Initiation of Rulemaking

Flathead County Sewage Treatment System Design and Construction Standards

Septic System and Water Well Placement Regulation 3-3-2017.

The Department requests the Board adopt amendments to the Flathead County Sewage Treatment System Design and Construction Standards that will establish, or reestablish, a physical limiting condition of the placement of an elevated sand mound absorption system.

In July of 2014, the Board of Health adopted a significant change to previous construction standards for sewage treatment systems. During this process, an important component relating to the placement of a sand mound was inadvertently removed. In all regulations and construction standards prior to the 2014 adoption, the Board required that there be at least 36 inches of natural soil before any physical limiting condition. This amendment reestablishes a long-standing Board requirement.

The Montana Codes Annotated, Section 50-2-116 -Powers and duties of Local Boards – allows Boards of Health to “(k) adopt necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings and facilities that are not regulated by Title 75, chapter 6, or Title 76, chapter 4. The regulations must describe standards for granting variances from the minimum requirements that are identical to standards promulgated by the board of environmental review and must provide for appeal of variance decisions to the department as required by 75-5-305.

The Board of Health will hold a public hearing on March 16th at 1:00 PM in the second floor conference room of the Earl Bennett Building, 1035 First Ave. West, Kalispell.

The changes contemplated may be found at  http://flatheadhealth.org/wp-content/uploads/2017/03/Septic-System-and-Water-Well-Placement-Regulation-3-3-2017.pdf or a hard copy may be obtained at 1035 First Ave. West, Kalispell in the Administrative Offices.

Publish on March 8th , 2017 and March 12th, 2017