Neighborhood group sues DEQ over septic system permit for subdivision

A Columbia Falls neighborhood group has filed suit against Montana Department of Environmental Quality in its permitting process for the Benches subdivision just east of the city off Highway 2. The suit, filed by the Upper Flathead Neighborhood Association and Citizens for a Better Flathead, claims the DEQ did not adequately assess the impacts of the septic systems of the 48-home subdivision on the Flathead River and neighboring aquifer.

Moreover, it violated the state constitution when it allegedly cut off public comment on its decision, the suit claims.

“Sewage from the Benches subdivision’s 48 proposed septic systems on individual lots will contribute to pollution in groundwater,” the complaint, filed Lewis and Clark County district court claims.

The plaintiffs back up their claims with a study by Helena hydrogeologist Willis Weight, who did an independent analysis of the hydrogeology of the area.

According to his report, sewage from homes would run toward the Flathead River, which is about 600 feet to the west, not south, as the developer’s analysis found, said Shirley Folkwein of the neighborhood association.

The river isn’t the only thing that could be impacted, they claim. It could also impact the shallow aquifer in the area and neighboring wells.

Folkwein said the suit also speaks to constitutional issues, as they claim the DEQ shut them out of the public comment process when it approved the permit.

“Despite requests from the public, including plaintiffs, DEQ failed to provide the public any opportunity to participate in its nondegradation policy decision making pursuant to the Montana Water Quality Act, thereby violating the plaintiffs fundamental constitutional rights to public participation,” they claimed.

The nondegradation policy spoken of is the process by which the septics were approved. The homes would be built on about 55 acres of land total, though the actual housing is on about 32.5 acres.

The development was approved, with several conditions, by the city of Columbia Falls, which has planning jurisdiction.

Neighbors brought up concerns about water during those hearings, but city officials noted that decisions about water and sewer systems were up to DEQ, not the city.

The developer has already put the roads in to serve the subdivision and one home has been started.

The suit asks the court to void DEQ’s certificate of plat approval and to do a more thorough analysis of the project.

It asks the court to “issue a writ of mandamus directing DEQ to reconsider its Montana Water Quality Act decision making and to ensure the public is afforded an opportunity to participate in the Benches’ nondegradation review process pursuant to the Montana Constitution.”

A writ of mandamus is legal phrase — in short a court order directing government officials to properly fulfill their official duties.

DEQ spokeswoman Moira Davin said the agency had just received the complaint and had no comment.