Septic regulations Public Comment from Citizens for a Better FlatheadTo: The Kalispell City Council
From: Mayre Flowers, CBF
RE: Proposed changes to the Flathead County Septic Regulations and Construction
Standards, which come before the Flathead County Commissioners for a hearing on
March 17th at 10am
Citizens for a Better Flathead was founded in 1992 and our mission is to foster citizen
participation and champion sustainable solutions needed to keep the Flathead ecologically and
economically healthy. We represent some 2000+ Flathead County residents.
Thank you for the opportunity to provide comments to you today.
Our recommendation is to leave the regulations regarding gravity fed drainfields as is. It
has worked fine since 2004. To address concerns for properties that have unique situations
like no electricity —though since 2004 many pressure dosed drainfields have been installed which
rely on a generator or solar panel. A simple fix for these exceptions would be a few word
change to the Deviation Section of the county regulations:
SECTION 13 — Deviations
13.1 The Health Officer may grant deviations from the requirements of the Regulations and
Construction Standards in certain circumstances. Deviations from the Regulation and
Construction Standard will =be considered for replacement system
13.2 A person desiring a deviation shall make a request in writing to the Department along with
the application and fee. The request must identify the specific section of the Regulations or
Construction Standards to be considered. Adequate justification for the deviation must be
provided. "Engineering judgment" or "professional opinion" without supporting data is
considered inadequate justification. The justification must address the following issues:
A. The system that would be allowed by the deviation would be no more likely to cause
pollution of state waters than a fully -compliant sewage treatment system meeting all the
standards.(75-5-605, MCA); and
B. The granting of the deviation would protect the quality and potability of water for public
water supplies and domestic uses and would protect the quality of water for other
beneficial uses, including those uses specified in 76-4-101, MCA; and
C. The granting of the deviation would not adversely affect public health, safety, and welfare.
D. Setbacks from groundwater and surface water in Table 1 of Section 10.2 must be
maintained for all absorption systems (non -sealed components). In no circumstance will
waivers to setbacks from absorption systems be considered.
13.3 Department staff will review the request for the deviation and forward the request to the
Health Officer for final action. The Health Officer may deny the request, or approve the request
Circular DEQ 4
Page 6 of 159
1.1.2. Types of Systems
This Circular describes different types of wastewater treatment and disposal systems for
use in subsurface effluent discharge. These systems typically consist of a collection
system, septic tank, distribution box, or manifold and a series of subsurface laterals for
effluent allocation. All wastewater applied to the subsurface treatment system must meet
residential strength parameters. The method and pattern of effluent discharge in a
subsurface absorption system are important design elements; distribution of effluent may
be either through gravity flow application or pressure dosing.
The gravity flow method of effluent distribution discharges wastewater from the septic
tank or other pretreatment tank directly to the subsurface treatment system as incoming
wastewater displaces it from the tank(s). It is characterized by the term "trickle flow"
because the effluent is slowly discharged over much of the day. Typically, tank
discharges are too low to flow throughout the entire subsurface network; thus, distribution
is unequal and localized. Overloading of the infiltration surface may occur. Without
extended periods of little or no flow to allow the subsoil to dry, hydraulic failure is
possible.
Pressure dose distribution accumulates wastewater effluent in a dose tank from which it is
periodically discharged under pressure to the subsurface treatment system by a pump. The
pretreated wastewater is allowed to accumulate in the dose tank and is discharged "in
doses" when a predetermined water level, water volume, or elapsed time is reached. The
dose volumes and discharge rates are usually such that much of the subsurface network is
filled, resulting in more uniform distribution over the absorption system area. Periods
between doses provide opportunities for the subsoil to drain and re -aerate before the next
dose. As a result, dosed -flow systems reduce the rate of soil clogging, more effectively
maintain unsaturated conditions in the subsoil, and provide a means to manage wastewater
effluent applications to the absorption system. Dosing outperforms gravity -flow systems
because distribution is more uniform, controlled, and can be used in any application.
Pressure dosed distribution should be the method of choice whenever possible.
The wastewater treatment and disposal systems described by this document include
standard absorption trenches, shallow -capped absorption trenches, at -grade absorption
trenches, deep absorption trenches, sand -lined absorption trenches, gravelless trenches and
other absorption systems, elevated sand mounds, intermittent sand filters, recirculating
sand filters, recirculating trickling filters, evapotranspiration absorption systems,
evapotranspiration systems, aerobic wastewater treatment units, chemical nutrient
reduction systems, waste segregation systems, subsurface drip systems, gray water
systems, and experimental systems. Below is a partial list of system applications intended
to assist in problem solving for a particular set of site conditions.
1.1.3. System Uses
1.1.3.1. Deep absorption trenches are used to break through an impervious soil layer and
allow effluent to infiltrate a deeper and more permeable soil. The bottom of the
trench must not be more than 5 feet below natural ground surface.
December 2023 Edition
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3.64 Vaulted Pit Privy - is a structure and an underground watertight vault for the temporary
storage of non -water -carried wastewater.
