75-6-121. Delegation of review of small public water and sewer construction. (1) If a local government requests a delegation and the appropriate division of the local government has established satisfactory review programs, the department shall delegate to the division of local government the review of:

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(a)small public water and sewer systems; and

(b)extensions or alterations of existing public water and sewer systems.

(2)The department shall adopt rules regarding the delegation of review authority to divisions of local government.

(3)A division of local government conducting a review under this section:

(a)must receive 90% of the review fee, and the department must receive the remaining 10% of the review fee; and

(b)shall complete documents necessary to complete the review and to comply with:

(i)the Montana Environmental Policy Act provided for in Title 75, chapter 1, parts 1 through 3;

(ii)real property takings requirements in accordance with Title 70; and

(iii)determinations of nondegredation and nonsignificance as required in Title 75, chapter 5.