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Montana Administrative Register Notice 17-336 No. 12   06/21/2012    
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.30.1001, 17.30.1022, 17.36.345, 17.36.914, 17.38.101, 17.38.102, 17.38.103, 17.38.106, 17.50.811, 17.50.815, and 17.50.819 pertaining to definitions, exclusions from permit requirements, subdivisions, wastewater treatment systems, plans for public water supply or wastewater system, fees, operation and maintenance requirements for land application or incorporation of septage, grease trap wastes, and incorporation by reference

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

(WATER QUALITY)

(SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT)

(PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS)

(SOLID WASTE MANAGEMENT)

 

            TO:  All Concerned Persons

 

            1.  On July 27, 2012, at 9:00 a.m., the Board of Environmental Review and the Department of Environmental Quality will hold a public hearing in Room 111, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

            2.  The board and department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact Elois Johnson, Paralegal, no later than 5:00 p.m., July 9, 2012, to advise us of the nature of the accommodation that you need.  Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.

 

            3.  The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

            17.30.1001  DEFINITIONS  The following definitions, in addition to those in 75-5-103, MCA, apply throughout this subchapter:

            (1) through (13) remain the same.

            (14)  "Reclaimed wastewater" is defined in 75-6-102, MCA.

            (14) and (15) remain the same, but are numbered (15) and (16).

            (17)  "Unrestricted reclaimed wastewater" means wastewater that is treated to the standards for Class A-1 or Class B-1 reclaimed wastewater, as set forth in Appendix B of Department Circular DEQ-2, entitled "Montana Department of Environmental Quality Design Standards for Public Sewage Systems" (May 2012 edition).

            (a)  The board adopts and incorporates by reference Department Circular DEQ-2, entitled "Department of Environmental Quality Design Standards for Public Sewage Systems" (May 2012 edition).  Copies are available from the Department of Environmental Quality, Technical and Financial Assistance Bureau, P.O. Box 200901, Helena, MT 59620-0901.

 

            AUTH:  75-5-201, 75-5-401, MCA

            IMP:  75-5-301, 75-5-401, MCA

 

            17.30.1022  EXCLUSIONS FROM PERMIT REQUIREMENTS  (1)  In addition to the permit exclusions identified in 75-5-401, MCA, the following activities or operations are not subject to the permit requirements of ARM 17.30.1023, 17.30.1024, 17.30.1030 through 17.30.1033, 17.30.1040, and 17.30.1041:

            (a) through (e) remain the same.

            (f)  multifamily sewage disposal systems reviewed and approved by the Department of Public Health and Human Services under Title 50, chapters 50, 51, and 52, MCA, and multifamily sewage disposal systems reviewed and approved by local boards of health under Title 50, chapter 2, MCA, after May 1, 1998.  However, this exclusion does not apply to aerobic package plant systems, mechanical treatment plants, and nutrient removal systems, which require a high degree of operation and maintenance, or systems which require monitoring pursuant to ARM 17.30.517(1)(d)(ix); and

            (g)  public sewage systems that use apply reclaimed wastewater at agronomic rates to land application as a method of disposal and that have been reviewed and approved by the department under Title 75, chapter 6, MCA, and ARM 17.38.101.;

            (h)  public sewage systems that discharge unrestricted reclaimed wastewater and that have been reviewed and approved under Title 75, chapter 6, MCA, and ARM 17.38.101.  Discharges of unrestricted reclaimed wastewater excluded under this rule remain subject to the monitoring and reporting requirements imposed as a condition of approval under ARM 17.38.101(8)(c).

            (2) remains the same.

 

            AUTH:  75-5-401, MCA

            IMP:  75-5-401, 75-5-602, MCA

 

            17.36.345  ADOPTION BY REFERENCE  (1)  For purposes of this chapter, the department adopts and incorporates by reference the following documents.  All references to these documents in this chapter refer to the edition set out below:

            (a) remains the same.

            (b)  Department Circular DEQ-2, "Design Standards for Wastewater Facilities Public Sewage Systems," 1999 2012 edition;

            (c) through (2) remain the same.

 

            AUTH:  76-4-104, MCA

            IMP:  76-4-104, MCA

 

            17.36.914  WASTEWATER TREATMENT SYSTEMS - TECHNICAL REQUIREMENTS  (1) remains the same.

            (2)  Department Circular DEQ-4, 2009 edition, which sets forth standards for subsurface sewage treatment systems, and Department Circular DEQ-2, 1999 2012 edition, which sets forth design standards for wastewater facilities public sewage systems, are adopted and incorporated by reference for purposes of this subchapter.  All references to these documents in this subchapter refer to the editions set out above.  Copies are available from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

            (3) through (7) remain the same.

 

            AUTH:  75-5-201, MCA

            IMP:  75-5-305, MCA

 

            17.38.101  PLANS FOR PUBLIC WATER SUPPLY OR WASTEWATER PUBLIC SEWAGE SYSTEM  (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 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 wastewater 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) through (e)(ii) remain the same.

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

            (f) through (m)(ii) remain the same, but are renumbered (g) through (n)(ii).

            (4)  A person may not commence or continue the construction, alteration, extension, or operation of a public water supply system or wastewater 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 wastewater 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) and (b) remain the same.

            (c)  the design report, plans, and specifications for all wastewater 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 dDepartment Circular DEQ-2, "Montana Department of Environmental Quality Design Standards for Wastewater Facilities Public Sewage Systems."  The design report, plans, and specifications for a wastewater 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) through (j) remain the same.

            (5) through (7) remain the same.

            (8)  The department or a delegated division of local government shall issue a written approval for a public water supply system or wastewater 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; or

            (b)  the department's approval of a wastewater 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 (10)(b), unless the applicant has completed the construction, alteration, or extension of a public water supply or wastewater 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.  The department may grant a completion deadline extension if the applicant requests an extension in writing and demonstrates adequate justification to the department.

            (10) through (11) remain the same.

            (12)  A person may not commence or continue the operation of a public water supply or wastewater 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 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 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, the engineer shall sign and submit the certified "as-built" drawings to the department or a delegated division of local government.

            (14) remains the same.

            (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 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.

            (16) remains the same.

            (17)  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.

            (18)  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."

            (17) (19)  For purposes of this chapter, the department 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) remains the same.

            (b)  Department of Environmental Quality Circular DEQ-2, 1999 2012 edition, which sets forth the requirements for the design and preparation of plans and specifications for sewage works;

            (c) through (i) remain the same.

            (18) (20)  A copy of any of the documents adopted under (16) (19) may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

 

            AUTH:  75-6-103, MCA

            IMP:  75-6-103, 75-6-112, 75-6-121, MCA

 

            17.38.102  DELEGATION OF REVIEW OF SMALL PUBLIC WATER AND SEWER SEWAGE SYSTEM PLANS AND SPECIFICATIONS  (1)  The department may delegate to divisions of local government the review of plans and specifications for:

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

            (b)  extensions or alterations of existing public water and public sewer 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) and (ii) remain the same.

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

            (b) remains the same.

 

            AUTH:  75-6-103, 75-6-121, MCA

            IMP:  75-6-121, MCA

 

            17.38.103  PUBLIC WATER AND SEWER SEWAGE PROJECTS ELIGIBLE FOR CATEGORICAL EXCLUSION FROM MEPA REVIEW  (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 sewer sewage systems, drinking water supply systems, and stormwater systems, including combined sewer overflow systems that involve:

            (i) through (4)(d) remain the same.

 

            AUTH:  75-6-103, MCA

            IMP:  75-6-103, MCA

 

            17.38.106  FEES  (1) remains the same.

            (2)  Department review will not be initiated until fees calculated under (2)(a) through (e) and (5) have been received by the department.  If applicable, the final approval will not be issued until the calculated fees under (3) and (4) have been paid in full.  The total fee for the review of a set of plans and specifications is the sum of the fees for the applicable parts or subparts listed in these citations.

            (a) remains the same.

            (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)............................................................... $    280

                        comprehensive facility plan (major)................................................. $ 1,400

            Chapter 30 Design of sewers

                        per lot fee............................................................................................... $      70

                        non-standard specifications.............................................................. $    420

                        collection system (per lineal foot)..................................................... $   0.25

            Chapter 40 Sewage pumping station

                        force mains (per lineal foot)............................................................... $   0.25

                        1000 gpm or less................................................................................. $    700

                        greater than 1000 gpm...................................................................... $  1,400

            Chapter 60 Screening grit removal

                        screening devices and comminutors............................................... $    420

                        grit removal........................................................................................... $    420

                        flow equalization................................................................................. $    700

            Chapter 70 Settling......................................................................................... $ 1,120

            Chapter 80 Sludge handling......................................................................... $ 2,240

            Chapter 90 Biological treatment................................................................... $ 3,360

                        nonaerated treatment ponds............................................................. $ 1,120

                        aerated treatment ponds.................................................................... $ 1,960

            Chapter 100 Disinfection............................................................................... $    900

            Chapter 120 Irrigation and Rapid Infiltration Systems............................. $    980

            Appendices A, B, and C, & D (per design).................................................. $    980

            (c) through (7) remain the same.

 

            AUTH:  75-6-108, MCA

            IMP:  75-6-108, MCA

 

            17.50.811  OPERATION AND MAINTENANCE REQUIREMENTS FOR LAND APPLICATION OR INCORPORATION OF SEPTAGE  (1) through (6) remain the same.

            (7)  Septage may be placed in an active sewage sludge management unit at a permitted wastewater treatment facility only if the facility is designed and operated to handle septage in a manner protective of human health and the environment and in conformance with Department Circular DEQ-2, Design Standards for Wastewater Facilities Public Sewage Systems.

            (8) through (11) remain the same.

 

            AUTH:  75-10-204, 75-10-1202, MCA

            IMP:  75-10-204, 75-10-1202, MCA

 

            17.50.815  GREASE TRAP WASTES  (1) and (2) remain the same.

            (3)  Grease trap waste may be dewatered at a permitted wastewater treatment works designed in conformance with Department Circular DEQ-2, Design Standards for Wastewater Facilities Public Sewage Systems, a solid waste management system licensed in conformance with Title 75, chapter 10, part 2, MCA, or at a land application site approved in conformance with this subchapter.

            (4) through (8) remain the same.

 

            AUTH:  75-10-1202, MCA

            IMP:  75-10-1202, MCA

 

            17.50.819  INCORPORATION BY REFERENCE AND AVAILABILITY OF REFERENCED DOCUMENTS  (1)  The department hereby adopts and incorporates by reference:

            (a)  Department Circular DEQ-2, Design Standards for Wastewater Facilities Public Sewage Systems (1999 ed. 2012 edition), which sets forth design standards for wastewater facilities public sewage systems;

            (b) through (3) remain the same.

 

            AUTH:  75-10-1202, MCA

            IMP:  75-10-1202, MCA

 

            REASON:  The board is proposing to amend Montana's rules regulating the design and construction of public sewage systems in ARM 17.38.101, 17.38.102, and 17.38.103 in order to clarify existing language, add requirements related to the department's approval of proposals to use reclaimed wastewater, and incorporate revisions to Department Circular DEQ-2, currently entitled "Department of Environmental Quality Design Standards for Wastewater Facilities" (1999 edition) (hereafter "DEQ-2").  In general, the proposed revisions to DEQ-2 consist of updates to the existing design standards, the addition of new design standards for relatively new technology, and the addition of treatment standards and associated classifications for reclaimed wastewater that will be reused for other purposes.  The board is also proposing to change the title of DEQ-2 to be consistent with the changes in terms proposed in ARM 17.38.101.  The draft Department Circular DEQ-2 can be viewed at http://deq.mt.gov/wqinfo/pws/PlanReviewEngineer.mcpx.

            In addition, the board is proposing amendments to ARM 17.30.1022 to provide a ground water permit exemption for certain classes of reclaimed wastewater and to add definitions into ARM 17.30.1001 to limit the new exemption to specific classes of reclaimed wastewater.

