(1) The applicant shall provide the department with evidence, as set out in (2) , as to whether facilities for the supply of water, disposal of wastewater, disposal of solid waste, and drainage of storm water are in compliance with applicable laws and regulations of local government.   A facility that has an MPDES surface water discharge permit issued pursuant to ARM Title 17, chapter 30, subchapter 13 is exempt from the requirements of this rule.

(2) The evidence required by (1) must show whether the facilities are in compliance with the laws and regulations of local government relating to water quality, water supply, wastewater disposal, solid waste disposal, and storm water drainage, which are in effect at the time of the submittal of the application to the reviewing authority pursuant to this chapter.   The evidence must be in one of the following forms:

(a) a certificate of compliance or a denial letter, in a format approved by the department, signed by the local health officer having jurisdiction. A certificate of compliance may contain conditions of approval;

(b) if the proposed subdivision is reviewed by the local health officer under authority delegated by the department under Title 76, chapter 4, MCA, a signed certificate of subdivision approval; or

(c) a written demonstration by the applicant, in a format approved by the department, that the applicant has requested a certificate of compliance from the local health officer having jurisdiction and the health officer has not issued a denial letter or a certificate of compliance within 50 days of receiving a copy of the application.   The department shall presume in such cases that the facilities in the proposed subdivision application are in compliance with the applicable laws and regulations of local government.

(3) The department shall identify, in its certificate of subdivision approval, all conditions of approval imposed by the local health officer in its review pursuant to this rule.   Requirements of the local health officer may not be less stringent than state standards for the control and disposal of sewage promulgated pursuant to 75-5-305(2) , MCA.

(4) As provided in ARM 17.36.110, the department may not issue a certificate of subdivision approval if non-public facilities for water supply or for the disposal of wastewater are proposed, unless the applicant has submitted evidence, in accordance with this rule, that the design for the non-public water supply and wastewater disposal facilities complies with applicable laws and regulations of local government.