Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                              SB 285.1
                                                SENATE BILL NO. 285
                                             INTRODUCED BY C. GLIMM
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO SUBDIVISION
  SANITATION REVIEW; LIMITING THE REGULATION OF INDIVIDUAL SEWAGE FACILITIES TO THOSE
  THAT ARE HIGHER IN ELEVATION OR LESS THAN 500 FEET AWAY FROM STATE SURFACE WATERS;
  REVISING SUBDIVISION EXEMPTIONS; AND AMENDING SECTIONS 75-5-317, 76-3-622, 76-4-102, 76-4-
  104, 76-4-108, 76-4-115, AND 76-4-125, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 75-5-317, MCA, is amended to read:
          "75-5-317.   Nonsignificant activities. (1) The categories or classes of activities identified in
  subsection (2) cause changes in water quality that are nonsignificant because of their low potential for harm to
  human health or the environment and their conformance with the guidance found in 75-5-301(5)(c).
          (2)      The following categories or classes of activities are not subject to the provisions of 75-5-303:
          (a)      existing activities that are nonpoint sources of pollution as of April 29, 1993;
          (b)      activities that are nonpoint sources of pollution initiated after April 29, 1993, when reasonable
  land, soil, and water conservation practices are applied and existing and anticipated beneficial uses will be fully
  protected;
          (c)      use of agricultural chemicals in accordance with a specific agricultural chemical ground water
  management plan promulgated under 80-15-212, if applicable, or in accordance with an environmental
  protection agency-approved label and when existing and anticipated uses will be fully protected;
          (d)      changes in existing water quality resulting from an emergency or remedial activity that is
  designed to protect public health or the environment and is approved, authorized, or required by the
  department;
          (e)      changes in existing ground water quality resulting from treatment of a public water supply
  system, as defined in 75-6-102, or a public sewage system, as defined in 75-6-102, by chlorination or other
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68th Legislature 2023                                                                                               SB 285.1
  similar means that is designed to protect the public health or the environment and that is approved, authorized,
  or required by the department;
          (f)      the use of drilling fluids, sealants, additives, disinfectants, and rehabilitation chemicals in water
  well or monitoring well drilling, development, or abandonment, if used according to department-approved water
  quality protection practices and if no discharge to surface water will occur;
          (g)      short-term changes in existing water quality resulting from activities authorized by the
  department pursuant to 75-5-308;
          (h)      land application of animal waste, domestic septage, or waste from public sewage treatment
  systems containing nutrients when the wastes are applied to the land in a beneficial manner, application rates
  are based on agronomic uptake of applied nutrients, and other parameters will not cause degradation;
          (i)      use of gray water, as defined in 75-5-325, from nonpublic gray water reuse systems for
  irrigation during the growing season in accordance with gray water reuse rules adopted pursuant to 75-5-305;
          (j)      incidental leakage of water from a public water supply system, as defined in 75-6-102, or from
  a public sewage system, as defined in 75-6-102, utilizing best practicable control technology designed and
  constructed in accordance with Title 75, chapter 6;
          (k)      discharges of water to ground water from water well or monitoring well tests, hydrostatic
  pressure and leakage tests, or wastewater from the disinfection or flushing of water mains and storage
  reservoirs, conducted in accordance with department-approved water quality protection practices;
          (l)      oil and gas drilling, production, abandonment, plugging, and restoration activities that do not
  result in discharges to surface water and that are performed in accordance with Title 82, chapter 10, or Title 82,
  chapter 11;
          (m)      short-term changes in existing water quality resulting from ordinary and everyday activities of
  humans or domesticated animals, including but not limited to:
          (i)      such recreational activities as boating, hiking, hunting, fishing, wading, swimming, and
  camping;
          (ii)     fording of streams or other bodies of water by vehicular or other means; and
          (iii)    drinking from or fording of streams or other bodies of water by livestock and other domesticated
  animals;
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68th Legislature 2023                                                                                             SB 285.1
          (n)      coal and uranium prospecting that does not result in a discharge to surface water, that does not
  involve a test pit located in surface water or that may affect surface water, and that is performed in accordance
  with Title 82, chapter 4;
          (o)      solid waste management systems, motor vehicle wrecking facilities, and county motor vehicle
  graveyards licensed and operating in accordance with Title 75, chapter 10, part 2, or Title 75, chapter 10, part
  5;
          (p)      hazardous waste management facilities permitted and operated in accordance with Title 75,
  chapter 10, part 4;
          (q)      metallic and nonmetallic mineral exploration that does not result in a discharge to surface water
  and that is permitted under and performed in accordance with Title 82, chapter 4, parts 3 and 4;
          (r)      stream-related construction projects or stream enhancement projects that result in temporary
  changes to water quality but do not result in long-term detrimental effects and that have been authorized
  pursuant to 75-5-318;
