BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.40.201, 17.40.202, 17.40.203, 17.40.206, and 17.40.208 pertaining to definitions, classification of systems, certification of operators, examinations, certified operator in charge of system--exceptions

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NOTICE OF AMENDMENT   (WATER TREATMENT SYSTEMS AND OPERATORS)

 

            TO:  All Concerned Persons

 

            1.  On February 9, 2012, the Department of Environmental Quality published MAR Notice No. 17-329 regarding a notice of public hearing on the proposed amendment of the above-stated rules at page 257, 2012 Montana Administrative Register, issue number 3.

 

            2.  The department has amended ARM 17.40.201, 17.40.202, 17.40.203, 17.40.206, and 17.40.208 exactly as proposed.

 

            3.  The following comment was received and appears with the department's response:

 

            COMMENT:  One commentor appreciates the proposed rule changes, but has a concern.  The requirement to obtain a discharge permit for an on-site system was adopted in 1998.  There are a significant number of systems approved prior to that date that are not required to have a discharge permit.  Commentor requests expansion of the proposed rules to include those non-permitted systems.

            RESPONSE:   The department's decision to limit the proposed amendment to systems operating under a discharge permit came after much discussion with interested parties.  The proposed amendments require only those systems with the responsibility of complying with monitoring and reporting requirements required by a discharge permit to have a certified operator.  Because the notice did not propose that systems without a discharge permit be required to have a certified operator, the department cannot now modify the rule to require it.  Those persons are entitled to notice and an opportunity to comment before the requirement could be applied to them.  The department may consider expansion of the requirements at a later date.  However, the department has not made the requested change in this rulemaking proceeding.

 

 

 Reviewed by:                                     DEPARTMENT OF ENVIRONMENTAL

                                                                        QUALITY

 

 

 

/s/ John F. North                                   By:  /s/ Richard H. Opper                        

JOHN F. NORTH                                           RICHARD H. OPPER, DIRECTOR

Rule Reviewer

 

            Certified to the Secretary of State, April 16, 2012.