Montana Code 76-4-107. Authority to inspect and monitor — certification
76-4-107. Authority to inspect and monitor — certification. (1) In order to carry out the objectives of this part, to monitor the installation of sewage disposal and water supply systems, and to prevent the occurrence of water pollution problems associated with subdivision development, the reviewing authority, whenever any water supply or sewage disposal system is proposed or has been constructed, may:
Terms Used In Montana Code 76-4-107
- Property: means real and personal property. See Montana Code 1-1-205
- public sewage disposal system: means a public sewage system as defined in 75-6-102. See Montana Code 76-4-102
- Public water supply system: has the meaning provided in 75-6-102. See Montana Code 76-4-102
- Registered professional engineer: means a person licensed to practice as a professional engineer under Title 37, chapter 67. See Montana Code 76-4-102
- Reviewing authority: means the department or a local department or board of health certified to conduct a review under 76-4-104. See Montana Code 76-4-102
- Sewage: has the meaning provided in 75-5-103. See Montana Code 76-4-102
- Subdivision: means a division of land or land so divided that creates one or more parcels containing less than 20 acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and includes any resubdivision, any condominium, townhome, or townhouse, or any parcel, regardless of size, that provides two or more permanent spaces for recreational camping vehicles or mobile homes. See Montana Code 76-4-102
(a)enter any public or private property, at reasonable times and after presentation of appropriate credentials by an authorized representative of the reviewing authority, to inspect the system in order to ensure that the plans and specifications approved for the system have been adhered to and that the provisions of this part, rules, or orders are being satisfied;
(b)require as a condition of approval that records concerning the operation of a sewage disposal or water supply system be maintained or that monitoring equipment or wells be installed, used, and maintained for the collection of data related to water quality.
(2)The reviewing authority shall require certification from a registered professional engineer that a public water supply system or a public sewage disposal system required by rule to be designed by a registered professional engineer has been constructed according to approved plans and specifications.