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| Montana Administrative Register Notice 17-295 | No. 19 10/15/2009 | |
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BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On November 4, 2009, at 1:30 p.m., a public hearing will be held in Room 35 of the Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules. 2. The 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, please contact Elois Johnson, Paralegal, no later than 5:00 p.m., October 26, 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: 17.36.802 FEE SCHEDULES (1) An applicant for approval of a division of land into one or more parcels, condominiums, mobile home/trailer courts, recreational camping vehicle spaces, and tourist campgrounds shall pay the following fees:
UNIT UNIT COST TYPE OF LOTS Subdivision lot lot/parcel $ Condominium/trailer court/recreational camping vehicle campground unit/space $ Resubmittal fee – previously approved lot, boundaries are not changed lot/parcel $ TYPE OF WATER SYSTEM Individual or shared water supply system (existing and proposed) unit $ Multiple user system - new system - connection to approved existing distribution system - extension to existing distribution system - new distribution system lot/unit lot/unit lot/unit $250 (plus $ $ $ $ Public water system New system per DEQ-1 - connection to existing system - extension of existing system - new distribution system component lot/structure lot/structure lot/structure per ARM 17.38.106 fee schedule $ $ $ TYPE OF WASTEWATER DISPOSAL Existing systems unit $ New subsurface system drainfield $ New pressure-dosed, elevated sand mound, ET systems, intermittent sand filter, ETA systems, recirculating sand filter, recirculating trickling filter, aerobic treatment unit, design $150 (plus $ Drainfields for pressured-dosed, intermittent sand filter, recirculating sand filter, recirculating trickling filter, aerobic treatment unit, and nutrient removal drainfield $ Gray water reuse systems. This is a stand-alone fee and all gray water reuse systems will be reviewed at the unit cost unit $ 75 (plus $75/hour in excess of two hours Multiple user wastewater system - connection - extension - new collection system lot/unit lot/unit lot/unit $ $ $ New public wastewater system per DEQ-2 - New connection to existing system - New extension to existing public wastewater system - New public wastewater collection system component lot/structure lot/structure per ARM 17.38.106 fee schedule $ $ $ OTHER Deviation from circular request or per design $ (plus $ Waiver from rule request $ Reissuance of original approval statement request $ 50 Municipal facilities exemption checklist (former master plan exemption) application $ Nonsignificance determinations/categorical exemption reviews - individual/shared systems - multiple-user and public systems drainfield lot/structure $ $ Storm drainage plan review - plans exempt from Circular DEQ-8 - Circular DEQ-8 review $ $ Preparation of environmental assessments/environmental impact statements ---- actual cost
AUTH: 76-4-105, MCA 17.36.805 CHANGES IN SUBDIVISION (1) remains the same. (2) Other changes for plan components not listed in ARM 17.36.802 are also subject to additional review fees. The department shall determine the exact amount of the additional fee based on how much review time the change(s) require. Review time must be charged at the rate of $ AUTH: 76-4-105, MCA IMP: 76-4-105, MCA REASON: ARM 17.36.802 and 17.36.805 establish fees for department review of subdivisions under the Sanitation in Subdivisions Act, Title 76, Chapter 4, MCA. The department's subdivision review program is funded entirely by application fees. The fees have not been increased since 2002. Since that time personnel and operating expenses have gone up substantially. The number of applications has dropped significantly in past years, from 1,619 in FY06, 1,443 in FY07, 1,230 in FY08 to 931 in FY09. To save expenses, in August of 2009 the department reduced by 3.0 FTE the number of subdivision staff that are paid by fees, but fee revenues are still insufficient to maintain essential staff levels. The department has drawn down the reserve in the subdivision account, and it is necessary to raise fees to maintain minimum program functions. The proposed amendments would raise subdivision review fees by about 30 to 40%, depending on the review item. The department estimates that the fee increase will affect approximately 900 applicants in the next year, for a total cumulative impact of the increase next year of approximately $300,000. 4. 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, 5. James Madden, attorney, has been designated to preside over and conduct the hearing. 6. The department maintains 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 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. 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 (406) 444-4386; e-mailed to [email protected]; or may be made by completing a request form at any rules hearing held by the department. 7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. Reviewed by: DEPARTMENT OF ENVIRONMENTAL QUALITY /s/ James M. Madden BY: /s/ Richard H. Opper JAMES M. MADDEN RICHARD H. OPPER, Director Rule Reviewer Certified to the Secretary of State, October 5, 2009.
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