Insight into the DEQ PWS and Subdivision Review Process

1. Insight into the DEQ PWS and Subdivision Review Process The process and helpful tips for your application Chris “Shoots” Veis MT DEQ Billings Regional Office

2. What I’m going to cover • Baseline Org Chart and History • PWS and Subdivision Current System • Walk through of How Plans are Reviewed • Common Problems and Suggestions for Improving your submittal • Questions

3. Where I Live

4. How I Got There • I worked in the DEQ regional office in Billings for 5 years in the Public Water Supply Section as an environmental engineer reviewing PWS plans • In January of 07, I started work in the DEQ Subdivisions section in the Billings Office reviewing subdivision applications

5. Public Water Supply History • As a result of deadly waterborne disease outbreaks, the State of MT has had water and wastewater treatment requirements since the early 1900’s • “Ten State Standards” were used for review of community water and wastewater systems. In 1984 circulars 84-10, 11 & 12 were developed by the DHES for non-community water and wastewater systems. Plan review became consistent from about 1950 till the present. • Records of old plans can be found in Billings and Helena.

6. Subdivision History • The First Health Department Law Regarding Subdivisions was passed in 1961 by the 37th Legislature • The legislative assembly has determined that the health and safety of Montana citizens are being endangered by drainage from cesspools, septic tanks, privies, water closets and other sources of polluting matter

7. CALL BEFORE YOU DIG

8. PWS Current System • All improvements to public water and wastewater systems must be reviewed and approved by the DEQ. • Review and approval is based on meeting the requirements of DEQ circulars and ARM requirements • Current DEQ circulars are based on the most current 10 state standards

9. PWS Current System (con’t) • Reviewers are assigned based on geography – offices in Helena, Billings and Kalispell • Public water supply section reviews all public water systems • Any public wastewater system not in a subdivision. • Subdivision section reviews all wastewater systems in subdivisions among other subdivision review items • Subdivision section also reviews any extension of existing public water and sewer systems serving the subdivision excluding subdivisions filed under Master Plan Exclusion. PWS reviews water and sewer extensions in subdivisions filed under MPE

10. PWS Review Criteria • All community water systems are reviewed using DEQ 1 • All non-community water systems are reviewed using DEQ 3 • All wastewater systems except public subsurface sewage treatment systems are reviewed using DEQ 2 • All public subsurface sewage treatment systems are reviewed using DEQ 4

11. PWS Review Criteria • Do you need a PE? • DEQ 1 & DEQ 2 – Yes • DEQ-3, may require the plans and specifications for such a system to be prepared by a professional engineer when the complexity of the proposed system warrants such engineering (e.g., systems using gravity storage, pressure booster/reduction stations, or disinfection facilities). • DEQ 4 – Based on Table in ARM 17.36.320

12. PWS Home Page

13. PWS Circulars

14. PWS Circulars

15. PWS Website • http://deq.mt.gov/wqinfo/Circulars.asp • Start at the DEQ Home Page • http://deq.mt.gov/ • Under Divisions click on Permitting and Compliance • Left Hand side of the screen click on Public Drinking Water

16. Subdivision Current System • Subdivisions are reviewed under the Sanitation in Subdivision Act, separate from the Subdivision and Platting Act • Review under the sanitation in subdivisions regulations is limited to sanitation facilities, including the water supply, sewage disposal, solid waste disposal, and storm drainage systems.

17. Subdivision Current System • Subdivisions are reviewed prior to creating the parcels to assure that adequate sanitation facilities can be constructed, operated, and maintained to support each parcel. • Regulations are ARM 17.36 and applicable DEQ Circulars • Reviewers are assigned based on geography – offices in Helena, Billings, Missoula, and Kalispell – There may be some cross over

18. Subdivision Review Criteria • Found in the ARM’s • Section 17.36 • Application 100 • Storm, Water and Wastewater Systems 300 • Waivers 600 • Application Documents are on the web

19. Subdivision Application

20. Subdivision Application • http://deq.mt.gov/wqinfo/Sub/04_sub_review_forms.asp • Start at the DEQ Home Page • http://deq.mt.gov/ • Under Divisions click on Permitting and Compliance • Left Hand side of the screen click on Subdivision Review

21. Walkthrough a Typical Plan Review • Engineer submit plans, design report, and specifications to Public Water or Subdivision office. • Secretary will log the plans into the SDWIS database and assign an EQ number. • The plans are assigned to a DEQ review engineer.

22. Walkthrough a Typical Plan Review • The engineer puts the plans in line to be reviewed. Your plans are at the back of that line. • The number of other projects to be reviewed will influence how long it will take to begin reviewing the plans. • The engineer reviews the plans using the circular or ARM that applies.

23. Walkthrough a Typical Plan Review • Reviewing engineer comments on the plans based on that review and sends the comments to the consulting engineer. Comments are also sent to the owner of the project. • Engineer revises plans and returns them to DEQ. • If revisions are sufficient, invoice is paid, the plans are approved.

24. Walkthrough a Typical Plan Review • Approval letter is sent to the engineer, the county health department and the owner. • Plans are archived in the office for future reference. • Please send in your as-built plans and certification within 90 days of completion of the project.

