built in conformance with the approved plans and specifications. If the system was designed by a professional engineer, the documentation must indicate that the certification will be provided by a professional engineer.

(16) The department or a delegated division of local government may require that chemical analyses, microbiological examinations, flow tests, pressure tests, treatment plant performance records, or other measures of performance for a public water supply or public sewage system be conducted by the applicant to substantiate that the system complies with the criteria set forth in the design report, plans, and specifications.

(17) When design reports, plans, and specifications submitted pursuant to this rule are also part of a submittal for compliance with plan review pursuant to the Sanitation in Subdivisions Act, (Title 76, chapter 4, MCA) the applicant shall so indicate by written notice accompanying the submittal. Review under this rule will then be conducted pursuant to Title 76, chapter 4, MCA.

(18) When design reports, plans, and specifications submitted pursuant to this rule include a proposal to use reclaimed wastewater, the department or delegated division of local government may not approve the proposal until the applicant has obtained any necessary approvals required under Title 85, MCA, from the Department of Natural Resources and Conservation.

(19) An owner or operator of a public sewage system may not:

(a) use reclaimed wastewater for a use that has not been approved by the department or by a delegated division of local government, according to the use classification system in Department Circular DEQ-2, "Montana Department of Environmental Quality Design Standards for Public Sewage Systems;" or

(b) use reclaimed wastewater that has not been treated to the applicable standards for the use set forth in Department Circular DEQ-2, "Montana Department of Environmental Quality Design Standards for Public Sewage Systems."

(20) For purposes of this chapter, the board 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, 2022 edition, which sets forth the requirements for the design and preparation of plans and specifications for public water supply systems;

(b) Department Circular DEQ-2, 2018 edition, which sets forth the requirements for the design and preparation of plans and specifications for sewage works;

(c) Department Circular DEQ-3, 2018 edition, which sets forth minimum design standards for small water systems;

(d) Department Circular DEQ-4, 2013 edition, which sets forth standards for subsurface wastewater treatment systems;

(e) Department Water Main Certified Checklist, 2014 edition, which sets forth minimum criteria and design standards for water main extensions and replacements;

(f) Department Sewer Main Certified Checklist, 2014 edition, which sets forth minimum criteria and design standards for sewer main extensions and replacements;

(g) Department Community Water Supply Well Expedited Review Checklist, 2018 edition, which sets forth minimum criteria and design standards for new community water supply wells;

(h) Department Noncommunity Water Supply Well Expedited Review Checklist, 2018 edition, which sets forth minimum criteria and design standards for new non-community water supply wells;

(i) 40 CFR 141.5, which sets forth siting requirements for public water supply components;

(j) Department Circular DEQ-10, 2014 edition, which sets forth the standards for development of springs to serve public water supply systems; and

(k) Department Circular DEQ-16, 2014 edition, which sets forth standards for cisterns to serve noncommunity public water supply systems.

(21) A copy of any of the documents adopted under (20) may be viewed at the Department of Environmental Quality, 1520 East Sixth Avenue, Helena, MT 59620-0901.

(a) small public water supply systems and small public sewage systems; and

(b) extensions or alterations of existing public water and public sewage systems that involve 50 or fewer connections.

(2) Delegation may occur only if:

(a) a division of local government submits a written application to the department that includes the following:

(i) a statement of intent that affirms the local government's intent to ensure that systems which it reviews comply with the minimum standards established in ARM 17.38.101;

(ii) names and qualifications of those employees who will be providing the review for the local unit of government; and

(iii) a request that the department provide training for public water and sewage system review.

(b) the department finds that the local government's review will protect public health and the quality of state waters.

(1) Except as provided in (2), a department action under this subchapter and under either Title 75, chapter 6, part 1 or Title 75, chapter 6, part 2, MCA, is excluded from the requirement to prepare an environmental assessment or an environmental impact statement if the application for department review is for any of the following projects:

(a) projects relating to existing infrastructure systems such as sewage systems, drinking water supply systems, and stormwater systems, including combined sewer overflow systems that involve:

(i) minor upgrading;

(ii) minor expansion of system capacity;

(iii) rehabilitation (including functional replacement) of the existing system and system components; or

(iv) construction of new minor ancillary facilities adjacent to or on the same property as existing facilities; or

(b) projects in unsewered communities involving the replacement of existing on-site systems, provided that the new on-site systems do not result in substantial increases in the volume of discharges or in loadings of pollutants from existing sources, and do not relocate existing discharges.

(2) A categorical exclusion may not be granted for a department action under (1) if:

(a) the action would authorize facilities that will provide a new discharge or relocate an existing discharge to ground or surface waters;

(b) the action would result in an increase above permit levels established for the facility under the Montana pollutant discharge elimination system or Montana ground water pollution control system for either volume of discharge or loading rate of pollutants to receiving waters;

(c) the action would authorize facilities that will provide capacity to serve a population at least 30% greater than the existing population;

(d) the action is not supported by the state, or other regional growth plan or strategy;

(e) the action directly or indirectly involves or relates to upgrading or extending infrastructure systems primarily for the purposes of future development;

(f) the department has received information indicating that public controversy exists over the project's potential effects on the quality of the human environment; or

(g) the department determines that the proposed project that is the subject of the state action shows some potential for causing a significant effect on the quality of the human environment, based on ARM 17.4.608, or might possibly affect:

(i) sensitive environmental or cultural resource areas; or

(ii) endangered or threatened species and their critical habitats.

(3) The department shall document its decision to issue a categorical exclusion by referencing the application, providing a brief description of the proposed action, and describing how the action meets the criteria for a categorical exclusion in (1) without violating the criteria in (2).

(4) The department may revoke a categorical exclusion if:

(a) the project is not initiated within the time period specified in the facility plan, or a new or modified application is submitted;

(b) the proposed action no longer meets the requirements for a categorical exclusion because of changes in the proposed action;

(c) new evidence demonstrates that serious local or environmental issues exist; or

(d) state, local, tribal, or federal laws may be violated.

(1) For the purposes of this rule, "significant deficiency" means any defect in design, operation, or maintenance of a public water supply system or public sewage system, or a failure or malfunction of the system, that the department determines causes, or has the potential to cause, the introduction of fecal, chemical, or other contamination into a drinking water supply or a source of ice. The term also includes practices and conditions that hinder the determination of the source or potential source of contamination, such as improper sample locations or sample taps.

(2) If the department determines that a significant deficiency exists with a public water supply system or a public sewage system, the department shall provide written notice to the system owner. The system owner shall correct the deficiency in accordance with a plan and timeframe approved by the department.

(3) If the department has reason to believe that a significant deficiency or sanitary defect may exist with a public water supply system or a public sewage system, the department may request the system owner to provide additional information to assist the department in making a final determination. The system owner shall provide the department with the requested information. If the system owner fails to supply the requested information, the department may make a determination based on available information about the potential risk of contamination from the system to drinking water or a source of ice, and the department may require the system owner to take measures that the department determines are appropriate to prevent contamination.

This rule has been repealed.

(1) The purpose of this rule is to establish fee schedules to be used to calculate fees to be paid to the department for review of plans and specifications for public water supply and public sewage systems, as required under Title 75, chapter 6, part 1, MCA, and ARM 17.38.101.

(2) Department review will not be initiated until fees calculated under (2)(a) through (f) 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 subparts listed in these subsections:

(a) The fee schedule for designs requiring review for compliance with Department Circular DEQ-1 is set forth in Schedule I, as follows:

