Cal. Civ. Code § 37.111.116
37.111.116 WASTEWATER TREATMENT SYSTEM
Operative Text
(1) An adequate and safe wastewater system must be provided for conveying, treating, and disposing of all sewage from an establishment. (2) Immediate measures must be taken to alleviate health and sanitation hazards caused by wastewater at the establishment when they occur. (3) All wastewater must be disposed of by a public wastewater system approved by the Montana Department of Environmental Quality or by a private wastewater system constructed and operated in accordance to applicable state and local regulations. (4) A wastewater system has failed and requires replacement or repair if any of the following conditions occur: (a) the system fails to accept, treat, or dispose of wastewater as designed; (b) the system displays surfacing effluent; (c) effluent from the wastewater system contaminates a potable water supply or state waters; or (d) the wastewater system experiences mechanical failure, including electrical outage, or collapse or breakage of a septic tank, lead line, or drainfield line. (5) Extension, alteration, replacement, or repair of any wastewater system must be done in accordance with all applicable state and local regulations.
Mont. Admin. R. 37.111.116 requires that every covered establishment maintain an adequate and safe wastewater system capable of conveying, treating, and disposing of all sewage. The system must connect to either a public wastewater system approved by the Montana Department of Environmental Quality or a private system built and operated under applicable state and local rules. When a system fails—whether by surfacing effluent, contaminating a water supply, or experiencing mechanical breakdown—it must be repaired or replaced, and any hazards must be addressed immediately.
Plain English — not legal advice.
Under Mont. Admin. R. 37.111.116, operators of rental establishments are generally expected to maintain a functioning wastewater system that meets state and local standards at all times. Compliant operators routinely inspect their systems for signs of failure such as surfacing effluent, mechanical breakdown, or contamination of potable water, and they act promptly when any such condition arises. Any extension, alteration, or repair of the wastewater system must be carried out in conformance with applicable Montana Department of Environmental Quality requirements and local regulations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Admin. R. 37.111.116 establishes that tenants are entitled to an adequate and safe wastewater system at their establishment, and that hazards must be addressed immediately when they arise. If a wastewater system appears to be failing—for example, by surfacing effluent or causing sanitation concerns—tenants may document the conditions and report them to local health authorities or the Montana Department of Environmental Quality. Tenant-rights organizations and legal aid services can help residents understand what remedies or complaint processes may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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