Septic System Permitting In Montana

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Montana Department of Environmental QualityTim Davis, Water Quality Division Administratortimdavis@mt.gov406.444.4632Septic system permitting in Montana76-4-101. Public policy. It is the public policy of this state to extend present laws controlling watersupply, sewage disposal, and solid waste disposal to include individual wells affected by adjoiningsewage disposal and individual sewage systems to protect the quality and potability of water for publicwater supplies and domestic uses and to protect the quality of water for other beneficial uses, includinguses relating to agriculture, industry, recreation, and wildlife.75-6-101. Policy. It is the public policy of this state to protect, maintain, and improve the quality andpotability of water for public water supplies and domestic uses.New public wastewater systems or modification to existing public systems serving 25 people for 60 ormore days a year require approval by the Department of Environmental Quality (DEQ) prior toconstruction. Septic systems on newly created lots that are less than 20 acres or have multiple spacesfor RVs or mobile homes require approval by the DEQ or Counties contracted to do this work prior torecording a Plat or Certificate of Survey. Septic systems serving non-public facilities also require apermit from the Local Health Authority prior to construction. Some examples of cross jurisdictionalpermitting are shown below:1

Montana Department of Environmental QualityTim Davis, Water Quality Division Administratortimdavis@mt.gov406.444.4632Public Wastewater Laws. Septic systems that serve 25 or more people for any 60 days in a year aresubject to review by DEQ under the Public Wastewater Laws, MCA 75-6.Sanitation Act. Septic systems on parcels less than 20 acres or those that provide multiple permanentspaces for RVs or mobile homes are subject to review by DEQ or Contracted Counties under theSanitation Act, MCA 76-4.Local Health Authority. All non-public septic systems require a local health permit under MCA 50,regardless of whether they trigger Sanitation Act review. Some Counties also issue permits for publicseptic systems.Non-degradation. All new or increased sources of pollution after April 29, 1993 require compliance withMontana’s non-degradation laws and rules in MCA 75-5. For discharges to groundwater, the projectmust pass a nitrate sensitivity analysis and phosphorus breakthrough analysis. If surface water islocated within ¼to ½ mile depending on soil type, an adjacent to surface water trigger analysis is alsorequired.Allowed Disposal Systems. The following subsurface disposal systems are allowed for new drainfields: Standard absorption trenchesShallow capped absorption trenchesAt-grade absorption trenchesDeep absorption trenchesEvapotranspiration andevapotranspiration absorption bedsSealed pit privys when operated by local,state or federal government. Elevated sand moundsSubsurface dripGravelless trenches (infiltrators)Sand-lined absorption trenchesWaste segregation (composting orincinerating toilets gray water disposal)In addition to those allowed for new drainfields, replacement systems can use: Cut systemsFill systemsArtificially drained systems Absorption bedsSeepage pitsHolding tanks operated by governmentor in facilities licensed by DPHHSTreatment Systems. The following treatment systems are allowed for new drainfields: Recirculating trickling filtersIntermittent sand filtersRecirculating sand filters Use of Innovative and Experimental Technology2Aerobic wastewater treatment unitsChemical nutrient reduction systemsExperimental systems by waiver

Montana Department of Environmental QualityTim Davis, Water Quality Division Administratortimdavis@mt.gov406.444.4632For treatment systems not specifically listed above, Circular DEQ-4 allows the use of experimentalsystems by waiver. Experimental systems have the following requirements:1. The system must effectively treat wastewater to prevent groundwater contamination;2. The system must be monitored and inspected quarterly;3. The person selling property with an experimental system must disclose monitoring andmaintenance requirements to the buyer; and4. Continuous maintenance and operation must be provided for the life of the system.Distribution Systems. Effluent distribution may be either gravity or pressure (siphon or pump) dosed.The following types of systems require pressure dosing under Circular DEQ-4: Deep absorption trenchesIntermittent sand filtersSubsurface drip systemsSystems with more than 500 lineal feet ofdistributionSystems with more than 1,000 squarefeet of distributionSystems installed in coarse material witha percolation rate faster than 3 mpi Elevated sand moundsAt-grade systemsAbsorption bedsGravelless trenches greater than two feetin widthSystems installed on slopes greater than15%Systems installed in fast soil with lessthan six feet to a limiting layerCounties may have more stringent requirements than those found in Circular DEQ-4. For example,Flathead County requires pressure dosing of all drainfields.Challenges for septic system design and permitting1. Nondegradation. Some properties have difficulty passing the nondegradation requirements. As aresult, extra (Level 2) treatment is necessary to pass the requirements. Some properties also havedifficulty passing the adjacent to surface water analysis.2. Separation to a limiting layer. Department and Local Health rules require four feet of natural(undisturbed) soil between the absorption surface and a limiting layer like groundwater or bedrock. Thisstandard is not waivable except for lots filed with Sanitary Restrictions prior to July 1, 1973.3

Montana Department of Environmental QualityTim Davis, Water Quality Division Administratortimdavis@mt.gov406.444.4632Primary treatmentin septic tankDisposal systemGravity distributionsystem4

Montana Department of Environmental QualityTim Davis, Water Quality Division Administratortimdavis@mt.gov406.444.4632Level 2 treatment systems to reduce nitrogen. Recirculating trickling filters are most commonsecondary treatment installed in Montana.5

Septic system permitting in Montana . 76-4-101. Public policy. It is the public policy of this state to extend present laws controlling water supply, sewage disposal, and solid waste disposal to include individual wells affected by adjoining sewage disposal and individual sewage systems to protect the quality and potability of water for public

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