75-6-103. Duties of board.
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 and as provided in 75-6-131, 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, including requirements to remedy:
(i) defects in the design, operation, or maintenance of a public water supply system or public sewage system in order to prevent or correct introduction of contamination into water used for a public water supply system, for domestic purposes, or as a source of ice;
(ii) fecal contamination in water used by a public water supply system; or
(iii) failure or malfunction of the sources, treatment, storage, or distribution portion of a public water supply system in order to prevent or correct introduction of contamination into water used for a public water supply system, for domestic purposes, or as a source of ice;
(f) the review of the technical, managerial, and financial capacity 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) except as provided in 75-6-131, 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, and except as provided under rules adopted pursuant to 75-6-131, 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)(a) and (3)(b), but not constructed within the 36-month timeframe, must be resubmitted for department review and approval before construction of that portion of the facility;
(d) the provisions of this subsection (3) may not limit an applicant's ability to alter a proposed project that is otherwise in conformance with applicable laws, rules, standards, and criteria.
(4) The board may issue orders necessary to fully implement the provisions of this part.
History: En. Sec. 142, Ch. 197, L. 1967; amd. Sec. 70, Ch. 349, L. 1974; amd. Sec. 2, Ch. 556, L. 1977; R.C.M. 1947, 69-4903; amd. Sec. 2, Ch. 556, L. 1979; amd. Sec. 2, Ch. 197, L. 1989; amd. Sec. 2, Ch. 645, L. 1991; amd. Sec. 13, Ch. 471, L. 1995; amd. Sec. 4, Ch. 488, L. 1995; amd. Sec. 8, Ch. 73, L. 1997; amd. Sec. 2, Ch. 511, L. 1999; amd. Sec. 3, Ch. 423, L. 2007; amd. Sec. 1, Ch. 85, L. 2009; amd. Sec. 2, Ch. 449, L. 2009.