          (s)      diversions or withdrawals of water established and recognized under Title 85, chapter 2;
          (t)      the maintenance, repair, or replacement of dams, diversions, weirs, or other constructed works
  that are related to existing water rights and that are within wilderness areas so long as existing and anticipated
  beneficial uses are protected and as long as the changes in existing water quality relative to the project are
  short term;
          (u)      discharges of total phosphorus or total nitrogen that do not:
          (i)      create conditions that are toxic or harmful to human, animal, plant, and aquatic life;
          (ii)     create conditions that produce undesirable aquatic life; or
          (iii)    cause measurable changes in aquatic life; and
          (v)      impacts to surface water for individual, shared, and multi-user sewage facilities located more
  than 500 feet or lower in elevation in relationship to state surface waters; and
          (w)      any other activity that is nonsignficant because of its low potential for harm to human health or
  to the environment and its conformance with the guidance found in 75-5-301(5)(c)."
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          Section 2. Section 76-3-622, MCA, is amended to read:
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68th Legislature 2023                                                                                                SB 285.1
          "76-3-622.    Water and sanitation information to accompany preliminary plat. (1) Except as
  provided in subsection (2), the subdivider shall submit to the governing body or to the agent or agency
  designated by the governing body the information listed in this section for proposed subdivisions that will
  include new water supply or wastewater facilities. The information must include:
          (a)      a vicinity map or plan that shows:
          (i)      the location, within 100 feet outside of the exterior property line of the subdivision and on the
  proposed lots, of:
          (A)      flood plains;
          (B)      surface water features;
          (C)      springs;
          (D)      irrigation ditches;
          (E)      existing, previously approved, and, for parcels less than 20 acres, proposed water wells and
  wastewater treatment systems;
          (F)      for parcels less than 20 acres, mixing zones identified as provided in subsection (1)(g); and
          (G)      the representative drainfield site used for the soil profile description as required under
  subsection (1)(d); and
          (ii)     the location, within 500 feet outside of the exterior property line of the subdivision, of public
  water and sewer facilities;
          (b)      a description of the proposed subdivision's water supply systems, storm water systems, solid
  waste disposal systems, and wastewater treatment systems, including:
          (i)      whether the water supply and wastewater treatment systems are individual, shared, multiple
  user, or public as those systems are defined in rules published by the department of environmental quality; and
          (ii)     if the water supply and wastewater treatment systems are shared, multiple user, or public, a
  statement of whether the systems will be public utilities as defined in 69-3-101 and subject to the jurisdiction of
  the public service commission or exempt from public service commission jurisdiction and, if exempt, an
  explanation for the exemption;
          (c)      a drawing of the conceptual lot layout at a scale no smaller than 1 inch equal to 200 feet that
  shows all information required for a lot layout document in rules adopted by the department of environmental
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68th Legislature 2023                                                                                                 SB 285.1
  quality pursuant to 76-4-104;
             (d)     evidence of suitability for new onsite wastewater treatment systems that, at a minimum,
  includes:
             (i)     a soil profile description from a representative drainfield site identified on the vicinity map, as
  provided in subsection (1)(a)(i)(G), that complies with standards published by the department of environmental
  quality;
             (ii)    demonstration that the soil profile contains a minimum of 4 feet of vertical separation distance
  between the bottom of the permeable surface of the proposed wastewater treatment system and a limiting
  layer; and
             (iii)   in cases in which the soil profile or other information indicates that ground water is within 7 feet
  of the natural ground surface, evidence that the ground water will not exceed the minimum vertical separation
  distance provided in subsection (1)(d)(ii);
             (e)     for new water supply systems, unless cisterns are proposed, evidence of adequate water
  availability:
             (i)     obtained from well logs or testing of onsite or nearby wells;
             (ii)    obtained from information contained in published hydrogeological reports; or
             (iii)   as otherwise specified by rules adopted by the department of environmental quality pursuant to
  76-4-104;
             (f)     evidence of sufficient water quality in accordance with rules adopted by the department of
  environmental quality pursuant to 76-4-104;
             (g)     a preliminary analysis of potential impacts to ground water quality from new wastewater
  treatment systems, using as guidance rules adopted pursuant to 75-5-301 and 75-5-303 related to standard
  mixing zones for ground water, source specific mixing zones, and nonsignificant changes in water quality. The
  preliminary analysis may be based on currently available information and must consider the effects of
  overlapping mixing zones from proposed and existing wastewater treatment systems within and directly
  adjacent to the subdivision. Instead of performing the preliminary analysis required under this subsection (1)(g),
  the subdivider may perform a complete nondegradation analysis in the same manner as is required for an
  application that is reviewed under Title 76, chapter 4.
