DEQ Subdivision Task Force Advisory Council Meeting Overview

The DEQ Subdivision Task Force Advisory Council held a meeting to discuss rule updates, legislative sessions, and progress reports. The council comprises members from various sectors related to environmental regulations in Montana. The agenda included topics such as groundwater pollution control permits, rule packages, and stakeholder introductions. The council aims to enhance transparency, consistency, and stakeholder engagement in DEQ subdivision processes.

• DEQ
• Subdivision Task Force
• Advisory Council
• Montana
• Environmental Regulations

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1. SUBDIVISION TASK FORCE ADVISORY COUNCIL May 31, 2023 DEQ Mission: To Champion a Healthy Environment for a Thriving Montana 1

2. SUBDIVISION TASK FORCE ADVISORY COUNCIL SATF CHARTER Project Vision: The vision for the Task Force is to increase transparency and consistency in DEQ subdivision regulations and processes, as well as to increase education, outreach, and communication to and with our stakeholders. Critical Success Factors and Projected Impact on Stakeholders: Critical success factors include Task Force members dedicated to working together to find solutions to common issues that ensure success for all parties. Members should be cooperative, solution-oriented, and willing to listen to opposing viewpoints. Members will need to work to find common goals and priorities and build on those commonalities to find solutions to issues with opposing viewpoints. 2

3. SUBDIVISION TASK FORCE ADVISORY COUNCIL AGENDA 1. 2. Introductions Proposal of Rule Updates to ARM 17.30.10 Groundwater Pollution Control System Permits (Eric Sivers) 3. Phase 1 Rule Package Update (Shawn Rowland) 4. 2023 Legislative Sessionand New Legislative Rule Package (Rachel Clark) 5. Phase 2 Rule Package Timeline (Shawn Rowland) 6. Subcommittee Progress Reports 7. Public Comment 8. Final thoughts and action items, next meeting 3

4. SUBDIVISION TASK FORCE ADVISORY COUNCIL INTRODUCTIONS Engineers Systems Providers Developers Professional Land Surveyors Contract County Sanitarians City Planner Non-Governmental Organization (NGO) Montana League of Cities and Towns Montana Association of Counties (MACo) Montana Legislator DEQ 4

5. INTRODUCTION Water Quality Division Engineering Bureau Lindsey Krywaruchka Water Quality Division Administrator Rachel Clark, PE Engineering Bureau Chief Mike Abrahamson SRF Water Pollution Section Supervisor - Helena Sandie Koenig, PE SRF Drinking Water Acting Section Supervisor - Helena Jackie Kuhl, PE Public Water Section Supervisor - Helena Shawn Rowland, MS RS Subdivision Review Program Section Supervisor-Helena Brian Clifton, RS Charles Freshman, PE, Helena Matt Culpo, PE Helena Michele Marsh, PE Helena Robert Ashton, Analyst, Helena Jim Erven, RS Missoula Angela Pugh, PE Bozeman Jennifer Warren, PE Bozeman John McDunn, PE Helena Steve Lipetzky, PE, Helena Nathan Danz, RS Kalispell Jenifer Ramsey, PE Helena Eleanor Goins, PE Helena Dee Dee Fischer, PE Helena Matthew Waite, PE, Helena Denver Fraser, PE Helena Vacant PWS Engineer Kevin Krogstad, Hydrogeologist Helena Wade Salyards, PE ARPA, Helena Marc Golz, PE ARPA, Helena Vacant SRF Engineer Vacant SRF Engineer Vacant ARPA Engineer Vacant ARPA Engineer Vacant Sanitarian Eric Regensburger, Hydrogeologist Water Quality Planning Bureau Standards and Modeling Section Vacant Water Quality Modeler Leata English, Data Control Spec.