                                                              SCHEDULE I

Policies

ultra violet disinfection $ 875

point-of-use/point-of-entry treatment $ 875

Section 1.0 Engineering Report $ 350

Section 3.1 Surface water

quality and quantity $ 875

structures $ 875

Section 3.2 Ground water $ 1,050

Section 4.1 Microscreening $ 350

Section 4.2 Clarification

standard clarification $ 875

solid contact units $ 1,750

Section 4.3 Filtration

rapid rate $ 2,190

pressure filtration $ 1,750

diatomaceous earth $ 1,750

slow sand $ 1,750

direct filtration $ 1,750

biologically active filtration $ 1,750

membrane filtration $ 1,750

micro and ultra filtration $ 1,750

bag and cartridge filtration $ 520

Section 4.4 Disinfection $ 875

Section 4.5 Softening $ 875

Section 4.6 Ion Exchange $ 875

Section 4.7 Aeration

natural draft $ 350

forced draft $ 350

spray/pressure $ 350

packed tower $ 875

Section 4.8 Iron and manganese $ 875

Section 4.9 Fluoridation $ 875

Section 4.10 Stabilization $ 520

Section 4.11 Taste and odor control $ 700

Section 4.12 Adsorptive media $ 875

Chapter 5 Chemical application $ 1,220

Chapter 6 Pumping facilities $ 1,220

Section 7.1 Plant storage $ 1,220

Section 7.2 Hydropneumatic tanks $ 520

Section 7.3 Distribution storage $ 1,220

Chapter 8 Distribution system

per lot fee $ 90

non-standard specifications $ 520

transmission distribution (per lineal foot) $ 0.30

rural distribution system (per lineal foot) $ 0.04

sliplining existing mains (per lineal foot) $ 0.20

Chapter 9 Waste disposal $ 875

Appendix A

new systems $ 350

modifications $ 175

(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

engineering reports (minor) $ 350

comprehensive facility plan (major) $ 1,750

Chapter 30 Design of sewers

per lot fee $ 90

non-standard specifications $ 520

collection system (per lineal foot) $ 0.30

sliplining existing mains (per lineal foot) $ 0.20

Chapter 40 Sewage pumping station

force mains (per lineal foot) $ 0.30

1000 gpm or less $ 875

greater than 1000 gpm $ 1,750

Chapter 60 Screening grit removal

screening devices and comminutors $ 520

grit removal $ 520

flow equalization $ 875

Chapter 70 Settling $ 1,400

Chapter 80 Sludge handling $ 2.800

Chapter 90 Biological treatment $ 4,200

nonaerated treatment ponds $ 1,400

aerated treatment ponds $ 2,450

Chapter 100 Disinfection $ 1,120

Chapter 120 Irrigation and Rapid Infiltration Systems $ 1,220

Appendices A and C (per design) $ 1,220

(c) The fee schedule for designs requiring review for compliance with Department Circular DEQ-3 is set forth in Schedule III, as follows:

                                           SCHEDULE III

Section 3.2 Ground water $ 1,050

Chapter 6 Pump facilities $ 520

Chapter 7 Finished storage/hydropneumatic tanks $ 520

Chapter 8 Distribution system $ 520

(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 4 Pressure Dosing $ 350

Chapter 5 Septic Tanks $ 350

Chapter 6 Soil Absorption Systems $ 350

Chapter 6, Subchapter 6.8 ETA and ET Systems $ 875

Chapter 7, Subchapters 7.1, 7.2, and 7.3 Filters $ 350

Chapter 7, Subchapter 7.4 Aerobic Treatment $ 875

Chapter 7, Subchapter 7.5 Chemical Nutrient-Reduction Systems $ 875

Chapter 7, Subchapter 7.6 Alternate Advanced Treatment Systems $ 875

Chapter 8 Holding Tanks, Pit Privy, Seepage Pits, Waste Segregation, Experimental Systems $ 350

Appendix D $ 350

Non-degradation Review $ 520

(e) The fee schedule for designs requiring review for compliance with Department Circular DEQ-10 is set forth in Schedule V as follows:

                                            SCHEDULE V

Spring box and collection lateral $ 440

(f) The fee schedule for designs requiring review for compliance with Department Circular DEQ-16 is set forth in Schedule VI, as follows:

                                            SCHEDULE VI

Cisterns $ 520

(3) Fees for review of plans and specifications not covered under (2) are established by the department based on a charge of $150 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.

(4) The fee for review of plans and specifications previously denied, for staff time over two hours, is $150 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 $300 per deviation.

(6) Fee payment must be in the form of a check or money order made payable to the state of Montana, Department of Environmental Quality.

(7) When a resubmitted set of plans and specifications contains substantial changes in the design that require the plans and specifications to be reviewed again, the department may require an additional review fee. The additional fee will be calculated in the same manner as the original fee and based on those parts of the standard that must be reviewed again due to the change in design. The department shall give notice and provide for appeal as specified under 75-6-108(5), MCA.

(1) Unless expressly provided otherwise, in this subchapter where the board has adopted and incorporated by reference a federal regulation, the reference is to the July 1, 2015, edition of the Code of Federal Regulations (CFR).

(2) Copies of materials adopted and incorporated by reference in this subchapter may be obtained from the Public Water Supply Section, Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901, phone: (406) 444-4400.

(3) Copies of federal materials may also be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; or from the Environmental Protection Agency web site at http://www.gpo.gov/fdsys/pkg/CFR-2015-title40-vol23/pdf/CFR-2015-title40-vol23.pdf.

(4) Suppliers of public water supply systems shall comply with the portions of 40 CFR Parts 141 and 142 adopted and incorporated by reference in this subchapter.

In this subchapter, the following terms have the meanings indicated below and must be used in conjunction with and supplemental to those definitions contained in 75-6-102, MCA. In addition, the board adopts and incorporates by reference the definitions in 40 CFR 141.2, except for the following terms: "clean compliance history," "person," "public water supply system (PWS)," "ground water under the direct influence of surface water (GWUDISW)," "special irrigation district," and "state." The terms "person," "public water supply system," "ground water under the direct influence of surface water," and "state," as used in this subchapter and in the portions of 40 CFR Parts 141 and 142 adopted by reference in this subchapter, have the meanings defined below.

(1) "Act," except as used in the portions of 40 CFR Part 141 referenced in this subchapter, means Title 75, chapter 6, part 1, MCA.

(2) "Approved laboratory" means a laboratory licensed and approved by the Montana Department of Public Health and Human Services to analyze water samples from public water supply systems to determine their compliance with maximum contaminant levels (MCLs) and other monitoring requirements of this subchapter.

(3) "Ground water under the direct influence of surface water (GWUDISW)" has the same meaning as adopted and incorporated by reference from 40 CFR 141.2, except that GWUDISW determinations for regulatory compliance purposes are made in accordance with the Department of Environmental Quality Circular PWS-5, Ground Water Under the Direct Influence of Surface Water, as adopted and incorporated by reference in ARM 17.38.209.

(4) "Person" means an individual, firm, partnership, company, association, corporation, city, town, local government entity, federal agency, or any other governmental or private entity, whether organized for profit or not.

(5) "Public water supply system (PWS)" 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.

(6) "State," as used in the portions of 40 CFR Parts 141 and 142 adopted and incorporated by reference in this subchapter, means the Montana Department of Environmental Quality with respect to regulation of public water supply and wastewater systems for compliance with this subchapter, and the Montana Department of Public Health and Human Services with respect to certification of laboratories for performing water sample analyses for public water supply systems as required in 40 CFR Part 141.

(1) The board adopts and incorporates by reference:

(a) 40 CFR 141.6(j) and 141.6(k), which set forth effective dates associated with a revised maximum contaminant level for arsenic;

(b) 40 CFR 141.11 and 141.62(b), which set forth maximum contaminant levels for inorganic contaminants;

(c) 40 CFR 141.65, which sets forth maximum residual disinfectant levels; and

(d) 40 CFR 141.80(c), which sets forth the action levels for lead and copper.

(1) The board adopts and incorporates by reference 40 CFR 141.61(a), 141.61(c), 141.64(a) and (a)(1), 141.64(b)(1)(i), and 141.64(b)(2)(i), which set forth maximum contaminant levels for synthetic organic contaminants, volatile organic contaminants, and disinfection byproducts.

(a) The terms "one turbidity unit" and "1 NTU" mean 1.0 nephelometric turbidity unit, and the terms "five turbidity units" and "5 NTU" mean 5.0 nephelometric turbidity units for the purposes of this subchapter.

(b) The following replaces 40 CFR 141.73(a) (1) : "For systems using conventional filtration or direct filtration, the turbidity level of representative samples of the system's combined filtered water must be less than or equal to 0.5 NTU in at least 95% of the measurements taken each month, and may not at any time exceed 1.0 NTU."

(c) The following replaces 40 CFR 141.73(a) (2) , and is also added at the end of 40 CFR 141.173(a) (1) and 141.551: "For systems using conventional filtration or direct filtration, the turbidity level of representative samples of a system's effluent from individual filters, measured at a point prior to mixing with effluent from other filters or other sources, may not exceed 0.5 NTU in at least 95% of the measurements taken each month, and may not at any time exceed 5.0 NTU. This requirement is not violated if the turbidity reading for the effluent from each individual filter is the first reading of the month that exceeds 0.5 NTU and the individual filter is taken off-line within 24 hours after the sample analysis that shows the exceedance."

(d) The first sentence in 40 CFR 141.551 is replaced with the following sentence: "Your system must meet three strengthened combined filter effluent turbidity limits."

