Current through Register Vol. 18, September 20, 2024
(1) A facility previously approved under Title 76,
chapter 4, MCA, that is submitted for review under this chapter is not subject to
review if the facility:
(a) is not proposed to be
changed;
(b) is not affected by a
proposed change to another facility; and
(c) meets the conditions of its existing approval
and is operating properly.
(i) To determine whether
previously approved water, sewer, and storm water facilities are operating properly,
the reviewing authority may require submittal of well logs, water sampling results,
any septic permit issued, and evidence that the septic tank has been pumped in the
previous three years unless the system is less than five years old.
(2) A facility previously
approved by a local reviewing authority but not under Title 76, chapter 4, MCA, is
not subject to review if the applicant submits evidence that the facility:
(a) meets the criteria in (1);
(b) complies with all required setbacks in ARM
17.36.323; and
(c) if the lot was created after the effective
dates for mixing zones and well isolation zones, complies with all required setbacks
in ARM 17.36.122.
(3) The owner of a parcel that deviates from the
conditions of approval shall obtain approval from the reviewing authority as
provided in (3) through (6).
(4)
Applications for amendments (rewrites) of certificates of subdivision approval must
be submitted in accordance with ARM
17.36.102. The facilities are subject
to the rules and standards in effect at the time the application is submitted,
except that, if a requirement in the applicable rules and standards would preclude a
previously approved use of the parcel, the department may consider a deviation or
waive the requirement that would preclude the use. Waivers and deviations are
subject to ARM 17.36.601. Applications for rewrites
must also describe any changes to previously approved facilities. The reviewing
authority may require the applicant to submit additional information that the
reviewing authority determines is necessary for the review.
(5) Amendments that consist solely of the
relocation or modification of previously approved facilities may be made through
approval of a revised lot layout document in accordance with (a) through (c).
(a) A revised lot layout document may be issued
for lots with previously approved facilities if:
(i) the changes consist solely of the relocation
or modification of previously approved facilities shown on the lot layout that do
not affect the conditions of approval in a COSA statement;
(ii) there are no changes in lot boundaries;
and
(iii) the changes comply with
applicable rules. Changes in previously approved facilities are subject to the rules
and standards in effect at the time the application is submitted, except that, if a
requirement in the applicable rules and standards would preclude a previously
approved use of the parcel, the department may consider a deviation or waive the
requirement that would preclude the use. Revised lot layouts must show any changes
to previously approved facilities. The reviewing authority may require the applicant
to submit additional information that the reviewing authority determines is
necessary for the review.
(b) An applicant seeking approval of a revised lot
layout must submit all of the following to the reviewing authority:
(i) a completed joint application, including the
applicable review fee;
(ii) a copy of
the revised lot layout document that complies with ARM
17.36.104; and
(iii) all other information that the reviewing
authority deems necessary to demonstrate compliance with applicable rules.
(c) The approved revised lot layout
must be filed with the county clerk and recorder and a copy must be provided to the
department.
(6) At the time
of septic permitting, local health departments that have been certified as the
reviewing authority under ARM
17.36.116 may approve minor deviations
from a certificate of subdivision approval without triggering an additional review
under this chapter.
(a) The proposed minor
deviations must meet the requirements of the most current version of DEQ-4 and this
rule.
(b) Minor deviations are limited
to:
(i) replacing distribution piping with
gravelless trenches or vice versa;
(ii)
replacing a standard trench system with a pressure-dosed system;
(iii) replacing a previously approved system with
an equivalent system;
(iv) replacing
components in a previously approved system with equivalent components;
(v) replacing the wastewater treatment system with
a system that provides greater treatment than the approved system;
(vi) installing any Level 2 system in place of any
other Level 2 system that provides equivalent treatment; and
(vii) approving changes to sizes of approved
wastewater treatment systems, unless there are site constraints that would cause a
violation of this chapter.
(7) Amendments to an existing certificate of
subdivision approval that consist solely of replacing approved facilities for the
supply of drinking water or disposal of wastewater with connection to a municipal or
county public water system or public wastewater system must be submitted using a
notification of change form provided by the department or by submitting an
application under ARM
17.36.112(3).
AUTH:
76-4-104, MCA; IMP:
76-4-104,
76-4-125, MCA