            The board's specific reasons for amending the rules and revising DEQ-2 are as follows:

 

Rule Amendments

 

ARM 17.30.1001(14) and (17)

 

            The board is proposing to amend ARM 17.30.1001 in order to incorporate the statutory definition of "reclaimed wastewater" in (14) and add a new definition of "unrestricted reclaimed wastewater" in (17) to supplement the existing definitions in Montana's ground water rules.  The proposed adoption of these definitions will ensure that only reclaimed wastewater that is treated to the highest standards in DEQ-2 will qualify for an exemption from the ground water permit requirements, because the wastewater must comply with the standards specified in the definition of "unrestricted reclaimed wastewater."  The board is further proposing to incorporate by reference DEQ-2 into ARM 17.30.1001(17), because the definition of "unrestricted reclaimed wastewater" requires compliance with Class A-1 or B-1 treatment standards, which are proposed for adoption in the revised DEQ-2.

 

ARM 17.30.1022(1)(g)

 

            The board is proposing to amend ARM 17.30.1022(1)(g) to clarify that only public sewage systems that apply reclaimed wastewater at agronomic rates qualify for a ground water permit exemption.  As currently written, the rule provides an exemption for any public sewage system that land applies its wastewater regardless of method or volume.  By specifying that the wastewater must be applied at agronomic rates (i.e., the controlled application of wastewater in a manner that ensures that all of the effluent is used by vegetation and no impacts to ground water will occur), the amendment clarifies that the exemption only applies to land application methods that do not result in impacts to ground water.

 

ARM 17.30.1022(1)(h)

 

            The board is proposing to add a new exemption from the ground water permitting requirements in ARM 17.30.1022(1)(h), which will exempt discharges from public sewage systems that meet the definition of "unrestricted reclaimed wastewater."  Under that definition, a discharge must be treated to the highest standards proposed for adoption in DEQ-2 prior to being used for other purposes.  The proposed exemption would allow a public sewage system that meets Class A-1 or B-1 standards to discharge the treated water without first obtaining a ground water permit from the department.

            The board is proposing this exemption for two reasons:  (1) treating wastewater to the standards for Class A-1 or B-1 prior to reusing it poses minimal risk to public health and the environment; and (2) providing a ground water permit exemption may provide an incentive for public sewage systems to provide a higher level of treatment than required by current regulations governing ground water permits.  In order to ensure that any exempt reclaimed wastewater continues to meet Class A-1or B-1 treatment standards during the life of a reuse project, the board is proposing language in ARM 17.30.1022(1)(h) specifying that the reclaimed wastewater remains subject to the monitoring and reporting requirements imposed by the department during its approval of a reuse project.

 

ARM 17.36.345, 17.36.914, and 17.50.819

 

            The board and department are amending these rules to update the incorporation by reference of DEQ-2, 2012 edition, to make the department's review under subdivisions and solid waste programs consistent with the department's review of public sewage systems under ARM 17.38.101.

 

ARM 17.38.101, 17.38.102, 17.38.103

 

            The board is proposing to amend ARM 17.38.101, 17.38.102, and 17.38.103 to replace the terms "wastewater system" and "sewer," as used throughout the rules, with the term "public sewage system."  The board is proposing this amendment to clarify that the rules only apply to "public sewage systems" that, by definition, are systems for the collection and disposal of sewage that serve 15 or more families or 25 or more persons daily for 60 or more days.  In contrast, the term "wastewater system" is broadly defined in ARM 17.38.101 to mean "a public sewage system or other system that collects, transports, treats, or disposes of industrial wastes."  Since the board's authority under 75-6-103, MCA, is expressly limited to adopting rules governing public sewage systems, the board is proposing this amendment to be consistent with its statutory authority.

 

 

ARM 17.38.101(8)(c)

 

            The board is also proposing to add new requirements to ARM 17.38.101 in response to recent amendments to state laws governing the department's review and approval of public sewage systems (House Bill 52, 2011).  Specifically, 75-6-103, MCA, has been amended to require the board to adopt rules establishing allowable uses and associated classifications of reclaimed wastewater and also adopt monitoring, reporting, and recordkeeping requirements tailored to each classification.  In response to these directives, ARM 17.38.101(8) is being amended to add (c) specifying that the department's approval of a reclaimed wastewater project must require compliance with the treatment standards and reporting requirements currently being proposed for adoption in DEQ-2.  The adoption of new (8)(c) is necessary to ensure that the department's approval of a reclaimed wastewater project imposes a clear legal obligation on the owner or operator to adhere to the treatment and reporting standards proposed for adoption in DEQ-2.

 

ARM 17.38.101(17)

 

            The amendments to 75-6-103, MCA, further require the adoption of rules requiring applicants requesting the department's approval of a proposal to use reclaimed wastewater to first obtain from the Department of Natural Resources and Conservation "any necessary approvals required under Title 85, MCA."  In response to this directive, the board is proposing to add a new (17) to ARM 17.38.101, which prohibits the department or a delegated division of local government from approving a reclaimed wastewater project until the applicant has obtained any necessary approvals under Title 85, MCA.  Since a delegated division of local government may also approve a reclaimed wastewater project, the prohibition against approving a project without first obtaining any necessary approvals from the Department of Natural Resources and Conservation applies to those entities as well.

 

ARM 17.38.101(18)

 

            Finally, the amendments to 75-6-103, MCA, require the adoption of a rule prohibiting the use of reclaimed wastewater, unless the particular use is allowed under the board's rules.  The amendments also require a rule prohibiting the use of reclaimed wastewater, unless it has been treated to meet the standards adopted by the board for the particular use.  In response to these directives, the board is proposing to add a new (18) to ARM 17.38.101.  Under (18), an owner or operator of a public sewage system may not use reclaimed wastewater for a use that has not been adopted by the board in DEQ-2.  The new section also prohibits an owner or operator from using reclaimed wastewater that has not been treated to the standards for that particular use specified in DEQ-2.

 

ARM 17.38.101(19)

 

            The board is proposing to amend ARM 17.38.101(19) in order to incorporate the board's proposed revisions to DEQ-2 into rules regulating the design and construction of public sewage systems.  This amendment is necessary to provide the department with authority to require compliance with the new requirements proposed for adoption in DEQ-2, including requirements for reclaimed wastewater.

 

ARM 17.38.106

 

            As a result of the proposed revisions to Circular DEQ-2, an adjustment to the fees in ARM 17.38.106 (2)(b), Schedule II, is necessary to account for the removal of the design standards currently in Appendix B and D and the consolidation of those design standards into new Chapter 120.  In order to maintain the existing fee amount for the review of projects under Appendix B and D, the board is proposing to apply the fee amount currently provided for the department's review under both appendixes to the department's review of the same projects under new Chapter 120.  The board is further proposing to eliminate Appendix B and D from Schedule II, since all projects currently reviewed under those appendixes will be reviewed under new Chapter 120.

            The proposed amendments to the fee rule are necessary to ensure that the fees now assessed for review of projects under Appendix B and D will apply to the same projects that will now be reviewed under Chapter 120.  Specifically, 75-6-108, MCA, requires the board to adopt rules to recover the department's costs for its review of plans and specifications submitted by persons for the alteration, construction, or extension of public sewage systems.  Since no change to the existing fee for projects currently reviewed under Appendix B and D is being proposed, the board finds the adoption of the proposed fee for Chapter 120 is reasonable and necessary.

 

ARM 17.50.811 and 17.50.815

 

            These rules are being amended to change the title of Department Circular DEQ-2 to be consistent with the other changes in the rule notice.

 

Circular DEQ-2 Revisions

 

DEQ-2, General Revisions

 

            Many of the proposed revisions throughout DEQ-2 are based on new information and recommendations from the "parent document."  All references to the parent document, as used in the board's reasons for revising DEQ-2, refer to the 2004 edition of a document entitled, "Recommended Standards for Wastewater Facilities," also known as the "Ten State Standards," published by the Great Lakes – Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers.  This document is a compilation of common standards used by states in the design and preparation of plans and specifications for wastewater treatment facilities.  Since its inception, DEQ-2 has been based primarily on the information contained within the parent document.  New information from the 2004 edition of the parent document is being proposed for incorporation into DEQ-2 in order to provide:  (1) design standards that reflect recent technological advances in the wastewater industry; (2) additional and important design considerations; and (3) better clarity for design engineers through the expansion of text or a restructuring of its content.  When a revision to DEQ-2 is being proposed based on a recommendation or requirement of the parent document, the reason for the revision indicates that fact.

            In addition to the specific revisions explained below, the board is proposing to generally revise the text of DEQ-2 to replace the terms "DEQ," "reviewing agency," "regulatory agency," and "reviewing authority" with the single term "Department."  The board is proposing this change to provide consistency and clarity throughout the document.  The board is also proposing to add applicable titles next to the numerical internal references used throughout DEQ-2, which refer the reader to other sections of the document.  This change is being made to assist the reader in identifying the content of the numerical references to other sections in DEQ-2.

 

DEQ-2, Section 10.1

 

            This section addresses the planning document requirements for wastewater improvement projects.  The board is proposing to amend the section by specifying the number of copies of engineering reports or facility planning documents that must be submitted to the department.  The board is also deleting information that pertains to plans and specification submittals.  The deleted information will be relocated in Chapter 20 which addresses plan and specification requirements.

 

DEQ-2, Section 11

 

            This section addresses the informational requirements for engineering reports and facility plans.  The board is proposing to amend this section by requiring the planning document to discuss the benefits and purpose of the proposed project.  This amendment is necessary to provide the treatment works' owner with adequate information for decision making.

 

DEQ-2, Section 11.12

 

            This section addresses the informational requirements for engineering reports.  The board is proposing to amend this section to require more detail in the planning document.  This information is necessary to provide a better basis for design and is also a requirement in the parent document.

 

DEQ-2, Section 11.14 and Section 11.15

 

            The board is proposing to delete the site drawing information from Section 11.14 and add a new Section 11.15 to clarify that site drawings are mandatory rather than a recommendation, as currently stated in Section 11.14.  This amendment is necessary to make site drawings a mandatory requirement and is consistent with the recommendation in the parent document.

 

 

DEQ-2, Section 11.18

 

            The board is proposing to add this new section to recommend that the planning document include the reasons for selection of the proposed alternative.  This amendment is necessary to provide the owner with adequate information for decision making.  This amendment is also a recommendation in the parent document.

 

DEQ-2, Section 11.19

 

            This section addresses the environmental impacts of the proposed project.  The board is proposing to amend the section by requiring that the discussion of environmental impacts be expanded to include cumulative and secondary impacts, as well as how adverse impacts will be minimized and mitigated.  This amendment is necessary in order to provide information to the funding and reviewing agencies that will assist the agencies in completing an environmental assessment or environmental impact statement for the project.  This amendment is also a recommendation in the parent document.

 

DEQ-2, Section 11.23

 

            This section addresses the informational requirements for facility plans.  The board is proposing to amend the section by recommending that the wastewater improvements with a design life in excess of 20 years be designed for the extended period.  This amendment is necessary to provide the owner with adequate information for decision-making purposes.  This amendment is also a recommendation in the parent document.

 

DEQ-2, Section 11.24 d

 

            This section provides definitions for key design parameters.  The board is proposing to amend the section to provide a more precise definition of the "design peak instantaneous flow."  This amendment is necessary because the amended definition is a design parameter used for the design of wastewater treatment facilities.

 

DEQ-2, Section 11.24 e

 

            This section provides definitions for key design parameters.  The board is proposing to add this section to provide a definition for "design maximum month flow."  This addition is necessary because the design maximum month flow is a design parameter used for the design of wastewater treatment facilities.

 

DEQ-2, Section 11.242

 

            This section addresses hydraulic capacity for facilities served by existing collection systems.  The board is proposing to amend the section by recommending that the wastewater flows should be more thoroughly evaluated prior to initiation of design and that actual flow data for wet weather flow conditions should be included in the facility plan.  This amendment is necessary to encourage the collection of information that may result in better treatment and is also a recommendation in the parent document.

 

DEQ-2, Section 11.243

 

            This section addresses hydraulic capacity for facilities served by new collection systems.  The board is proposing to amend the section by deleting Figure 1 (depicting the ratio of peak hourly flow to design average flow) and replace it with the peaking factor equation, which was used to develop the peaking factor curve in Figure 1.  This revision is necessary to ensure that the peaking factors used in the design are as accurate as possible, and eliminates the redundancy of information and guesswork associated with the use of Figure 1.

