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| Montana Administrative Register Notice 17-288 | No. 12 06/25/2009 | |
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On July 24, 2009, at 9:00 a.m., the Board of Environmental Review and the Department of Environmental Quality will hold a public hearing in Room 111, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment and adoption of the above-stated rules. 2. The board and department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact Elois Johnson, Paralegal, no later than 5:00 p.m., July 6, 2009, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail [email protected]. 3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined: 17.30.702 DEFINITIONS The following definitions, in addition to those in 75-5-103, MCA, apply throughout this subchapter (Note: 75-5-103, MCA, includes definitions for "degradation," "existing uses," "high quality waters," "mixing zone," and "parameter"): (1) through (25) remain the same. (26) The board adopts and incorporates by reference: (a) remains the same. (b) (c) and (d) remain the same. IMP: 75-5-303, MCA REASON: The department is proposing to revise Department Circular DEQ-4 to include a new chapter on gray water reuse. The proposed amendment to this rule is necessary to adopt the revised DEQ-4 for purposes of the nondegradation rules adopted under the provisions of the Montana Water Quality Act, Title 75, chapter 5, MCA. The proposed revisions to Circular DEQ-4 are summarized in the Reason for New Rule II. The complete text of the proposed new DEQ-4 chapter is available on the department's web site at http://www.deq.mt.gov/wqinfo/Sub/Index.asp. 17.36.101 DEFINITIONS For purposes of subchapters 1, 3, 6, and 8, the following definitions apply: (1) through (15) remain the same. (16) "Gray water" means wastewater that is collected separately from sewage flow and that does not contain industrial chemicals, hazardous wastes, or wastewater from toilets. (16) remains the same, but is renumbered (17). (18) through (64) remain the same, but are renumbered (19) through (65). AUTH: 76-4-104, MCA IMP: 76-4-104, MCA REASON: The proposed new definition of "gray water" is the definition of the term as set out in statute at 75-5-325, MCA. A definition of "gray water" in this rule is necessary to implement New Rule I, which identifies requirements for use of gray water for irrigation in subdivisions reviewed by the department under the Sanitation in Subdivisions Act, Title 76, chapter 4, MCA. Repeating the statutory definition in the rules will facilitate the implementation of New Rule I. The proposed modification to the definition of "holding tank" is necessary to clarify that tanks in gray water systems that comply with New Rule I are not subject to the restrictions on holding tanks set out elsewhere in the subdivision rules. 17.36.102 APPLICATION--GENERAL (1) through (5) remain the same. (6) If a proposed subdivision includes facilities for subsurface wastewater disposal, including gray water irrigation AUTH: 76-4-104, MCA REASON: The proposed amendment to ARM 17.36.102 is necessary to clarify that gray water irrigation systems addressed in New Rule I are a type of subsurface wastewater disposal system for which notice to the local board of health is required before submitting a subdivision application to the department. As provided in New Rule I, gray water irrigation systems that comply with the requirements of New Rule I are not subject to other wastewater system requirements in the subdivision rules except where those other requirements are expressly referenced by New Rule I. 17.36.103 APPLICATION--CONTENTS (1) In addition to the completed application form required by ARM 17.36.102, the following information must be submitted to the reviewing authority as part of a subdivision application: (a) through (h)(iv) remain the same. (i) if gray water irrigation systems are proposed: (i) descriptions of the soils within 25 feet of proposed gray water irrigation areas. Soils must be described in accordance with Appendix B of Department Circular DEQ-4. Each test hole must be keyed by a number on a copy of the lot layout or map with the information provided in the report; and (ii) the location and design of the proposed systems; (i) through (q) remain the same, but are renumbered (j) through (r). AUTH: 76-4-104, MCA REASON: The proposed amendments to ARM 17.36.103 require that subdivision applications contain soil information when gray water irrigation systems are proposed. Including soil information about the site of a proposed gray water system is necessary to allow the department to evaluate the suitability of the site under the standards in New Rule I and Department Circular DEQ-4. 17.36.104 APPLICATION-- (2) The following information must be provided on the lot layout document. Other information (e.g., percolation test results, soil profile descriptions) may be included on the lot layout document only if the document remains legible: (a) through (i) remain the same. (j) information as set out in Table 1 for the specific water supply and wastewater systems in the subdivision. All systems must be labeled as "existing" or "proposed TABLE 1 REQUIREMENTS FOR LOT LAYOUTS
