Current through Register Vol. 6, March 22, 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
