17.36.112 RE-REVIEW OF PREVIOUSLY APPROVED FACILITIES: PROCEDURES
(1) This rule applies to amendments (rewrites) of certificates of subdivision approval when no new subdivision is proposed. This rule identifies the procedures for re-reviewing facilities for water supply, storm water drainage, sewage, or solid waste disposal when the facilities have been previously approved under Title 76, chapter 4, MCA, and when:
(a) parcel boundaries are not changing, but changes are proposed to the facilities that would deviate from the conditions of the previous approval;
(b) parcel boundaries are not changing, but the previous approval has expired pursuant to ARM 17.36.314; or
(c) parcel boundaries are changed by an aggregation with other parcels.
(2) The owner of a parcel in (1) shall obtain approval from the reviewing authority as provided in this section.
(3) The owner shall submit an application to the reviewing authority on a form approved by the department. Copies of the form may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901, http://deq.mt.gov/wqinfo/Sub/SubReviewForms.mcpx, or from the local reviewing authority.
(4) The application must describe any proposed new facilities, any changes to previously approved facilities, and any new parcel boundaries. The reviewing authority may require the applicant to submit additional information that the reviewing authority determines is necessary for the review.
(5) The reviewing authority shall review the application pursuant to all applicable requirements, including fees, set out in ARM Title 17, chapter 36, subchapters 1, 3, 6, and 8. The application is subject to the rules in effect at the time the application is submitted, except that, if a requirement in the applicable rules would preclude a previously approved use of the parcel, the department may waive the requirement that would preclude the use. Waivers are subject to ARM 17.36.601.
(6) Facilities previously approved under Title 76, chapter 4, MCA, are not subject to re-review, if they are not proposed to be changed, are not affected by a proposed change to another facility, are operating properly, and meet the conditions of their approval. To determine whether previously approved water and sewer facilities are operating properly, the reviewing authority may require submittal of well logs, water sampling results, any septic permit issued, and evidence that the septic tank has been pumped in the previous three years.
(7) Except as provided in (8), if the proposed amendments are approved, the reviewing authority shall issue a revised certificate of subdivision approval.
(8) Amendments that consist solely of the relocation of previously approved facilities may be made through approval of a revised lot layout document. The approved revised lot layout document must be filed with the county clerk and recorder and a copy must be provided to the department.
History: 76-4-104, MCA; IMP, 76-4-125, MCA; NEW, 2014 MAR p. 2098, Eff. 9/19/14; AMD, 2016 MAR p. 722, Eff. 4/23/16; AMD, 2018 MAR p. 1588, Eff. 8/11/18.