1. (1) The department shall delegate to divisions of local government the review of plans and specifications for:

   1. (a) small public water supply systems and small public sewage systems; and
   2. (b) extensions or alterations of existing public water and public sewage systems.

2. (2) Delegation may occur only if:

   1. (a) a division of local government submits a written application to the department that includes the following:

      1. (i) a statement of intent that affirms the local government's intent to ensure that systems which it reviews comply with the minimum standards established in ARM 17.38.101;
      2. (ii) names and qualifications of those employees who will be providing the review for the local unit of government; and
      3. (iii) a request that the department provide training for public water and sewage system review.
   2. (b) the department finds that the local government's review will protect public health and the quality of state waters.
3. (3) Local governments shall be reimbursed 90% of the review fee for performing these reviews and the department must receive the remaining 10% of the review fee.

4. (4) Local governments conducting reviews under this rule shall complete all documents necessary to complete the review and comply with:

   1. (a) the Montana Environmental Policy Act provided in Title 75, chapter 1, parts 1 through 3, MCA;
   2. (b) real property takings requirements in accordance with Title 70, MCA; and
   3. (c) nondegradation and nonsignificance determinations required in accordance with Title 75, chapter 5, MCA.

Authorizing statute(s): 75-6-104, 75-6-121, MCA

Implementing statute(s): 75-6-121, MCA, NEW, 1992 MAR p. 2152, Eff. 9/25/92

History: TRANS, from DHES, 1996 MAR p. 1499; AMD, 2012 MAR p. 2067, Eff. 10/12/12; AMD, 2023 MAR p. 1861, Eff. 12/23/23.