17.36.610    CERTIFYING AUTHORITY UNDER 76-4-127, MCA

(1) A county water and/or sewer district is eligible to be a certifying authority under 76-4-127, MCA, if the district:

(a) is incorporated under Title 7, chapter 13, MCA;

(b) is in compliance with Title 75, chapters 5 and 6, MCA;

(c) has an on-staff or retained professional engineer to certify compliance with department design standards for water, wastewater, and storm water facilities; and

(d) has a utility master plan approved by the department within the past 10 years that addresses capacity of the water and wastewater systems to serve additional development in compliance with department design circulars.

(2) A municipality is eligible to be a certifying authority under 76-4-127, MCA, if the municipality:

(a) is in compliance with Title 75, chapters 5 and 6, MCA;

(b) has an on-staff or retained professional engineer to certify compliance with department design standards for water, wastewater, and storm water facilities; and

(c) when applicable, certifies the additional connections are subject to the provisions of Title 76, chapter 3, MCA, and the municipality is in compliance with a development plan approved by the department pursuant to ARM 17.38.101(20).

(3) A municipality that has been authorized to act as a certifying authority under this rule may be authorized to approve requests for a subdivision exemption under 76-4-125(1)(d), MCA, if the on-staff or retained professional engineer has completed an annual training program conducted by the department.

  

History: 76-4-104, MCA; IMP, 76-4-104, 76-4-125, 76-4-127, MCA; NEW, 2020 MAR p. 319, Eff. 3/1/20; AMD, 2023 MAR p. 1861, Eff. 12/23/23.