 

DEQ-2, Section 11.251 b 1 and 2

 

            This section provides organic load definitions for wastewater facilities.  The board is proposing to amend the section by adding a definition for "design total nitrogen."  This amendment is necessary because total nitrogen is a key design parameter for many wastewater facilities that are subject to new Montana Pollutant Discharge Elimination System (MPDES) permits and Montana Ground Water Pollution Control System (MGWPCS) permits with requirements related to total maximum daily loads (TMDLs) for nitrogen and nondegradation analysis for nitrogen.

 

DEQ-2, Section 11.251 c 1

 

            This section provides organic load definitions for wastewater facilities.  The board is proposing to amend the section by adding a definition for "design total phosphorus."  This amendment is necessary because total phosphorus is a key design parameter for many wastewater facilities that are subject to new MPDES permits with requirements related to total maximum daily loads (TMDLs) for nutrients.

 

DEQ-2, Section 11.252

 

            This section addresses organic loads for facilities served by existing collection systems.  The board is proposing to amend the section by adding language from the parent document that clarifies the informational requirements that are currently in DEQ-2, which address higher organic loads from industrial sources and from septage haulers.

 

DEQ-2, Section 11.253 a

 

            This section addresses organic loads for facilities served by new collection systems.  The board is proposing to amend the section by adding a requirement that specific values must be used for determining influent per capita loads for total nitrogen and total phosphorus during the design of wastewater systems when actual influent loads for these parameters are not available.  The values reported were obtained from Wastewater Engineering Treatment and Reuse by Metcalf & Eddy, 4th edition.  This amendment is necessary to more accurately assess organic loads when no actual data on organic loads is available during the design phase.

 

DEQ-2, Section 11.253 d

 

            This section addresses organic loads for facilities served by new collection systems.  The board is proposing to amend the section by adding recommended language from the parent document that allows, in some circumstances, organic loading data from a similar municipality to be used for design purposes.  This amendment is necessary to provide an alternative method of determining organic loads when no actual data is available.

 

DEQ-2, Section 11.27

 

            This section requires the facility plan to address effluent permit limits and how the proposed facility will meet the limits.  The board is proposing to amend the section by requiring the facility plan to address compliance with permit limits based on TMDLs, numeric water quality standards, and nondegradation requirements.

 

DEQ-2, Section 11.29 b

 

            This section requires that the facility plan provide a detailed evaluation of each alternative considered.  The board is proposing to add this section to require the facility plan to address the transport and treatment of wet weather flows.  This amendment is a recommendation in the parent document.

 

DEQ-2, Section 11.29 c 1

 

            This section requires that the facility plan provide a detailed site evaluation for each alternative considered.  The board is proposing to amend this section by adding recommended language from the parent document that recommends consideration be given to facility location and future development as well as the use of nonaerated treatment technologies and the potential for odor generation for wastewater with high sulfate concentrations.

 

DEQ-2, Section 11.29 c 7

 

            This section requires that the facility plan provide a detailed site evaluation for each alternative considered.  The board is proposing to amend this section by adding recommended language from the parent document that prevents the construction of lagoons in karst areas unless geologic and construction details are acceptable.

DEQ-2, Section 11.29 c 12 to c 18

 

            This section requires that the facility plan provide a detailed site evaluation for each alternative considered.  The board is proposing to amend this section by requiring more detail in the planning document to address environmental impacts that may result from construction of the proposed alternatives.  This amendment is necessary to provide a better basis for design and will provide the owner with adequate information for decision making.  Adding these criteria to the site evaluation will enable the department to better assess and understand early in the project what sensitive or critical environmental resources may be impacted by the project and what mitigation or permitting requirements may be needed.  This information is also required by the public funding agencies.

 

DEQ-2, Section 11.29 g

 

            This section allows for the usage of technologies not included in the standards.  The board is proposing to amend this section by reorganizing its content to provide better clarity.

 

DEQ-2, Section 11.29 i

 

            This section addresses the method and level of treatment to be achieved during construction.  The board is proposing to amend this section by adding language that requires that the department's permitting program be notified when a unit bypass is needed during construction.  This addition is necessary to ensure that this step is not overlooked (a requirement in the facility's discharge permit), and to make sure adequate planning occurs to maintain overall treatment at the highest level possible during construction.

 

DEQ-2, Section 11.29 j

 

            The board is proposing to add this new section to require the development of a plan of operation for wastewater treatment systems undergoing significant upgrades.  The plan of operation will provide the community with an outline of key tasks that need to be completed prior to system start-up for the successful operation of the new facility.  The plan of operation will address the development and implementation of an operating budget, administrative procedures, staffing and training plans, routine and emergency operational procedures, and an operation and maintenance manual.  This new section is necessary to provide key information during the planning process.

 

DEQ-2, Section 11.29 l

 

            This section requires cost estimates for the alternatives considered.  The board is proposing to amend this section by requiring that engineering, administration, and contingency costs be added to the overall cost estimate.  This information will provide the town or owner with adequate information for decision making and will provide interested parties with a more comprehensive understanding of the financial impacts of the project.

 

DEQ-2, Section 11.29 m

 

            This section addresses staffing and operational requirements for the alternatives considered.  The board is proposing to add this section to ensure that the proper operator certification and the associated costs to hire the operator(s) is considered in the development of the alternatives analysis.  The system classifications were taken from ARM 17.40.202(1)(c).

 

DEQ-2, Section 11.29 n

 

            This section addresses the environmental impacts of the proposed project.  The board is proposing to amend this section by requiring that the discussion of environmental impacts be expanded to include cumulative and secondary impacts and that the impacts to the environment and human population, as outlined under the Montana Environmental Policy Act, must be addressed as well.  This information is necessary for the funding and reviewing agencies to complete a thorough environmental assessment or environmental impact statement for the project.

 

DEQ-2, Section 20

 

            This section addresses the submittal of plans and specifications for the proposed project.  The board is proposing to amend this section by relocating information from Section 10.1 that pertains to the plan and specification review, project certification, and as-built submittals.  Additional language has been added to provide guidance and clarity regarding plan and specifications submittal requirements.

 

DEQ-2, Section 20.14

 

            This section addresses project design criteria.  The board is proposing to amend this section by adding recommended language from the parent document, which requires that downstream facilities be evaluated to ensure that sufficient capacity exists for the proposed project.

 

DEQ-2, Section 20.15

 

            This section addresses the development of procedures for operation of the existing facilities during construction.  The board is proposing to amend this section by adding a recommendation that facility personnel, essential to implementation of the operating procedures, be listed in the project documents.

 

DEQ-2, Section 21

 

            This section addresses the project specifications.  The board is proposing to amend this section by adding recommended language from the parent document to provide clarity.

 

DEQ-2, Section 21.1

 

            This section addresses the submittal of an operation and maintenance manual for the project.  The board is proposing to delete this section and relocate the information to a new operation and maintenance section that provides more details regarding operation and maintenance manual content.

 

DEQ-2, Section 23

 

            This section addresses the submittal of additional information to the department.  The board is proposing to amend this section by adding pump curves and buoyancy calculations to the list of information that may need to be submitted for a project.  This additional information is necessary to provide clarity to the design engineer on the type of information the department may request to determine the adequacy of a project design.

 

DEQ-2, Section 24

 

            This section addresses the submittal of deviation requests by the owner or operator for the project.  The board is proposing to amend this section by reorganizing its content to provide better clarity.

 

DEQ-2, Section 24.1

 

            This section addresses the procedure for the submittal of deviation requests for the project. The board is proposing to amend this section by requiring a professional engineer to submit all deviation requests on a newly developed form from the department.  Additional information has been added to this section to provide clarity to the deviation process.

 

DEQ-2, Section 25

 

            The board is proposing to add this new section which addresses the submittal requirements of an operation and maintenance manual for the project.  In addition, it requires that the system have an operation and maintenance manual prior to system start-up and provides the design engineer with guidance on the type of information that must be included in the document.  These changes will ensure that the system owner has the information needed to successfully operate the facility and will provide conformity of operation and maintenance manuals.

 

DEQ-2, Section 33.1

 

            This section addresses the minimum pipe diameter for gravity sewer mains.  The board is proposing to amend this section by reorganizing its content to provide clarity.

 

DEQ-2, Section 33.2

 

            This section addresses the minimum bury depth to prevent sewer pipes from freezing.  The board is proposing to amend this section by establishing a minimum bury depth of four feet and requiring a review of local building codes for determination of maximum frost depths to ensure that four feet is adequate.

 

DEQ-2, Section 33.41

 

            This section addresses the minimum slopes for gravity sewer mains.  The board is proposing to amend this section by adding recommended language from the parent document that requires sewer mains to be designed with minimum self-cleansing flow velocities.

 

DEQ-2, Section 33.42

 

            This section addresses minimum flow depths in gravity sewer mains.  The board is proposing to amend this section by adding language that clarifies the need to obtain a deviation from the department when minimum pipe slopes are not met.

 

DEQ-2, Section 33.5

 

            This section addresses curvilinear sewer mains.  The board is proposing to amend this section by adding recommended language from the parent document, which requires that curvilinear sewers must provide a minimum flow velocity of two feet per second.

 

DEQ-2, Section 33.83 a through d

 

            This section addresses pipe bedding material and placement for sewer main installation.  The board is proposing to amend this section by deleting existing language and replacing it with the pipe bedding requirements located in the Montana Public Works Standard Specifications (MPWSS) 6th edition.  Engineering consultants typically do not reference the bedding classes included in the current section, but instead reference the MPWSS for pipe bedding material requirements.  Including the bedding requirements in DEQ-2 will simplify the review process by eliminating the need to cross check against the MPWSS.

 

DEQ-2, Section 33.84

 

            This section addresses trench backfill requirements for sewer main installation.  The board is proposing to amend this section by adding language from the MPWSS that includes backfill compaction requirements depending on surface restoration needs.  Engineering consultants commonly reference the MPWSS for trench backfill requirements.  Including these requirements in DEQ-2 will simplify the review process by eliminating the need to cross check against the MPWSS.

 

DEQ-2, Section 33.92

 

            This section addresses the testing of sewer mains for leakage.  The board is proposing to amend this section by allowing video inspections on sewer mains with active service connections.  This amendment is necessary because it is not possible to conduct water or low air pressure testing on sewer mains with active service connections.

 

DEQ-2, Section 33.10

 

            The board is proposing to add this new section which addresses the use of casing pipes on sewer mains.  This information will clarify and provide consistency in the department's review of casing pipe installations.

 

DEQ-2, Section 34.1

 

            This section addresses manhole spacing on sewer mains.  The board is proposing to amend this section by requiring the town or owner, under certain circumstances, to submit documentation stating that adequate cleaning equipment is available for the proposed manhole spacing.

 

DEQ-2, Section 34.2

 

            This section addresses drop type manholes.  The board is proposing to amend this section by making the "recommended" use of a drop pipe, when sewers enter manholes at an elevation 24 inches or more above the manhole invert, a "requirement."  The use of a drop pipe is a requirement in the parent document.

 

DEQ-2, Section 34.4

 

            This section addresses the flow channel height through manholes.  The board is proposing to amend this section by making the "recommendation," that the flow channel for pipes greater than eight inches in diameter be formed to the full height of the outer sewer pipe, a "requirement."  Larger diameter pipe is utilized with higher flows.  Deeper channels will contain the flow better and prevent the deposition of solids within the manhole structure.

 

DEQ-2, Section 34.6

 

            This section addresses the watertightness of manholes.  The board is proposing to amend this section by adding recommended language from the parent document that requires manhole lift holes and grade adjustment rings to be properly sealed to prevent the infiltration of water.

 

 

DEQ-2, Section 34.7

 

            This section addresses the testing requirements for the confirmation of manhole watertightness.  The board is proposing to amend this section by adding vacuum and water testing procedures.  This amendment will provide the design engineer with better guidance on testing requirements and will indicate under which conditions testing must take place.  The vacuum testing procedure is recommended in the parent document and the water testing procedure is similar to the septic tank testing in both Circular DEQ-4 and the "San Antonio Water System Standard Specification for Construction."

