Montana Code 75-6-108. Department to prescribe fees — opportunity for appeal
75-6-108. Department to prescribe fees — opportunity for appeal. (1) The department shall by rule prescribe fees to be assessed annually on owners of public water supply systems to recover department costs in providing services under this part. The annual fee for a public water supply system is no more than $2.25 for each service connection to the public water supply system for the biennium beginning July 1, 1991, and ending June 30, 1993, and thereafter is no more than $2 for each service connection to the public water supply system, although the minimum fee for any system is $100, except that the fee for a transient noncommunity water system is $50.
Terms Used In Montana Code 75-6-108
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-6-102
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-6-102
- Public sewage system: means a system of collection, transportation, treatment, or disposal of sewage that serves 15 or more families or 25 or more persons daily for any 60 or more days in a calendar year. See Montana Code 75-6-102
- Public water supply system: means a system for the provision of water for human consumption from a community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that has at least 15 service connections or that regularly serves at least 25 persons daily for any 60 or more days in a calendar year. See Montana Code 75-6-102
- Sewage: means water-carried waste products from residences, public buildings, institutions, or other buildings, including discharge from human beings, together with ground water infiltration and surface water present. See Montana Code 75-6-102
- Transient noncommunity water system: means a public water supply system that is not a community water system and that does not regularly serve at least 25 of the same persons for at least 6 months a year. See Montana Code 75-6-102
- Writing: includes printing. See Montana Code 1-1-203
(2)Public water supply systems in a municipality may raise the rates to recover costs associated with the fees prescribed in this section without the public hearing required in 69-7-111.
(3)The department shall by rule prescribe fees assessed on persons who submit plans and specifications or development plans for construction, alteration, or extension of a public water supply system or public sewage system. The fees must be commensurate with the cost to the department of reviewing the plans and specifications.
(4)Fees collected pursuant to this section must be deposited in the public drinking water special revenue fund established in 75-6-115.
(5)(a) The department shall notify the owner of a public water supply system in writing of the amount of the fee to be assessed and the basis for the assessment. The owner may appeal the fee assessment in writing to the board within 20 days after receipt of the written notice.
(b)An appeal must be based on the allegation that the fee is erroneous or excessive. An appeal may not be based only on the fee schedule adopted by the department.
(c)If any part of the fee assessment is not appealed, it must be paid to the department on receipt of the notice provided for in subsection (5)(a).