(2) The department may invalidate a turbidity measurement based on documentation that demonstrates the exceedance was caused by turbidimeter performance difficulty or sample site location problems and that the measurements were not indicative of true water quality. If the department invalidates the turbidity reading on one of these bases, the turbidity reading may not be included in the 95% compliance calculations required under this rule.

(1) The board hereby adopts and incorporates by reference 40 CFR 141.63(a), 141.63(b), 141.63(c), and 141.63(d), which set forth maximum contaminant levels for microbiological contaminants.

(1) The board adopts and incorporates by reference 40 CFR 141.70, which sets forth general surface water treatment requirements, with the following changes:

     (a) 40 CFR 141.70(b)(1) is modified to read "It meets the requirements for avoiding filtration in 40 CFR 141.71 as amended in ARM 17.38.208, and the disinfection requirements in 40 CFR 141.72(a), or."

(b) 40 CFR 141.70(b)(2) is modified to read "It meets the filtration requirements in 40 CFR 141.73 and in ARM 17.38.205(1)(b)(ii), and the disinfection requirements in 40 CFR 141.72(a)."

(c) 40 CFR 141.70(c) is modified to read "Each public water supply system, except a transient noncommunity system, using a surface water source or a ground water source under the direct influence of surface water must be operated by qualified personnel who meet the requirements specified in Title 37, chapter 42, parts 1 through 3, MCA."

(2) The board adopts and incorporates by reference 40 CFR 141.71, which sets forth requirements for avoiding filtration, except for the following changes:

(a) Only surface water sources from watersheds classified as A-Closed in ARM 17.30.621 may be considered for use as a public water supply source without filtration.

(b) "5 NTU" means "5.0 nephelometric turbidity units" for the purposes of this subchapter.

(c) The requirements concerning watershed protection listed in 40 CFR 141.71(b) (2) (i) through 141.71(b) (2) (iii) are replaced by the following items (i) through (iii) , respectively:

(i) characterize the watershed hydrology and land ownership by:

(A) documenting land-ownership areas and specific landowners;

(B) identifying point and non-point sources of pollution discharge, including roads and drainage ditches;

(C) identifying the location of septic tanks and other waste disposal facilities and their proximity to surface water; and

(D) producing a documented watershed map depicting all of the items in (2) (c) (i) through (iii) and assigning a reference number or other code by which to identify specific areas and impacts.

(ii) identify watershed characteristics and activities that may have an adverse effect on source water quality by:

(A) documenting activities and specific land uses in all public areas on the watershed map, including pollution control measures practiced by the owner-agency and the population of users involved;

(B) identifying activities and improvements on all private lands (e.g., buildings; grazing or other agricultural uses and numbers of livestock involved; animal waste management practices; disposal of human wastes; population involved on a maximum and average-day basis; and use of fertilizers, pesticides, and herbicides) ; and

(C) identifying seasonal, short-term, and year-round impacts.

(iii) monitor the occurrence of activities that may have an adverse effect on source water quality by:

(A) denoting minimum surveillance, monitoring methods, and frequency; and

(B) denoting the agency, contract personnel, or other party responsible for assessing impacts and the responsible party's qualifications.

(d) The first two sentences in the last paragraph of 40 CFR 141.71(b)(2)(iii) are replaced with the following:

At a minimum, the supplier of a public water supply system shall demonstrate, through land ownership or department-approved written agreements with landowners within the watershed, or both, that it can control all human activities that may have an adverse impact on the microbiological quality of the source water or that may interfere with disinfection treatment. Adverse activities include, but are not limited to: recreational activities such as swimming, boating, camping, fishing, hiking, and hunting; and sewage and septic tank discharges. A supplier shall also demonstrate through land ownership or department-approved written agreements with landowners within the watershed, or both, that recreational activities such as fishing, swimming, boating and camping on the terminal water supply reservoir are prohibited. A terminal water supply reservoir is the area providing the storage of water immediately prior to treatment and delivery to the distribution system. A supplier shall control access on roads through land ownership or department-approved written agreements with landowners within the watershed. A supplier shall submit an annual report to the department that identifies any special concerns about the watershed and how the concerns are being addressed, describes activities in the watershed that affect water quality, and projects the adverse activities expected to occur in the future and describes how the supplier expects to address them.

(e) The board hereby adopts and incorporates by reference 40 CFR 141.171, which sets forth requirements, in addition to the requirements in 40 CFR 141.71, for avoiding filtration.

(3) The board adopts and incorporates by reference 40 CFR 141.72, which sets forth treatment requirements for public water suppliers that use surface water.

(4) The board adopts and incorporates by reference the following:

(a) 40 CFR 141.43(a) and (d), which set forth prohibition on use of lead pipes, solder, and flux;

(b) 40 CFR 141.61(b), which sets forth best available technologies (BATs) for synthetic and volatile organic contaminants;

(c) 40 CFR 141.62(c), which sets forth BATs for inorganic contaminants, and 40 CFR 141.62(d), which sets forth small system compliance technologies (SSCT) for arsenic;

(d) 40 CFR 141.63(e) and 141.63(f), which set forth BATs for microbiological contaminants;

(e) 40 CFR 141.64(a)(2), 141.64(b)(1)(ii), 141.64(b)(2)(ii), and 141.64(b)(2)(iii), which sets forth BATs for disinfection byproducts;

(f) 40 CFR 141.66(g) and 40 CFR 141.66(h), which set forth BATs and small system compliance technologies (SSCT) for radionuclides, respectively;

(g) 40 CFR 141.76(a) and (c), which set forth recycle provisions;

(h) 40 CFR 141.81, which sets forth the applicability of lead and copper corrosion control treatment steps to small, medium, and large water systems;

(i) 40 CFR 141.82, which sets forth a description of the lead and copper corrosion control requirements;

(j) 40 CFR 141.83, which sets forth lead and copper source water treatment requirements;

(k) 40 CFR 141.84, which sets forth lead service line replacement requirements;

(l) 40 CFR Part 141, Subpart J, which sets forth requirements for the use of non-centralized treatment devices;

(m) 40 CFR Part 141, Subpart K, which sets forth treatment technique requirements for acrylamide and epichlorohydrin;

(n) 40 CFR 141.135, which sets forth treatment technique requirements for control of disinfection byproduct precursors;

(o) 40 CFR 141.170, which sets forth general treatment requirements in addition to the requirements in 141.70 for public water suppliers that use surface water;

(p) 40 CFR 141.173(b), which sets forth treatment requirements, in addition to the requirements in 40 CFR 141.72, for public water suppliers that use filtered surface water;

(q) 40 CFR 141.500, which sets forth general treatment requirements, in addition to the requirements in 141.70, for public water suppliers that use surface water or GWUDISW and that serve fewer than 10,000 people;

(r) 40 CFR 141.501, which identifies the public water suppliers that are subject to the requirements of 40 CFR Part 141, Subpart T;

(s) 40 CFR 141.502 which stipulates the effective date for the requirements of 40 CFR Part 141, Subpart T, except that "January 14, 2005" is changed to "January 1, 2005";

(t) 40 CFR 141.503, which stipulates that public water suppliers that use surface water or GWUDISW and that serve fewer than 10,000 people must comply with the applicable requirements of 40 CFR Part 141, Subpart T;

(u) 40 CFR 141.510 and 141.511, which set forth requirements for construction of finished water storage reservoirs for public water suppliers that use surface water or GWUDISW and that serve fewer than 10,000 people;

(v) 40 CFR 141.520, 141.521 and 141.522, which stipulate that public water suppliers that use surface water or GWUDISW, do not provide filtration, and that serve fewer than 10,000 people must comply with the new watershed protection requirements of 40 CFR Part 141, Subpart T; and

(w) 40 CFR 141.552, which describes microbiological contaminant removal efficiencies that public water suppliers must demonstrate to obtain state approval of alternative filtration technologies.

(1) The department adopts and incorporates by reference the Department of Environmental Quality Circular PWS-5, Ground Water Under the Direct Influence of Surface Water, 2022 edition, which sets forth the standards for making ground water under the direct influence of surface water determinations.

(a) consist only of distribution and storage facilities and not have any collection or treatment facilities;

(b) obtain all of its water from, but not be owned or operated by, a public water system to which the regulations of Part 141 apply;

(c) not sell water to any person;

(d) not be a carrier that conveys passengers in interstate commerce;

(e) document that the wholesale water system from which it obtains all of its water will:

(i) include the consecutive system in its sampling plans;

(ii) be responsible for issuing public notice; and

(iii) be responsible for issuing consumer confidence reports for the consecutive system.