 

DEQ-2, Section 35

 

            This section addresses the use of inverted siphons in sewer collection systems.  The board is proposing to amend this section by making the "recommended" use of at least two barrels for inverted siphons a "requirement."  Use of at least two barrels for inverted siphons is a requirement in the parent document.

 

DEQ-2, Section 36.11

 

            This section addresses cover depths for sewers entering or crossing streams.  The board is proposing to amend this section by requiring the engineer to conduct a scour analysis to justify the proposed burial depth.

 

DEQ-2, Section 36.21

 

            This section addresses piping material for sewers entering or crossing streams.  The board is proposing to amend this section by recommending that a casing pipe be used when crossing streams and providing additional requirements when material other than ductile iron pipe is used for stream crossings.  This amendment will provide the design engineer with better guidance and clarity of construction requirements for stream crossings and requires the use of mechanical joints or encasement in concrete to maintain alignment and improve structural integrity.

 

DEQ-2, Section 36.22

 

            This section addresses construction methods and practices for sewers entering or crossing streams.  The board is proposing to amend this section by listing the specific permits that may be required for work done in and around streams.  Adding this information will provide the design engineer with better guidance and clarity regarding which permits are needed and which regulatory agencies should be contacted.

 

 

 

DEQ-2, Section 37

 

            This section addresses aerial crossings of sewer collection systems.  The board is proposing to amend this section by making the "recommendation," that the bottom of the sewer pipe be located above the 50-year flood plain, a "requirement."  In addition adequate justification must be submitted for the use of pier structures to support sewer mains and, if sewers are to be attached to bridges, the town or owner must obtain written permission from the bridge owner.  These amendments will provide the design engineer with better guidance and clarity regarding the design requirements of aerial crossings.

 

DEQ-2, Section 38

 

            This section addresses the protection of water supplies from sewer collection systems.  The board is proposing to amend this section by making the "recommendation," that the factors listed in Circular DEQ-1 be considered in the establishment of acceptable isolation distances between water and sewer mains, a "requirement."

 

DEQ-2, Section 38.2

 

            This section addresses the setback distances of sewer mains from water works structures.  In addition to the 100-foot separation from public water supply wells, the board is proposing to amend this section by requiring a 50-foot separation between sewer mains and all other wells.  This amendment is necessary to provide consistency with ARM 17.36.323 regarding horizontal setback distances.  In addition, language has been added requiring documentation from the operating authority of the collection system stating that all waterworks units, within 100 feet of the proposed sewer main alignment, have been identified and are shown on the plans.  The way the standard is currently written, it is hard to know if there are no waterworks units in the area or if the engineer simply overlooked it.  Adding this language will ensure that these setback distances are not overlooked on any project.

 

DEQ-2, Section 38.31

 

            This section addresses the horizontal separation of water and sewer mains.  The board is proposing to amend this section by deleting parts (a) and (b) of the existing language and replacing it with the recommended language from the parent document requiring that sewers be constructed in compliance with public water supply standards and pressure tested to 150 psi to assure watertightness.

 

DEQ-2, Section 38.32

 

            This section addresses the vertical separation of water and sewer mains.  The board is proposing to amend this section by deleting parts (b) and (d) of the existing language and replacing it with the recommended language from the parent document requiring that sewers be constructed in compliance with public water supply standards and pressure tested to 150 psi to assure watertightness.  The amendment also allows a minimum separation of six inches provided that flowable fill, or a watertight carrier pipe, that extends ten feet on both sides of the pipe crossing is used.  This amendment eliminates the need for submittal of a deviation when the 18-inch separation could not be met, which will save time during the review process.

 

DEQ-2, Section 39

 

            This section requires the conformance of service connections with local and state plumbing codes.  The board is proposing to amend this section by updating the ARM reference number that incorporates by reference the uniform plumbing code.

 

DEQ-2, Section 42.22

 

            This section addresses equipment removal from pumping stations.  The board is proposing to amend this section by adding recommended language from the parent document that requires the pumping station to remain operational when an individual pump is removed for maintenance.

 

DEQ-2, Section 42.231

 

            This section addresses access by personnel into pumping stations.  The board is proposing to amend this section by reorganizing its content to provide better clarity.

 

DEQ-2, Section 42.24

 

            This section addresses the buoyancy of pumping stations due to ground water.  The board is proposing to amend this section by requiring the submittal of buoyancy calculations to the department when the potential for high ground water exists.  This amendment will ensure proper design to protect the structure from potential floatation.

 

DEQ-2, Section 42.321

 

            This section addresses bar racks for pumping stations.  The board is proposing to amend this section by adding recommended language from the parent document that references other sections that must be considered in the design of bar racks in pumping stations.

 

DEQ-2, Section 42.33

 

            This section addresses pump opening sizes.  The board is proposing to amend this section by adding language that allows smaller pump openings and allows the passing of smaller spheres for grinder pumps.  The current standard does not take into consideration smaller piping diameters permissible with grinder pumps.  This amendment will allow the use of grinder pumps without the need to obtain a deviation from the department regarding pump openings, which will simplify the review process.

 

DEQ-2, Section 42.36

 

            This section addresses pump intakes.  The board is proposing to amend this section by making the "recommendation," that each pump have its own intake, a "requirement."  Each pump having its own intake is a requirement in the parent document.

 

DEQ-2, Section 42.4

 

            This section addresses pump controls for pumping stations.  The board is proposing to amend this section by adding recommended language from the parent document requiring dual air compressors for bubbler control systems and the alternation of pumps daily, instead of each cycle, for suction lift stations.

 

DEQ-2, Section 42.52

 

            This section addresses check valve placement requirements for pumps.  The board is proposing to amend this section by adding language that allows swing and flexible disk check valves to be located on a vertical run of pipe.  Allowing these check valves to be installed in the vertical run will prevent the need for the submittal of a commonly approved deviation and simplify the review process.

 

DEQ-2, Section 42.62

 

            This section addresses sizing of wet wells for pumping stations.  The board is proposing to amend this section by adding language that recommends wet wells be designed with the flexibility to accommodate phased growth.  In addition, an equation has been added to calculate the wet wells "active" volume.  These amendments will ensure that the value added by the improvements is optimized and will provide the design and review engineers with information to confirm wet well sizing. The wet well volume equation is recommended in the State of Washington Department of Ecology document entitled "Criteria for Sewage Works Design" (2008 edition).

 

DEQ-2, Section 42.73

 

            This section addresses electrical controls for pumping stations.  The board is proposing to amend this section by adding recommended language from the parent document that recommends an automatic increase in ventilation rates whenever hazardous concentrations of gases or vapors are detected.

 

 DEQ-2, Section 42.74

 

            This section addresses pumping station electrical equipment.  The board is proposing to amend this section by adding recommended language from the parent document, which requires that all electrical equipment in the lift station be installed in accordance with the National Electrical Code for Class 1, Division 1, Group D locations.

 

DEQ-2, Section 42.75

 

            This section addresses ventilation requirements in pumping station wet wells.  The board is proposing to amend this section by adding recommended language from the parent document, which requires that the air used for ventilation be 100 percent fresh.

 

DEQ-2, Section 42.76

 

            This section addresses ventilation requirements in pumping station dry wells. The board is proposing to amend this section by adding recommended language from the parent document, which requires that the air used for ventilation be 100 percent fresh.

 

DEQ-2, Section 43

 

            This section addresses suction lift pumping stations.  The board is proposing to amend this section by adding language from Section 43.1 for clarity.

 

DEQ-2, Section 43.2

 

            This section addresses pumping equipment compartment location and wet well access for suction lift pumping stations.  The board is proposing to relocate information from existing Section 43.1 and to create a new section for clarity.

 

DEQ-2, Section 44.32

 

            This section addresses electrical controls for submersible lift stations.  The board is proposing to amend this section by adding recommended language from the parent document, which requires that electrical controls located outside be housed in a weatherproof structure.

 

DEQ-2, Section 44.4

 

            This section addresses the location of valves for submersible lift stations.  The board is proposing to amend this section by adding recommended language from the parent document, which requires that provisions be made to drain or remove accumulated water in the valve chamber.

 

DEQ-2, Section 45 through 45.3

 

            These sections address the minimum design requirements for screw pump stations.  The board is proposing to add information that addresses covers, the isolation of pump wells, and bearing lubrication using recommended language from the parent document.

 

DEQ-2, Section 46

 

            This section addresses alarm systems for lift stations.  The board is proposing to amend this section by adding recommended language from the parent document, which requires a back-up power supply for the alarm system and identification of the alarm condition.  In addition, a requirement was added requiring thermal and moisture sensors on submersible pumps.  This requirement was added for compliance with Section 44.1, which requires an effective method to detect seal failure.

 

DEQ-2, Section 47.2

 

            This section addresses emergency pumping capability for lift stations.  The board is proposing to amend this section by making the "recommendation," that a riser be provided on the force main to hook up a portable pump, a "requirement."  Having a riser on the force main to hook up a portable pump is a requirement in the parent document.  In addition, language has been added requiring that a separate portable pump or generator is to be provided for each lift station within the community to ensure that the community's entire collection system remains functional during extended power outages.

 

DEQ-2, Section 47.3

 

            This section addresses emergency storage requirements for lift stations.  The board is proposing to amend this section by adding language that recommends one hour of emergency storage be provided for lift stations, but also provides the department with the flexibility to alter the storage requirements based on site specific conditions.  This amendment is necessary to provide the design engineer with sizing guidance.

 

DEQ-2, Section 47.44

 

            This section addresses utility substations for emergency power to pumping stations.  The board is proposing to add this new section that requires each independent substation to be capable of operating the pump station at its rated capacity.  This amendment is a requirement in the parent document.

 

DEQ-2, Section 49.1

 

            This section addresses force main diameters and velocities.  The board is proposing to amend this section by adding language that requires force mains that serve grinder pumps to be designed with a minimum velocity of two feet per second and a minimum diameter of 1.5 inches.  In addition, language was added to limit the force main velocity to less than eight feet per second.  This amendment is necessary to provide the design engineer with force main sizing guidance.  Limiting force main velocities is a requirement in the State of Washington Department of Ecology document entitled "Criteria for Sewage Works Design" (2008 edition).

 

DEQ-2, Section 49.3

 

            This section addresses the termination of force mains in a manhole.  The board is proposing to amend this section by adding recommended language from the parent document that requires corrosion protection of the manhole.

 

DEQ-2, Section 49.4

 

            This section addresses pressure changes in force mains.  The board is proposing to amend this section by specifying that the use of surge protection devices must be evaluated to protect the force main.  This amendment is a requirement in the parent document.

 

DEQ-2, Section 49.71

 

            This section addresses friction coefficients used in the Hazen-Williams equation to calculate pump flows.  The board is proposing to amend this section by requiring the design engineer to consider both new pipe and old pipe flow conditions and to consider how the higher discharge rates with the new piping will impact the pumps and downstream facilities.

 

DEQ-2, Section 49.10

 

            This section addresses maintenance considerations for force mains.  The board is proposing to amend this section by requiring isolation valves where force mains connect to a common force main and recommending the installation of cleanout ports for pig launching and catching.  These amendments are based on recommendations in the parent document.

 

DEQ-2, Section 51.1

 

            This section addresses general considerations for the siting of wastewater treatment facilities.  The board is proposing to amend this section by requiring, in addition to considering nondegradation requirements, that consideration be given to future requirements from the development of TMDLs or compliance with water quality standards when selecting a site, to ensure that adequate space exists for future facilities that may be required to provide increased levels of treatment.  This amendment is necessary to ensure that a comprehensive evaluation is made of future compliance issues.

DEQ-2, Section 52

 

            This section addresses the need for wastewater facilities to provide the necessary degree of treatment to meet water quality standards established by the state.  The board is proposing to add language encouraging the design engineer to consider future permit requirements that are related specifically to the implementation of TMDLs, new water quality standards, and the state's nondegradation policy.

 

DEQ-2, Section 53.8

 

            This section addresses the evaluation of pumps at wastewater treatment facilities.  The board is proposing to add this section to ensure that a thorough evaluation of major pumps or key unit processes has been made by the design engineer.