AUTH: 76-4-104, MCA REASON: The proposed amendment to Table 1 in ARM 17.36.104 requires subdivision applications show, on a lot layout document, the location of proposed gray water irrigation systems. Showing the location of a proposed gray water system is necessary to assist the department in evaluating the suitability of the site under the standards in New Rule I and Department Circular DEQ-4. 17.36.323 SEWAGE SYSTEMS: HORIZONTAL SETBACKS; WAIVERS (1) Minimum horizontal setback distances (in feet) shown in Table 3 of this rule must be maintained. The setbacks in this rule are not applicable to gray water irrigation systems that meet the requirements of [NEW RULE I]. (2) through (4) and Table 3 remain the same. AUTH: 76-4-104, MCA IMP: 76-4-104, MCA REASON: The proposed amendment to ARM 17.36.323 exempts gray water irrigation systems from the setbacks in this rule. The setbacks applicable to gray water irrigation systems in subdivisions are set out in New Rule I, and are discussed in the Reason for New Rule II. This amendment is necessary to implement the specific gray water system setbacks in New Rule I. 17.36.345 ADOPTION BY REFERENCE (1) For purposes of this chapter, the department adopts and incorporates by reference the following documents. All references to these documents in this chapter refer to the edition set out below: (a) through (c) remain the same. (d) Department Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatment Systems," (e) through (2) remain the same. AUTH: 76-4-104, MCA IMP: 76-4-104, MCA REASON: The department is proposing to revise Department Circular DEQ-4 to include a new chapter on gray water reuse. The proposed amendment to this rule is necessary to adopt the revised DEQ-4 for purposes of the subdivision rules adopted under the provisions of the Sanitation in Subdivisions Act, Title 76, chapter 4, MCA. A summary of the revisions to DEQ-4 is contained in the Reason for New Rule II. The complete text of the proposed new DEQ-4 chapter is available on the department's web site at http://www.deq.mt.gov/wqinfo/Sub/Index.asp. 17.36.911 SCOPE (1) remains the same. (2) Under 50-2-116, MCA, local boards of health must adopt regulations no less stringent than this subchapter 9 for wastewater treatment systems for private and public buildings AUTH: 75-5-201, MCA IMP: 75-5-305, MCA REASON: The rules in ARM Title 17, chapter 36, subchapter 9 contain the Board of Environmental Review's minimum wastewater standards for local boards of health to use when issuing wastewater system permits under 50-2-116, MCA. In 2007 the Legislature added the term "facilities" to section 50-2-116, MCA. The proposed addition of the term "facilities" to ARM 17.36.911 is necessary to conform the rule to the statute. The reference to October 1, 1991, in the rule is proposed to be deleted. Although that was the date that the referenced statute became effective, the date is not set out in the statute itself. Deletion of the date from the rule is necessary to avoid conflict with ARM 17.36.920, which authorizes local boards to require a permit for alteration, repair, or extension of any wastewater system, including those installed before October 1, 1991. 17.36.912 DEFINITIONS For purposes of this subchapter, the following definitions apply: (1) through (7) remain the same. (8) "Experimental system" means a wastewater treatment system for which specific design standards are not provided in (9) and (10) remain the same. (11) "Gray water" means wastewater (12) remains the same. (13) "Holding tank" means a watertight receptacle that receives wastewater for retention and does not, as part of its normal operation, dispose or treat the wastewater. The term does not include surge tanks used in a gray water irrigation system if the system meets the requirements of [NEW RULE II]. (14) through (34) remain the same. (35) "Variance" means the grant, pursuant to ARM 17.36.922, by the reviewing authority of an exception to the minimum requirements set out in this subchapter or (36) and (37) remain the same. AUTH: 75-5-201, MCA IMP: 75-5-305, MCA REASON: Department Circulars DEQ-4 and DEQ-2 are adopted by reference in ARM 17.36.914, where the Circulars are identified by edition date. The