BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.36.802 and 17.36.805 pertaining to fee schedules and changes in subdivision

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT   (SUBDIVISIONS)

 

            TO: All Concerned Persons

 

            1. On September 17, 2013, at 1:00 p.m., the Department of Environmental Quality will hold a public hearing in Room 111, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

            2. The 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., September 3, 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.

 

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

 

17.36.802 FEE SCHEDULES (1) An applicant for approval of a division of land into one or more parcels, condominiums, mobile home/trailer courts, recreational camping vehicle spaces, and tourist campgrounds shall pay the following fees:

 

	UNIT	UNIT COST
TYPE OF LOTS
Subdivision lot	lot/parcel	$ 100 125
Condominium/trailer court/recreational camping vehicle campground	unit/space	$    40 50
Resubmittal fee – previously approved lot, boundaries are not changed	lot/parcel	$    60 75
TYPE OF WATER SYSTEM
Individual or shared water supply system (existing and proposed)	unit	$    60 85

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Multiple user system (non-public) - new system         - connection to approved  existing distribution system - extension to existing  distribution system - new distribution system	each         lot/unit   lot/unit   lot/unit lineal foot	$250 315 (plus $75 105/ hour for review in excess of four hours)   $    20 70   $    50   $    50 0.50
Public water system  New system per DEQ-1      - connection to existing distribution system  - extension of existing system  - new distribution system	component      lot/structure lot/structure lot/structure lineal foot	per ARM 17.38.106 fee schedule   $    20 70 $    40 $    40 0.50
TYPE OF WASTEWATER DISPOSAL
Existing systems	unit	$    60 75
New subsurface system	drainfield	$    75 95
New pressure-dosed, elevated sand mound, ET systems, intermittent sand filter, ETA systems, recirculating sand filter, recirculating trickling filter, aerobic treatment unit, nutrient removal, and whole house subsurface drip irrigation systems	design	$150 190 (plus $75 105/ hour for review in excess of two hours)
Drainfields for pressured-dosed, intermittent sand filter, recirculating sand filter, recirculating trickling filter, aerobic treatment unit, and nutrient removal	drainfield	$    40 50
Gray water reuse systems. This is a stand-alone fee and all gray water reuse systems will be reviewed at the unit cost	unit	$75 95 (plus $75 105/hour in excess of two hours)
Multiple user wastewater system (non-public)  - connection to collection system  - extension  - new collection system	lot/unit lot/unit lot/unit lineal foot	$    20 70 $    50 $    50 0.50
New public wastewater system per DEQ-2        - New connection to existing collection    system  - New extension to existing    public wastewater system  - new public wastewater    collection system	component       lot/structure   lot/structure   lot/structure lineal foot	per ARM 17.38.106 fee schedule   $    20 70   $    50   $    50 0.50
OTHER
Deviation from circular	request or per design	$150 200 (plus $75 105/ hour for review in excess of two hours)
Waiver from rule	request	$150 200 (plus $75 105/ hour for review in excess of two hours)
Reissuance of original approval statement	request	$    50 60
Municipal facilities exemption checklist (former master plan exemption)	application	$  100
Nonsignificance determinations/categorical exemption reviews - individual/shared systems   - multiple-user and non-public systems   - public systems	drainfield   lot/structure   drainfield	$    50 60   $    25 30   per ARM 17.38.106 fee schedule
Storm drainage plan review   - plans exempt from Circular DEQ-8   - Circular DEQ-8 review	lot   design   lot	$    30 40   $180   $30 40 (plus $75 105/ hour for review in excess of 30 minutes per lot)
Preparation of environmental assessments/environmental impact statements	----	actual cost

 

            AUTH: 76-4-105, MCA

            IMP:  76-4-105, 76-4-128, MCA

 

            17.36.805 CHANGES IN SUBDIVISION (1) remains the same.

            (2) Other changes for plan components not listed in ARM 17.36.802 are also subject to additional review fees. The department shall determine the exact amount of the additional fee based on how much review time the change(s) require. Review time must be charged at the rate of $75 105 per hour with a minimum charge of $75 105.

 

            AUTH: 76-4-105, MCA

            IMP: 76-4-105, MCA

 

            REASON: Section 76-4-105, MCA, of the Sanitation in Subdivisions Act requires the department to adopt rules establishing subdivisions fees that do not exceed actual cost for performing reviews, conducting inspections, and conducting enforcement activities. ARM 17.36.802 and 17.36.805 establish those fees. The fees have not been increased since 2009 and it is necessary to raise fees to maintain minimum subdivision program functions. Revenue from fees in FY 13 was approximately $433,000 and expenses were $630,000. The department projects that expenses in FY14 will be approximately $700,000. The proposed amendments would raise lot fees and non-public component review fees by about 25 percent and amend current hourly fees, waivers, deviations, multiuser, and public component fees to match the fees in ARM 17.38.106 for review of similar facilities under the Public Water Supply Act. The department estimates that the fee increase will affect approximately 500 applicants in the next year for a total cumulative impact of approximately $150,000 in increased subdivision program revenue. These fees will substantially reduce the revenue deficit without exceeding actual program costs.

 

            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., September 19, 2013. To be guaranteed consideration, mailed comments must be postmarked on or before that date.

 

            5. Paul Nicol, attorney for the Department of Environmental Quality, has been designated to preside over and conduct the hearing.

 

            6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos 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 (406) 444-4386; e-mailed to ejohnson@mt.gov; or may be made by completing a request form at any rules hearing held by the department.

 

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

 

            8. With regard to the requirements of Chapter 318, Section 1, Laws of 2013, the department has determined that the adoption of the above-referenced rules will significantly and directly impact small businesses.

 

Reviewed by:                                                DEPARTMENT OF ENVIRONMENTAL

                                                                        QUALITY

 

 

 

/s/ John F. North                                   BY: /s/ Tracy Stone-Manning                            

JOHN F. NORTH                                         TRACY STONE-MANNING, Director

Rule Reviewer

 

Certified to the Secretary of State, August 12, 2013.