Cal. Civ. Code § 37.111.1209
37.111.1209 WASTEWATER TREATMENT REQUIREMENTS
Operative Text
(1) Wastewater treatment systems must be located, designed, constructed, and operated in accordance with local and state regulations. (a) A failed wastewater treatment system must not be used until repaired or replaced. An alternative system approved by the local regulatory authority must be provided during the interim. (b) All plumbing fixtures must discharge to an approved wastewater treatment system. (c) Wastewater may not discharge onto the ground surface or to surface water. (2) An establishment that limits occupancy of individuals to 14 days or less may use an alternative system with applicable approval by the local regulatory authority, Department of Environmental Quality, or department for sewage disposal, provided the system does not place sewage in a location likely to cause pollution of state waters, in violation of Title 75, chapter 5, MCA, or pose potential adverse public health effects. (3) If the establishment provides individual connections for wastewater disposal: (a) the sewer riser must be four inches in diameter; (b) surface drainage must be diverted away from the riser; (c) if serving a mobile home space, the sewer riser must be located so that connection to the mobile home will approximate a vertical position; (d) the sewer riser must be separated from the water riser by at least six feet; (e) the sewer riser must be securely plugged or capped when not in use; and (f) flex hose may be used to connect an independent or dependent unit if the unit will be connected for less than 30 days. Connections for mobile homes and units that will be connected for more than 30 days must meet state plumbing codes and local wastewater treatment and disposal regulations.
Mont. Admin. R. 37.111.1209 establishes standards for how wastewater treatment systems at lodging and similar establishments must be sited, built, and operated under both local and state rules. A system that has failed cannot remain in service until it is repaired or replaced, and no wastewater may be discharged onto the ground or into surface water. Establishments that cap stays at 14 days or fewer may use alternative disposal systems with proper regulatory approval, and specific technical requirements apply whenever individual hookup connections are provided on-site.
Plain English — not legal advice.
Under Mont. Admin. R. 37.111.1209, compliant operators ensure that every wastewater system on the property is designed and maintained in conformance with local and state regulations, and that any failed system is taken out of service immediately with an approved interim alternative in place. Operators who offer individual sewer connections verify that risers meet the four-inch diameter requirement, are separated from water risers by at least six feet, and are capped or plugged when not in use. Short-term facilities limiting stays to 14 days or fewer that wish to use alternative disposal systems must secure the applicable approvals from the local regulatory authority, the Montana Department of Environmental Quality, or the relevant department before placing those systems in operation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Admin. R. 37.111.1209 gives occupants a basis to expect that any wastewater system serving their unit or space is fully operational, properly approved, and not discharging sewage onto the ground or into surface water. If a wastewater system appears to have failed or sewage is visibly surfacing, tenants can document the condition and report it to the local regulatory authority or the Montana Department of Environmental Quality, which oversees compliance with these standards. Tenant-rights organizations and legal aid offices can help occupants understand what remedies may be available when a facility is not meeting the requirements set out in 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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