edition dates elsewhere in the rules are proposed to be deleted because they are unnecessary at those locations. The proposed new definition of "gray water" is the definition of the term as set out in statute at 75-5-325, MCA. A definition of "gray water" in this rule is necessary to implement New Rule II, which identifies requirements for use of gray water for irrigation. Repeating the statutory definition in the rules will facilitate the implementation of New Rule II. The proposed modification to the definition of "holding tank" is necessary to clarify that tanks in gray water systems that comply with New Rule II are not subject to the restrictions on holding tanks set out elsewhere in ARM Title 17, chapter 36, subchapter 9. 17.36.914 WASTEWATER TREATMENT SYSTEMS - TECHNICAL REQUIREMENTS (1) Except as provided in ARM 17.36.916, all wastewater treatment systems must be designed and constructed in accordance with the applicable requirements in ARM 17.36.913 and in (2) Department Circular DEQ-4, (3) through (7) remain the same. AUTH: 75-5-201, MCA IMP: 75-5-305, MCA REASON: The department is proposing to revise Department Circular DEQ-4 to include a new chapter on gray water reuse. The proposed amendment to this rule is necessary to adopt the revised DEQ-4. The proposed revisions to Circular DEQ-4 are summarized in the Reason for New Rule II. The complete text of the proposed new DEQ-4 chapter is available on the department's web site at http://www.deq.mt.gov/wqinfo/Sub/Index.asp. Department Circular DEQ-2 is referred to in the definition of "experimental system" in ARM 17.36.912. Circular DEQ-2 is proposed to be adopted by reference here for the purpose of implementing that definition. 17.36.916 ABSORPTION BEDS, HOLDING TANKS, SEEPAGE PITS, PIT PRIVIES, CESSPOOLS - TECHNICAL REQUIREMENTS AND PROHIBITIONS (1) The wastewater treatment systems described in (3) through (7) may be allowed only if the reviewing authority determines that: (a) site constraints prevent the applicant from constructing any system described in (b) through (2) remain the same. (3) Absorption beds may be used for replacement systems only and may not be constructed in unstabilized fill. Absorption beds must also meet the design and construction requirements in (4) Seepage pits may be used for replacement systems only, and only when no other means of treatment and disposal is available. (a) remains the same. (b) Permit applications for seepage pits must include plans for the proposed pit. Seepage pits must meet the design and construction requirements in (5) Holding tank systems may be approved only if the facility to be served is for seasonal use. (a) remains the same. (b) Holding tanks must meet the design and construction requirements in (c) through (c)(iv) remain the same. (6) Sealed pit privy systems may be approved only if the facility to be served does not have a piped water supply, and the facility is a seasonal-use recreational site. (a) Permit applications for sealed pit privies must include plans for the proposed sealed pit. Sealed pit privy systems must meet the design and construction requirements in (7) and (8) remain the same. AUTH: 75-5-201, MCA IMP: 75-5-305, MCA REASON: Department Circular DEQ-4 is adopted by reference in ARM 17.36.914, where the Circular is identified by edition date. The Circular edition dates elsewhere in the rules are proposed to be deleted because they are unnecessary at those locations. 17.36.918 HORIZONTAL SETBACKS, FLOODPLAINS (1) through (4) remain the same. (5) The setbacks in this rule are not applicable to gray water irrigation systems that meet the requirements of [NEW RULE II]. AUTH: 75-5-201, MCA IMP: 75-5-305, MCA REASON: The proposed amendment to ARM 17.36.918 exempts gray water irrigation systems from the setbacks in that rule. The setbacks applicable to gray water irrigation systems are set out in New Rule II. This amendment is necessary to implement the specific gray water system setbacks in New Rule II. 17.36.922 LOCAL VARIANCES (1) through (3) remain the same. (4) The local board of health's decision regarding a variance of a requirement in this subchapter or in AUTH: 75-5-201, MCA IMP: 75-5-305, MCA REASON: Department Circular DEQ-4 is adopted by reference in ARM 17.36.914, where the Circular is identified by edition date. The Circular edition dates elsewhere in the rules are proposed to be deleted because they are unnecessary at those locations. 