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

What I’m going to coverBaseline Org Chart and HistoryPWS and Subdivision Current SystemWalk through of How Plans are

ReviewedCommon Problems and Suggestions

for Improving your submittalQuestions

Where I Live

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

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.

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

CALL BEFORE YOU DIG

PWS Current SystemAll 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

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

PWS Review CriteriaAll community water systems are

reviewed using DEQ 1All non-community water systems are

reviewed using DEQ 3All wastewater systems except public

subsurface sewage treatment systems are reviewed using DEQ 2

All public subsurface sewage treatment systems are reviewed using DEQ 4

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

PWS Home Page

PWS Circulars

PWS Circulars

PWS Websitehttp://deq.mt.gov/wqinfo/Circulars.aspStart 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

Subdivision Current SystemSubdivisions 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.

Subdivision Current SystemSubdivisions 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

Subdivision Review Criteria Found in the ARM’sSection 17.36

Application 100 Storm, Water and Wastewater Systems

300 Waivers 600

Application Documents are on the web

Subdivision Application

Subdivision Applicationhttp://deq.mt.gov/wqinfo/Sub/04_sub_re

view_forms.aspStart 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

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.

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.

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.

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.

Project TimelineBoth 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 engineerResubmittals go the bottom of the pile

and start a new 60 day time lineMay require additional fees

Other Common Plan Review Steps

DeviationsChecklist ReviewNew Well Location

DeviationsSubmit your deviations to the DEQ

before or during the plan review processDeviations requests are sent to the

deviation committee for their reviewThe committee makes a decision and

relays that decision to the DEQ engineer

Checklist ReviewCan 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.

New Well LocationsFollow protocol for review of New PWS

wellsRealize that a PWS-6 report will have to

be done at some pointYou don’t need approval for a test well

unless you want to use that location for the permanent well

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

What Can I do to help my Submittal?

Tell me what you are trying to accomplish

Neat and OrganizedTable of ContentsSection Dividers

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 projectsThis 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

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

crunchCall 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

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.

Subdivison Web Application ToolHISTORYPROGRAM GOALSTARGET AUDIENCECURRENT/FUTURE STATUSON-LINE DEMONSTRATION

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

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

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

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

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

Subdivision Web Application Tool

Questions?

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.

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.

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

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

Breakdown of the Systems

Transient Water System

Public Water SystemNon-Community Water SystemCommunity Water System

Non-Transient Water System

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

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

Something I want to mentionAll 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.

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.