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| Montana Administrative Register Notice 17-318 | No. 7 04/14/2011 | |
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF
TO: All Concerned Persons 1. On May 11, 2011, at 1:30 p.m., the Board of Environmental Review will hold a public hearing in Room 111, 2. The board 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., April 25, 2011, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, 3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined: 17.38.101 PLANS FOR PUBLIC WATER SUPPLY OR WASTEWATER SYSTEM (1) and (2) remain the same. (3) As used in this rule, the following definitions apply in addition to those in 75-6-102, MCA: (a) through (e)(ii) remain the same. (f) "Rural distribution system" means those portions of a water distribution system that are outside the limits of a city or town and that: (i) have fewer than one service connection per mile on average; (ii) are constructed of water mains six inches in diameter or less; and (iii) do not provide fire flows. (f) through (l)(ii) remain the same, but are renumbered (g) through (m)(ii). (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 (i) remain the same. (j) the department may grant a deviation from the standards referenced in (4)(a) through (5) through (18) remain the same. AUTH: 75-6-103, MCA IMP: 75-6-103, 75-6-112, 75-6-121, MCA 17.38.106 FEES (1) remains the same. (2) Department review will not be initiated until fees calculated under (2)(a) through (e) and (5) have been received by the department. If applicable, the final approval will not be issued until the calculated fees under (3) and (4) have been paid in full. The total fee for the review of a set of plans and specifications is the sum of the fees for the applicable parts or subparts listed in these citations. (a) The fee schedule for designs requiring review for compliance with Department Circular DEQ-1 is set forth in Schedule I, as follows: SCHEDULE I Policies ultra violet disinfection.......................................................................... $ 700 point-of-use/point-of-entry treatment................................................... $ 700 Section 1.0 Engineering Report...................................................................... $ 280 Section 3.1 Surface water quality and quantity............................................................................... $ 700 structures............................................................................................... $ 700 Section 3.2 Ground water................................................................................ $ 840 Section 4.1 Clarification standard clarification............................................................................ $ 700 solid contact units................................................................................. $ 1,400 Section 4.2 Filtration rapid rate............................................................................................... $ 1,750 pressure filtration................................................................................. $ 1,400 diatomaceous earth............................................................................ $ 1,400 slow sand.............................................................................................. $ 1,400 direct filtration....................................................................................... $ 1,400 biologically active filtration.................................................................. $ 1,400 membrane filtration.............................................................................. $ 1,400 micro and ultra filtration....................................................................... $ 1,400 bag and cartridge filtration................................................................... $ 420 Section 4.3 Disinfection................................................................................... $ 700 Section 4.4 Softening....................................................................................... $ 700 Section 4.5 Aeration natural draft............................................................................................. $ 280 forced draft............................................................................................. $ 280 spray/pressure....................................................................................... $ 280 packed tower.......................................................................................... $ 700 Section 4.6 Iron and manganese..................................................................... $ 700 Section 4.7 Fluoridation.................................................................................... $ 700 Section 4.8 Stabilization................................................................................... $ 420 Section 4.9 Taste and odor control.................................................................. $ 560 Section 4.10 Microscreening........................................................................... $ 280 Section 4.11 Ion exchange............................................................................... $ 700 Section 4.12 Adsorptive media....................................................................... $ 700 Chapter 5 Chemical application...................................................................... $ 980 Chapter 6 Pumping facilities............................................................................ $ 980 Section 7.1 Plant storage................................................................................. $ 980 Section 7.2 Hydropneumatic tanks.................................................................. $ 420 Section 7.3 Distribution storage...................................................................... $ 980 Section 7.4 Cisterns.......................................................................................... $ 420 Chapter 8 Distribution system per lot fee................................................................................................ $ 70 non-standard specifications................................................................. $ 420 transmission distribution (per lineal foot)............................................ $ 0.25 rural distribution system (per lineal foot).............................................. $ 0.03 Chapter 9 Waste disposal................................................................................ $ 700 Appendix A new systems........................................................................................... $ 280 modifications.......................................................................................... $ 140 (b) through (7) remain the same. AUTH: 75-6-108, MCA IMP: 75-6-108, MCA REASON: The proposed amendments to ARM 17.38.101 provide a definition for "rural distribution system" and correct an erroneous internal reference in ARM 17.38.101(4)(j). The proposed definition of "rural distribution system" is necessary to implement the reduced design review fees for those systems as proposed in the amendments to ARM 17.38.106, discussed below. Rural distribution systems are those that are outside of cities and that have mains with relatively simple construction and long stretches of mains without service connections. ARM 17.38.101(4)(j) authorizes deviations from standards referenced in (4)(a) through (f). The standards that were intended to be referenced were those in (4)(a) through (e), which are department circulars and rules incorporated in this rule by reference. The proposed amendment is necessary to conform the language of the rule to the original intent. The proposed amendment to ARM 17.38.106 adds a new fee category for rural distribution systems. The new rate will reduce fees for review of those systems. These systems have large distribution systems but are fairly simple to review. The new lower fee rate is necessary in order for the review fee to reflect actual review costs to the department, as required under 75-6-108(3), MCA. Systems that would submit plans under this new definition and fee schedule would see a significant reduction in their review fees, from 25 cents/lineal foot to three cents/ lineal foot. The department does not have sufficient information to estimate the number of fee payers nor the lineal feet of distribution systems that may be affected by the reduced fee. 17.38.502 DEFINITIONS (1) remains the same. (2) "Water hauler" is a person engaged in the business of transporting water, AUTH: 75-6-103, MCA IMP: 75-6-103, MCA REASON: The proposed amendment to ARM 17.38.502 is necessary to clarify that the water hauler requirements apply only to non-piped means of delivery. The amendments also conform the rule to the current definition of "public water supply system" set forth in 75-6-104(14), MCA. 17.38.511 WATER SUPPLY (1) Water to be hauled must be taken from a (2) (3) If a water hauler's public water supplier is in compliance with the monitoring and maximum contaminant level requirements set forth in ARM Title 17, chapter 38, subchapter 2, the water hauler is not required to duplicate the entry point sampling of the supplier unless specifically required to do so by the department. AUTH: 75-6-103, MCA IMP: 75-6-103, MCA REASON: The proposed amendments to ARM 17.38.511(1) clarify that a water hauler's supply must be a department-approved community public water supply system. Because water haulers are regulated as community systems, the water they haul must be received from a system designed and monitored as such. The proposed amendments also clarify that water loading stations require department approval. This amendment is necessary to comply with existing department requirements for loading stations in Department Circular DEQ-1. Proposed (2) removes the reference to the department or its representatives conducting biological sampling. This has not been actual department practice because of limited staff resources, and amending the rule is necessary to clarify that bacteriological sampling is the obligation of the water hauler. Finally, proposed (3) provides that water haulers are not required to duplicate the entry point sampling of their supplier if the supplier is in compliance with the requirements in ARM Title 17, chapter 38, subchapter 2. This amendment is necessary to help regulated haulers in determining applicable sampling requirements. 17.38.513 CHEMICAL TREATMENT OF WATER (1) (2) (a) one chlorine residual result for each day water is delivered, taken from the load with the lowest monitored residual result; and (b) for days that a hauler obtains and delivers water from multiple public water suppliers, one chlorine residual result per supplier per day, taken from the loads with the lowest monitored residual result. (3) Water haulers using an approved chloraminated source of water shall monitor, record, and report residuals as required in (1) and (2), but are not required to adjust total chlorine levels. AUTH: 75-6-103, MCA IMP: 75-6-103, MCA REASON: The proposed amendments to ARM 17.38.513(1) clarify that the residual of 0.4 mg/L of free or total chlorine is a minimum that must be maintained at the time the water hauling equipment is filled and at the time the water is delivered to the receiving system. Water haulers are not responsible for the quality of the water after it enters the receiving system. The amendments also require that the hauler use department-approved methods to monitor chlorine residuals. The proposed amendments to ARM 17.38.513(2) provide that each load of hauled water must be monitored, and specify the time and manner of reporting the results to the department. Proposed (3) clarifies the requirements for haulers that utilize a chloraminated source of water. Because of the complications associated with adding chlorine to chloraminated water, as well as the regulatory requirements applicable to the supplier, haulers utilizing chloraminated sources of water are required only to monitor and report the chloramines level of the water, and are not required to treat the water. The proposed amendments to this rule are necessary to ensure the safety of hauled water, which has an increased potential of being exposed to sources of contamination. 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, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to [email protected], no later than 5:00 p.m., May 12, 2011. To be guaranteed consideration, mailed comments must be postmarked on or before that date. 5. Katherine Orr, attorney for the board, or another attorney for the Agency Legal Services Bureau, has been designated to preside over and conduct the hearing. 6. The board 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, 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 supply; 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. 7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. 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 Certified to the Secretary of State, April 4, 2011.
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