Holland Lake Lodge Wastewater Variance (Condon)

The Missoula Health Board approved the variance for Holland Lake Lodge to use a holding tank until December 31, 2028 or the Forest Service replaces the failed lagoon wastewater system, whichever comes first. They also approved the request to use chemical toilets as a backup, so guests and employees always have access to bathroom facilities. Before they can begin operating, Holland Lake Lodge will have to meet the conditions of the variance, which include testing the existing tank, or a new tank, for watertightness. The conditions adopted by the Board are as follows:

• The pump chamber must be watertight to ensure wastewater does not leak out, and groundwater does not leak in.
• If the Applicant wants to use the existing tank, the collection lines must be scoped and shown to be free of breaks or leaks and to be watertight.
• The Applicant must do a two-part water leak test before the pump chamber is put into use as a holding tank and again at the beginning of the 2027 and 2028 season if a holding tank is still needed:
  • The Applicant must notify the Department of the leak test schedule at least two workdays before performing the tests. Department staff will be onsite during key parts of the test.
  • The tank must be emptied and then left for 24 hours to ensure no groundwater is intruding into the tank.
  • A leak test must be performed on the tank in accordance with DEQ 4, Chapter 5.1.7.A.2, and the Department’s leak test policy.
• If the leak tests are successful, the Applicant must purchase a septic permit to use the pump chamber as a holding tank.
• The variance from Section 10(A)(1) only applies to the existing pump chamber, and is limited to the following sections of DEQ 4:
  • 8.1.2 Holding tanks are septic tanks that have no standard outlets and are modified to provide full time access for pumping.
  • 8.1.4 Holding tanks must meet the construction standards for septic tanks in Chapter 5, except that no outlet opening shall be cast in the tank walls.
  • 8.1.6 Holding tanks installed where the seasonal groundwater table may reach any portion of the tank must be evaluated for buoyancy by a qualified individual and floatation prevented. The tanks must be a single pour (seamless) tank design...
• If the pump chamber shows evidence of leaks, it must be replaced with a tank that meets the specifications in DEQ Circular 4. Before a new tank can be installed, it must be reviewed by DEQ and permitted by the Department. The tank must be inspected, water tested and approved before it is put into use.
• The Applicant must follow the alert and pumping plan outlined in the variance application or as approved by the Department as part of the septic permit. The tank must be pumped by a licensed septage pumper as often as needed to ensure that wastewater does not back up into any buildings or surface on the ground.
• If wastewater flows exceed the ability of the septic pumpers to keep the tank pumped, the Applicant must reduce occupancy and activity on the property to levels that make wastewater management manageable; or replace the pump chamber with a tank of sufficient size that meets the specifications in DEQ Circular 4. Before a new tank can be installed, it must be reviewed by DEQ and permitted by the Department. The tank must be inspected, water tested and approved before it is put into use.
• If water is turned off because the tank has reached 75% capacity, all food service must be suspended. Guests on the property must have access to drinking water and alternative bathroom facilities, which can be portapotties.
• The Applicant must maintain service and pumping records for the duration of the variance, and provide them to the Department upon request.
• The Applicant must allow department staff to access the site during reasonable hours to assess the holding tank and compliance with conditions of the variance and the permit.
• Wastewater from the holding tank must be disposed of at an approved wastewater treatment plant or a DEQ-approved land application site.
• Chemical toilets must be available to guests and staff as backup toilet facilities;
• The Applicant must maintain chemical toilets in a sanitary fashion;
• The chemical toilets must be rented from a supplier licensed by DEQ; be of sturdy construction to assure no leakage of wastewater occurs; the doors must be self-closing; and other outer openings must be screened to exclude insects;
• The chemical toilets must be located at least 100’ away from any wells or surface water, in a secure location so that they will not be tipped over by winds or other forces;
• Contents of the chemical toilets must be disposed of off-site, at a DEQ-approved facility;
• Failure to comply with the conditions of the variance and any permit issued under the variance will void the variance in its entirety; and,
• This variance does not relieve the Applicant of any obligations under other local, state and federal laws or regulations.
• The variance expires after the lagoons have been replaced and put back into service or December 31, 2028, whichever comes first.

Project Description:

The owners of Holland Lake Lodge in Condon are requesting a health code variance to use holding tanks for wastewater management as a temporary measure until the U.S. Forest Service replaces the wastewater lagoons that serve the lodge complex and neighboring campground.

The Missoula City-County Health Code prohibits the use of holding tanks because they are an expensive way to manage wastewater, especially on a long-term basis. When operated correctly, holding tanks do not release wastewater or contaminants into the ground. However, the tanks must be in good condition, pumped regularly, and the wastewater must be disposed of at an approved treatment plant or treatment site. In addition, holding tanks requires a lot of attention and monitoring to ensure wastewater doesn’t overflow onto the ground or back up into buildings.

