(1) For purposes of this rule, "delegated division of local government" means a local government that has been delegated authority pursuant to ARM 17.38.102 and 75-6-121, MCA, to review and approve plans and specifications for public water supply or wastewater systems, as designated in the written delegation.

(2) The purpose of this rule is to assure the protection of public health and the quality of state waters by requiring review and approval, by either the department or a delegated division of local government, of plans and specifications for siting, construction, and modification of public water supply and wastewater systems prior to the beginning of construction.

(3) As used in this rule, the following definitions apply in addition to those in 75-6-102, MCA:

(a) "Applicant" means a person who submits plans and specifications for approval pursuant to this rule;

(b) "Main" means any line providing water or sewer to multiple service connections;

(c) "Public sewage system" means a system of collection, transportation, treatment, or disposal of sewage that serves 15 or more families or 25 or more persons daily for any 60 or more days in a calendar year. Public sewage systems are further categorized as follows:

(i) "Community sewage system" means a public sewage system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents; or

(ii) "Non-community sewage system" means any public sewage system which is not a community sewage system;

(d) "Service connection" means a line that provides water or sewer service to one building or living unit;

(e) "Sewage system" means a device for collecting or conducting sewage, industrial wastes, or other wastes to an ultimate disposal point;

(f) "Subsurface sewage treatment system" means the method of sewage treatment in which the effluent is applied below the soil surface;

(g) "Wastewater" means sewage, industrial waste, other wastes, or any combination thereof;

(h) "Wastewater system" means a public sewage system or other system that collects, transports, treats, or disposes of industrial wastes;

(i) "Professional engineer" means an engineer licensed or otherwise authorized to practice engineering in Montana pursuant to Title 37, chapter 67, MCA; and

(j) "Public water supply system" means a system for the provision of water for human consumption from a community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that has at least 15 service connections or that regularly serves at least 25 persons daily for any 60 or more days in a calendar year. Public water supply systems are further categorized as follows:

(i) "Community water system" means a public water supply system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents; or

(ii) "Non-community water system" means a public water supply system that is not a community water system.

(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) the design report, plans, and specifications for community water systems must be prepared and designed by a professional engineer in accordance with the format and criteria set forth in department Circular DEQ-1, "Montana Department of Environmental Quality Standards for Water Works;"

(b) the design report, plans, and specifications for non-community water systems must be prepared in accordance with the format and criteria set forth in department Circular DEQ-3, "Montana Department of Environmental Quality Standards for Small Water Systems." The department or a delegated division of local government may require the plans and specifications for such a system to be prepared by a professional engineer when the complexity of the proposed system warrants such engineering (e.g., systems using gravity storage, pressure booster/reduction stations). The department or a delegated division of local government will require the plans and specifications for such a system to be prepared by a professional engineer when treatment processes and equipment, subject to review under department Circular DEQ-1, "Montana Department of Environmental Quality Standards for Water Works," are proposed. The department or a delegated division of local government may allow standard plans and specifications previously approved by the department to be used for such a system in place of those prepared by a professional engineer on a case-by-case basis;

(c) the design report, plans, and specifications for all wastewater systems, except public subsurface sewage treatment systems, must be prepared and designed by a professional engineer in accordance with the format and criteria set forth in department Circular DEQ-2, "Montana Department of Environmental Quality Design Standards for Wastewater Facilities." The design report, plans, and specifications for a wastewater system must also be designed to protect public health and ensure compliance with the Montana Water Quality Act, Title 75, chapter 5, MCA, and rules adopted under the Act, including ARM Title 17, chapter 30, subchapter 7;

(d) the board adopts and incorporates by reference ARM 17.36.320 through 17.36.325 and 17.36.327. The design report, plans, and specifications for public subsurface sewage treatment systems must be prepared in accordance with ARM 17.36.320 through 17.36.325 and 17.36.327, and in accordance with the format and criteria set forth in department Circular DEQ-4, "Montana Standards for Subsurface Wastewater Treatment Systems;"

(e) the design report, plans, and specifications for water extensions or replacements that meet the criteria in "Water Main Certified Checklist" may be submitted under that abbreviated process;

(f) the design report, plans, and specifications for sewer extensions or replacements that meet the criteria in "Sewer Main Certified Checklist" may be submitted under that abbreviated process;

(g) the design report, plans, and specifications for new community water supply wells that meet the criteria specified in the "Community Water Supply Well Expedited Review Checklist" may be submitted under that abbreviated process;

(h) the design report, plans, and specifications for new non-community water supply wells that meet the criteria specified in the "Non-community Water Supply Well Expedited Review Checklist" may be submitted under that abbreviated process; and

(i) the department may grant a deviation from the standards referenced in (4)(a) through (f) when the applicant has demonstrated to the satisfaction of the department that strict adherence to the standards of this rule is not necessary to protect public health and the quality of state waters. Deviations from the standards may be granted only by the department.