 

DEQ-2, Section 54.1

 

            This section addresses the installation of mechanical equipment at wastewater treatment facilities.  The board is proposing to amend this section by making the "recommendation," that the installation and initial operation of major items of mechanical equipment be inspected and approved by a representative of the manufacturer, a "requirement."  This amendment is necessary to ensure that new equipment is installed and operating correctly.

 

DEQ-2, Section 54.21

 

            This section addresses bypass structures and piping at wastewater treatment facilities.  The board is proposing to amend this section by adding language that requires the capability to manually operate all bypasses and recommending that a fixed high water level bypass overflow be provided.  These amendments are recommended in the parent document.

 

DEQ-2, Section 54.5

 

            This section addresses the hydraulic testing of water bearing units.  The board is proposing to add this section to require that all water bearing structures be hydraulically tested and to establish leakage standards.  The leakage standards are based on recommendations developed by the American Concrete Institute Committee 350 and the American Water Works Association Committee 400, as presented in the joint subcommittee report entitled "Testing Reinforced Concrete Structures for Watertightness."  This amendment is necessary to establish standardized criteria for testing the watertightness of concrete structures.

 

DEQ-2, Section 54.6

 

            This section addresses the use of paint to color-code piping in wastewater treatment facilities to facilitate identification.  The board is proposing to amend this section by making the "recommendation," that the use of mercury or lead in paint be avoided, a "requirement" due to health concerns associated with mercury and lead.  In addition, the existing language was altered making color-coding of pipelines a requirement for all plants, not just a recommendation for large facilities.  The operation of all facilities is enhanced by having piping that is readily identifiable.  Three colors and their associated piping contents were added based on recommendations from the parent document.

 

DEQ-2, Section 54.8

 

            This section addresses erosion control at wastewater treatment facilities during construction.  The board is proposing to amend this section by adding clarifying language that specifically states that a dewatering or storm water permit may be required.

 

DEQ-2, Section 56.22

 

            This section addresses the direct connections of potable water piping and sewer connected wastes.  The board is proposing to amend this section by adding language that requires a backflow prevention assembly be used on any potable water line that serves a wastewater treatment facility and adding language that directly references cross-connection requirements, as provided in state rules governing cross-connections and the Uniform Plumbing Code.  These amendments will ensure that the potable water supply is adequately protected.

 

DEQ-2, Section 56.23

 

            This section addresses the indirect connections of potable water piping and sewer connected wastes.  The board is proposing to amend this section by adding clarifying language for the usage of backflow devices and includes requirements where air gaps are used.  The air gap requirements are based on the Technical Brief entitled "Cross Connection and Backflow Prevention" published by the National Drinking Water Clearinghouse (2004 edition).

 

DEQ-2, Section 56.24

 

            This section addresses the use of an individual well to provide potable water to a wastewater treatment facility.  The board is proposing to amend this section by making the "recommendation," that the well be constructed in accordance with Circular DEQ-3 and the Montana Board of Water Well Contractor's rules, a "requirement."

 

DEQ-2, Section 56.7

 

            This section addresses composite sampling equipment for influent and effluent flows.  The board is proposing to amend this section by requiring the sampling point to be located prior to any process return flows.  This amendment is based on a recommendation in the parent document.

 

DEQ-2, Section 57.1

 

            This section addresses safety equipment for wastewater facilities.  The board is proposing to amend this section by recommending that OSHA and the Montana Department of Labor and Industry Safety Bureau be contacted for any additional safety considerations that may be implemented for the protection of visitors and workers to the treatment facility.  In addition, language has been added requiring suitable lighting be provided for all access and work areas.  These amendments will promote operator and visitor safety and assist with maintenance activities.  Finally, vector control was added to the list of safety provisions.  This amendment is recommended in the parent document.

 

DEQ-2, Section 57.27

 

            This section addresses protective clothing and equipment for wastewater system personnel.  The board is proposing to amend this section by requiring that UV light safety goggles and rubber gloves be provided to operations personnel for facilities that use UV disinfection systems and that masks be provided in areas where exposure to aerosols and sprays may occur.  These amendments are necessary to provide further protection to operations personnel.

 

DEQ-2, Section 57.30

 

            This section addresses eyewash devices and safety showers.  The board is proposing to add this new section to clarify where the safety devices must be located within the facility.  In addition, the new section specifies the discharge pressure, capacities, and water temperature that must be provided to the eyewash devices and safety showers.  These amendments are required in the parent document.

 

DEQ-2, Section 58.341

 

            This section addresses fume hood design considerations for Category II laboratories.  The board is proposing to amend this section by recommending that the air intake for the laboratory be balanced against all exhaust ventilation, including the fume hood, so that an overall positive pressure is maintained in the laboratory.  This amendment is recommended in the parent document.

 

DEQ-2, Section 58.38

 

            This section addresses safety equipment and considerations for Category II laboratories.  The board is proposing to amend this section by deleting information that covers eyewash devices and safety showers, as this information is already covered in Section 57.30.

 

DEQ-2, Section 58.41

 

            This section addresses siting, space requirements, and the layout for Category III laboratories.  The board is proposing to amend this section by recommending that analytical and storage areas are isolated from sources of contamination.  In addition, language has been added requiring adequate security for storage areas and that provisions are made for the storage and disposal of chemical wastes.  These amendments are based on recommendations and requirements in the parent document.

 

DEQ-2, Section 58.44

 

            This section addresses the location, design, materials, fixtures, and exhaust considerations for fume hoods and canopy hoods in Category III laboratories.  The board is proposing to amend this section by making many of the "recommendations" in the current text "requirements."  A category III laboratory is typically used at more complex systems when a high level of sampling is required.  These amendments will result in an improved working environment and will promote laboratory technician safety.

 

DEQ-2, Section 58.49

 

            This section addresses safety equipment and considerations for Category III laboratories.  The board is proposing to amend this section by deleting information that covers eyewash devices and safety showers, as this information is already covered in Section 57.30.

 

DEQ-2, Section 61.129

 

            This section addresses the removal and cleaning of screening material.  The board is proposing to amend this section by adding clarifying language that requires washing of the screening material for devices with an opening of 0.5 inch or less.  This amendment is necessary as these screens tend to also screen out a significant amount of organic material, which can result in the generation of odors.  Washing the screening material will return much of the organic material back to the influent flow stream for treatment in the facility and reduce odors in the headworks building.

 

DEQ-2, Section 61.130

 

            This section addresses the construction material for bar racks.  The board is proposing to add this new section to specify what materials are acceptable for use in the construction of bar racks due to the corrosive environment.

 

DEQ-2, Section 61.16

 

            This section addresses the cleaning needs for facilities that use coarse screens.  The board is proposing to add this new section to require that hosing equipment be provided for cleaning.  The parent document has the same requirement for fine screen facilities.

 

DEQ-2, Section 61.21

 

            This section addresses the use of fine screens in wastewater treatment facilities.  The board is proposing to amend this section by adding clarifying language that lists the various types of screens that can be used and by requiring automated washing of screening material for all fine screens.  This amendment is necessary because fine screens tend to also screen out a significant amount of organic material, which can result in the generation of odors.  Washing the screening material will return much of the organic material back to the influent flow stream for treatment in the facility and reduce odors in the headworks building.

 

DEQ-2, Section 61.22

 

            This section addresses the design and installation of fine screens.  The board is proposing to amend this section by adding language that allows the manufacturer of the fine screen to determine if a coarse screen should precede the fine screen.  The cleaning strategies and mechanism of present-day fine screens does not necessitate the need for coarse screens.

 

DEQ-2, Section 61.25

 

            This section addresses the use of hoods on fine screens.  The board is proposing to add this new section requiring that fine screens be equipped with hoods to contain any aerosols and spray from the backwash system.  This amendment is necessary for operator safety and to prevent the floor from becoming wet and slippery.

 

DEQ-2, Section 62.2

 

            This section addresses considerations for the use of comminutors and grinders in wastewater treatment.  The board is proposing to amend this section by adding clarifying language indicating that accumulation of stringy material, from use of these devices, may require special design considerations to protect equipment in downstream unit processes, as well as result in additional operation and maintenance activities for operations.

 

DEQ-2, Section 63.3

 

            This section addresses design parameters for grit removal facilities.  The board is proposing to amend this section by adding clarifying language that defines what flow designates a small treatment system and providing recommended design parameters for aerated grit chambers and horizontal grit chambers.  The values reported were obtained from a document entitled, "Wastewater Engineering Treatment and Reuse," by Metcalf & Eddy (4th edition).

DEQ-2, Section 65.2

 

            This section addresses the location of flow equalization basins.  The board is proposing to amend this section by making the current "recommendation," that equalization basins be located downstream of pretreatment facilities, a "requirement."  Flow equalization is typically used for mechanical treatment facilities that are also equipped with screening devices.  Requiring this layout will prevent the excessive accumulation of solids in the equalization basin, making maintenance of the system easier for the operator.

 

DEQ-2, Section 65.51

 

            This section addresses mixing and draw-off piping in flow equalization basins. The board is proposing to amend this section by making the current "recommendation," that corner fillets and hopper bottoms be used in equalization basins, a "requirement."  A hopper bottom provides the most efficient means for the removal of any solids that settle out and will simplify maintenance activities associated with the equalization basin.

 

DEQ-2, Section 71.2

 

            This section addresses flow distribution and control for clarifiers.  The board is proposing to add language that prevents the use of valves for flow proportioning.  This amendment is necessary because valves are more susceptible to plugging.  In addition, since they are submerged, a visual confirmation to assess if flows are being evenly split between multiple units cannot be made.  This can lead to flow imbalances resulting in overloading to individual tanks.

 

DEQ-2, Section 72.1

 

            This section addresses clarifier dimensions.  The board is proposing to amend this section by increasing the minimum side water depth for primary clarifiers from seven to ten feet.  This amendment is recommended in the parent document.  In addition, clarifying language has been added recommending that a minimum side wall depth of 16 feet be used to meet stringent phosphorous or total suspended solid limits (TSS).  The increased depth will provide increased settling and improve the removal of particles.  The 16-foot side water depth is based on values reported in a document entitled "Wastewater Engineering Treatment and Reuse," by Metcalf & Eddy (4th edition).

 

DEQ-2, Section 72.21

 

            This section addresses surface overflow rates for primary and intermediate settling tanks.  The board is proposing to amend this section by recommending a maximum detention time of 2.5 hours in the primary settling tank.  This value was obtained from a document entitled "Wastewater Engineering Treatment and Reuse," by Metcalf & Eddy (4th edition).  The board is also proposing to amend this section by adding recommended language from the parent document that addresses surface overflow rates for intermediate settling tanks.

 

DEQ-2, Section 72.8

 

            This section addresses the use of baffles in settling basins.  The board is proposing to add this new section recommending that baffles be utilized in settling basins for systems that must meet stringent phosphorous or TSS limits.  The baffles prevent short-circuiting caused by density currents resulting in improved treatment.

 

DEQ-2, Section 73.2

 

            This section addresses sludge collection and removal from clarifiers.  The board is proposing to amend this section by adding language from the parent document that recommends suction withdrawal from clarifiers over 60 feet in diameter and for activated sludge facilities that nitrify.

 

DEQ-2, Section 72.23

 

            This section addresses sludge removal piping diameters.  The board is proposing to amend this section by allowing sequencing batch reactors and membrane bioreactor plants to have sludge removal piping that is four inches in diameter.  This amendment is consistent with the manufacturer's recommendations for these types of facilities.  In addition, language was added requiring that provisions be made that allow for the return sludge to be sampled, which will enhance operability of the plant.

 

DEQ-2, Section 73.24

 

            This section addresses sludge removal from clarifiers.  The board is proposing to amend this section by discouraging the use of air-lift pumps for secondary sludge removal where stringent TSS or phosphorous limits are required.  Air-lift pumps lack the capability of providing a wide range of flow control limiting the operability of the clarifier and the operator's ability to optimize unit process performance.

 

DEQ-2, Section 74.4

 

            This section addresses the use of covers on final settling basins to prevent them from freezing.  The board is proposing to amend this section by adding language that recommends nitrogen removal facilities consider covering their final settling basins, which have been shown to be prone to freezing in some parts of the state.

