(1) A local department or board of health, if it
requests certification, must be certified as the reviewing authority if the
following requirements are met and the sanitarian or engineer is qualified as
described in (2) of this rule:
(a) the local department or board of health
employs a registered sanitarian or a registered professional engineer
responsible to perform the actual review.
Those local governments employing more than one registered sanitarian or
registered professional engineer shall designate one such person to be
responsible for the review program; and
(b) the local department or board of health is
required, pursuant to a written contract, to review subdivision applications
according to:
(i) the provisions of Title 76, chapter 4, MCA;
(ii) this chapter;
(iii) applicable department circulars;
(iv) Title 75, chapter 5, MCA;
(v) ARM Title 17, chapter 30, subchapters 5 and
7; and (vi) other applicable laws and
regulations.
(2) A registered sanitarian or registered
professional engineer, prior to performing subdivision review, shall:
(a) pass, with a score of at least 90%, a
written examination administered by the department that demonstrates knowledge
of:
(i) Title 76, chapter 4, MCA;
(ii) this chapter;
(iii) applicable department circulars;
(iv) Title 75, chapter 5, MCA;
(v) ARM Title 17, chapter 30, subchapters 5 and
7; and
(vi) other applicable laws and regulations; and
(b) have a minimum of one year's experience
performing subdivision review under the direct supervision of the department or
of a department-approved registered sanitarian or registered professional
engineer.
(3) The department's oversight of a certified
local reviewing authority's review of subdivision applications shall be limited
to the following:
(a) within the 60-day review period, the
department shall determine, by reference to the local reviewing authority's
review checklist or by other means, whether the local reviewer has conducted a
completeness review of the application and whether the local reviewer has
completed a compliance review of all systems designated by the contract between
the department and the local reviewing authority. If the department determines that either of these tasks was not
completed, the department may return the application to the local reviewing
authority for further review or may itself complete the review;
(b) within the 60-day review period, the
department may check the accuracy of the local reviewing authority's review of
subdivision applications. The
department's accuracy checks must be limited to 10% of the applications
submitted to the department by the local reviewing authority, except that the
department may also review an application:
(i) upon the request of the local reviewing
authority; or
(ii) when the department has reason to question
the local reviewing authority's determination for a particular application;
(c) if the department identifies possible errors
or discrepancies in the local reviewer's determination regarding an
application, the department shall consult with the local reviewer. If, after consultation, the department does
not agree with the local reviewer's determination regarding an application's
compliance with applicable state laws, rules, and circulars, the department
may, prior to the expiration of the review period for the application, modify
the local determination regarding the state requirements;
(d) in addition to, or instead of, examining
locally reviewed applications during the 60-day review period, the department
may conduct an annual audit of a representative sample of locally reviewed
applications.
(4) The department retains the right to suspend
or revoke the certification of the local department or board of health if the
department determines that the local reviewing authority is not complying with
the sanitation in subdivisions act or other applicable statutes or rules.