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:
(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.
History: En. 69-5010 by Sec. 1, Ch. 557, L. 1977; R.C.M. 1947, 69-5010; amd. Sec. 5, Ch. 490, L. 1985; amd. Sec. 1, Ch. 294, L. 1987; amd. Sec. 7, Ch. 80, L. 2019.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 4. State Regulation of Subdivisions
Part 1. Sanitation in Subdivisions
76-4-103. What constitutes subdivision
76-4-104. Rules for administration and enforcement
76-4-105. Subdivision fees -- subdivision program funding
76-4-106. Cooperation with other governmental agencies
76-4-107. Authority to inspect and monitor -- certification
76-4-110. Additional remedies available
76-4-111. Exemption for certain condominiums, townhomes, and townhouses
76-4-112. Easements and restrictive covenants
76-4-113. Notification to purchasers
76-4-114. Review of application
76-4-115. Contents of application -- supplemental information
76-4-117. through 76-4-120 reserved
76-4-121. Restrictions on subdivision activities
76-4-122. Certain filings prohibited
76-4-125. Land divisions excluded from review
76-4-129. Joint application form and concurrent review
76-4-130. Deviation from certificate of subdivision approval
76-4-131. Applicability of public water supply laws
76-4-132. Special revenue account -- deposit and use of fees
76-4-133. Installation inspection
76-4-134. Owner request for review
76-4-135. State regulations no more stringent than federal regulations or guidelines