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68th Legislature 2023                                                                                             SB 285.1
          (2)      A subdivider whose land division is excluded from review under 76-4-125(1) or whose facilities
  are excluded from review under 76-4-125(5) is not required to submit the information required in this section.
          (3)      A governing body may not, through adoption of regulations, require water and sanitation
  information in addition to the information required under this section unless the governing body complies with
  the procedures provided in 76-3-511."
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          Section 3. Section 76-4-102, MCA, is amended to read:
          "76-4-102.    Definitions. As used in this part, unless the context clearly indicates otherwise, the
  following definitions apply:
          (1)      "Adequate county water and/or sewer district facilities" means facilities provided by a county
  water and/or sewer district incorporated under Title 7, chapter 13, that operate in compliance with Title 75,
  chapters 5 and 6.
          (2)      "Adequate municipal facilities" means municipally, publicly, or privately owned facilities that
  supply water, treat sewage, or dispose of solid waste for all or most properties within the boundaries of a
  municipality and that are operating in compliance with Title 75, chapters 5 and 6.
          (3)      "Board" means the board of environmental review.
          (4)      "Certifying authority" means a municipality or a county water and/or sewer district that meets
  the eligibility requirements established by the department under 76-4-104(6). 76-4-104(7).
          (5)      "Department" means the department of environmental quality.
          (6)      "Extension of a public sewage system" means a sewerline that connects two or more sewer
  service lines to a sewer main.
          (7)      "Extension of a public water supply system" means a waterline that connects two or more water
  service lines to a water main.
          (8)      "Facilities" means public or private facilities for the supply of water or disposal of sewage or
  solid waste and any pipes, conduits, or other stationary method by which water, sewage, or solid wastes might
  be transported or distributed.
          (9)      "Individual water system" means any water system that serves one living unit or commercial
  unit and that is not a public water supply system as defined in 75-6-102.
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68th Legislature 2023                                                                                             SB 285.1
            (10)   "Mixing zone" has the meaning provided in 75-5-103.
            (11)   (a) "Proposed drainfield mixing zone" means a mixing zone submitted for approval under this
  chapter after March 30, 2011.
            (b)    The term does not include drainfield mixing zones that existed or were approved under this
  chapter prior to March 30, 2011.
            (12)   (a) "Proposed well isolation zone" means a well isolation zone submitted for approval under
  this chapter after October 1, 2013.
            (b)    The term does not include well isolation zones that existed or were approved under this
  chapter prior to October 1, 2013.
            (13)   "Public sewage system" or "public sewage disposal system" means a public sewage system as
  defined in 75-6-102.
            (14)   "Public water supply system" has the meaning provided in 75-6-102.
            (15)   "Regional authority" means any regional water authority, regional wastewater authority, or
  regional water and wastewater authority organized pursuant to the provisions of Title 75, chapter 6, part 3.
            (16)   "Registered professional engineer" means a person licensed to practice as a professional
  engineer under Title 37, chapter 67.
            (17)   "Registered sanitarian" means a person licensed to practice as a sanitarian under Title 37,
  chapter 40.
            (18)   "Reviewing authority" means the department or a local department or board of health certified
  to conduct a review under 76-4-104.
            (19)   "Sanitary restriction" means a prohibition against the erection of any dwelling, shelter, or
  building requiring facilities for the supply of water or the disposition of sewage or solid waste or the construction
  of water supply or sewage or solid waste disposal, facilities until the department has approved plans for those
  facilities.
            (20)   "Sewage" has the meaning provided in 75-5-103.
            (21)   "Sewer service line" means a sewerline that connects a single building or living unit to a public
  sewage system or to an extension of a public sewage syste