6. SUBDIVISION TASK FORCE ADVISORY COUNCIL AGENDA ITEM 2: Proposal of Rule Updates to ARM 17.30.10 Groundwater Pollution Control System Permits (Eric Sivers) 6

7. SUBDIVISION TASK FORCE ADVISORY COUNCIL AGENDA ITEM 3: Phase 1 Rule Package Update Completed April 15, 2023 Subchapter 1 Subchapter 3 Revised Circular DEQ-3 and NEW Circular DEQ-20 7

8. Quick Overview of Phase 1 Changes Rearranged Rules to match their purpose 17.36 Subchapter 1 Subdivision Application and Review 17.36 Subchapter 3 Subdivision Requirements Moved design standards from rules to circular Individual and Shared Water Systems were moved from 17.36 Subchapter 3 to the new Circular DEQ 20 Updated rules/circulars to minimize number of deviations / waivers that are always or never approved Grouting requirements were changed to match the standards required at the time of well construction Adopted rules to implement SB-44 (2021 Legislative Session) Stormwater Review is not required for Lots 5 acres in size or larger with less than 5% impervious surface Implemented proposed well isolation zone and proposed mixing zone easement requirements 8

9. Quick Overview of Phase 1 Changes continued Clarified the 48 Separation to limiting layer for Elevated Sandmounds 17.36.320 (4)(b) for elevated sand mounds constructed in accordance with Department Circular DEQ 4, the depth of the key may be included as part of the separation distance between the infiltrative surface and a limiting layer. Revised the procedures for the Review of Previously Approved Facilities Expanded the current rule to previously approved facilities for applications that are not rewrites (subsequent divisions, BLA, etc) Re-worked the rule to better define when and how a COSA rewrite is processed and when and how a revised lot layout is processed. Revised DEQ 3 Standards for Small Water Systems Provides design criteria for public non-community water systems as multi-user water systems have been moved to DEQ-20. 9

10. Quick Overview of Phase 1 Changes continued Adoption of DEQ 20, Montana Standards for Non-Public Water Systems Circular DEQ-20 covers minimum design standards for non-public water systems currently in ARM 17.36 and Circular DEQ-3 (multiple-user systems), DEQ-11 (individual /shared springs), DEQ-17 (individual/shared cisterns). Treatment design for non-public systems Springs (individual and shared only, no multiple-user springs) Cisterns (individual and shared only), multiple-user located in DEQ-1 Low flow wells w/storage - allowed without waiver with supporting information Minor Change to DEQ-4 MONTANA STANDARDS FOR SUBSURFACE WASTEWATER TREATMENT SYSTEMS System Designs, Plans and Specifications are no longer required for individual or shared systems 10

11. SUBDIVISION TASK FORCE ADVISORY COUNCIL AGENDA ITEM 4: 2023 Legislative Session and New Legislative Rule Package (Rachel Clark) 11

12. SUBDIVISION TASK FORCE ADVISORY COUNCIL AGENDA ITEM 5: Phase 2 Rule Package 12

13. Phase 2 - Proposed Changes TIMELINE SUB Rule/Circular Updates Internal Development External Input Draft Rule Public Hearing Response to comments 10/1/2023 11/1/2023 12/1/2023 10/1/2024 11/1/2024 12/1/2024 5/1/2023 6/1/2023 7/1/2023 8/1/2023 9/1/2023 1/1/2024 2/1/2024 3/1/2024 4/1/2024 5/1/2024 6/1/2024 7/1/2024 8/1/2024 9/1/2024 ACTIVITY LEG Phase 1 SB 285 Aggregations, storm water and previously approved facilities exemption, SB 327, SB215, HB592, SB237, SB 364 DEQ-8, Stormwater SB285 Stormwater 900-series Local Health Rules Nondegradation Circular SB285 Nitrogen attenuation - By 7/1/24 DEQ-4, On-site Wastewater

14. SUBDIVISION TASK FORCE ADVISORY COUNCIL AGENDA ITEM 6: Subcommittee Progress Reports DEQ-8 (Steve Lipetzky) DEQ-4 (Shawn Rowland) SUBCHAPTER 9 (James Erven) NONDEGRADATION (Eric Regensburger) 14

15. SUBDIVISION TASK FORCE ADVISORY COUNCIL AGENDA ITEM 7: Public Comment AGENDA ITEM 8: Final thoughts and action items, next meeting 15

16. DEQ Performance 16