Missoula County opposes, as amended, HB 364: Allow for independent subdivision reviews for past due applications, up for second reading on the House floor this afternoon. We supported the bill initially, but we do not agree with the amendment where DEQ can certify an applicant to do their own review and write their own approval statement (called a Certificate of Subdivision Approval, or COSA). This means that there would be no objective review of an application, no second set of eyes to ensure that minimum standards are being applied fairly and consistently, or even at all.
Even experienced consultants can make mistakes on their applications. Some mistakes are small, but others can impact the County’s ability to issue septic permits or protect groundwater. We’ve seen applications that don’t take into account neighboring wells, high groundwater, slopes or bedrock. If there is no independent review of sanitation in subdivision applications, as is the case in Section 10 of this bill, it will not adequately protect public health and the environment. In addition, the County’s liability may increase for applications that we have no chance to review but that get filed with our clerk and recorder.
Missoula County supports, as amended, HB 364, up on the House floor today. This bill will help the Department of Environmental Quality address its backlog by allowing the department to contract with private consultant to review other consultants’ work. This would be in addition to and not take the place of county sanitarians who contract with DEQ to do sanitation reviews in their county. HB 364 also limits the number of extensions to the statutory review timelines that DEQ and county reviewers can issue for a project.
Senator Boldman,
ReplyDeleteMissoula County opposes, as amended, HB 364: Allow for independent subdivision reviews for past due applications, up for second reading on the House floor this afternoon. We supported the bill initially, but we do not agree with the amendment where DEQ can certify an applicant to do their own review and write their own approval statement (called a Certificate of Subdivision Approval, or COSA). This means that there would be no objective review of an application, no second set of eyes to ensure that minimum standards are being applied fairly and consistently, or even at all.
Even experienced consultants can make mistakes on their applications. Some mistakes are small, but others can impact the County’s ability to issue septic permits or protect groundwater. We’ve seen applications that don’t take into account neighboring wells, high groundwater, slopes or bedrock. If there is no independent review of sanitation in subdivision applications, as is the case in Section 10 of this bill, it will not adequately protect public health and the environment. In addition, the County’s liability may increase for applications that we have no chance to review but that get filed with our clerk and recorder.
Please oppose, as amended, HB 364.
Senator Boldman,
ReplyDeleteThis bill is actually up tomorrow afternoon at 3 p.m. in the Senate Local Government Committee, not on the House floor. Our comments still stand.
Thank you, and apologies for any confusion.
Representatives,
ReplyDeleteMissoula County supports, as amended, HB 364, up on the House floor today. This bill will help the Department of Environmental Quality address its backlog by allowing the department to contract with private consultant to review other consultants’ work. This would be in addition to and not take the place of county sanitarians who contract with DEQ to do sanitation reviews in their county. HB 364 also limits the number of extensions to the statutory review timelines that DEQ and county reviewers can issue for a project.
Please support HB 364.