17.38.101 PLANS FOR PUBLIC WATER SUPPLY OR WASTEWATER SYSTEM (1) through (3)(k)(ii) remain the same. (4) A person may not commence or continue the construction, alteration, extension, or operation of a public water supply system or wastewater system until the applicant has submitted a design report along with the necessary plans and specifications for the system to the department or a delegated division of local government for its review and has received written approval. Three sets of plans and specifications are needed for final approval. Approval by the department or a delegated division of local government is contingent upon construction and operation of the public water supply or wastewater system consistent with the approved design report, plans, and specifications. Failure to construct or operate the system according to the approved plans and specifications or the department's conditions of approval is an alteration for purposes of this rule. Design reports, plans, and specifications must meet the following criteria: (a) through (d) remain the same. (e) the board adopts and incorporates by reference [NEW RULE I] for purposes of review of public gray water irrigation systems. The design report, plans, and specifications for public gray water irrigation systems must be prepared in accordance with [NEW RULE I], and in accordance with the format and criteria set forth in Department Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatment Systems." For purposes of this chapter, "gray water" means wastewater that is collected separately from a sewage flow and that does not contain industrial chemicals, hazardous wastes, or wastewater from toilets. (e) through (i) remain the same, but are renumbered (f) through (j). (5) through (15) remain the same. (16) For purposes of this chapter, the department adopts and incorporates by reference the following documents. All references to these documents in this chapter refer to the edition set out below: (a) through (c) remain the same. (d) Department of Environmental Quality Circular DEQ-4, (e) through (17) remain the same. AUTH: 75-6-103, MCA IMP: 75-6-103, 75-6-112, 75-6-121, MCA REASON: The proposed amendments to ARM 17.38.101 adopt New Rule I and the revised Circular DEQ-4 by reference. The amendments are necessary to establish the standards the department will use when it reviews, under the public water and sewer laws in Title 75, chapter 6, MCA, plans and specifications for public gray water irrigation systems. The proposed revisions to Circular DEQ-4 are summarized in the Reason for New Rule II. The complete text of the proposed new DEQ-4 chapter is available on the department's web site at http://www.deq.mt.gov/wqinfo/Sub/Index.asp. 17.55.102 DEFINITIONS In this subchapter the following terms have the meanings indicated below and are supplemental to the definitions in 75-10-701, MCA: (1) through (5)(c) remain the same. (6) The department adopts and incorporates by reference AUTH: 75-10-702, MCA IMP: 75-10-702, 75-10-704, MCA REASON: The department is proposing to delete the reference to Department Circular DEQ-4 from the CECRA rules. The incorporation by reference is superfluous because DEQ-4 is not mentioned elsewhere in the CECRA rules. 4. The proposed new rules provide as follows: NEW RULE I GRAY WATER REUSE (1) This rule applies to gray water reuse on subdivision parcels that are subject to review, or that have been approved, under Title 76, chapter 4, MCA. (2) Except as provided in (3) and (4), treatment and disposal of gray water must be by means of a wastewater treatment system that meets all of the requirements of this chapter and applicable department circulars. Gray water reuse within a building or residence for uses such as toilet flushing is permitted without review, provided that the gray water is ultimately disposed of by means of a wastewater treatment system that is in compliance with this chapter and applicable department circulars. (3) Gray water may be used for irrigation as provided in (4). If a gray water irrigation system meets all of the requirements in (4), the system is not subject to the requirements of subchapter 3. (4) Gray water that is collected separately from sewage flow and that does not contain industrial chemicals, hazardous wastes, or wastewater from toilets may be used for irrigation, if the following requirements are met: (a) prior to installation, a gray water irrigation system must have a permit from the local health department; (b) gray water irrigation must be subsurface, with a collection and application system that is designed, installed, and used in accordance with Department Circular DEQ-4; (c) as provided in 75-5-326, MCA, gray water may not be used to irrigate plants to be consumed by humans, and gray water systems may not be located within a floodplain, as defined in 76-5-103, MCA. For purposes of this rule, "plants to be consumed by humans" does not include nut and fruit trees; (d) there must be a minimum of four feet of natural soil between