3.65 Waste Segregation - shall mean a system for the dry disposal of toilet waste by a method
such as composting, chemical, dehydrating, or incinerator treatment with a separate disposal
method for gray water.
4.1 A permit issued by the department is required for any person to construct, alter, repair and/or
operate any sewage treatment system within Flathead County unless the system is either a
municipal or a Sewer District owned sewage treatment system.
4.2. All applications for permits shall be made to the Department. The applicant will furnish plans
to the Department. Individual sewage treatment plans will be processed at the County level.
Certain multi-user and all Public Sewage system plans will be reviewed by the Department
and forwarded to the Montana Department of Environmental Quality, if required, for their
review, approval and returned to the Department.
Permits shall be issued upon compliance by the applicant with all provisions of these
regulations. Upon completion of the review process, approval and payment of the
appropriate fee, one copy of the permit will be provided to the applicant. An application will
expire in one year if no activity by the owner has occurred.
4.3 All sewage treatment systems in Flathead County shall utilize uniform pressure
distribution. Plans and specifications shall be prepared by a professional engineer or a
sewage treatment system designer certified by the Department.
4.4 Non -degradation - All new septic systems within Flathead County, except those previously
reviewed under the Sanitation in Subdivisions Act, shall comply with those standards as
required under the Administration Rules of Montana (ARM) Title 17, Chapter 30, Sub -chapter
5, Mixing Zones in Surface and Groundwater and Sub -chapter 7, Non -degradation of Water
Quality. A fee for this activity will be assessed as established in the schedule of fees adopted
by the governing body.
4.5 Application for a sewage treatment system permit, site review, or site evaluation shall be
made only by the owner or lessee of the property for which the system is proposed or
his/her legally authorized agent or assigns and shall be in writing bearing the applicant's
signature. Applications shall be made on forms provided by the Department and shall
include the following:
(1) Legal description of property for which construction, alteration, or repair is proposed. [Lot
and Block numbers in a platted subdivision, or if applicable the Tract Number(s) and an
assessor number, plus the Section, Township and Range]. The applicant MUST ALSO
PROVIDE a visual representation of the property. This may be a copy of a Certificate of
Survey that created the property, a copy of the Plat, Deed Exhibit, or a copy of the Section
map. This material may be obtained at the Plat Room of the County Clerk and Recorder's
Office at the owner's expense.
(2) Parcel Size
Montana
https://dailyinteri ake-mt.newsmemory.com/ee/_nmum/_default_bb_inc...
Water resources too valuable to loosen septic regs
INTER LAKE EDITORIAL
Instead of using a butcher knife to amend septic regulations, the board should reach for a
scalpel.
A requirement that all septic systems in the county use pressurized distribution is on the
chopping block as the Flathead City -County Health Board reviews significant updates to its
septic regulations and building standards.
The amended document proposes stripping the uniform mandate, which would allow gravity
septic systems. Gravity systems move sewage through pipes to a drain field, where it flows with
the help of gravity, whereas pressure systems require pumps to more evenly distribute effluent.
The change in regulations would particularly benefit homes in remote locations without access
to electricity required to run septic pumps. Proponents argue that gravity systems would still
need to meet Department of Environmental Quality standards and that most other Montana
counties allow them.
But the Flathead isn't like most other places.
Northwest Montana is home to the most lakes in Montana, with more than 500 natural
waterbodies and 3,000 miles of streams in the region. The abundance of fresh, pristine water is
deeply valued by all residents and a piston for the region's economic engine.
Experts note that gravity systems, while easy to maintain, may not be ideal for places like
Flathead County with high groundwater and plentiful surface water. Among them is former
county Health Officer Joe Russell, who led the department for about two decades. Russell
warned the board that gravity systems pose issues that could lead to "creeping" septic failures
that threaten water quality over time.
"We (Flathead County) set the standard for the state for compliance with non -degradation laws,"
Russell said of establishing the pressure system requirement. Eliminating the regulation would
be "a step backwards," he said.
Protecting public and environmental health should be the top priority for the health board in all
matters. There's no room for regression.
That doesn't mean gravity systems should fall under an outright ban — there are places where
that system may be the best available option. But instead of using a butcher knife to amend
septic regulations, the board should reach for a scalpel.
The appropriate mechanism to accommodate gravity systems in places where pressure systems
aren't feasible is through the department's deviation process, which allows the health officer to
review requests on a case -by -case basis. If a homeowner can present a compelling case why a
pressure system isn't possible, a deviation could be granted so long as there are no negative
effects on the environment.
1 of 2 2/22/26, 12:37 PM
�',;Os FOB'
PO Box 2198, Kalispell, Montana, 59903
To: The Flathead County Health Board
RE: Proposed changes to the Flathead County Septic Regulations and Construction
Standards
1-26-2026
Citizens for a Better Flathead was founded in 1992 and our mission is to foster citizen
participation and champion sustainable solutions needed to keep the Flathead ecologically and
economically healthy. We represent some 2000+ Flathead County residents.
