(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) is a first or second class municipality or is within a jurisdictional area covered by a growth policy pursuant to Title 76, chapter 1, MCA; and

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