the point of gray water application and a limiting layer, as defined in ARM 17.36.101; (e) unless a waiver is granted by the department, the following horizontal setback distances must be maintained. Gray water irrigation may not occur within: (i) 100 feet of drinking water wells; (ii) 50 feet of non drinking water wells; (iii) 100 feet of surface water; (iv) 100 feet of a floodplain; or (v) two feet of a property line; (f) gray water from kitchens may be used for irrigation only where a waste segregation system is used. For purposes of this rule, a "waste segregation system" consists of dry disposal of toilet waste by a method such as composting, chemical, dehydrating, or incinerator treatment, with a separate disposal method for gray water; (g) gray water irrigation systems in subdivisions may not be installed unless approved under Title 76, chapter 4, MCA. If a system complies with (4)(a) through (e), review under Title 76, chapter 4, MCA, is not required if the system serves: (i) a parcel that has a previous certificate of subdivision approval issued pursuant to Title 76, chapter 4, MCA, if no other changes to the certificate are proposed, except that review under Title 75, chapter 6, MCA, is required before a public wastewater system is modified to include a gray water irrigation system; or (ii) a parcel that, when created, was exempt from review under Title 76, chapter 4, MCA, because it was served solely by municipal facilities, as defined in 76-4-102, MCA. (5) Subdivision applications must contain descriptions of the soils within 25 feet of proposed gray water irrigation areas. Soils must be described in accordance with Appendix B of Department Circular DEQ-4. Each test hole must be keyed by a number on a copy of the lot layout or map with the information provided in the report. (6) Gray water irrigation systems with a design flow greater than or equal to 2500 gallons per day must be designed by a professional engineer. (7) The department may require user agreements for systems that serve more than one user. The department may require easements for systems that cross property lines. AUTH: 76-4-104, MCA IMP: 76-4-104, MCA REASON: New Rule I is proposed for adoption by the department under the authority of the Sanitation in Subdivisions Act, Title 76, chapter 4, MCA. New Rule I sets out requirements for gray water irrigation systems in subdivisions that are reviewed under the Sanitation Act. Most of the requirements in New Rule I are the same as those in New Rule II, and those provisions are discussed in the Reason for New Rule II. New Rule I(4)(g), which has no parallel provision in New Rule II, provides that department review of proposed gray water systems on subdivision parcels is not required if no other changes are proposed to facilities on the parcel, the proposed gray water system meets the requirements of New Rule II and DEQ-4 as determined through the permit process by the local health department, and the parcel either has prior department approval under the Sanitation Act or was excluded from Sanitation Act review when created because it is served by municipal facilities. These exemptions from department review are necessary to facilitate installation of gray water irrigation systems on existing parcels. Review by the state is not necessary because compliance with the requirements of the new rules and DEQ-4 for proposed systems on these parcels will be achieved through the local permit process. NEW RULE II GRAY WATER REUSE (1) Except as provided in (2) and (3), treatment and disposal of gray water must be by means of a wastewater treatment system that meets all of the requirements of this subchapter and applicable department circulars. Gray water reuse within a building or residence for uses such as toilet flushing is permitted without a permit under this subchapter, provided that the gray water is ultimately disposed of by means of a wastewater treatment system that is in compliance with this subchapter and applicable department circulars. (2) Gray water may be used for irrigation as provided in (3). If a gray water irrigation system meets all of the requirements in (3), the system is not subject to the requirements of ARM 17.36.914, 17.36.916, and 17.36.918. (3) Gray water that is collected separately from sewage flow and that does not contain industrial chemicals, hazardous wastes, or wastewater from toilets may be used for irrigation, if the following requirements are met: (a) prior to installation, a gray water irrigation system must obtain a permit under this subchapter; (b) gray water irrigation must be subsurface, using a collection and application system that is designed, installed, and used in accordance with Department Circular