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17.36.321    SEWAGE SYSTEMS: ALLOWABLE NEW AND REPLACEMENT SYSTEMS

(1) All systems must be designed and installed in accordance with Department Circular DEQ-4, Department Circular DEQ-2, or other applicable department circular. Requirements applicable to review of existing sewage treatment systems are set out in ARM 17.36.327.

(2) Systems designed in accordance with Department Circular DEQ-2 may not be used for individual, shared, or multiple-user systems, except as provided in Department Circular DEQ-4.

(3) The following sewage systems may not be used for new systems, but may be used as replacement systems subject to the limitations provided in Department Circular DEQ-4:

(a) cut systems;

(b) fill systems;

(c) artificially drained systems;

(d) absorption beds;

(e) pit privies;

(f) seepage pits; and

(g) holding tanks, except that:

(i) the department may grant a waiver, pursuant to ARM 17.36.601, to allow holding tanks in facilities owned and operated by a local, state, or federal unit of government, or in facilities licensed by the Department of Public Health and Human Services and inspected by the local health department. Holding tanks must be designed and maintained in accordance with the requirements in Department Circular DEQ-4 and all other requirements imposed by the department and local health department; and

(ii) the department may grant a waiver, pursuant to ARM 17.36.601 and with concurrence by the local health department, to allow holding tanks to replace a failed system when no other alternative that meets these rules is reasonably available.

(4) Cesspools are prohibited as new or replacement systems.

(5) Sealed pit privies may be used only in facilities owned and operated by a local, state, or federal unit of government, or in facilities where use of a sealed pit privy is authorized by the Department of Public Health and Human Services.

History: 76-4-104, MCA; IMP, 76-4-104, MCA; NEW, 2000 MAR p. 3371, Eff. 12/8/00; AMD, 2003 MAR p. 221, Eff. 2/14/03; AMD, 2014 MAR p. 1824, Eff. 8/8/14.

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