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House advances bill standardizing septic approvals, requiring written directives from local boards of health
Summary
House Bill 658 would adopt DEQ circular standards for on‑site wastewater (septic) approvals, require local boards of health to set out written directives for applicants, and protect existing, functioning subsurface systems from retroactive county rule changes; it passed second reading amid divided debate.
Representative Jay Hinkle sponsored House Bill 658 to codify a uniform standard for subsurface on‑site wastewater treatment systems (septic systems), increase transparency in local board of health approvals, and shield systems that are functioning and not failing from retroactive local rule changes.
Hinkle said the bill draws on a DEQ circular that was developed with input from sanitarians, private consultants, engineers and DEQ staff and that the circular captures the soil types and practical designs used across Montana. The bill would require local boards of health to provide written directives when they impose requirements on plan applicants and would provide that subsurface on‑site wastewater systems that are already installed and functioning should not be subject to rule changes that would force an otherwise working system to be replaced.
Opponents at the microphone, including Representative Strand and Representative Elvrom, argued the bill overruled locally appropriate standards and could threaten groundwater and drinking wells by imposing a one‑size‑fits‑all standard that ignores soil and groundwater variability. Supporters argued the measure adds fairness and predictability for homeowners and businesses that bring engineered plans to local boards but then find repeated denials without clear written guidance.
On second reading the committee recorded 57 yes votes and 42 no votes and the bill passed second reading.
Key points - The bill seeks to adopt a statewide standard (DEQ circular) for septic design and approvals and to require local boards of health to document objections or required changes in writing so applicants have clear guidance. - Supporters say this reduces arbitrary, repeated denials that can force businesses to relocate; opponents say a single standard may not reflect local soils, hydrogeology, or changing uses and could risk groundwater quality.
Action - Motion to recommend do pass (mover: Representative Henkel). Final recorded second‑reading vote: 57 yes, 42 no. Outcome: passed second reading.