(2) To obtain an exclusion from the requirements of Part 141, a consecutive system must apply to the department. The request must be in writing and must document the system's conformance with the requirements of (1)(a) through (e). The request must be accompanied by a signed copy of the written agreement between the wholesale and consecutive systems. The agreement must implement the requirements of (1)(e).

(3) Based on a consideration of potential impacts to public health, the department may grant, partially grant, or deny a request for exclusion, and may revoke or modify any exclusion after it is granted.

(4) Unless otherwise required by the department, consecutive systems are not required to duplicate their wholesaler's entry-point sampling.

(1) The board adopts and incorporates by reference 40 CFR Part 141, subpart S, except for 40 CFR 141.402(a)(2)(iv), which sets forth the requirements to ensure that systems using ground water sources are adequately protected.

(1) The total coliform monitoring frequency for all public water supply systems serving 1,000 or fewer people is one sample/month.

(2) The board adopts and incorporates by reference the table in 40 CFR 141.857(b), which sets forth total coliform monitoring frequency requirements for all public water supply systems serving more than 1,000 people.

(a) The minimum monitoring frequency for total coliforms is based on the average daily population served by the system during the month of peak use.

(3) Upon written request of the water supplier, the department may reduce the required coliform sampling frequency for a non-seasonal transient noncommunity water system that uses only ground water that is not under the direct influence of surface water and serves a maximum daily population of 1,000 persons or fewer to once in each calendar quarter.

(a) Before applying for quarterly monitoring, the system must operate and sample coliform bacteria monthly for a minimum of 24 consecutive months;

(b) The determination to reduce monitoring must be based upon the results of coliform bacteria samples from the past 24 consecutive months of system operation, sanitary surveys, and any other information that indicates quarterly sampling is adequate to protect public health;

(c) A water supplier, who is authorized to sample quarterly may continue to sample quarterly unless triggered to return to monthly monitoring. The following will trigger monthly monitoring, or more frequent monitoring pursuant to (4), the month following the event:

(i) the system triggers a Level 2 assessment or two Level 1 assessments under the provisions of 40 CFR 141.859 in a rolling 12-month period;

(ii) the system has an E. coli MCL violation;

(iii) the system has a coliform treatment technique violation;

(iv) the system has two 40 CFR Part 141, subpart Y, monitoring violations or one subpart Y monitoring violation and one Level 1 assessment under the provisions of 40 CFR 141.859 in a rolling 12-month period for a system on quarterly monitoring;

(v) constructing or modifying a system or system components without prior department approval, in violation of 75-6-112, MCA, and ARM 17.38.101;

(vi) determination that a source or distribution system is vulnerable to contamination based upon the results of a sanitary survey, sample analyses, technical investigations or other scientifically defensible information; or

(vii) not maintaining or operating a system in accordance with the requirements of this chapter when the department determines that the violation may affect the microbiological quality of the water supply system.

(d) When monthly monitoring is triggered, the department shall provide written notice to the system that monthly monitoring is required;

(e) Under extreme circumstances, for the purpose of determining eligibility for remaining on or qualifying for quarterly monitoring, the department may elect to not count monitoring violations under 40 CFR 141.860(c)(1) if the missed sample is collected no later than the end of the monitoring period following the monitoring period in which the sample was missed. The system must collect the make-up sample in a different week than the routine sample for that monitoring period and must collect the sample as soon as possible during the monitoring period. This authority does not affect the provisions of 40 CFR 141.860(c)(1) and 141.861(a)(4);

(f) The system must continue monthly monitoring until the following criteria have been met:

(i) within the last 12 months, the system must have completed a sanitary survey or a site visit by the department or a voluntary Level 2 assessment by a party approved by the department, be free of sanitary defects, and have a protected water source;

(ii) no MCL violations under 40 CFR 141.63, no monitoring violations under 40 CFR 141.21 or subpart Y, and no coliform treatment technique trigger exceedances or treatment technique violations under subpart Y, for a minimum of 12 months;

(iii) valid samples that do not contain coliform bacteria have been taken for at least 12 consecutive months of system operation;

(iv) the department has approved all submitted plans and specifications for system construction and modifications in accordance with 75-6-112, MCA, and ARM 17.38.101;

(v) the identified sources of contamination have been removed;

(vi) appropriate improvements in maintenance and operation have been implemented; and

(vii) the public water system petitions the department and the petition is approved in writing.

(g) Systems collecting samples on a quarterly frequency must conduct additional routine monitoring the month following one or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Systems must collect at least three routine samples during the next month. Systems may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Systems must use the results of additional routine samples in coliform treatment technique trigger calculations under 40 CFR 141.859(a).

(4) The department may increase the required sampling frequency of any public water supply system based upon sampling results or other conditions that indicate a risk to the health of the water users. The department shall provide the supplier with a written explanation of any revised sampling requirements. A supplier shall implement any increase in sampling frequency immediately upon receipt of written notice of the increase from the department.

(5) The board adopts and incorporates by reference the following, which set forth requirements for the revised total coliform rule (RTCR):

(a) 40 CFR 141.851, except that the term "April 1, 2016" is replaced with "February 18, 2017." This rule sets forth general requirements for the RTCR;

(b) 40 CFR 141.852, which sets forth analytical methods and laboratory certification requirements for coliform testing, except that, for the purpose of this subchapter, the phrase "laboratory certified by the EPA or a primacy State" means "approved laboratory" as defined in ARM 17.38.202;

(c) 40 CFR 141.853, except for subsection (a)(5)(ii) and subsection (b). And except that the term "March 31, 2016" is replaced with "February 18, 2017." This rule sets forth general monitoring requirements for all systems;

(d) 40 CFR 141.854(a)(1) through 141.854(a)(3), which set forth general requirements for non-community water systems serving 1,000 or fewer people using only ground water;

(e) 40 CFR 141.854(i)(1), 141.856(a)(4)(i), and 141.857(a)(4)(i), except that the term "April 1, 2016" is replaced with "February 18, 2017." This rule provides start-up procedure requirements for seasonal systems. The department may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating;

(f) 40 CFR 141.855(a), which sets forth general requirements for community systems serving 1,000 or fewer people using only ground water;

(g) 40 CFR 141.856(a)(1) through 141.856(a)(3) and 141.856(c), which set forth general requirements for subpart H public water systems serving 1,000 or fewer people;

(h) 40 CFR 141.857(a)(1) through 141.857(a)(3) and 141.857(c). This rule sets forth general requirements for public water systems serving more than 1,000 people;

(i) 40 CFR 141.858, which sets forth repeat monitoring and E. coli requirements, except for the following changes:

(i) the first sentence in 141.858(a)(1) is changed to "If a sample taken under ARM 17.38.215(1) through (3), 40 CFR 141.856(c), or 40 CFR 141.857(c), is total coliform-positive, the system must collect a set of repeat samples within 24 hours of being notified of the positive result."; and

(ii) 141.858(a)(5) is changed to "Results of all routine and repeat samples taken under ARM 17.38.215, not invalidated by the State, must be used to determine whether a coliform treatment technique trigger specified in 40 CFR 141.859 has been exceeded.";

(j) 40 CFR 141.859, except for subsection (a)(2)(iii) and subsection (b)(4)(ii). This rule sets forth requirements for coliform treatment technique triggers and assessments for protection against potential fecal contamination;

(k) 40 CFR 141.860, which sets forth requirements for violations; and

(l) 40 CFR 141.861, which sets forth requirements for reporting and recordkeeping.

(6) A special purpose sample, including a sample taken to determine whether adequate disinfection has occurred after pipe placement or repair, may not be taken from a part of the public water supply distribution system that is actively serving the public and must not be used to determine compliance with the RTCR. Repeat samples taken pursuant to 40 CFR 141.858 are not special purpose samples and must be used to determine whether the coliform treatment technique trigger has been exceeded.

(7) The department shall perform a special monitoring evaluation during each sanitary survey of ground water systems serving 1,000 or fewer people to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule. After the department has performed the special monitoring evaluation during each sanitary survey, the department may modify the system's monitoring schedule, as necessary, or it may allow the system to stay on its existing monitoring schedule, consistent with this rule. The department may not allow systems to begin less frequent monitoring under the special monitoring evaluation unless the system has already met the applicable criteria for less frequent monitoring in (3)(b).

(8) A supplier shall collect at least two samples that must be analyzed for coliform bacteria from any new source of water supply to demonstrate compliance with this subchapter before the source is connected to a public water supply system.