(5) To resume review of plans and specifications for a project that has been inactive for more than a year after issuance of a denial letter by the reviewing authority, the applicant must resubmit plans and specifications and fees as required in ARM 17.38.106.

(6) Plans and specifications for a project that would violate the approval of a public water supply will not be approved by the reviewing authority.

(7) Upon receipt of a submittal or resubmittal under (4), the department shall provide a written response to the applicant within 60 days that either approves the submittal, approves the submittal with conditions, describes additional information that must be submitted to the department, or denies the proposal.

(8) The department or a delegated division of local government shall issue a written approval for a public water supply system or wastewater system if it determines that the design report, plans, and specifications are complete and the applicant has complied with all provisions of this rule. The approval may be conditional as follows:

(a) the department's approval of a public water supply system may set forth conditions of approval which may include, but shall not be limited to, those specifying limits on quantities available for irrigation and fire flows, limited storage, standby power sources, and peak flows; or

(b) the department's approval of a wastewater system may set forth conditions of approval which may include, but shall not be limited to, expected performance characteristics and performance limitations such as operations, staffing, financing, wastewater loads, standby power, and access.

(9) Unless the applicant has completed the construction, alteration, or extension of a public water supply or wastewater system within three years after the department or a delegated unit of local government has issued its written approval, the approval is void and a design report, plans, and specifications must be resubmitted as required by (4) with the appropriate fees specified in this subchapter. The department may grant a completion deadline extension if the applicant requests an extension in writing and demonstrates adequate justification to the department.

(10) The applicant shall not deviate from the approved plans and specifications without first receiving approval from the governmental entity that approved the plans and specifications.

(11) A person may not commence or continue the operation of a public water supply or wastewater system, or any portion of such system, prior to certifying by letter to the department or a delegated division of local government that the system, or portion of the system constructed, altered, or extended to that date, was completed in accordance with plans and specifications approved by the department. For a system or any portion of a system designed by a professional engineer, the engineer shall sign and submit the certification letter to the department or a delegated division of local government.

(12) Within 90 days after the completion of construction, alteration, or extension of a public water supply or wastewater system, or any portion of such system, a complete set of certified "as-built" drawings must be signed and submitted to the department or a delegated division of local government. The department may require that the "as-built" submittal be accompanied by an operation and maintenance manual. For a system or any portion of a system designed by a professional engineer, the engineer shall sign and submit the certified "as-built" drawings to the department or a delegated division of local government.

(13) The applicant shall submit documentation indicating commitment to retain a qualified professional to provide certification that the system was built in conformance with the approved plans and specifications. If the system was designed by a professional engineer, the documentation must indicate that the certification will be provided by a professional engineer.

(14) The department or a delegated division of local government may require that chemical analyses, microbiological examinations, flow tests, pressure tests, treatment plant performance records, or other measures of performance for a public water supply or wastewater system be conducted by the applicant to substantiate that the system complies with the criteria set forth in the design report, plans, and specifications.

(15) When design reports, plans, and specifications submitted pursuant to this rule are also part of a submittal for compliance with plan review pursuant to the Sanitation in Subdivisions Act, (Title 76, chapter 4, MCA) the applicant shall so indicate by written notice accompanying the submittal. Review under this rule will then be conducted pursuant to Title 76, chapter 4, MCA.

(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) Department of Environmental Quality Circular DEQ-1, 2006 edition, which sets forth the requirements for the design and preparation of plans and specifications for public water supply systems;

(b) Department of Environmental Quality Circular DEQ-2, 1999 edition, which sets forth the requirements for the design and preparation of plans and specifications for sewage works;

(c) Department of Environmental Quality Circular DEQ-3, 2006 edition, which sets forth minimum design standards for small water systems;

(d) Department of Environmental Quality Circular DEQ-4, 2004 edition, which sets forth standards for subsurface wastewater treatment systems;

(e) Department of Environmental Quality Water Main Certified Checklist, 2007 edition, which sets forth minimum criteria and design standards for water main extensions and replacements;

(f) Department of Environmental Quality Sewer Main Certified Checklist, 2007 edition, which sets forth minimum criteria and design standards for sewer main extensions and replacements;

(g) Department of Environmental Quality Community Water Supply Well Expedited Review Checklist, 2007 edition, which sets forth minimum criteria and design standards for new community water supply wells;

(h) Department of Environmental Quality Non-community Water Supply Well Expedited Review Checklist, 2007 edition, which sets forth minimum criteria and design standards for new non-community water supply wells; and

(i) 40 CFR 141.5, which sets forth siting requirements for public water supply components.

(17) A copy of any of the documents adopted under (16) may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.