BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.36.802 and 17.36.805 pertaining to fee schedules and changes in subdivision

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NOTICE OF AMENDMENT   (SUBDIVISIONS)

 

            TO: All Concerned Persons

 

            1. On August 22, 2013, the Department of Environmental Quality published MAR Notice No. 17-349 regarding a notice of public hearing on the proposed amendment of the above-stated rules at page 1474, 2013 Montana Administrative Register, Issue Number 16.

 

            2. The department has amended ARM 17.36.805 exactly as proposed and has amended ARM 17.36.802 as proposed, but with the following changes, 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	$   125
Condominium/trailer court/recreational camping vehicle campground	unit/space	$     50
Resubmittal fee – previously approved lot, boundaries are not changed	lot/parcel	$     75
TYPE OF WATER SYSTEM
Individual or shared water supply system (existing and proposed)	unit	$     85

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Multiple user system (non-public) - new system           - connection to distribution system - new distribution system design - connection to distribution system	each           lot/unit lineal foot lot/unit	$315 (plus $105/ hour for review in excess of four hours)     $     70 $ 0.50 $     70
Public water system  New system per DEQ-1       - connection to distribution system - new distribution system design - connection to distribution system	component       lot/structure lineal foot lot/structure	per ARM 17.38.106 fee schedule   $     70 $ 0.50 $     70
TYPE OF WASTEWATER DISPOSAL
Existing systems	unit	$     75
New subsurface gravity fed system	drainfield	$     95
New pressure-dosed, elevated sand mound, ET systems, intermittent sand filter, ETA systems, recirculating sand filter, recirculating trickling filter, aerobic treatment unit, nutrient removal, and whole house subsurface drip irrigation systems	design	$   190 (plus $105/ hour for review in excess of two hours)
Drainfields for pressured-dosed, intermittent sand filter, recirculating sand filter, recirculating trickling filter, aerobic treatment unit, and nutrient removal New pressure-dosed, elevated sand mound, ET systems, intermittent sand filter, ETA systems, recirculating sand filter, recirculating trickling filter, aerobic treatment unit, nutrient removal, and whole house subsurface drip irrigation systems	drainfield	$     50
Gray water reuse systems. This is a stand-alone fee and all gray water reuse systems will be reviewed at the unit cost	unit	$     95 (plus $105/hour in excess of two hours)
Multiple user wastewater system (non-public) - connection to collection system - new collection system design - connection to collection system	lot/unit lineal foot lot/unit	$     70 $ 0.50 $     70
New public wastewater system per DEQ-2       - connection to collection system - new collection system design - connection to collection system	component       lot/structure lineal foot lot/structure	per ARM 17.38.106 fee schedule   $     70 $ 0.50 $     70
OTHER
Deviation from circular	request or per design	$   200 (plus $105/ hour for review in excess of two hours)
Waiver from rule	request	$   200 (plus $105/ hour for review in excess of two hours)
Reissuance of original approval statement	request	$     60
Municipal facilities exemption checklist (former master plan exemption)	application	$ 100
Nonsignificance determinations/categorical exemption reviews - individual/shared systems   - multiple-user non-public systems   - public systems	drainfield   lot/structure   drainfield	$     60   $     30   per ARM 17.38.106 fee schedule
Storm drainage plan review   - plans exempt from Circular DEQ-8   - Circular DEQ-8 review	lot   design   lot	$     40   $   180   $     40 (plus $105/ hour for review in excess of 30 minutes per lot)
Preparation of environmental assessments/environmental impact statements	----	actual cost

 

            3. The following comments were received and appear with the department's responses:

 

            COMMENT NO. 1:  DEQ-8 reviews are inconsistent, time consuming, and are already costly. Additionally DEQ-8 still needs to be updated. Review fees for DEQ-8 should stay the same until it is updated.

            RESPONSE:  The department meets weekly to discuss issues with reviews, is always available as a resource to assist local reviewing authorities, and welcomes feedback on how reviews can be more consistent. The department will address concerns about consistency with Department Circular DEQ-8 reviews on a case-by-case basis. However, updating DEQ-8 is beyond the scope of this rulemaking. Increased fees associated with the review of storm water plans submitted under DEQ-8 are necessary to ensure program stability and consistency in review. The suggested change has not been made.

 

            COMMENT NO. 2: Consider whether the list of systems in the 3rd and 4th row under "TYPE OF WASTEWATER DISPOSAL" should be identical. Also, DEQ should clarify which fees are for design and which are for drainfields.

            RESPONSE: Row 3 of the fee sheet lists system designs, whereas row 4 discusses drainfields or other subsurface distribution facilities associated with those systems. Since it is possible to have multiple drainfields use the same system design criteria, the fees reflect that possibility. The department agrees that the two sections should be consistent and has amended the rule to show one fee for the design of the system and one for the drainfield that is consistent for all listed systems.

 

            COMMENT NO. 3:  It is not clear why the drainfield location for a new subsurface system and a drainfield location for pressure-dosed, intermittent sand filter have different fees.  It has been my understanding that the drainfield design addresses design issues and the drainfield location addresses location issues, such as setback distances.

            RESPONSE: The fees referenced in row 2 for a "new subsurface system" pertain to reviews of gravity fed systems. In order to clarify the type of subsurface system the reference in row 2 has been changed and now refers to "new gravity fed systems." The drainfield fees in row 2 are different than in row 4 because the review of a new gravity fed system includes consideration of both the design of the system and drainfield siting. The systems described in row 3 and row 4 separate the fees for review of system design and drainfield siting although both are required.

 

            COMMENT NO. 4:  The section entitled "Multiple user wastewater system (non-public)" appears to be a duplication regarding the connection to the collection system.  Also, DEQ should format the multiple-user water and wastewater systems in the same way, i.e., design information first and connection information second.

            RESPONSE: The fees for non-public multiple user wastewater system are addressed in multiple sections. The fees for drainfield design are found in the Type of Wastewater Disposal section under row 2, at $95 for a drainfield and in rows 3 and 4, at $190 for design plus $50 for a drainfield. The collection system is reviewed at 50 cents per lineal foot and each connection at $70, as shown in row 6. In the rule notice, proposed new language was underlined and language proposed to be deleted was interlined. No duplication of costs associated with connection to multiple user wastewater systems was proposed. However, to provide consistency between the different sections of the rule, all references in both the water and wastewater sections now include design criteria first and subsequent connections or duplicating facilities second, as shown above.

 

Reviewed by:                                                DEPARTMENT OF ENVIRONMENTAL

                                                                        QUALITY

 

 

 

/s/ John F. North                                   By: /s/ Tracy Stone-Manning                            

JOHN F. NORTH                                         TRACY STONE-MANNING, DIRECTOR

Rule Reviewer

 

            Certified to the Secretary of State, October 7, 2013.