(1) A supplier of water shall collect water samples taken from each entry point location serving a community and nontransient noncommunity public water supply system for analysis by an approved laboratory of the following inorganic chemicals:

(a) alkalinity total

(b) calcium

(c) pH value

(d) sodium

(e) iron

(f) manganese

(g) hardness

(h) specific conductance

(i) sulphate

(j) chloride

(k) magnesium

(2) Samples required in (1) must be collected and analyzed at the frequency for regulated inorganic chemicals, other than nitrate and nitrite, as required in (3) . The department may waive the sampling and analysis requirement for any or all of these chemicals if the results of at least one sample demonstrate that further sampling is unnecessary.

(3) The board adopts and incorporates by reference the following monitoring and analytical requirements:

(a) 40 CFR 141.23, which sets forth sampling and analytical method requirements for inorganic chemicals except that 141.23(i) is replaced with the following:

 "(i) Compliance with 40 CFR 141.11 or 141.62(b) (as appropriate) shall be determined based on the analytical result(s) obtained at each sampling point.

(1) For systems monitoring more than once per year, compliance with the maximum contaminant levels, as described in 40 CFR 141.11 or 141.62(b) , for fluoride, asbestos, barium, cadmium, chromium, mercury, selenium, antimony, beryllium, cyanide, nickel, thallium, or arsenic is determined by a running annual average at any sampling point.

(2) For systems monitoring annually or less frequently for fluoride, asbestos, barium, cadmium, chromium, mercury, selenium, antimony, beryllium, cyanide, nickel, thallium, or arsenic whose sample result(s) exceed(s) a maximum contaminant level, as described in 40 CFR 141.11 or 141.62(b) , must begin quarterly sampling. The system will not be considered in violation of the maximum contaminant level until it has completed one year of quarterly sampling.

(3) If any sample result will cause the running annual average to exceed the maximum contaminant level at the sampling point, the system will be considered out of compliance with the maximum contaminant level immediately.

(4) If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected.

(5) If any sample result is less than the detection limit, zero will be used to calculate the annual average.

(6) Compliance with the maximum contaminant levels for nitrate and nitrite is determined based on one sample if the levels of these contaminants are below the MCLs. If the levels of nitrate and/or nitrite exceed the MCLs in the initial sample, a confirmation sample is required in accordance with paragraph (f)(2) of this section, and compliance shall be determined based on the average of the initial and confirmation samples.

(7) Arsenic sampling results will be reported to the nearest 0.001mg/L." 

(b) 40 CFR 141.24, which sets forth sampling and analytical method requirements for organic chemicals other than total trihalomethanes;

(c) 40 CFR 141.25, which sets forth analytical method requirements for radioactive contaminants;

(d) 40 CFR 141.26, which sets forth sampling requirements for radioactive contaminants in community water systems;

(e) CFR 141.27, which sets forth requirements for alternate analytical methods;

(f) 40 CFR 141.28, which sets forth requirements for the use of certified laboratories by public water system suppliers and by the department, except that, for the purpose of this subchapter, the phrase "certified laboratory" means "approved laboratory" as defined in ARM 17.38.202. References to 40 CFR 141.21 in 40 CFR 141.28 also refer to ARM 17.38.215;

(g) 40 CFR 141.29, which sets forth sampling requirements for consecutive public water systems;

(h) 40 CFR 141.40, which sets forth special sampling and analytical method requirements for unregulated inorganic and organic contaminants;

(i) 40 CFR 141.41, which sets forth special monitoring and analytical method requirements for sodium;

(j) 40 CFR 141.42, which sets forth special requirements for water system materials subject to corrosion;

(k) 40 CFR 141.80, which sets forth general requirements for the control of lead and copper;

(l) 40 CFR 141.86, which sets forth sampling and analytical method requirements for lead and copper;

(m) 40 CFR 141.87, which sets forth sampling requirements for water quality parameters;

(n) 40 CFR 141.88, which sets forth sampling requirements for lead and copper in source water;

(o) 40 CFR 141.89, which sets forth analytical method requirements for lead, copper, and water quality parameters;

(p) 40 CFR 141.130, whichsets forth general requirements for control of disinfectants and disinfection byproducts;

(q) 40 CFR 141.131, which sets forth analytical method requirements for disinfectants and disinfection byproducts;

(r) 40 CFR 141.132, which sets forth sampling requirements for disinfectants and disinfection byproducts; and

(s) 40 CFR 141.133, which sets forth compliance requirements for disinfectants and disinfection byproducts.

(4) A supplier shall sample every new source of water supply, both surface and ground, for nitrate and nitrite analyses to demonstrate compliance with this subchapter before the water is served to the public. Unless otherwise directed by the department, a supplier also shall sample all new sources of water supply for analysis of the parameters identified in (3) before the end of the calendar quarter in which the source is connected to a public water supply. A supplier shall also sample a new source serving a transient non-community water system for either total dissolved solids (TDS) or specific conductance.

(5) Further sampling or corrective action may be required by the department if the results of the analyses do not demonstrate conformance with applicable maximum contaminant levels or actions levels.

This rule has been repealed.

(1) To determine compliance with treatment requirements of this subchapter, to judge variations in water quality, to identify objectionable water characteristics, and to detect the presence of foreign substances which may adversely affect the quality of the water, control tests must be performed, recorded, and reported by water suppliers in accordance with procedures and reporting formats approved by the department.

(2) Disinfectant residual tests must be conducted daily by:

(a) surface water systems and consecutive systems to a surface water system in accordance with the requirements in 40 CFR 141.72 and with the other requirements in this subchapter for disinfectant residual monitoring for surface water supplies. At least two disinfectant residual tests must be conducted daily, one at each entry point to the distribution system and one in the distribution system;

(b) ground water systems in accordance with 40 CFR Par 141, subpart S. Disinfectant residual tests must be conducted daily at each entry point to the distribution system to prove compliance with the four-log virus inactivation or removal requirement; and

(c) ground water systems required by the department under ARM 17.38.229 to maintain a residual, and by consecutive systems connected to those systems, at each entry point to the distribution system and, if required to maintain a residual in the distribution system, one in the distribution system. For consecutive systems, the entry point is the point at which the purchased water enters the distribution system of the consecutive system.

(3) The department may waive, on a case-by-case basis, disinfection residual testing at the entry point, in the distribution system, or both for ground water and consecutive systems.

(4) A test for chlorine residual in the distribution system must be made at selected points consistent with the department-approved microbiological sample siting plan and changed regularly so as to cover the system completely at least each week.

(5) Only the following analytical methods or other methods approved by the department may be used to demonstrate compliance with the requirements of this rule:

(a) Turbidity measurements must be taken as set forth in 40 CFR 141.74. Secondary turbidity standards may be used for daily calibration of turbidimeters if those standards are calibrated against an EPA-approved primary at least quarterly. Documentation of the date, analyst performing the procedure, procedures used, and results of the quarterly calibration checks must be maintained by the water system and reported to the department within ten days following the end of the month during which this procedure took place.

(b) Residual disinfectant concentrations must be measured as set forth in 40 CFR 141.74. Residual disinfectant concentrations for free chlorine and combined chlorine may also be measured by using DPD colorimetric test kits if approved by the department.

(c) Temperature measurements must be taken as set forth in 40 CFR 141.23(k)(1).

(d) Measurements for pH must be taken as set forth in 40 CFR 141.23(k)(1).

(6) All control test measurements, except for bacteriological samples, for community and nontransient noncommunity water supply systems must be conducted by a person certified under the provisions of Title 37, chapter 42, MCA, or by a person who has been properly trained to conduct these measurements by the operator in responsible charge or by the department. Bacteriological samples for community and nontransient noncommunity water supply systems must be collected by a person approved by the department or certified under the provisions of Title 37, chapter 42, MCA. Measurements for total coliform bacteria, fecal coliform bacteria, and heterotrophic plate count must be conducted by an approved laboratory.

(7) The board adopts and incorporates by reference the following:

(a) 40 CFR 141.22, which sets forth turbidity sampling and analytical requirements, except for the second and third sentences in 141.22(a).