To temporarily use holding tanks, Holland Lake Lodge needs a variance from the Health Code. The Health Board can only grant a variance if the applicant meets the following criteria:

• The variance is needed to address extraordinary conditions that the applicant cannot have reasonably prevented,
• There is undue hardship to the applicant if the variance is not granted,
• No alternatives are reasonably feasible, and
• The variance request is not more than the minimum needed to address the extraordinary conditions, and
• The variance will not contaminate drinking water supplies, cause a public health hazard, violate other laws governing water pollution or wastewater treatment, pollute or degrade state waters or cause a nuisance.

Staff will complete a report, which includes an assessment of whether the application meets the variance criteria, and draft a proposed decision document based on the staff report. The Health Code requires these documents to be available at least one week before the hearing. Once they are completed, they will be posted on this page.

The health board is taking public comment on the requested variance. Comment demonstrating how the variance request does or does not meet these criteria is the most productive. All public comments are received and reviewed by board and staff prior to the health board meeting.

Background:

Using a temporary holding tank for a failed septic system is not uncommon. However, because the ownership changed after the lagoons failed, and the holding tank will likely be needed longer than is typical, a variance is required to operate with a holding tank as the wastewater system. The longer timeframe results from several factors. It takes time for a public wastewater system to be engineered and reviewed. Because this is a Forest Service project, time is needed to take and incorporate public comment. The Forest Service, not the operator of Holland Lake Lodge, is responsible for installing the new wastewater system, giving the operator less control over the timeline.

The holding tank is located near Cabin 2. Under normal operating conditions, this tank houses a grinder pump that pumps sewage up to two septic tanks near the lagoons. The sewage then goes through primary treatment in the tanks and is released into the lagoons for further treatment. Because the lagoons have failed, they must be replaced by the U.S. Forest Service. The Forest Service estimates they will be able to replace them in 2026 or 2027, after going through Montana Department of Environmental Quality review, public review and permitting. The Forest Service has indicated the pump in the holding tank has been turned off and cannot be turned back on except by Forest Service personnel with a key. This assures no sewage will be pumped into the upper septic tanks or released into the failed lagoons.

The holding tank is estimated to hold between 4,000 and 5,000 gallons of sewage. Holland Lake Lodge has service agreements with two pumping companies who have confirmed they could pump the tank as often as they need (as often as once a day).

Wastewater pumped from the holding tank would be disposed of at the City of Missoula Wastewater Treatment Plant or at a DEQ-approved land application unit in Kalispell.

Criteria the Health Board Uses to Make a Variance Decision

The purpose of a variance is to provide some flexibility from strict compliance with the health code, while ensuring that public health and the environment are protected. The Health Board can only approve a variance if all criteria are met:

1. The variance is necessary to address extraordinary conditions that the applicant could not have reasonably prevented;

2. Compliance with the requirement from which the variance is requested would result in undue hardship to the applicant;
3. No alternatives that comply with the requirements are reasonably feasible; and
4. The variance requested is not more than the minimum needed to address the extraordinary conditions.
5. Granting the variance will not:

1. contaminate any actual or potential drinking water supply;
2. cause a public health hazard as a result of access to insects, rodents, or other possible carriers of disease to humans;
3. cause a public health hazard by being accessible to persons or animals;
4. violate any law or regulation governing water pollution or wastewater treatment and disposal except for the rule that the variance is requested from;
5. pollute or contaminate state waters in violation of 75-5-605 MCA;
6. degrade state waters unless authorized pursuant to 75-5-303 MCA; or
7. cause a nuisance due to odor, unsightly appearance or other aesthetic consideration.

In addition, the Board cannot approve a variance if the applicant’s proposal may adversely affect the health, safety, or welfare of any individual or cause adverse environmental effects greater than those effects caused by uses commonly permitted by the Code.

Project Timeline:

Missoula City-County Health Board hearing: 12:15 p.m. Thursday, Feb. 19

• In-person location: Second floor conference room, Missoula Public Health, 301 West Alder, Missoula
• Virtual option: Residents can attend the meeting via Microsoft Teams. The Health Board agenda, which will include the meeting link, is posted a week before the meeting here: https://missoulapublichealth.org/boards-councils/missoula-city-county-board-of-health-boh/

Public Comment:

Submit public comment by Wednesday, Feb. 18, using the comment tool below. Comments most useful for this project are when they reference the variance criteria above. The Health Board will also take public comment at the variance hearing. All public comments are received and reviewed by board and staff prior to the health board meeting.

Project Lead:

Shannon Therriault, 406-258-4988

Charles Shane, 406-258-3367

Important Links and Documents:

Holland Lake Lodge Variance Application

HLL Variance Incomplete Letter

HLLL Variance Resubmittal 11-25-25

HLL Variance Incomplete Letter 2

HLL Variance Resubmittal 12-2025

HLL Variance Completeness Determination

Health Board Variance Criteria

MPH Staff Report

2004-215

Agenda for Feb. 19 public meeting

MPH Proposed Decision Document