DEQ-4; (c) as provided in 75-5-326, MCA, gray water may not be used to irrigate plants to be consumed by humans, and gray water systems may not be located in a floodplain, as defined in 76-5-103, MCA. For purposes of this rule, "plants to be consumed by humans" does not include nut and fruit trees; (d) there must be a minimum vertical separation of four feet of natural soil between the point of gray water application and a limiting layer, as defined in ARM 17.36.912; (e) gray water irrigation may not occur within: (i) 100 feet of drinking water wells; (ii) 50 feet of non drinking water wells; (iii) 100 feet of surface water; (iv) 100 feet of a flood plain; or (v) two feet of a property line; (f) gray water from kitchens may be used for irrigation only where a waste segregation system is used. For purposes of this rule, a "waste segregation system" consists of dry disposal of toilet waste by a method such as composting, chemical, dehydrating, or incinerator treatment, with a separate disposal method for gray water; (g) if required under Title 76, chapter 4, MCA, and implementing rules, a gray water irrigation system must obtain subdivision approval from the department. (4) Soil descriptions must be provided for each proposed gray water irrigation system. Soils must be described in accordance with Appendix B of Department Circular DEQ-4. (5) Gray water irrigation systems with a design flow greater than or equal to 2500 gallons per day must be designed by a professional engineer. (6) The reviewing authority may require user agreements for systems that serve more than one user. The reviewing authority may require easements for systems that cross property lines. AUTH: 75-5-201, MCA IMP: 75-5-305, MCA REASON: Section 75-5-305, MCA, directs the Board of Environmental Review to establish rules for gray water reuse systems. New Rule II is the board's proposed gray water rule, which will be codified in ARM Title 17, chapter 36, subchapter 9, which contains the board's wastewater standards for use by local boards of health. New Rule II sets out requirements for gray water irrigation systems and incorporates additional requirements from a new chapter in Department Circular DEQ-4. The provisions of New Rule II are very similar to those in New Rule I. This Reason for New Rule II addresses the provisions that are common to both New Rule I and New Rule II, as well as provisions unique to New Rule II. Provisions unique to New Rule I are discussed in the Reason for New Rule I. New Rule II starts with the general requirement that gray water treatment and disposal be achieved by means of a treatment system that meets all of the requirements of this subchapter and applicable department circulars. This provision is necessary to clarify that gray water is wastewater that is subject to the requirements in state and local laws for proper treatment and disposal. New Rule II then provides that, where gray water is used for irrigation, only the requirements of New Rule II and Department Circular DEQ-4 apply. These requirements, which are less restrictive than those for full strength sewage, are intended to facilitate reuse of gray water for irrigation while retaining protections for human health and the environment. The rule does not apply to reuse of gray water for purposes such as toilet flushing, provided that the gray water is ultimately disposed of in an approved system. Prior to installation, a gray water irrigation system must be permitted by the local health department under the authority in 50-2-116, MCA. This requirement is necessary to meet the requirements in local Title 50 permit rules and to provide a review process that will ensure that the system is designed in accordance with the standards in New Rule II and Department DEQ-4. For proposed gray water irrigation systems in subdivision parcels subject to the Sanitation Act, New Rule I requires both department and local review of the proposed gray water irrigation system, with some exceptions for department review, as discussed in the Reason for New Rule I. Gray water irrigation must be subsurface. This requirement is necessary to minimize human and animal exposure to pathogens that may be in gray water. As provided by statute, gray water may not be used to irrigate plants to be consumed by humans. New Rule II interprets the statute to allow gray water irrigation of fruit and nut trees, because the fruit or nut that is consumed by humans is not the same part of the plant that is in direct contact with gray water, and any pollutants or pathogens will not transfer to the fruit or nuts. New Rule II requires a minimum vertical separation of four feet of natural soil between the gray water application point and a limiting layer