(b) 40 CFR 141.74, which sets forth analytical and monitoring requirements, except for the following changes:

(i) "1 NTU" means 1.0 nephelometric turbidity unit for the purposes of this subchapter;

(ii) The first sentence in 40 CFR 141.74(b)(4)(i)(B)(ii) is replaced with the following: "If the system uses more than one point of disinfectant application before or at the first customer, the system must determine the CT value of each disinfection sequence immediately prior to the next point of disinfectant application during peak hourly flow, except that contact time achieved prior to filtration is not included in this calculation.";

(iii) The following phrase is inserted after the phrase "system's filtered water" in the first sentence in 40 CFR 141.74(c)(1): "and individual filter effluent";

(iv) The last sentence in 40 CFR 141.74(c)(1) is not adopted; and

(v) 40 CFR 141.74(b)(5) and 141.74(c)(2) are modified to read: "The residual disinfectant concentration of the water entering the distribution system must be monitored continuously, and the lowest value must be recorded each day, except that if there is a failure in the continuous monitoring equipment, grab sampling every four hours may be conducted in lieu of continuous monitoring, but for no more than five working days following the failure of the equipment."

(c) 40 CFR 141.172, which sets forth disinfection profiling and benchmarking requirements;

(d) 40 CFR 141.174, which sets forth filtration sampling requirements;

(e) 40 CFR 141.530, 141.531, 141.532, 141.533, 141.534, 141.535, 141.536, 141.540, 141.541, 141.542, 141.543 and 141.544, which set forth requirements for disinfection profiling and benchmarking for public water suppliers using surface water or GWUDISW and that serve fewer than 10,000 people;

(f) 40 CFR 141.553, which describes turbidity monitoring provisions for systems that utilize lime softening;

(g) 40 CFR 141.560, which describes individual filter monitoring requirements for public water suppliers that utilize direct or conventional filtration treatment;

(h) 40 CFR 141.561, which describes monitoring requirements for public water suppliers when continuous turbidity monitoring equipment fails;

(i) 40 CFR 141.562, which describes turbidity monitoring requirements for public water suppliers that utilize two or fewer filters; and

(j) Title 37, chapter 42, MCA, which sets forth requirements for water treatment plant operators.

(8) Copies of Title 37, chapter 42, MCA, may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

This rule has been repealed.

A special test may be required for a public water supply system exceeding the following amounts:

      Constituent                                    Maximum Amount

(1) Iron............................................0.30 mg/l

(2) Manganese..............................0.05 mg/l

(3) Chloride...................................250.00 mg/l

(4) Sulfate......................................250.00 mg/l

(5) Total dissolved solids.............500.00 mg/l

(1) Full-time disinfection with chlorine, chlorine dioxide, chloramines, or a disinfectant that maintains a residual is mandatory where the source of water is from lakes, reservoirs, or streams, or ground water sources under the direct influence of surface water, or where the water may be exposed to a potential source of contamination including, but not limited to:

(a) losses of pressure within the system that could result in backflow or infiltration conditions;

(b) substandard distribution, pumping, or storage facilities; or

(c) other circumstances where the department determines that the history and nature of contamination indicates a residual is required for a safe water.

(2) Full-time microbial treatment that provides adequate inactivation or removal of harmful pathogens is mandatory whenever the water may be exposed to a potential source of contamination through:

(a) treatment processes, as determined by the department; or

(b) unprotected or poorly protected ground water sources.

(3) Methods of full-time microbial treatment must be reviewed and approved by the department prior to the installation or use of any form of treatment.

(4) When the department determines a residual is required in a ground water system, the residual disinfectant concentration measured as free chlorine, total chlorine, combined chlorine, chlorine dioxide, or other department approved disinfectant(s) must not be less than 0.2mg/l using the DPD method or 0.1mg/l using the amperometric titration method. A heterotrophic bacteria concentration in water in the distribution system less than or equal to 500 per milliliter, measured as heterotrophic plate count (HPC), is an acceptable substitute for disinfectant residual for purposes of determining compliance with this rule.

(2) Proper records of the analyses must be kept on file and a copy forwarded to the department monthly. One sample of treated water must be submitted monthly to the department for analysis.

(1) Public water supply systems must undergo an initial sanitary survey by June 29, 1994, for community systems and nontransient noncommunity systems, and by June 29, 1999, for transient noncommunity water systems. Thereafter, nontransient noncommunity and transient noncommunity water systems must undergo another sanitary survey at least once every five years, and community water supply systems must undergo another sanitary survey at least once every three years except that the department may define a process by which a community system may be determined to be an outstanding performer and have its sanitary survey schedule reduced to no less frequently than every five years. The department must review the results of each sanitary survey to determine whether the existing monitoring frequency is adequate and what additional measures, if any, the system needs to undertake to improve drinking water quality.

(2) Sanitary surveys must be performed by the department or an agent approved by the department. The supplier is responsible for ensuring the survey takes place.

(1) To ensure the safety of water delivered to the consumers, it is essential that there be a record of laboratory examinations of the water sufficient to show it is safe with respect to both bacteriological quality and other maximum contaminant levels. Suppliers of water shall maintain accurate and complete testing records at all water plants and for all water systems. Complete records must be made available to the department upon request.

(2) A supplier shall keep a daily record of the samples and control tests required in ARM 17.38.225, 17.38.227, 17.38.230, and 17.38.234(4). The records must be kept on report forms approved by the department and must be prepared in duplicate. Unless indicated otherwise in these rules, the original records must be forwarded to the department by the tenth day of the month following testing.

(3) Recordkeeping requirements for water haulers are set forth in ARM 17.38.513.

(4) Actual laboratory reports may be kept or data may be transferred to tabular summaries, provided the following information is included:

(a) the date, place and time of sampling;

(b) the name of the person who collected the sample;

(c) identification of the sample as to whether it was a routine distribution system sample, repeat sample, triggered source sample, confirmation sample, composite sample, raw or process water sample, or other special purpose sample;

(d) date and time of analysis;

(e) laboratory and person responsible for performing analysis;

(f) the analytical technique/method used, analysis number; and

(g) the results of the analysis.

(5) A supplier of a public water supply system that has exceeded the microbiological contaminant MCLs specified in ARM 17.38.207 shall report the violation to the department by the end of the day it learns of the violation either electronically, by fax, or by telephone to (406) 444-1947. If the supplier chooses to report by telephone, and a person does not answer the telephone, leaving a voicemail message will constitute compliance with this reporting requirement.

(6) A supplier utilizing a water treatment plant employing coagulation, settling, softening, or filtration shall keep a daily record of the operations performed in the treatment process together with measured flows, phenolphthalein (p) alkalinity, total alkalinity, hardness (where softening is utilized), chemical doses, observations, and costs related to the operation of the plant.

(7) The board adopts and incorporates by reference the following:

(a) 40 CFR 141.31, which sets forth general reporting requirements for public water supplies;

(b) 40 CFR 141.33, which sets forth general recordkeeping requirements for public water supplies;

(c) 40 CFR 141.35, which sets forth reporting requirements for unregulated chemicals;

(d) 40 CFR 141.75, which sets forth reporting requirements for public water supplies that use surface water or GWUDISW, except that, for the purposes of this subchapter "5 NTU" means 5.0 nephelometric turbidity units;

(e) 40 CFR 141.76(b) and (d), which set forth reporting and recordkeeping requirements for the recycle provisions;

(f) 40 CFR 141.90 and 141.91, which set forth reporting and recordkeeping requirements for lead and copper;

(g) 40 CFR 141.134, which, in addition to 40 CFR 141.31, sets forth reporting requirements for disinfection byproducts;

(h) 40 CFR 141.175, which, in addition to 40 CFR 141.75, sets forth reporting requirements for public water supplies that serve 10,000 or more people that use surface water or GWUDISW;

(i) 40 CFR 141.563, which sets forth reporting and follow-up actions that public water suppliers that utilize surface water or GWUDISW, serve fewer than 10,000 people, and are required to filter must take when certain individual filter turbidity limits are exceeded;

(j) 40 CFR 141.564, which sets forth reporting and follow-up actions that public water suppliers that utilize surface water or GWUDISW, serve fewer than 10,000 people, are required to filter, and utilize lime softening must take when certain individual filter turbidity limits are exceeded;

(k) 40 CFR 141.570, which, in addition to 40 CFR 141.75, sets forth general reporting requirements for public water suppliers that utilize surface water or GWUDISW and serve fewer than 10,000 people; and

(l) 40 CFR 141.571, which, in addition to 40 CFR 141.75, sets forth general recordkeeping requirements for public water suppliers that utilize surface water or GWUDISW and that serve fewer than 10,000 people.

(8) Upon request by the department, a public water supplier shall ensure that recommendations of a certified professional engineer required under 40 CFR 141.175 or 40 CFR 141.563 are implemented through consultation and technical assistance provided by the department or by a third party approved by the department.

