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 17.30.702, 17.36.345, 17.36.914, and 17.38.101 pertaining to Department Circular DEQ-4
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT
(SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT)
(PUBLIC WATER AND SEWAGE SYSTEMS REQUIREMENTS)
TO: All Concerned Persons
1. On January 11, 2013, at 2:00 p.m., or at the conclusion of the hearing for MAR Notice No. 17-342, the Board of Environmental Review and the Department of Environmental Quality will hold a public hearing in Room 35, 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., December 31, 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 firstname.lastname@example.org.
3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:
17.30.702 DEFINITIONS The following definitions, in addition to those in 75-5-103, MCA, apply throughout this subchapter (Note: 75-5-103, MCA, includes definitions for "degradation," "existing uses," "high quality waters," "mixing zone," and "parameter"):
(1) through (25) remain the same.
(26) The board adopts and incorporates by reference:
(a) remains the same.
(b) Department Circular DEQ-4, entitled "Montana Standards for Subsurface Wastewater Treatment Systems" (
2009 2013 edition), which establishes technical standards for construction of subsurface wastewater treatment systems; and
(c) and (d) remain the same.
AUTH: 75-5-301, 75-5-303, MCA
IMP: 75-5-303, MCA
REASON: The department is proposing to revise Department Circular DEQ-4. The proposed amendment to this rule is necessary to adopt the revised DEQ-4 for purposes of the nondegradation rules adopted under the provisions of the Montana Water Quality Act, Title 75, chapter 5, MCA. The proposed revisions to Circular DEQ-4 are summarized in the Reason for the amendments to ARM 17.38.101. The complete text of the proposed amendments to the DEQ-4 Circular is available on the department's web site at http://www.deq.mt.gov/wqinfo/Sub/ default.mcpx.
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) through (c) remain the same.
(d) Department Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatment Systems,"
2009 2013 edition;
(e) through (2) remain the same.
AUTH: 76-4-104, MCA
IMP: 76-4-104, MCA
REASON: The department is proposing to revise Department Circular DEQ-4. The proposed amendment to this rule is necessary to adopt the revised DEQ-4 for purposes of the subdivision rules adopted under the provisions of the Sanitation in Subdivisions Act, Title 76, chapter 4, MCA. A summary of the revisions to DEQ-4 is contained in the Reason for the amendments to ARM 17.38.101. The complete text of the proposed amendments to the DEQ-4 Circular is available on the department's web site at http://www.deq.mt.gov/wqinfo/Sub/default.mcpx.
17.36.914 WASTEWATER TREATMENT SYSTEMS - TECHNICAL REQUIREMENTS (1) remains the same.
(2) Department Circular DEQ-4,
2009 2013 edition, which sets forth standards for subsurface sewage treatment systems, and Department Circular DEQ-2, 1999 edition, which sets forth design standards for wastewater facilities, 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
REASON: The proposed amendment to this rule is necessary to adopt the revised DEQ-4 in the state standards for sewage treatment that are implemented by local health departments. The proposed revisions to Circular DEQ-4 are summarized in the Reason for the amendments to ARM 17.38.101. The complete text of the proposed amendments to the DEQ-4 Circular is available on the department's web site at http://www.deq.mt.gov/wqinfo/Sub/default.mcpx.
17.38.101 PLANS FOR PUBLIC WATER SUPPLY OR WASTEWATER SYSTEM (1) through (18)(b) remain the same.
(19) For purposes of this chapter, the board adopts and incorporates by reference the following documents. All references to these documents in this chapter refer to the edition set out below:
(a) through (c) remain the same.
(d) Department of Environmental Quality Circular DEQ-4,
2009 2013 edition, which sets forth standards for subsurface wastewater treatment systems;
(e) through (20) remain the same.
AUTH: 75-6-103, MCA
IMP: 75-6-103, 75-6-112, 75-6-121, MCA
REASON: The proposed amendments to ARM 17.38.101 adopt the revised Circular DEQ-4 by reference. The amendments are necessary to establish the standards the department will use when it reviews, under the public water and sewer laws in Title 75, chapter 6, MCA, plans and specifications for public
subsurface wastewater systems. The proposed revisions to Circular DEQ-4 are summarized below. The complete text of the proposed amendments to the DEQ-4 Circular is available on the department's web site at http://www.deq.mt.gov/wqinfo/ Sub/default.mcpx.