 

DEQ-2, Section 81

 

            This section addresses facilities for sludge processing at mechanical treatment plants.  The board is proposing to amend this section by adding recommended language from the parent document requiring that the department be contacted if any sludge processing system is being considered that is not covered by these standards, to ensure that state and federal sludge disposal requirements can be met.

 

DEQ-2, Section 82

 

            This section provides key considerations in the selection of sludge handling processes.  The board is proposing to amend this section by adding clarifying language that discusses the importance of time and temperature to meet pathogen and vector attraction reduction in accordance with regulations for sludge stabilization provided in 40 CFR Part 503.  This amendment is recommended in the parent document.

 

DEQ-2, Section 84.132

 

            This section addresses the installation of access manholes on the top of anaerobic digesters.  The board is proposing to amend this section by adding clarifying language from the parent document that recommends the access manholes have a 30-inch diameter.

 

DEQ-2, Section 84.31

 

            This section addresses the design of the anaerobic digester tank capacity.  The board is proposing to amend this section by adding clarifying language from the parent document that requires consideration of the solids retention time at peak loadings in the determination of tank capacity.  The board is also proposing to amend this section by making the "recommendation," that tank sizing design calculations be submitted to the department, a "requirement."

 

DEQ-2, Section 84.45

 

            This section addresses the installation of electrical equipment associated with anaerobic digester appurtenances.  The board is proposing to amend this section by changing the electrical requirement from Class I, Division 2 to Class I, Division 1.  This amendment is required in the parent document.

 

DEQ-2, Section 84.47

 

            This section addresses ventilation requirements for areas that contain anaerobic digester appurtenances and digester gas piping.  The board is proposing to amend this section by adding recommended language from the parent document that requires at least 12 complete air changes per hour, on a continuous basis, for areas designated Class I, Division 2.

 

 

DEQ-2, Section 84.531

 

            This section addresses heating requirements for anaerobic digesters.  The board is proposing to amend this section by adding clarifying language from the parent document that recommends an operating temperature range of 85° to 100 °F for the optimization of mesophilic digestion.

 

DEQ-2, Section 84.542

 

            This section addresses the use of boilers to heat sludge in anaerobic digesters.   The board is proposing to amend this section by making the "recommendation," that boiler controls be automatic, a "requirement."  Automatic controls will enhance operator safety and optimize system performance.

 

DEQ-2, Section 84.7

 

            This section addresses anaerobic digestion sludge production.  The board is proposing to add this new section by removing information from existing DEQ-2, Section 88.11, which covered anaerobic solids production values based on the treatment process and population equivalents, and inserting that information into new Section 84.7.

 

DEQ-2, Section 85.4

 

            This section addresses mixing equipment in aerobic digesters.  The board is proposing to amend this section by including a minimum mixing energy requirement of 0.75 Hp/1000 ft3 of digester capacity for mechanical mixing equipment.  This value was obtained from a document entitled "Wastewater Engineering Treatment and Reuse" by Metcalf & Eddy (4th edition).

 

DEQ-2, Section 85.8

 

            This section addresses aerobic digestion sludge production.  The board is proposing to add this new section by removing information from existing DEQ-2, Section 88.12, which covered aerobic solids production values based on the treatment process and population equivalents, and inserting that information into new Section 85.8.

 

DEQ-2, Section 86.3

 

            This section addresses odor control from sludge storage tanks.  The board is proposing to amend the section by deleting the sentence that states:  "The reviewing authority should be contacted for design and air pollution control objectives to be met for various types of air scrubber units."  The department does not have design standards for air scrubber units.

 

DEQ-2, Section 87.23

 

            This section addresses piping supports located in digestion tanks.  The board is proposing to amend this section by stressing the importance of designing the piping support system to withstand the corrosive environment of the digestion tank.

 

DEQ-2, Section 88.1

 

            This section addresses sludge dewatering.  The board is proposing to amend the section by deleting information that pertains to aerobic and anaerobic solids production values.  The deleted information is being relocated to sections 84.7 and 85.8.

 

DEQ-2, Section 88.3

 

            This section addresses the use of ponds as sludge dewatering units.  The board is proposing to amend the section by deleting the information related to sludge dewatering and relocating it to Section 89.2, which addresses sludge storage ponds.  This revision is recommended in the parent document.

 

DEQ-2, Section 88.32

 

            This section addresses protection of the water supply in mechanical dewatering facilities.  The board is proposing to add this new section by adding recommended language from the parent document that requires the water system to be designed in accordance with Section 56.23 (Indirect Connections) of DEQ-2.  This amendment will ensure that the water supply remains adequately protected from contamination.

 

DEQ-2, Section 89.22

 

            This section addresses the location of ponds for sludge storage.  The board is proposing to add language that requires a minimum separation of 500 feet between water wells and sludge storage ponds.  This separation distance is required by a provision in state water quality laws at 75-5-605, MCA.

 

DEQ-2, Section 89.23

 

            This section addresses the seal of ponds used for sludge storage.  The board is proposing to add language that requires the test results from the leakage test be submitted to the department for approval.  This will ensure that the leakage meets department standards.

 

DEQ-2, Section 89.25

 

            This section addresses the use of ponds for sludge storage.  The board is proposing to add this new section by adding recommended language from the parent document that requires that the pond be equipped with a method of decanting and for supernatant to be returned to the treatment process.

 

DEQ-2, Section 89.31

 

            This section addresses the disposal of sludge.  The board is proposing to add this new section by adding recommended language from the parent document that requires drainage facilities at sludge vehicle transfer stations to collect and return any spillage or washdown material to the treatment plant or sludge storage facility.

 

DEQ-2, Section 89.32

 

            This section addresses the disposal of sludge via sanitary landfilling.  The board is proposing to amend this section by adding language that explains that sludges typically must pass a Toxicity Characteristic Leaching Procedure (TCLP) test for disposal in a landfill.  In addition, language has been added requiring documentation from the operating authority of the landfill stating that they are licensed and willing to accept sewage sludge.

 

DEQ-2, Section 89.33

 

            This section addresses the disposal of sludge via land application.  The board is proposing to amend this section by adding recommended language from the parent document that lists several design considerations for the proper disposal of sludge at a land application site.  Clarifying language was also added stating that a sludge disposal permit from the U.S. Environmental Protection Agency (EPA), along with department approval, is required for the land application of sludge.

 

DEQ-2, Section 91.211

 

            This section addresses the wastewater distribution system in trickling filters.  The board is proposing to amend this section by adding recommended language from the parent document that adds design considerations for rotary distributors and motor driven distributor arms.

 

DEQ-2, Section 92.12

 

            This section addresses the use of activated sludge for wastewater treatment.  The board is proposing to amend the section by deleting information that pertains to sequencing batch reactors.  Design considerations for sequencing batch reactors are addressed in Section 96.

 

DEQ-2, Section 92.2

 

            This section addresses the pretreatment of wastewater for activated sludge facilities.  The board is proposing to amend this section by adding recommended language from the parent document that requires screening devices, with a clear opening of 1/4-inch or less, to be provided prior to the activated sludge process.

 

DEQ-2, Section 92.31

 

            This section addresses capacities and permissible loadings in activated sludge facilities.  The board is proposing to amend this section by adding clarifying language that references Section 95.31 for the design of systems that incorporate nitrification into the treatment process.

 

DEQ-2, Section 92.32 b

 

            This section addresses short-circuiting trough small aeration tanks at activated sludge plants.  The board is proposing to amend this section by requiring that tanks be designed with a means of positive control.  This requirement prevents short-circuiting through the tank.

 

DEQ-2, Section 92.331

 

            This section addresses the general requirements associated with the oxygen demand at activated sludge plants.  The board is proposing to amend this section by adding clarifying language that requires, in addition to the maximum diurnal organic loading, that the diurnal peak TKN loading be taken into account for nitrogen removal plants.  Furthermore a reference is included directing the design engineer to Section 95.31 for additional nitrification design considerations.

 

DEQ-2, Section 92.41

 

            This section addresses return sludge rates for activated sludge facilities.  The board is proposing to amend this section by adding recommended language from the parent document that includes minimum and maximum return sludge rates for step aeration, complete mix, and single stage nitrification processes, and requiring design flexibility that enables operation in various process modes.  In addition, return sludge rates for Biological Nutrient Removal treatment processes have been added.  The range of 70% to 120% is supported by information from the Water Environment Federation (WEF) in a document entitled "Design of Municipal Wastewater Treatment Plants" (4th edition) and from a seminar entitled "Basics of Biological Nutrient Removal" presented to department staff by Dr. Bill Oldham in February 2009.

 

DEQ-2, Section 92.5

 

            This section addresses flow measuring devices for various unit processes.  The board is proposing to amend this section by making the "recommendation," that flow rate measuring devices be installed for various unit processes, a "requirement."  This amendment will ensure that the design is not limiting the operator's ability to optimize unit process performance.

 

DEQ-2, Section 93.26

 

            This section addresses the separation distance between water wells and wastewater treatment ponds.  The board is proposing to add this new section that requires a minimum separation of 500 feet between water wells and wastewater treatment ponds.  This separation distance is required by a provision in state water quality laws at 75-5-605, MCA.  Language is also included that directs the design engineer to Section B.6 for the separation requirements for storage ponds.

 

DEQ-2, Section 93.34

 

            This section addresses the number of treatment cells and piping requirements for treatment ponds.  The board is proposing to amend this section by making the "recommendation," that piping flexibility be incorporated into the design to allow for isolation of a treatment cell or splitting the flow to two or more cells, a "requirement".  Piping flexibility is essential for providing adequate treatment under different operational scenarios.

 

DEQ-2, Section 93.341

 

            This section addresses controlled discharge facultative treatment lagoon system design considerations.  The board is proposing to delete this section as this information is included in Table 93-1, entitled "Facultative Pond Design Criteria."

 

DEQ-2, Section 93.342

 

            This section addresses flow through facultative treatment lagoon system design considerations.  The board is proposing to delete this section as this information is included in Table 93-1, entitled "Facultative Pond Design Criteria."

 

DEQ-2, Section 93.36

 

            This section addresses design criteria for facultative ponds.  The board is proposing to amend this section by changing the minimum operating depth of storage cells from two feet to one foot for land application and total retention systems.  This amendment is necessary so the minimum operating level in Table 93-1 is in agreement with Note 2 of the Table, which states the detention time for storage lagoons can be based on the volume between one foot and the maximum operating depth.  In addition, the board is proposing to amend the minimum operating depth of the primary cell for total retention systems from two feet to four feet.  Since total retention systems are typically utilized in smaller communities with lower flows, this amendment will ensure that the primary cell is not oversized and is able to maintain an adequate depth of water, especially during system start-up, to keep the sludge covered, minimize odors, and provide better treatment.

 

 DEQ-2, Section 93.411

 

            This section addresses pond embankment or dike construction.  The board is proposing to amend this section by deleting the reference to the Standard Proctor Density and instead referencing AASHTO T99 and ASTM D698 for compaction requirements.  Referencing AASHTO T99 and ASTM D698 is consistent with the compaction methods cited in the revised Section 33.83 of DEQ-2,which relies on the standards and methods in the document entitled "Montana Public Works Standard Specifications (MPWSS)" (6th edition).

 

DEQ-2, Section 93.415

 

            This section addresses freeboard depths for wastewater treatment pond systems.  The board is proposing to amend this section by adding clarifying language that defines a small treatment system as being 25,000 gallons per day or less.

 

DEQ-2, Section 93.416 b

 

            This section addresses the use of riprap on the interior slopes of pond embankments for erosion control.  The board is proposing to amend this section by deleting the sentence that allows for riprap to be limited only to interior dikes receiving prevailing winds.  Previous projects have shown that, where limited riprap has been allowed, erosion still occurs on the interior slopes at the water line and from rain and snowmelt around the entire pond, regardless of wind direction.

