Senate bill NO. 383

INTRODUCED BY G. Hertz, D. Fern, P. Fielder, B. Keenan, J. Fuller, M. Noland, J. Welborn, J. Ellsworth, C. Sprunger

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO STUDY INDIVIDUAL SEPTIC SYSTEMS, DEVELOP EDUCATIONAL MATERIALS, AND WRITE MODEL RULES; REQUIRING A REPORT TO THE WATER POLICY INTERIM COMMITTEE; and PROVIDING AN IMMEDIATE EFFECTIVE DATE and A TERMINATION DATE."

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

NEW SECTION. Section 1. Individual septic system -- model rules -- department duties. (1) The department of environmental quality shall:

(a)        assemble information on individual septic systems in Montana, including the number, types, maintenance requirements, and impacts to water quality;

(b)        prepare educational information on septic tank system maintenance and disseminate it to the public, local governments, and local boards of health; and

(c)        develop model rules for implementing septic tank system maintenance programs that would allow local governments or boards of health to evaluate individual septic systems for significant defects and protect water quality; and

(d)        investigate and recommend software options for establishing a statewide database in which septic system information collected in the future by local governments could be centralized.

(2)        The department shall complete the requirements of subsection (1) prior to September 15 1, 2024, and report to the water policy interim committee in accordance with 5-11-210.

(3)        Local governments and boards of health may adopt the model rules, but nothing in this section requires rule adoption or confers local authority to the department of environmental quality.

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.

NEW SECTION. Section 3. Termination. [Section 1] terminates January 1, 2025.