Proposed Revisions to Department Circular DEQ-4
Throughout the entire document format was reorganized, illustrations added, grammar corrected, and numbering reconfigured. In response to emerging technology, it is necessary to also add new chapters, including an appendix with design examples.
General references in the Circular to the applicability of local building codes and uniform codes, such as uniform plumbing and electrical codes, have been deleted. The department lacks authority to generally enforce these codes, because some components governed by the codes (e.g., buildings, wiring, and service lines) are not subject to statutes administered by the department. When a code provision does apply to a component reviewed by the department under the Circular, the provision has been specifically added to the text of the Circular. For example, the Circular requires that wastewater pumping stations be provided with effluent pumps, controls, and wiring that are corrosion-resistant and listed by Underwriters Laboratories, Canadian Standards Association, or another approved testing and/or accrediting agency, as meeting the requirements for National Electric Code (NEC) Class I, Division 2 locations.
Following is a list by chapter of the proposed revisions to Department Circular DEQ-4.
Table of Contents. The table was reorganized to include the new headings in the Circular.
Chapter 1, Introduction. Further explanation is provided of gravity and pressure dosed systems, and new system descriptions are provided for shallow capped, waste segregation, and subsurface drip treatment options. New definitions are added to match existing statutes, rules, and other Department Circulars.
Chapter 2, Site Conditions. The revisions add new requirements and clarify existing requirements for site evaluations, including provisions relating to soil evaluation, staking, non-degradation, and sizing. Provisions are inserted to allow minor cut and fill of natural soil during construction.
Chapter 3, Wastewater. The revisions provide a new methodology for evaluating wastewater flows in large onsite systems. The revisions also add a chapter on high strength waste and water treatment waste residuals.
Chapter 4, Collection, Pumping and Distribution Systems. The revisions add a new chapter discussing sewer collection systems, pumping stations, and effluent distribution systems. Much of the new information is taken from Department Circular DEQ-2.
Chapter 5, Primary Treatment. The revisions modify and clarify sizing, construction, and installation requirements for septic tanks. The revisions also add provisions for the use of poly and fiberglass septic tanks.
Chapter 6, Secondary Treatment. The revisions revise requirements for subsurface treatment systems, including the following systems: standard absorption trenches, shallow capped absorption trenches, deep absorption trenches, sand-lined absorption trenches, gravelless trenches and other absorption methods, elevated sand mounds, gray water systems, evapo-transpiration/absorption (ETA) systems, evapo-transpiration (ET) systems, and absorption beds. The revisions add a chapter discussing subsurface drip, and remove the provisions for at-grade systems.
Chapter 7, Advanced Treatment. The revisions clarify requirements and sizing criteria for drainfields and system configurations for the following advanced treatment systems: recirculating media filter, intermittent sand filter, recirculating sand filter, aerobic wastewater treatment units, and chemical nutrient–reduction systems. The revisions also add a chapter discussing alternative advanced treatment systems.
Chapter 8, Miscellaneous. The revisions add a chapter outlining waste segregation through the use of composting and incinerating toilets.
Appendix A, Percolation Test Procedure. The revisions remove percolation test procedure 2 from allowable methodologies.
Appendix B, Soils and Site Characterization. The revisions add and change definitions in the Appendix to match the Circular and add percolation rates to the soil textural triangle.
Appendix C, Groundwater Observation Well Installation and Measurement Procedures. The revisions add a ground water monitoring report form.
Appendix D, Operation and Maintenance. The revisions clarify existing requirements.
Appendix E, Design Examples. The revisions add design examples for an elevated sand mound and an ETA system.
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 email@example.com, no later than 5:00 p.m., January 17, 2013. 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 supplies; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA. 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 firstname.lastname@example.org; or may be made by completing a request form at any rules hearing held by the board or department.
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
BY: /s/ Richard H. Opper
RICHARD H. OPPER, Director
Certified to the Secretary of State, December 10, 2012.