such as ground water or bedrock. This requirement is necessary to provide a soil separation and treatment medium for gray water that will remove pathogens before gray water enters ground water or fractures connected to ground water. As discussed below, the proposed revisions to DEQ-4 will allow installation of gray water irrigation systems in fill, as long as the four feet of natural soil separation also exists. The horizontal setbacks in New Rule II(3)(e) are a partial list of those in ARM 17.36.918 for full-strength wastewater systems. The setbacks in the New Rule are necessary to protect wells and surface waters from contamination by gray water. The setback between gray water irrigation and property lines is reduced to two feet to allow for irrigation of plants on property boundaries. No setback between gray water irrigation and foundation walls is required, in order to allow for irrigation of plants that border buildings. The setbacks in New Rule II do not include those in ARM 17.36.918 for roadcuts, suction lines, or subsurface drains. These setbacks are not needed, since the design of gray water irrigation systems will maximize uptake by plants. New Rule II prohibits irrigation with gray water from kitchens, except where there is no alternative because the black water disposal system is a dry system, such as a composting, chemical, dehydrating, or incinerator system. The restriction on irrigation with kitchen water is necessary to minimize potential exposure to pathogens that may be in wastewater generated from food preparation. New Rule II requires that soil descriptions be provided for the site of proposed gray water irrigation systems. A similar requirement is proposed in the subdivision rules at ARM 17.36.103. Including soil information for gray water systems is necessary to allow the reviewing authority to evaluate the suitability of the site under the standards in New Rule II and DEQ-4. Gray water irrigation systems with a design capacity equal to or greater than 2500 gallons per day must be designed by a professional engineer. The requirement for an engineered design is necessary because of the size and complexity of the larger systems. Where a system serves more than one user, a user agreement may be necessary to establish responsibility for maintenance. The proposed rules allow the reviewing authority to require a user agreement in those circumstances. The proposed rules also allow the reviewing authority to require easements where necessary to provide access for maintenance. Proposed Revisions to Department Circular DEQ-4 The department is proposing to issue a new chapter in Department Circular DEQ-4 with design standards for gray water irrigation systems. A summary of the main provisions of the proposed new chapter is set out below. The complete text of the proposed new DEQ-4 chapter is available on the department's web site at http://www.deq.mt.gov/wqinfo/Sub/Index.asp. Section 1 contains general standards applicable to gray water irrigation systems, some of which restate the provisions of the statute and rules. Restatement of these requirements in the Circular is necessary to provide a complete statement of applicable requirements in one place. The requirements of the statute and rules are discussed above. Section 1 provides that gray water irrigation systems that meet the requirements of this chapter of the Circular are not subject to the requirements in other chapters of the Circular, except as specifically referenced in this chapter. The creation of a "one-stop" chapter for gray water irrigation is necessary to make it easier for system designers to identify and comply with all applicable requirements. Section 1 requires that gray water irrigation piping be identified as nonpotable through use of purple piping and continuous marking. Tanks, pumps, and other equipment must be labeled as nonpotable. The labeling requirements are necessary to prevent accidental cross-connection between gray water and drinking water lines. For gray water irrigation systems on parcels served by a public wastewater system, Section 1 requires a letter of approval from the managing entity of the public system. This requirement is necessary to identify any conflicts with municipal ordinances. Section 1 allows gray water irrigation systems to be augmented with potable water or storm water, but recommends that the Department of Natural Resources be consulted about the need for a water right permit to appropriate storm water for irrigation. This provision is necessary to provide flexibility for gray water designers, and to inform designers of other permits that may be required. Section 3 requires that the volume of any storm water collected from roofs and diverted to