 

DEQ-2, Section 93.421

 

            This section addresses pond bottom construction.  The board is proposing to amend this section by deleting the reference to the Standard Proctor Density and instead referencing AASHTO T99 and ASTM D698 for compaction requirements.  Referencing AASHTO T99 and ASTM D698 is consistent with the compaction methods cited in the revised Sections 93.411 and 33.83 of DEQ-2, which rely on the standards and methods in the document entitled "Montana Public Works Standard Specifications (MPWSS)" (6th edition).

 

DEQ-2, Section 93.422

 

            This section addresses pond seal leakage requirements.  The board is proposing to amend this section by adding language that clarifies the leakage allowances, testing duration, and testing protocol for pond liners.  This amendment is necessary to ensure that the leakage test is included in the specifications for review and approval by the department.  In addition, language from the parent document was added that clarified the testing of soil and bentonite liners.

 

 DEQ-2, Section 93.434

 

            This section addresses the placement of influent lines in treatment ponds.  The board is proposing to amend this section by adding clarifying language that the influent line must be located above the required sludge storage depth.  This will ensure that flow into the treatment pond does not become obstructed.

 

DEQ-2, Section 93.442 a 3

 

            This section addresses drawdown structure design for irrigation storage ponds.  The board is proposing to add this new section that allows the bottom pipe for land application systems to be located one foot above the pond bottom.  Adding this design standard will provide consistency with the allowable operating range proposed in Table 93-1 for land application systems.

 

DEQ-2, Section 93.442 a 4

 

            This section addresses piping requirements for cell bypass.  The board is proposing to amend this section by deleting the language associated with cell bypass requirements as this information is already included in Section 93.34.

 

DEQ-2, Section 95

 

            A provision in this section allows department approval for other biological processes not covered in DEQ-2.  The board is proposing to relocate this information from existing Section 95 to new Section 98.

 

DEQ-2, Section 95

 

            The information in this section addresses design standards for Biological Nutrient Removal (BNR) wastewater treatment systems.  The board is proposing to add new information in Section 95 to ensure that key design components and requirements for the biological removal of phosphorus and nitrogen are addressed in the design of BNR facilities to optimize treatment and operability.  The board finds that the inclusion of this new information in DEQ-2 is necessary so that owners and operators of public sewage systems have the necessary design standards for installing BNR treatment as a means to meet future permit limits for phosphorus and nitrogen.

            The design standards proposed for inclusion in this section are supported by information from the following documents and seminars:  (1)  Water Environment Federation's (WEF) "Design of Municipal Wastewater Treatment Plants" (4th edition); (2)  WEF's Manual of Practice No.34 entitled "Nutrient Removal"; (3)  "Biological Nutrient Removal in Advanced Wastewater Treatment Plants:  Design and Operational Considerations," a seminar presented to department staff by Glen Daigger (May 2011); (4)  "Phosphorus Removal - Tips for Operators, Trainers, and Design Engineers," a WEF Webcast (June 2011); (5)  "Biological Nutrient Removal," a seminar presented to department staff by Ron Schuyler (June 2011); (6) "Basics of Biological Nutrient Removal," a seminar presented to department staff by Dr. Bill Oldham (February 2009); (7)  "Improving Performance of Biological Wastewater Treatment Systems," an METC sponsored course (August 2008); (8)  "2009 Nutrient Removal Conference," a WEF sponsored course; and (9)  "2007 Nutrient Removal Conference," a WEF sponsored course.

 

DEQ-2, Section 96

 

            This section addresses design standards for Sequencing Batch Reactor (SBR) wastewater treatment systems.  The board is proposing to add this new section to DEQ-2 to ensure that key design components and requirements are addressed in the design of SBR facilities to optimize treatment and operability.  The board finds that the inclusion of this new information in DEQ-2 is necessary so that owners and operators of public sewage systems have the necessary design standards for installing SBR treatment as a means to meet future permit limits for nitrogen and phosphorus.

            The design standards proposed for inclusion in this section are supported by information from:  (1)  the parent document; (2)  WEF's document entitled "Design of Municipal Wastewater Treatment Plants" (4th edition); (3)  Texas Commission on Environmental Quality's "Chapter 217 - Design Criteria for Domestic Wastewater Systems"; (4)  "Aqua SBR Design Manual"; and (5)  State of Washington Department of Ecology's "Criteria for Sewage Works Design" (2008 edition).

 

DEQ-2, Section 97

 

            This section addresses design standards for Membrane Bioreactors (MBR) wastewater treatment systems.  The board is proposing to add this new section to ensure that key design components and requirements are addressed in the design of MBR facilities to optimize treatment and operability.  The board finds that the inclusion of this new information in DEQ-2 is necessary so that owners and operators of public sewage systems have the necessary design standards for installing MBR treatment as a means to meet future permit limits for nitrogen and phosphorus.

            The design standards proposed for inclusion in this section are supported by information from the State of Washington Department of Ecology's document entitled "Criteria for Sewage Works Design" (2008 edition) and the "2008 Membrane Technology," which is a WEF sponsored course.

 

DEQ-2, Section 98

 

            This section addresses approval for other biological processes not covered in DEQ-2.  This new section refers the reader to Section 53.2, which contains the requirements for approval and use of innovative technologies not covered in DEQ-2.

 

DEQ-2, Section 102.2

 

            This section addresses chlorine dosages.  The board is proposing to amend this section by adding dosage requirements for lagoon facilities and changing trickling films to fixed films, which is a more general term and includes rotating biological contactor systems as well.

 

DEQ-2, Section 102.31

 

            This section addresses the storage of chlorine gas cylinders.  The board is proposing to amend this section by making the "recommendation," that chlorine gas cylinders be stored upright, a "requirement."  Proper storage will enhance operator safety.

 

DEQ-2, Section 102.32

 

            This section addresses the storage of chlorine gas in one-ton containers.  The board is proposing to amend this section by adding language that states a means for securing the containers must be provided.  Proper storage will enhance operator safety.

 

DEQ-2, Section 102.45

 

            This section addresses piping requirements for chlorine disinfection systems.  The board is proposing to amend this section by adding recommended language from the parent document, which requires that a chlorine piping system be color coded to ensure that interconnection between the chlorine and sodium hydroxide systems cannot occur.  These amendments will promote operator safety.

 

DEQ-2, Section 102.511

 

            This section addresses the use of locker-type chlorine enclosures for small systems.  The board is proposing to amend this section by adding language from Section 5.4.2 of Circular DEQ-1, entitled "Standards for Water Works" (2006 edition).  This amendment will provide cost savings to small systems.

 

DEQ-2, Section 102.53

 

            This section addresses heating requirements for chlorination rooms.  The board is proposing to amend this section by adding recommended language from the parent document, which allows liquid hypochlorite to be stored in unheated areas.

 

DEQ-2, Section 102.6

 

            This section addresses sampling and testing associated with chlorine disinfection.  The board is proposing to amend this section by adding clarifying language that states sampling must be done in accordance with permit requirements.

 

DEQ-2, Section 103.2

 

            This section addresses dechlorination chemical dosages.  The board is proposing to amend this section by adding recommended language from the parent document, which includes dosage requirements for sodium thiosulfate and sodium sulfite.

 

DEQ-2, Section 103.42

 

            This section addresses mixing requirements for dechlorination systems.  The board is proposing to amend this section by adding language from the parent document, which recommends that the chemicals be introduced at a point of adequate hydraulic turbulence or requires that mechanical mixing be provided.

 

DEQ-2, Section 103.51

 

            This section addresses the storage of dechlorination chemicals.  The board is proposing to amend this section by making the "recommendation," that sulfur dioxide housing guidelines follow those used for chlorine gas, a "requirement."  This amendment will promote operator safety.

 

DEQ-2, Section 104

 

            This section addresses ultraviolet (UV) radiation disinfection systems.  The board is proposing to amend this section by expanding its content to include both open channel and closed vessel UV units and providing additional requirements that relate to the characterization of the wastewater, system hydraulics, installation and maintenance considerations, system sizing, electrical provisions, and spare parts needs.  Due to safety concerns with chlorine disinfection, and as UV technology has evolved, the use of UV to meet disinfection needs has been on the rise.  Expansion of the UV disinfection system section will ensure improved system design and reliability.

 

DEQ-2, Chapter 110

 

            This chapter addresses supplemental treatment processes with a specific emphasis on phosphorus removal by chemical treatment.  The board is proposing to amend this chapter to expand the process design requirements for coagulation, chemical mixing, flocculation, and filtration.  This amendment will change the current focus from phosphorus removal to only clarification in general.

 

DEQ-2, Section 111.123

 

            This section addresses feed water characteristics and conditions that must be considered in the clarification process.  The board is proposing to add this new section to ensure that water and solid characteristics, over the range of conditions expected, are defined for the proposed clarification process.  The language for this section was obtained from the State of Washington Department of Ecology's document entitled "Criteria for Sewage Works Design" (2008 edition).

 

DEQ-2, Section 111.21

 

            This section addresses dosage considerations for the coagulation process.  The board is proposing to amend this section by adding design considerations and requirements for coagulation processes that use charge neutralization or sweep coagulation.  This amendment will ensure that key design parameters are addressed when these processes are proposed.  The language for this section was obtained from the State of Washington Department of Ecology's document entitled "Criteria for Sewage Works Design" (2008 edition).

 

DEQ-2, Section 111.22

 

            This section addresses chemical selection for phosphorus removal.  The board is proposing to amend this section by adding language from the parent document, which recommends that additional considerations in the chemical selection process.  This amendment will ensure a more thorough evaluation regarding chemical selection.

 

DEQ-2, Section 111.24

 

            This section addresses chemical mixing for the coagulation process.  The board is proposing to amend this section by adding design considerations and requirements for mechanical mixers and in-line static mixers.  This amendment will ensure that key design parameters are addressed when these devices are used.  The language for this section was obtained from the State of Washington Department of Ecology's document entitled "Criteria for Sewage Works Design" (2008 edition).

 

DEQ-2, Section 111.25

 

            This section addresses flocculation for the clarification process.  The board is proposing to amend this section by adding design considerations and requirements for flocculation basins.  This amendment will ensure that key design parameters are addressed in the design of flocculation basins.  The language for this section was obtained from the State of Washington Department of Ecology's document entitled "Criteria for Sewage Works Design" (2008 edition).

 

DEQ-2, Section 111.26

 

            This section addresses settling for the clarification process.  The board is proposing to amend this section by referencing additional settling processes that are located in Circular DEQ- 1.  This amendment will give the designer more options for solids separation in the clarification process, as well as provide basic design requirements.

DEQ-2, Section 111.27

 

            This section addresses filtration for the clarification process.  The board is proposing to amend this section by establishing filtration design requirements based on treatment objectives and effluent uses.  Given the potential for human contact when the use of reclaimed wastewater is approved by the department, the board is proposing to require filtration for reclaimed wastewater that is equivalent to the filtration required in the drinking water industry.  Due to the variety of filters available and accompanying design requirements, the board is proposing language that requires compliance with Circular DEQ-1, Section 4.2 (Filtration), rather than repeat those requirements in DEQ-2.  This amendment will ensure that adequate filtration units are used for the proposed uses.

 

DEQ-2, Section 111.33

 

            This section addresses dry chemical feed systems for phosphorus removal.  The board is proposing to amend this section by adding some additional design requirements from Circular DEQ-1, "Standards for Water Works," for dry chemical feed systems including the use of gravimetric or volumetric feeders and mixing requirements for dissolved solutions.  These amendments will improve the delivery of dry chemicals to the treatment process.

 

DEQ-2, Chapter 120

 

            This chapter addresses design standards and other considerations for irrigation and rapid infiltration systems.  The board is proposing to replace and incorporate the existing design standards from DEQ-2 (1999 edition) in Appendix B, "Standards for the Spray Irrigation of Wastewater," and Appendix D, "Standards for Rapid Infiltration Basins," into a new Chapter 120.  As proposed, the new chapter 120 will not only include the information from both Appendix B and D, but also expand and clarify the content of the information in the current Appendix B.  The new information relating to the irrigation with wastewater is necessary to provide design considerations, including tables and equations, from a document entitled "Process Design Manual for Land Treatment of Municipal Wastewater Effluents," published by the U.S. EPA.

