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37.111.116    SEWAGE SYSTEM

(1) The department hereby adopts and incorporates by reference the following department of environmental quality publications setting construction and operation standards for sewage systems:

(a) Circular #84-10, "Sewers and Sewage Treatment for Multi-Family and Non-Residential Buildings"

(b) Circular #13, "The Sanitary Pit Privy." Copies of the above circulars may be obtained from the Department of Public Health and Human Services, Health Policy and Services Division, Food and Consumer Safety Section, 1400 Broadway, P.O. Box 202951, Helena, Montana 59620-2951.

(2) In order to ensure sewage is completely and safely disposed of, an establishment must:

(a) connect to a public sewage system meeting the requirements of ARM Title 17, chapter 38, subchapter 1; or

(b) if the establishment is not utilized by more than 25 persons daily at least 60 days out of the calendar year, including guests, staff, and residents; and an adequate public sewage system is not available; utilize a non-public system whose construction and use meet the construction and operation standards contained in department of environmental quality circular #84-10, incorporated by reference in (1) of this rule.

(3) A sewage system design, other than the type described in this rule, may be utilized only if it is designed by an engineer registered in Montana and offers equivalent sanitary protection as determined by the department or local health authority.

(4) An establishment must replace or repair its sewage system whenever:

(i) it fails to accept sewage effluent at the rate of application;

(ii) seepage of effluent from, or ponding of effluent on or around, the system occurs;

(iii) contamination of a potable water supply or state waters is traced to effluent from the sewage system; or

(iv) a mechanical failure occurs, including electrical outage, or collapse or breakage of septic tank, inlet lines, or drainfield lines.

History: Sec. 50-51-103, MCA; IMP, Sec. 50-51-103, MCA; NEW, 1982 MAR p. 1049, Eff. 5/14/82; AMD, 1985 MAR p. 779, Eff. 6/28/85; TRANS, from DHES, 2001 MAR p. 2425.

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