the gray water system be included in the design capacity. Sections 2 and 3 set out more specific design requirements for gray water irrigation systems. Table 1 provides estimated gray water flow rates based on the number of occupants of a building and the source of the gray water. Nonresidential flow rates must be proposed by the designer and approved on a case-by-case basis. Gray water systems must also have minimum absorption areas based on soil types as described in Chapter 8 and Appendix B of DEQ-4. These requirements are necessary to ensure proper system operation and to minimize ponding and runoff. For gray water systems that augment with potable water, a method of backflow prevention must be used to prevent contamination of potable water lines. This requirement is necessary to protect the potable water system from contamination. Gray water systems that are not designed to prevent freezing must be used in conjunction with a year-round method of wastewater treatment that is sized to accept both gray water and black water. The gray water system must not adversely impact the functioning of the year round system. These provisions are necessary to ensure that all wastewater is appropriately treated year-round. Section 2 allows installation of gray water systems in fill, although there must also be four feet of natural soil separation between the point of gray water application or fill and a limiting layer such as bedrock or groundwater. This provision is necessary to facilitate use of gray water irrigation in raised beds, so long as the four-foot natural soil separation requirement is met. Section 3 prevents use of hose bibs on gray water systems. This is necessary to avoid accidental surface use of gray water. Surge tanks are not required for gray water irrigation systems unless the system is pressure dosed. Section 3 sets out standards for surge tanks if they are utilized. Surge tanks must be covered, must be plumbed and vented in accordance with the plumbing code, and must be installed in a manner designed for stability and ease of maintenance. Tanks must have an overflow pipe and emergency drain connected to the primary wastewater system, or to a second surge tank if waste segregation systems are used. These requirements are necessary to ensure proper functioning of surge tanks. For tanks in pressure dosed systems, Section 3 sets out requirements necessary for proper functioning. High water alarms are required for tanks with pumps. Tanks must have a reserve volume equivalent to 25% of the design flow. Cleanouts must be provided at the end of every lateral. Section 3 recommends a minimum dose volume and maximum dose duration, and recommends that dosed irrigation systems be field tested to verify uniform distribution. Section 4 states that property owners are responsible for proper operation and maintenance of their gray water irrigation systems. This provision is necessary to clarify that the reviewing authority does not assume responsibility for system operation and maintenance. For larger systems, an operation and maintenance manual must be submitted to the reviewing authority in accordance with Appendix D of DEQ-4. This is necessary to ensure that larger systems have a written procedure to ensure proper operation and maintenance. 5. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 6. The Board of Environmental Review will preside over and conduct the hearing. 7. The board and department maintain a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supplies; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406) 444-4386, e-mailed to Elois Johnson at [email protected]; or may be made by completing a request form at any rules hearing held by the board or department. 8. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The rules in this notice are the first rules to implement HB 259 (2007), which required the Board of Environmental Review to address uses of gray water, and the first to implement HB 285 (2009), which required the gray water rules to address uses other than single-family residential. The sponsor of HB 259 and HB 285 was contacted by a letter dated April 28, 2008, that the Department was beginning to work on the substantive content of the standards for gray water irrigation systems, and was contacted by letter dated May 20, 2009, that the rules were the first to implement HB 285 (2009). Reviewed by: BOARD OF ENVIRONMENTAL REVIEW /s/ James M. Madden BY: /s/ Joseph W. Russell JAMES M. MADDEN JOSEPH W. RUSSELL, M.P.H., Rule Reviewer Chairman DEPARTMENT OF ENVIRONMENTAL QUALITY BY: /s/ Richard H. Opper RICHARD H. OPPER, Director Certified to the Secretary of State, June 15, 2009. |
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