(9) Upon discovering that a waterborne disease outbreak potentially attributable to that water system has occurred, a supplier shall report that occurrence to the department as soon as possible, but no later than by the end of the next business day.

(10) Upon request by the department, suppliers shall timely submit to the department copies of any records required to be maintained by these rules.

This rule has been repealed.

(1) The board adopts and incorporates by reference 40 CFR Part 141, subpart Q, which sets forth public notification requirements for drinking water violations.

(2) The board adopts and incorporates by reference 40 CFR Part 141, Subpart O, which sets forth requirements for consumer confidence reports.

(3) The board adopts and incorporates by reference 40 CFR Part 141.85, which sets forth the public education and supplemental monitoring requirements for exceedances of the lead action level.

(a) 40 CFR 141.4(a) , which sets forth general requirements for variances and exemptions;

(b) 40 CFR Part 142, Subpart E, which sets forth requirements for variances, except that the department has the same authority as the EPA administrator has in a state that does not have primary enforcement responsibility for enforcement of the SDWA;

(c) 40 CFR Part 142, Subpart F, which sets forth requirements for the issuance of exemptions, except that the department has the same authority as the EPA administrator has in a state that does not have primary enforcement responsibility for enforcement of the SDWA;

(d) 40 CFR Part 142, Subpart G, which sets forth the identification of best technologies, treatment techniques, or other means generally available; and

(e) CFR Part 142, Subpart K, which sets forth the requirements for variances for small public water supply systems.

(2) For purposes of this rule, an active service connection is one that provides water service for human consumption to a customer that is billed directly or otherwise held directly responsible by a public water supply system supplier for payment for that service. Activities that do not qualify as human consumption include water used exclusively by livestock or for fire protection.

(3) The annual fee does not apply to a service connection if:

(a) the service connection has been turned off for the entire fiscal year prior to any March 1 fee payment deadline; and

(b) the public water supply system has not required payment for service for that time period.

(4) Each community public water supply system supplier shall determine the total number of active service connections for each fiscal year based on an assessment that occurs between July 1 and August 1 of that fiscal year.

(5) The total annual service connection fee is determined by multiplying the number of active service connections by the appropriate annual fee per service connection.

(6) Regardless of the number of service connections, the minimum annual fee for any community public water system is $100.

(7) Fees for community public water supply systems are determined as follows:

(a) The annual fee per active service connection is $2.25 for fiscal years 1992 and 1993.

(b) Beginning fiscal year 1994, the annual fee per active service connection is $2.00.

(8) Fees for noncommunity public water supply systems are determined as follows:

(a) The annual fee for a nontransient noncommunity public water supply system is $100.

(b) The annual fee for any other noncommunity public water supply system is $50.

(9) Failure to pay the annual fee, including any outstanding past-due balance, by March 1 of the fiscal year for which the fee is assessed subjects suppliers to an additional charge to be calculated by multiplying the total outstanding balance by 10%.

(10) The board shall review the public water supply program, including the service connection fee amounts imposed by this rule, on or before December 26 of each year.

(2) The owner of a public water supply or wastewater treatment system shall provide, no later than 30 days after the issuance of a written request by the department, the name, address, and telephone number of a designated person who shall be responsible for contact and communications with the department in matters relating to system alteration, extension and construction, monitoring and sampling, maintenance, operation, record keeping, notification, and reporting.

(3) The owner of a public water supply or wastewater treatment system shall report any change in certified operator or designated person to the department within 30 days after the change.

(4) Any communication or notice made by the department to a person designated under (2) is deemed to be adequate communication or notice to the owner of the public water supply or wastewater treatment system.

(5) The department hereby adopts and incorporates by reference Title 37, chapter 42, MCA, which establishes requirements for operators of public water supply systems and wastewater treatment plants. A copy may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) When the department decides to grant, deny, modify or revoke a variance or exemption, a person aggrieved by the department's decision may appeal the department's decision to the board if the person aggrieved files a petition under oath with the board within 15 days after the department renders its decision. The petition of appeal must contain the following information:

(a) the name and address of the petitioner;

(b) the reasons why an appeal is sought; and

(c) if the appeal is from the grant or modification of a variance, exemption or compliance plan, the provisions of the variance, exemption or compliance plan which the petitioner wants reviewed by the board.

(2) For the purposes of this rule, "a person aggrieved by the department's decision" means the applicant for a variance or exemption, or a person who is served by the public water supply system which was the subject of the department's decision.

(1) A variance or exemption becomes effective 15 days after the department renders its decision if no petition of appeal has been filed with the board within those 15 days. The filing of a petition of appeal as required by ARM 17.38.264 postpones the effective date of the variance or exemption until the board has issued a final decision on the appeal.

This rule has been repealed.

(1) The department shall maintain records regarding its public water supply program and make reports to the U.S. Environmental Protection Agency concerning its program in a manner that is consistent with requirements set forth in 40 CFR 142.14 and 142.15.

(2) The department hereby adopts and incorporates by reference 40 CFR 142.14 and 142.15, which describe recordkeeping and reporting requirements for state drinking water programs, except as listed below:

(a) The first portion of 40 CFR 142.14(a)(10)(i)(B) is modified to read "Section 141.854(j) of this chapter –";

(b) 40 CFR 142.14(a)(10)(ii)(A), 142.14(a)(10)(ii)(B), and 142.14(a)(10)(ii)(C) are not adopted; and

(c) 40 CFR 142.15(c)(3) is not adopted.

(3) Copies may be obtained by contacting the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901, (406) 444-4400.

For the purposes of this subchapter, unless the context requires otherwise, the following definitions, in addition to those in 75-6-102, MCA, apply:

(1) "Approved backflow prevention assembly or device" means an assembly or device approved by the department.

(2) "Back pressure" means any increase of water pressure in the downstream piping system above the supply pressure at a point where backflow could occur.

(3) "Back siphonage" means a form of backflow caused by a reduction in supply pressure which causes a negative or sub-atmospheric pressure to exist in the water system.

(4) "Backflow" means the undesirable reversal of water flow or the reversal of water flow containing other liquids, gases or other substances from a connected source that flows into the distribution pipes of the public water supply system.

(5) "Backflow prevention assembly" means an apparatus that consists of a backflow prevention device, two shutoff valves, and appropriate test ports.

(6) "Backflow prevention device" means an apparatus designed to prevent backflow.

(7) "Certified backflow prevention assembly tester" means a person who holds a current certificate issued by a certification program of any state authorizing the person to test backflow prevention assemblies or who holds a current certificate from the American Society of Sanitary Engineers or the American Backflow Prevention Association.

(8) "Cross-connection" is defined in 75-6-102, MCA.

(9) "Degree of hazard" means the level of risk created by either a pollutant (non-health hazard) or a contaminant (health hazard), as derived from an assessment of the materials that may come in contact with the distribution system through a cross-connection.

(10) "Health hazard" means a condition that causes or creates a potential for water contamination that may cause disease or have other physical or toxic effects on humans.

(11) "Non-health hazard" means a condition that causes or creates a potential for water quality degradation but does not constitute a health hazard.

(1) The board adopts and incorporates by reference the "Manual of Cross-Connection Control" (10th edition), published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California (October 2009). This publication sets forth standards for cross-connections to public water supply systems. Copies of this publication may be obtained by contacting the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, Kaperielian Hall 200, Los Angeles, CA 90089-2531 or at http://www.usc.edu/dept/fccchr/.

(1) A cross-connection on a public water supply system must be eliminated by the disconnection of the cross-connection whenever reasonably practicable. Whenever elimination of a cross-connection is not reasonably practicable and the cross-connection creates a health or non-health hazard, the hazard must be eliminated by the insertion into the piping of an approved backflow prevention assembly or device in accordance with (2).

(2) For the cross-connections identified below, the following types of approved backflow prevention assemblies or devices must be used:

(a) A health hazard created by a cross-connection that may be subject to back pressure must be eliminated by an approved reduced pressure principle backflow prevention assembly (RP) or an air-gap.

(b) A health hazard created by a cross-connection that may be subject to back siphonage, but not subject to back pressure, must be eliminated by an approved air-gap, pressure vacuum breaker assembly (PVB), spill-resistant pressure vacuum breaker assembly (SVB), atmospheric vacuum breaker (AVB), or a reduced pressure principle backflow prevention assembly (RP).