25. Project Timeline • Both PWS and Subdivisions must respond to a submittal within 60 days. • I typically try to have a reply in 30 days. • The time for reply is the responsibility of the consulting engineer • Resubmittals go the bottom of the pile and start a new 60 day time line • May require additional fees

26. Other Common Plan Review Steps • Deviations • Checklist Review • New Well Location

27. Deviations • Submit your deviations to the DEQ before or during the plan review process • Deviations requests are sent to the deviation committee for their review • The committee makes a decision and relays that decision to the DEQ engineer

28. Checklist Review • Can be used for water and sewer main extension and replacement. • Please read the first page of the checklist and send in all the appropriate items. • The purpose is to ensure that two separate engineers have looked at the plans. • Should have a review time of 2 weeks or less.

29. New Well Locations • Follow protocol for review of New PWS wells • Realize that a PWS-6 report will have to be done at some point • You don’t need approval for a test well unless you want to use that location for the permanent well

30. Common Submittal Problems • No design report – I have no clue about your project • Poorly written specifications • Incomplete plans • HERE’s YOUR PILE - A packet of all kinds of stuff that we have to try to decipher • Items come in piece meal and not as a packet • Not addressing all the sections that apply • No Appendix A for new systems • Not understanding the difference between PWS and Subdivisions review • New Wells

31. What Can I do to help my Submittal? • Tell me what you are trying to accomplish • Neat and Organized • Table of Contents • Section Dividers

32. What Can I Do to Make my Submittal Stand Out? • Walk me through your project and tell me how you have met the requirements • Use a consistent format for your projects • This will speed up the review of your project and install confidence from your review engineer • It won’t move you to the front of the line

33. Should I call my reviewer • I am happy to tell you when I think I will get to your project. • I don’t want to hear about your time crunch • Call when you get your comment letter to address any thing that may be misunderstood by the reviewer • Write the gist of the conversation in your reply letter

34. Biggest Takeaway • I don’t know your project. I haven’t spent the last 6 months designing your project. Tell me what you are doing. Don’t make me guess.

35. Subdivison Web Application Tool • HISTORY • PROGRAM GOALS • TARGET AUDIENCE • CURRENT/FUTURE STATUS • ON-LINE DEMONSTRATION

36. Subdivision Web Application Tool • HISTORY • FY05 Legislation Funding For Training • Supplemental funding to revise application over the next (2) years. • Lasting and Developing Program to train developers, realtors, land owners, etc. • Montana Interactive (MI) and DEQ IT • Section/Contractor Working Groups

37. Subdivision Web Application Tool • PROGRAM GOALS • Better explain the (2) Subdivision Acts in Montana, who reviews what, and its process • To facilitate getting closer to a complete application • Catching the most common errors and omissions • Information in the ‘General Portion’ of the application will be used to CUSTOMIZE the application in the following sections • Customizable Water, Sewer, and Stormwater Sections

38. Subdivision Web Application Tool • TARGET AUDIENCE • 80% of our applications are 5 lots and less, and this is the target • This is not a end-all save-all! • Will still have the ‘atypical’ applications

39. Subdivision Web Application Tool • CURRENT/FUTURE STATUS • ‘Trial’ Phase will begin in 6-8 weeks • Full on-line version available soon after that • With supplemental funding, work the bugs out over next couple years • Implementation of paying review fees on-line • Future Modules such as lot layouts / site plans

40. Subdivision Web Application Tool • ON LINE DEMONSTRATION • URL: http://dev.mt.gov/subdivision • Available now! • Review of ‘Basic Information’ Module • Packet has first 7 pages of on-line tool before the Basic Information Module

41. Questions?

42. Definition of a Public Water Supply • “Public water supply system” means a system for the provision of water for human consumption from any community well, water hauler for cisterns, water bottling plants, water dispenser, or other water supply that has at least 15 service connections or that regularly serves at least 25 persons daily for a period of at least 60 days in a calendar year.

43. Definition of a Public Water Supply (cont.) • “Community water system” means a public water supply system which serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents • Most commonly Towns, but can be subdivisions.

44. Definition of a Public Water Supply (cont.) • “Transient non-community water system” means a public water supply system that is not a community water system and that does not regularly serve at 25 of the same persons for at least 6 months per years. This system primarily serves a transient population (cafes, bars, campgrounds, motels, etc.) • The difference – not 25 of the same people

45. Definition of a Public Water Supply (cont.) • “Non-transient non-community water systems” means a public water supply system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year. Examples are separate systems serving workers and schools. • The difference – not 25 residents

46. Breakdown of the Systems

47. DEQ approval is needed for… • All public water systems. • Wastewater systems that are public • For water and wastewater systems that will become public it is recommended to get approval up front. • If you are designing a system with the capacity to become public in the future, it will need to be reviewed as a public system

48. The Systems PWS Reviews • The Safe Drinking Water Act defines a public water system • PWS program reviews new construction, alteration or extension of new or existing public water and wastewater systems • PWS program doesn’t review projects that are considered routine maintenance of public systems • PWS program doesn’t review extensions of public water and sewer in new subdivisions reviewed under the Subdivisions and Platting Act • PWS program does review extensions of public water and sewer in new subdivisions platted under Master Plan Exclusion

49. Something I want to mention • All PWS will have to do sampling at each entry point. • If you are designing their system try to keep entry points to a minimum and save them money on taking samples.

50. Penalties • Please be aware the Montana public water supplies, distribution and treatment act (MCA 75-6-101 through 75-6-121) requires an applicant to gain the department’s approval prior to proceeding with construction. Failure to gain prior approval before beginning construction is a violation of the act and could lead to department enforcement action. • Each day of violation constitutes a separate violation • Fine shall be not less than $50 or more than $500 per day, not to exceed $10,000.