HOUSE BILL NO. 596

INTRODUCED BY R. SOMERVILLE

A BILL FOR AN ACT ENTITLED: "AN ACT INCORPORATING USE OF NEW TECHNOLOGY INTO THE RESEARCH AND INFORMATION RESPONSIBILITIES OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY; REQUIRING THE DEPARTMENT TO MAKE AVAILABLE FOR ELECTRONIC ACCESS AND FOR PRIVATE-SECTOR HARD COPY PRODUCTION AND PUBLIC PURCHASE A COMPILATION OF UPDATED WATER QUALITY INFORMATION; REQUIRING RULES RESTRICTING CHANGES TO DESIGN AND CONSTRUCTION CRITERIA FOR 36 MONTHS FOLLOWING DEPARTMENT APPROVAL OF CERTAIN WATER AND WASTE SYSTEMS OR FACILITIES; AMENDING SECTIONS 75-5-212 AND 75-6-103, MCA; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 75-5-212, MCA, is amended to read:

"75-5-212. Department research and information. (1) The department shall:

(a) collect and furnish information relating to the prevention and control of water pollution;

(b) conduct or encourage necessary research and demonstrations concerning water pollution;

(c) encourage and provide for the use of appropriate new methods, materials, and models in evaluation, design, and construction as they relate to water quality.

(2) (a) In the implementation of subsection (1)(a), the department shall, at intervals not to exceed 5 years, compile and when necessary, update department organizational information, statutes, rules, permitting information, standards, and bulletins related to water quality. The first compilation must be complete and made available in hard copy and for electronic access by January 31, 2000.

(b) The department shall advertise for competitive bid the production of the compilation and the sale and distribution of the compilation to interested persons. The activities of the contractor under this subsection must be funded by sales revenue, not by state funds associated with the contract. Bids may incorporate a reasonable return to the contractor through the sale price of the compilation and must specify what the sale price will be. When selecting a contractor under this subsection, the department shall balance quality of product and service with the reasonableness of the cost to the purchaser."

Section 2. Section 75-6-103, MCA, is amended to read:

"75-6-103. Duties of board. (1) The board has general supervision over all state waters that are directly or indirectly being used by a person for a public water supply system or domestic purposes or as a source of ice.

(2) The board shall, subject to the provisions of 75-6-116, adopt rules and standards concerning:

(a) maximum contaminant levels for waters that are or will be used for a public water supply system;

(b) fees, as described in 75-6-108, for services rendered by the department;

(c) monitoring, recordkeeping, and reporting by persons who own or operate public water supply systems;

(d) requiring public notice to all users of a public water supply system when a person has been granted a variance or exemption or is in violation of this part or a rule or order issued pursuant to this part;

(e) the siting, construction, operation, and modification of a public water supply system or public sewage system;

(f) the review of financial viability of a proposed public water supply system or public sewage system, as necessary to ensure the capability of the system to meet the requirements of this part;

(g) the collection and analysis of samples of water used for drinking or domestic purposes;

(h) the issuance of variances and exemptions as authorized by the federal Safe Drinking Water Act and this part;

(i) administrative enforcement procedures and administrative penalties authorized under this part;

(j) standards and requirements for the review and approval of programs that may be voluntarily submitted by suppliers of public water supply systems to prevent water supply contamination from a cross-connection, including provisions to exempt cross-connections from the standards and requirements if all connected systems are department-approved public water supply systems; and

(k) any other requirement necessary for the protection of public health as described in this part.

(3) Board rules must provide for the following:

(a) a water supply or water distribution facility reviewed and approved by the department is not subject to changes in department design and construction criteria for a period of 36 months after written approval of the facility is issued by the department;

(b) except for facilities subject to permit requirements under Title 75, chapter 5, part 4, a system of water supply, drainage, wastewater, or sewage reviewed and approved under this section is not subject to changes in department design or construction criteria for a period of 36 months after written approval is issued by the department;

(c) plans and specifications for a portion of a facility or system subject to a 36-month limit on criteria changes pursuant to subsections (3)(b) and (3)(c), but not constructed within the 36 month timeframe, must be resubmitted for department review and approval before construction of that portion of the facility.

(4) The board may issue orders necessary to fully implement the provisions of this part."

NEW SECTION. Section 3. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 1999.

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