Thank you for the opportunity to provide comments to you today. We were not aware that this
update was being drafted until we saw the recent legal ad notifying the public of this comment
period. If there is a way to get a more timely notice of upcoming hearings such as an email
list -serve notice we would appreciate an earlier notice opportunity.
We recently provided public comment at the workshop the County Planning Board held on
possible updates to the Flathead County Lake and Lakeshore Regulation. At that meeting the
board chair, Jeff Larsen, shared that one regulation that he has long felt that Flathead County
should have in place is a regulation to require that septic systems that are installed within the
drainage watershed of a lake in Flathead County should be required to have at a minimum a
Level 2 Advanced treatment for septic waste systems. We thought that was an excellent idea
and we understand that such a requirement can be part of the regulation update that is before
you today.
We ask that you take the steps needed to ensure the regulations before you require at a
minimum Level 2 Advanced treatment for septic waste systems within sub watersheds
that surround lakes in Flathead County as well as Level 2 advanced nutrient -reduction
treatment for replacement of failed or failing existing septic systems, and for new or
increased on -site wastewater discharges in all watersheds identified as impaired for
nutrients.
Additionally, we request that you act as Gallatin County has recently done to require
systems treating septage in a subwatershed that contains or immediately drains to an
impaired water body to discharge effluent at no more than 24 milligrams per liter (mg/L)l
of nitrate plus nitrite unless a site -specific significance determination requires a different
standard. We are also requesting the amendments you make also include standards that add
We understand that your current definition under 3.31 Level 2 Treatment already establishes the
standard for these systems of discharge effluent at no more than 24 milligrams per liter (mg/L).
credentialing and inspection clarifications, authorize a streamlined review pathway for early
Level 2 treatment applications, and tighten enforcement and variance procedures.
While the draft changes to the provided are confusing without any clarification as to the
difference between yellow and green highlighted sections, we in general we ask that you
consider the following changes proposed in the draft posted for this hearing that call for:
• Updates to the Definition section. In general we support these updates.
• We are concerned with the following section on top of page 14 : Sewage treatment
systems within the 100 year floodplain may be replaced provided all other setback and
separation requirements are met. However, if any portion of the applicant's property is
located out of the floodplain, the applicant may be required to locate all or a portion of
the replacement system in this area. Replacement should also require that at a
minimum Level 2 Advanced treatment for septic waste is used.
• It is confusing but it appears that the highlighted sections on page 10 and 11 are
suggested to be eliminated, but we would ask for clarification on the intent and factual
support for removal. It appears to us that removal of this section would unjustifiably
weaken the existing regulations.
• We agree that it is important to differentiate between pre-existing systems (before July 1,
1969 with no permit) and existing systems that should have a permit.
• We do not support the removal of section 6.6 that speaks to requirements for requiring
the hooking up to a public system when within 200 feet.
• We strongly oppose any suggestions of going back to the regulations to allow
gravity systems, or gravity or septic or wastewater collection systems. In order to
require pressure dose systems exclusively in Flathead County, justification had to be
provided so the County could be more stringent than the State. That was done when
those standards were adopted by the county many years ago and we fail to see any
evidence to support that returning to gravity systems would not lead to weaker protection
of our water quality.
• We strongly oppose suggestions that these regulations be weakened by
suggestions to get rid of the Flathead County Construction Standards and to
instead adopt the DEQ Circular 4. This would allow things such as gravity systems and
ETA beds which Flathead County currently doesn't allow.
• On page 22 #6 change may to shall. 6) The Department may require that special
design criteria and construction techniques be utilized when septic tanks, pumping
chambers and sealed lines are proposed to be located within two (2) feet of the
groundwater table, bedrock, impermeable soils, or extremely coarse soils (gravels).
• We in general support highlighted section 10.5 Slope Restrictions as long as they do
not weaken the current regulations.
• We do not support reduction in fees for violation rules as suggested on section 15.4.
Lower fees simply become a cost of doing business and are not an adequate deterrent
to violations of these regulations.
Exhibits and Reports:
Flathead Basin Septic Risk Model provides a factual basis for this update to the Flathead
County Septic Regulations and Construction Standards to be made stronger and not
weakened as would be the case if gravity drain fields were to be once again permitted.
httis://experience.arcqis.com/experience/6al699aa4Ob84061 a bdf84666096053/
https://experience.arcgis.com/experience/6al699aa40b84061 a bdf84666096053/page/
Project -Summary
WLI has conducted scientific measurements of Whitefish Lake for twenty years. The
results of these long-term investigations are reported in several peer reviewed reports at
the link below. These reports provide critical data showing the importance of requiring
advanced nutrient -reduction treatment for new or increased on -site wastewater
discharges in watersheds around our lakes in Flathead County and particularly in
watersheds identified as impaired for nutrients, and thus not only lakes but for rivers and
streams as well.
https://whitefishIake.org/reports/