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

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AMENDED NOTICE OF PROPOSED AMENDMENT AND EXTENSION OF COMMENT PERIOD   (WATER QUALITY) (SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT) (PUBLIC WATER AND SEWAGE SYSTEM REQUIREMENTS)

 

            TO: All Concerned Persons

 

            1. On December 20, 2012, the Board of Environmental Review and the Department of Environmental Quality published MAR Notice No. 17-343 regarding a notice of public hearing on the proposed amendment of the above-stated rules at page 2529, 2012 Montana Administrative Register, issue number 24.  On January 31, 2013, the Board of Environmental Review and the Department of Environmental Quality published MAR Notice No. 17-343 extending the comment period because the original comment period spanned the Christmas and New Year holidays, at page 90, 2013 Montana Administrative Register, issue number 2.

 

            2. A comment was received requesting that the board and the department make available to the public those rules and other publications that are adopted by reference in Department Circular DEQ-4, Montana Standards for Subsurface Wastewater Treatment Systems (DEQ-4). In response, the board and the department are proposing to amend DEQ-4 by providing: (a) the specific version of each standard to be adopted; (b) a link to the web site of the source of each rule or publication proposed to be adopted by reference, as required by 2-4-307(3)(c), MCA; (c) the address of the department, where the rule or publication may be viewed; and (d) language to clarify that these standards are adopted by reference. This information may be viewed at http://deq.mt.gov/wqinfo/sub/deq-4tables.mcpx. The board and department are proposing to add a new Appendix F, which would list the design standards referenced in DEQ-4 and links to the web sites where the standards may be obtained. No further amendments to DEQ-4 are being proposed in this notice based on comments received during the initial Notice of Public Hearing or the Notice of Extension of Comment Period. Comments already received will be addressed during the adoption process of this rulemaking and, therefore, resubmission of those comments is not necessary.

            The board and the department are, therefore, amending the notice and extending the comment period to allow the public more time to provide comment regarding the industry standards adopted by reference.

 

            3. The board and department are not intending to hold a second public hearing regarding the proposed amendments, unless requests are received on the proposed action from either 10% or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, and then a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be 40 based on the 396 individuals on the Subdivision Program's interested persons mailing list. The written request for hearing must be received no later than July 5, 2013.

 

            4. Written data, views, or arguments may 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 July 5, 2013. To be guaranteed consideration, mailed comments must be postmarked on or before that date.

 

            5. The board and department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking action 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., June 20, 2013, 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.

 

Reviewed by:                                                BOARD OF ENVIRONMENTAL REVIEW

 

 

 

/s/ John F. North                                BY:  /s/ Robin Shropshire                                   

JOHN F. NORTH                                         ROBIN SHROPSHIRE

Rule Reviewer                                             Chairman

 

DEPARTMENT OF ENVIRONMENTAL

                                                                        QUALITY

 

 

 

                                                            BY:     /s/ Tracy Stone-Manning                            

                                                                        TRACY STONE-MANNING, Director

 

            Certified to the Secretary of State, May 28, 2013.