Current through Register Vol. 18, September 20, 2024
(1) A local department or board of health, if it
requests certification, must be certified as the reviewing authority within the
scope of 76-4-104(3), MCA, if
the following requirements are met and the sanitarian or engineer is qualified as
described in (3):
(a) the local department or board
of health employs a registered sanitarian or a professional engineer responsible to
perform the actual review. Those local governments employing more than one
registered sanitarian or professional engineer shall designate one such person to be
responsible for the review program;
(2) The local department or board of health is
required, pursuant to a written contract, to review subdivision applications
according to the requirements of Title 76, chapter 4, MCA, and this
chapter.
(3) A registered sanitarian or
registered professional engineer must complete the following before becoming
certified to perform subdivision reviews:
(a)
within the 55-day review period, the department shall determine, by reference to the
local reviewing authority's review checklist or by other means, whether the local
reviewer has conducted a completeness review of the application and whether the
local reviewer has completed a compliance review of all systems designated by the
contract between the department and the local reviewing authority. If the department
determines that either of these tasks was not completed, the department may return
the application to the local reviewing authority for further review or may itself
complete the review;
(b) have a minimum
of one year's experience performing subdivision review under the direct supervision
of the department or of a certified registered sanitarian or professional engineer;
and
(c) for individuals previously
certified under this subsection, complete at least one subdivision review in the
preceding two years. Previously certified individuals who have not completed at
least one subdivision review in the preceding two years shall, prior to performing
subdivision review, satisfy the requirements in (3)(a).
(4) The department's oversight of a certified
local reviewing authority's review of subdivision applications shall be limited to
the following:
(a) within the statutory review
period, the department shall determine, by reference to the local reviewing
authority's review checklist or by other means, whether the local reviewer has
conducted an element review and a completeness review of the application and whether
the local reviewer has completed a compliance review of all systems designated by
the contract between the department and the local reviewing authority. If the
department determines that any part of these tasks was not completed, the department
may return the application to the local reviewing authority for further review or
may itself complete the review;
(b)
within the statutory review period, the department may check the accuracy of the
local reviewing authority's review of subdivision applications. The department's
accuracy checks must be limited to ten percent of the applications submitted to the
department by the local reviewing authority, except that the department may also
review an application:
(i) upon the request of the
local reviewing authority; or
(ii) when
the department has reason to question the local reviewing authority's determination
for a particular application;
(c) if the department identifies possible errors
or discrepancies in the local reviewer's determination regarding an application, the
department shall consult with the local reviewer. If, after consultation, the
department does not agree with the local reviewer's determination regarding an
application's compliance with applicable state laws, rules, and circulars, the
department may, prior to the expiration of the review period for the application,
modify the local determination regarding the state requirements;
(d) the department may conduct an annual audit of
a representative sample of locally reviewed applications.
(5) The department retains the right to suspend or
revoke the certification of the local department or board of health if the
department determines that the local reviewing authority is not complying with the
sanitation in subdivisions act or other applicable statutes or rules.
AUTH:
76-4-104, MCA; IMP:
76-4-104,
76-4-105,
MCA