(c) A non-health hazard created by a cross-connection that may be subject to back pressure and back siphonage must be eliminated, at a minimum, by an approved double check valve assembly (DC). This cross-connection condition may also be eliminated by an air-gap or by an approved reduced pressure principle backflow prevention assembly (RP).

(d) A non-health hazard created by a cross-connection that may be subject to back siphonage, but is not subject to back pressure, must be eliminated, at a minimum, by an approved double check valve assembly (DC), pressure vacuum breaker assembly (PVB), spill-resistant pressure vacuum breaker assembly (SVB), or an atmospheric vacuum breaker (AVB). This cross-connection condition may also be eliminated by an air-gap or by an approved reduced pressure principle backflow prevention assembly (RP).

(3) Backflow prevention assemblies and devices must be approved by the department.

(4) A backflow prevention assembly or device must be installed and maintained, at a minimum, in accordance with the manufacturer's specifications.

(5) This rule applies to piping between water systems outside of any building and to piping within any building, including cross-connections in plumbing systems.

(6) The department may not approve a plan for the construction of a public water supply system containing provisions for cross-connection unless provisions for the protection of the public water supply are demonstrated in the plan.

(1) To obtain approval of a voluntary cross-connection control program, an owner or operator of a public water supply system shall file an application with the department.

(2) The application must be accompanied by a copy of the local ordinances or plan of operations that describes the methods for implementing the cross-connection control program. The local ordinances or plan of operations must include the following:

(a) a statement defining the responsibilities of the public water supplier and the responsibilities of the consumer regarding implementation of the program;

(b) a requirement for a survey to be conducted by the owner or operator of a public water supply system for the purpose of identifying locations where cross-connections are likely to occur and evaluating the degree of hazard at each location;

(c) a requirement to eliminate cross-connections and hazards in compliance with ARM 17.38.305 on a priority basis beginning with those identified as having the highest degree of hazard. A health hazard must be assigned a higher degree of risk than all non-health hazards;

(d) a description of the procedures and criteria that the public water supplier must or will use to evaluate the degree of hazard represented by a cross-connection. The procedures and criteria must, at a minimum, be consistent with the procedures and criteria specified in the "Manual of Cross-Connection Control", incorporated by reference in ARM 17.38.302;

(e) the method for identifying the appropriate backflow prevention assembly or device for a specific degree of hazard. The methodology must be in accordance with the "Manual of Cross-Connection Control" incorporated by reference in ARM 17.38.302, or as described in ARM 17.38.305(2);

(f) a requirement for the installation of backflow prevention assemblies or devices where cross-connections identified in the survey cannot be practically eliminated;

(g) a provision for maintaining permanent records of the locations and types of backflow prevention assemblies or devices installed in the public water supply system and a provision requiring records regarding the inspection and testing of these backflow prevention assemblies or devices; and

(h) a written procedure that will be used to inspect and test a backflow prevention assembly or device. The procedures must provide that a certified backflow prevention assembly tester, as defined in this subchapter, will be used to conduct the inspection and testing.

(2) After reviewing a complete application for compliance with this subchapter, the department shall approve the application if it meets the requirements of ARM 17.38.312 and disapprove the application if it does not meet those requirements.   The department shall notify the public water supplier in writing that the voluntary program is or is not approved by the department.   If a voluntary program is not approved, the department shall specify the reasons for its denial of the application.

(3) If a public water supplier wishes to modify a department-approved voluntary program for cross-connection control, the modification must be submitted to the department for its review and approval according to the requirements of this subchapter.

(1) The department shall approve a voluntary program for cross-connection control if:

(a) the applicant has submitted an application that meets the requirements of ARM 17.38.310;

(b) the program provides for elimination of cross-connections, health hazards, and non-health hazards, and for installation and maintenance of backflow prevention assemblies or devices in accordance with ARM 17.38.305;

(c) the program provides that backflow prevention assemblies or devices must be inspected and tested, at least annually, in accordance with the "Manual of Cross-Connection Control", incorporated by reference in ARM 17.38.302; and

(d) the program provides that inspection and testing of backflow prevention assemblies or devices must be performed by a certified backflow prevention assembly tester.

(2) A cross-connection is exempt from the standards in this rule if the following conditions are met:

(a) the cross-connection is with a public water supply system that has been approved by the department;

(b) the owner or operator of the public water supply that is or will be connected to the system with the approved voluntary cross-connection control program:

(i) sends a written request for an exemption to the public water supplier with the approved voluntary program; and

(ii) submits a sanitary survey conducted within the three years preceding the request for an exemption that:

(A) indicates that there are no cross-connections that violate the requirements of ARM 17.38.305(1) and (2) within the public water supply system that is or will be connected; and

(B) has been conducted by the department or a person who has contracted with the department for the purpose of performing the sanitary survey; or

(C) has been determined by the department to be complete and reliable; and

(c) the public water supplier with the approved voluntary program determines that the public water supply that is or will be connected is acceptable as a source.

(1) "Department" means the Department of Environmental Quality.

(2) "Water hauler" is a water supplier that is a public water supply system, as defined in 75-6-102, MCA, and that is engaged in the business of transporting water, through a non-piped conveyance, from a water source to a cistern or other facility.

(1) Equipment used for the conveying and hauling of water must have water contact surfaces that are made of non-corrodible and non-toxic materials. All interior coatings, platings, or paints shall be free of toxic materials.

(2) Water-contact surfaces must be smooth for easy cleaning and sanitizing.

(3) Inlets, outlets, piping, hose, and tank openings must be constructed to prevent entrance of foreign materials that may contaminate the water.

(4) The tanks or containers shall be free of deep pits, excessive scale, dents, or crimps which may tend to hold contaminating matter.

(5) All water contact surfaces including tanks must never have been used to transport or handle toxic or noxious substances.

(6) All inlet openings must be kept closed except when filling or cleaning.

(7) Flexible delivery piping, connectors, and ends are to be protected at all times. During delivery, cistern or reservoir must be protected from contamination.

(8) Tanks used for hauling water for human consumption shall not be used for any other purpose.

(9) Each piece of equipment used to haul water may be inspected periodically by representatives of the department.

(a) before being used the first time and after a period of non-use.

(b) after any portion of equipment has been dismantled or repaired.

(c) after known errors in sanitary procedures by the operators have occurred.

(d) at least weekly.

(2) Equipment shall be cleaned by scrubbing with normal cleaning aids, being careful to flush away all foreign materials.

(3) The equipment shall be sanitized by exposing it to:

(a) steam at 170ºF for 15 minutes, or

(b) steam at 200ºF for 5 minutes, or

(c) chlorine, iodine, or other approved sanitizers at recommended strength and contact time. Application of chemical sanitizers can be done by fogging, spraying, jet-blowing, or any other procedure approved by the department.

(1) Water to be hauled must be taken from a department-approved community public water supply system and from a department-approved water loading station that meets the requirements of Department Circular DEQ-1.

(2) Water haulers shall collect bacteriological samples from the water hauling equipment at least once per month for each approved public water supplier the hauler uses that month.

(3) If a water hauler's public water supplier is in compliance with the monitoring and maximum contaminant level requirements set forth in ARM Title 17, chapter 38, subchapter 2, the water hauler is not required to duplicate the entry point sampling of the supplier unless specifically required to do so by the department.

(2) There must be no direct connection between the hose or pipe on the public water supply and the hauling tank itself. An air gap must be provided or an adequate back flow prevention device must be installed on the filler pipe.

(1) Except as provided in (3), water haulers shall dose each load of water with enough chlorine to provide a free chlorine or total chlorine residual of at least 0.4 parts per million (ppm), not to exceed 4.0 ppm, at the time the water hauling equipment is filled and at the time the water is delivered to the receiving system. Water haulers shall use department-approved methods to monitor the chlorine residual concentration.

(2) Water haulers shall monitor each load of water, and shall record chlorine residual results on department-approved forms. Haulers shall retain the records of chlorine residual results for each load and shall provide the records to the department upon request. Chlorine residual records must be retained for ten years, as required by 40 CFR, Part 141.33, which is incorporated by reference in ARM 17.38.234. By the tenth of the month following a delivery, haulers shall report the following to the department on department-approved forms:

(a) one chlorine residual result for each day water is delivered, taken from the load with the lowest monitored residual result; and

(b) for days that a hauler obtains and delivers water from multiple public water suppliers, one chlorine residual result per supplier per day, taken from the loads with the lowest monitored residual result.

(3) Water haulers using an approved chloraminated source of water shall monitor, record, and report residuals as required in (1) and (2), but are not required to adjust total chlorine levels.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.