Phase 2 Comprehensive Rule Update Legislative Rule Package Overview
Seven subdivision bills were adopted during the 2023 session, covering various topics such as independent reviewers, cut and fill systems, connection to public sewer systems, and more. The public comment period and hearing are scheduled, with the draft rule to respond to comments by August 25. A bill-to-rule crosswalk provides a detailed comparison of the legislative bills to the updated rules. HB364 outlines the use of independent reviewers and other key provisions for DEQ processes effective from January 1, 2024.
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PHASE 2 COMPREHENSIVE RULE UPDATE LEGISLATIVE RULE PACKAGE Rachel Clark, PE| Engineering Bureau Chief 406-444-1277 | Rachel.clark2@mt.gov 1
Seven Subdivision bills adopted during 2023 Session: HB364: Independent reviewers HB592: Cut and fill systems SB215: Connection to Public Sewer Systems SB237: City Development Plans SB240: Subdivisions exempt from MEPA SB285: Aggregation exemption, storm water exception, previously approved facilities SB327: Source-specific well isolation zones and well envelope Two cleanup provisions Phase 1 cleanup for ESM key depth 2019 change to MFE statute OVERVIEW
Public Comment Period and hearing Publish Notice of Rulemaking Staff Becomes effective August - September October - November Dec 22 Draft Rule respond to comments Now August 25 SCHEDULE
BILL TO RULE CROSSWALK Topic MFE not limited to 1st and 2nd class Cities Cities self-ceritfy MFEs Delegation of PW/PWW reviews to Cities Independent reviewers Cut and fill for new systems Cut and fill for new systems fees for new items Subd must connect if within 1000' City development plans City development plans City development plans Subdivisions exempt from MEPA review Previously approved facilities Storm Water Exception Aggregation Exemption Drainfield design details not needed Source Specific Well Isolation Zones Source Specific Well Isolation Zones Source Specific Well Isolation Zones Source Specific Well Isolation Zones ESM Key depth ESM Key depth Bill 2019 HB55 HB364 HB364 HB364 HB592 HB592 multiple SB215 SB237 SB237 SB237 SB240 SB285 SB285 SB285 SB285 SB327 SB327 SB327 SB327 Sub Ph.1 cleanup Sub Ph.1 cleanup MCA 76-4-127 76-4-127 75-6-121 76-4-114 Session Law Session Law 76-4-105 Session Law TBC 76-4 TBC 76-4 TBC 75-6 TBC 76-4 76-4-104 76-4-104 76-4-125 76-4-104 76-4-102 76-4-102 76-4-102 76-4-102 76-4-104 76-4-104 Action Amend Amend Amend New Rule Amend Amend Amend Amend Amend Amend Amend New Rule Amend Amend Repeal Amend Amend Amend Amend Amend Amend Amend ARM/Circular 17.36.610 17.36.610 17.38.102 New Rule 1 17.36.321 DEQ-4 17.36.802 17.36.123 17.36.123 17.36.610 17.38.101 New Rule 2 17.36.112 17.36.310 17.36.605 DEQ-4 17.36.101 17.36.323 17.36.918 DEQ-20 17.36.914 DEQ-4
HB364 DEQ must contract with independent reviewers to do reviews when we receive 110 or more new files a month. Same training curriculum and fee reimbursement as Contracted Counties. IR has to do MEPA and takings checklists. New Rule 1 page 1 Applies to applications received after January 1, 2024 so rules need to be completed by then. INDEPENDENT REVIEWERS:
INDEPENDENT REVIEWERS NEW FILE STATS Plan and Spec/Subivision Applications Received per Month 160 140 120 110 files/month 100 80 60 40 20 Jan-20 Jan-21 Jan-22 Jan-23
SB240 Subdivisions more than 2 miles from surface water, 14 or fewer residential living units. Cannot be expanded or adjacent to another exempt subdivision. New Rule 2 page 1 SUBDIVISIONS EXEMPT FROM MEPA REVIEW
SB327. Department may approve well isolation zone less than 100 . Proposed: Individual and shared wells only, minimum of 50 . Submit documentation about hydrogeology, well and adjacent sources of pollution. Amend 17.36.101, 17.36.323, 17.36.918 and DEQ-20 pages 2, 5, 8, and 13. SOURCE SPECIFIC WELL ISOLATION ZONES
SB285. Abbreviated review for facilities previously approved by local reviewing authority, if: the facility is not proposed to be changed, is not affected by a proposed change to another facility, meets the design conditions of its existing approval, is operating properly, complies with all current setbacks established in rule, and meets the mixing zone and well isolation zone setbacks established in MCA 76- 4-104 (7)(l) if the lot was created after the effective dates for those facilities. Amend 17.36.112 page 2. PREVIOUSLY APPROVED FACILITIES
SB 215. Municipal and CWSD must accept connection if: Within 1000 of sewer main Immediately adjacent to surface water sharing boundary or on-site surface water Parent system has capacity and water rights to serve the subdivision Amend 17.36.123 page 3. CONNECTION TO PUBLIC SEWER SYSTEMS
SB285 Lots that are using a 76-3-207 Platting Act exemption (except family transfers) do not need storm water review if they will be used for one living unit and each lot has no more than 25% impervious area. Amend 17.36.310 page 4. STORM WATER EXCEPTION:
HB 592. Allow cut and fill for new systems. Cannot be used to overcome horizontal or vertical separation requirements like 4 separation to groundwater. Amend 16.36.321 and Circular DEQ-4 pages 4 and 11. CUT AND FILL SYSTEMS:
HB364 and 2019 HB55. No longer limited to 1st and 2nd class cities. Cities can be trained to approve their own MFEs. Amend 17.36.610 page 5. MUNICIPAL FACILITIES EXEMPTION
Multiple bills. Set fees for: Source-specific well isolation zones ($250) Storm Water exception ($130 per project) MEPA exemption evaluation (actual cost) Previously approved facilities review (drainfield $90, well $110). Amend 17.36.810 page 6. FEES
Phase 1 Rule Package Allow key depth to be used in calculating 4 separation to groundwater. Changed in DEQ rules but not in Circular DEQ-4 or local health rules. Amend 17.36.914 and Circular DEQ-4 pages 8 and 12. ESM KEY DEPTH
SB285. Aggregations are exempt from Sanitation Act review, regardless of whether the impacted parcels have a COSA. Repeal 17.36.605 (3). AGGREGATION EXEMPTION:
