Board of health transparency

I attended the Feb. 15 Missoula County Board of Health meeting in regards to the “new policy” Missoula Public Health, Environmental Health has for Seeley Lake. While the Missoulian and Pathfinder covered the presentation, both presented the changes to the Special Management Area (SMA) requirements as “proposed.” The chair of the board of health stated there would be a public process before the board implements new regulations. However, based on my experience, the health department is already enforcing the new policy that functions more like a new regulation.

This is not a new strategy for the health department. In her presentation, Missoula Public Health Environmental Health Manager Jeanna Miller stated that the health department started treating areas of Seeley Lake with a stricter septic policy in 2013. It wasn’t until 2015 that the “policy,” actually went before the board of health for approval as a regulation.

Number 2 of MCCHC Reg 1. Section 20(D) states that “The Department will evaluate septic permit applications on a case-by-case basis … ” The health department is no longer reviewing applications in the SMA on a “case-by-case” basis as required by the current health code. The new policy predetermines the outcome of an application for a “new use” regardless of the information specific to the property by requiring a “septic system that is capable of reducing nitrate to 7.5 mg/L or less in discharged effluent.”

I applied for a septic permit for a new use and was told I had to install a SepticNet to meet the new requirement.

The previous policy required “evidence in the form of a dilution analysis that shows the proposed discharge will not violate water quality standards exceeding a 10 mg/L nitrate value at the end of a 100 foot down gradient mixing zone.” This dilution analysis took into account the location of the property, the proposed discharge, the direction of groundwater flow and the highest nitrate value from the closest monitoring well.

I provided a dilution analysis with my application. However, the health department is no longer considering that information and instead is making a blanket determination within the SMA instead of assessing each application on a case-by-case basis.

The health department does not have the authority to implement regulations. That authority belongs to the board of health where there would be a public process instead of decisions made in closed-door health department staff meetings.

I feel the health department has overstepped their authority and should revert to their old policy until new regulations are proposed, taken through the public process and approved by the board of health. Considering groundwater flow, density and other factors should be discussed in public meetings before any one-size-fits-all regulations are implemented.

I have asked that the board of health put on the agenda and discuss if the health department’s new policy crosses the line into a regulation at one of their upcoming public meetings.