 

DEQ-2, Section 121

 

            Section 121, formerly Appendix B, provides design standards for the irrigation of wastewater at or below agronomic rates.  Notable additions to Section 121 include the development of treatment standards and an associated classification system for reclaimed wastewater used for irrigation and the inclusion of key design components from a document entitled "Process Design Manual for Land Treatment of Municipal Wastewater Effluents," published by the U.S. EPA.

            In the current version of DEQ-2, EPA's design manual for land treatment is merely incorporated by reference.  In this rulemaking, the board is proposing to insert key portions of the text, tables, and equations from EPA's manual into Section 121, which will simplify the review process by eliminating the need to cross reference against the EPA document.  The board is also proposing to enhance the requirements and content of the Operations and Maintenance (O&M) Manual for irrigation with wastewater by requiring a discussion of critical operation tasks and the establishment of a recordkeeping database to track irrigation practices.  A comprehensive O&M Manual is necessary to ensure that the irrigation with reclaimed wastewater occurs in accordance with the department's approval.

            Other provisions of EPA's manual proposed for inclusion in Section 121 are requirements for buffer zones, access control of the irrigation site, effluent monitoring, and soil testing.  These provisions will ensure that public health and any potential receiving waters are protected during land treatment of domestic wastes.

            In addition, the board is proposing to include classifications and associated treatment standards for reclaimed wastewater that is applied to land at or below agronomic rates.  The new classes and standards that are required for irrigation uses at agronomic rates are identified in Section 121.3.  That section establishes four classifications of reclaimed wastewater that differ by the degree of additional treatment required for each class following secondary treatment, as specified in 40 CFR Part 133.  The four classifications of reclaimed wastewater that are identified in Section 121.3 require less treatment than classes that meet the definition of "unrestricted reclaimed wastewater" that are included in revised Appendix B.  A more detailed explanation of the derivation of the four classes and associated treatment standards is provided in the board's reasons for revising Appendix B.  The board is proposing to adopt these four classifications and associated treatment standards for land treatment of effluent, because the additional treatment requirements specified in Section 121.3, along with the monitoring, reporting, and design requirements proposed for adoption in Section 121, will ensure that public health and the beneficial uses of any potential receiving water will be protected.

 

DEQ-2, Section 122

 

            Section 122, formerly Appendix D, provides design standards for rapid infiltration systems.  The board is proposing to revise Section 122 by including tables and text from EPA's document entitled "Process Design Manual for Land Treatment of Municipal Wastewater Effluents" (2006 edition), relating to the design of rapid infiltration systems.  These additions from EPA's manual include hydraulic loading rates, infiltration/percolation basin loading requirements, and minimum number of cells.  In addition, the board is proposing to include design guidance for the use of subsurface absorption cells, also known as ground water infiltrators, for the disposal of treated effluents in Section 12.24, as an addition to traditional "open basin" design requirements.  The board is proposing these revisions to provide clarity to the design requirements for rapid infiltration systems.

 

DEQ-2, Appendix A, Section A.11

 

            This section addresses the handling of septage at wastewater treatment facilities.  The board is proposing to amend this section by adding language from the parent document, which recommends that grease not be hauled to wastewater treatment plants for disposal.

 

DEQ-2, Appendix A, Section A.12

 

            This section addresses the characterization of septage.  The board is proposing to amend this section by adding language from the parent document, which recommends that the septage source be sampled and analyzed with consideration of those results in the design of septage receiving and treatment systems.

 

DEQ-2, Appendix A, Section A.25

 

            This section addresses the point of introduction of septage into the wastewater treatment process.  The board is proposing to amend this section by recommending that septage enter the treatment process upstream, or within the headworks of the facility, and clarifying that other points of introduction require adequate justification.

 

DEQ-2, Appendix A, Section A.36

 

            This section addresses the location of septage-receiving facilities at wastewater treatment plants.  The board is proposing to amend this section by adding language that recommends that the septage-receiving facility be located and designed to allow for the slow release of septage into the treatment system during the nonpeak periods.  This addition is necessary to prevent "shock loads" from upsetting the treatment process that can lead to permit violations.

 

DEQ-2, Appendix A, Section A.50

 

            This section addresses recording devices at septage-receiving facilities.  The board is proposing to amend this section by recommending that a key pad, card reader, or similar recording device be installed at septage receiving facilities.  This amendment will help track the source and volume of septage received at the facility.

 

DEQ-2, Appendix B

 

            This new Appendix B establishes design standards and other considerations for public sewage systems that propose to use reclaimed wastewater for other purposes.  In Appendix B, the board is proposing to establish requirements for using reclaimed wastewater for a variety of uses that go beyond its use for irrigation at agronomic rates.  If adopted, this proposal will expand the allowable reuse alternatives available to public sewage systems in a manner that is consistent with EPA guidance and national design standards.  The board's proposal to adopt new Appendix B, in combination with the irrigation reuse standards in Chapter 120, Section 121, is in response to the recent enactment of House Bill 52 (2011), authorizing the board to adopt rules identifying allowable uses of reclaimed wastewater and classifications for those uses.  The newly enacted state law also requires the adoption of treatment, monitoring, and reporting standards tailored to each classification to protect the uses of the reclaimed wastewater and any receiving water.  The classification, standards, and allowable uses proposed for adoption in Appendix B are based on EPA guidance and standards established in many other western states.  The levels of treatment for each of the proposed classifications have been extensively evaluated by public health agencies, primarily in California, Washington, Florida, and Texas, and have been determined in each of those states to be protective of public health and the environment.

 

DEQ-2, Appendix B, Section B-2

 

            This section includes definitions that are used throughout Appendix B.  These definitions are necessary to describe and define the allowable uses, treatment standards, and other requirements for the use of reclaimed wastewater.

 

DEQ-2, Appendix B, Section B.3

 

            This section identifies, in tabular form, all of the allowable uses of reclaimed wastewater proposed for adoption by the board and the class of reclaimed wastewater required for each use.  The allowable uses identified in this section will provide alternatives for using reclaimed wastewater, in lieu of potable water, for such things as landscape impoundments, firefighting, construction dust control and compaction, industrial use, and aquifer recharge and injection.

 

DEQ-2, Appendix B, Section B.4

 

            This section establishes treatment standards to achieve the quality of reclaimed water that would be required for each of the various uses identified in B.3, Table B-1.  Table B-2 in Section B.4 establishes six classifications of reclaimed wastewater that are differentiated by the degree of additional treatment provided following secondary treatment, which is applicable to each class.  The highest degree of treatment within the classification system is required for Class A-1 and B-1 reclaimed waters.  These waters not only meet the various treatment standards used or recommended by other states and EPA, but must also meet Montana's nondegradation requirements prior to reuse.

 

DEQ-2, Appendix B, Section B.5

 

            This section establishes requirements for the conveyance of reclaimed wastewater.  The board is proposing to require compliance with the standards adopted by the board for the conveyance of drinking water, set forth in Circular DEQ-1.  The board is proposing this approach because reclaimed wastewater is typically delivered to the place of reuse in the same manner as drinking water.  Therefore, Section B.5 requires compliance with the standards in Circular DEQ-1 for drinking water pumping facilities (DEQ-1, Chapter 6), storage tanks and basins (DEQ-1, Chapter 7), and delivery piping, trenching, and bedding (DEQ-1, Chapter 8).  In addition, Section B.5 requires the use of purple piping or marking to identify reclaimed wastewater conveyance systems.  This last requirement is based upon EPA guidelines for water reuse.

 

DEQ-2, Appendix B, Section B.7

 

            This section establishes requirements for fencing and advisory signs as a means of notifying the public and protecting public health when appropriate to do so.  The board is proposing to adopt provisions that allow the department to determine when fencing or signs are needed on a case-by-case basis.

 

DEQ-2, Appendix B, Section B.8

 

            This section requires a written agreement or lease arrangement that secures the land where reclaimed wastewater will be used for a period of 20 years or more.  The board is proposing this requirement to avoid situations where the owner of the reclaimed wastewater has no place to send the reclaimed wastewater in the event that a landowner refuses to accept it.

 

DEQ-2, Appendix B, Section B.9

 

            This section establishes requirements for measuring the flow of reclaimed wastewater on a daily basis and also requires sampling the reclaimed wastewater prior to reuse.  The board is proposing to adopt these provisions to ensure that the quality and amount of reclaimed wastewater complies with the department's approval of the reuse project.

 

DEQ-2, Appendix B, Section B.10

 

            This section establishes specific requirements for an O&M Manual for various uses of reclaimed wastewater.  The requirements in this section are tailored to each use so that, when prepared, the manual establishes clear requirements for the operation, treatment, monitoring, and recordkeeping of reclaimed wastewater.  This section also authorizes the department to establish and require project-specific operations and monitoring when justified by the project.  The board is proposing these requirements to ensure that the reclaimed wastewater system is operated and maintained, according to the department's approval, so that public health and the environment are protected.

 

DEQ-2, Appendix C

 

            This appendix addresses design standards and considerations for alternative sewer collection systems.  The board is proposing to amend Appendix C by expanding its content to include information on small diameter gravity systems, septic tank effluent pump systems, grinder pump systems, and their associated requirements with regard to system hydraulics, material considerations, and connection to conventional sewer systems.  The proposed expansion of the appendix requires these systems to have an O&M Manual prior to system start-up and provides guidance on the type of information that must be included in the manual.  The standards developed in Appendix C are supported by information from the State of Washington Department of Ecology's document entitled "Criteria for Sewage Works Design" (2008 edition); EPA's document entitled "Alternative Wastewater Collection Systems" (October 1991); and EPA's document entitled "Decentralized Systems Technology Fact Sheet Small Diameter Gravity Sewers" (September 2000).

 

DEQ-2, Appendix D

 

            This appendix establishes guidelines for sewer rehabilitation.  The board is proposing a new Appendix D to provide general information and guidance regarding rehabilitation techniques for sewer mains, sewer service connections, and manholes, which do not require extensive trench excavation and pipe replacement.  Rehabilitation methods covered in the appendix include sliplining, cured-in-place pipe, and pipe bursting.  The guidelines developed in the new Appendix D are supported by information from EPA's document entitled "Collection Systems O&M Fact Sheet Trenchless Sewer Rehabilitation" (September 1999).

 

DEQ-2, Appendix E

 

            This appendix addresses required information on capacity development for wastewater systems.  The board is proposing a new Appendix E in order to provide the department with the information necessary for its review and evaluation of a proposed new system.  The information required in Appendix E includes management, operation, maintenance, and financing of the system.  By requiring the submission of this information to the department, the department will be able to evaluate a new system for proper system maintenance, operation, and financial planning that will provide long-term stability of a new system.  The language proposed for inclusion in Appendix E is based on language taken from Appendix A of Circular DEQ-1, entitled "Standards for Water Works" (2006 edition).  This proposed addition of the information in new Appendix E is necessary to meet the requirements of 75-6-103(2)(f), MCA, which requires the board to adopt rules concerning the technical, managerial, and financial capacity of a proposed public sewage system to ensure that the system is capable of meeting the applicable requirements in DEQ-2.

 

            4.  Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing.  Written data, views, or arguments may also be submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to ejohnson@mt.gov, no later than 5:00 p.m., August 7, 2012.  To be guaranteed consideration, mailed comments must be postmarked on or before that date.

 

            5.  Katherine Orr, attorney for the board, or another attorney for the Agency Legal Services Bureau, has been designated to preside over and conduct the hearing.

 

            6.  The board and department maintain a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding:  air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supply; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406) 444-4386, e-mailed to Elois Johnson at ejohnson@mt.gov, or may be made by completing a request form at any rules hearing held by the board.

 

            7.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

Reviewed by:                                                BOARD OF ENVIRONMENTAL REVIEW

 

 

 

/s/ James M. Madden                         BY:  /s/ Joseph W. Russell                                 

JAMES M. MADDEN                                   JOSEPH W. RUSSELL, M.P.H.,

Rule Reviewer                                               Chairman

 

DEPARTMENT OF ENVIRONMENTAL

                                                                        QUALITY

 

 

 

                                                            BY:      /s/ Richard H. Opper                                   

                                                                        RICHARD H. OPPER, Director

 

            Certified to the Secretary of State, June 11, 2012.

 

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