reglab/housing_qa huggingface dataset:
MT Code § 75-10-204 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-204. Powers and duties of department

  75-10-204. Powers and duties of department. The department shall, subject to the provisions of 75-10-107, adopt rules governing solid waste management systems that must include but are not limited to:   (1) requirements for the plan of operation and maintenance that must be submitted with an application under this part;   (2) the classification of disposal sites according to the physical capabilities of the site to contain the type of solid waste to be disposed of;   (3) the procedures to be followed in the disposal, treatment, or transport of solid wastes;   (4) the suitability of the site from a public health standpoint when hydrology, geology, and climatology are considered;   (5) requirements relating to ground water monitoring, including but not limited to:   (a) information that owners and operators of municipal solid waste landfills and other disposal sites specified in 75-10-207 are required to submit to the department to enable the department to prepare the priority compliance list authorized by 75-10-207(3);   (b) the content of plans for the design, construction, operation, and maintenance of monitoring wells and monitoring systems; and   (c) recordkeeping and reporting;   (6) the imposition of a quarterly fee based on the justifiable direct and indirect costs to the state of administering Title 75, chapter 10, parts 1 and 2, for solid waste generated outside Montana and disposed of or incinerated within Montana;   (7) requirements to maintain financial assurance payable to the state of Montana with a surety satisfactory to the department in an amount sufficient to provide for waste tire treatment, removal, transportation, and disposal, fire suppression, or other measures necessary to protect the environment and the health, safety, and welfare of the public;   (8) requirements for coal combustion residues at electrical generation facilities in order to provide for state implementation of federal legislation or federal environmental protection agency regulations that contain legislative or regulatory requirements pertaining to coal combustion residues and that become effective on or after May 6, 2013; and   (9) any other factors relating to the sanitary disposal or management of solid wastes.   History: En. Sec. 7, Ch. 35, L. 1965; amd. Sec. 3, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 8, Ch. 542, L. 1977; R.C.M. 1947, 69-4007(1); amd. Sec. 3, Ch. 358, L. 1981; amd. Sec. 3, Ch. 677, L. 1989; amd. Sec. 5, Ch. 643, L. 1991; amd. Sec. 3, Ch. 273, L. 1993; amd. Sec. 14, Ch. 471, L. 1995; amd. Sec. 2, Ch. 373, L. 1997; amd. Sec. 8, Ch. 170, L. 2001; amd. Sec. 1, Ch. 411, L. 2013.
MT Code § 75-10-205 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-205. Inspections

  75-10-205. Inspections. The department has continuing authority and responsibility to inspect a solid waste management system under the provisions of this part. Inspections may be conducted only during reasonable hours and only after presentation of appropriate credentials identifying the inspector as a duly authorized employee of the department.   History: En. Sec. 7, Ch. 35, L. 1965; amd. Sec. 3, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 8, Ch. 542, L. 1977; R.C.M. 1947, 69-4007(2).
MT Code § 75-10-206 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-206. Variance

  75-10-206. Variance. (1) A person may apply to the board for a variance from rules adopted by the department pursuant to 75-10-204, except for rules adopted pursuant to 75-10-204(6). The board may grant a variance if it finds that:   (a) failure to comply with the rules does not result in a danger to public health or safety; or   (b) compliance with the rules from which a variance is sought would produce hardship without producing benefits to the health and safety of the public that outweigh the hardship.   (2) A variance may not be granted pursuant to this section except after a hearing pursuant to the Montana Administrative Procedure Act and consideration by the board of the relative interests of the applicant and owners of the property likely to be affected by the waste disposal system under consideration.   (3) This section may not be construed as relieving the board from the obligation to comply with the Resource Conservation and Recovery Act of 1976, as amended, or as allowing the board to grant a variance less restrictive than that act.   History: En. Sec. 1, Ch. 563, L. 1981; amd. Sec. 4, Ch. 273, L. 1993; amd. Sec. 9, Ch. 170, L. 2001.
MT Code § 75-10-207 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-207. Ground water monitoring

  75-10-207. Ground water monitoring. (1) Owners and operators of municipal solid waste landfills and other disposal sites that at any time accepted household waste, that are in operation as of October 1, 1989, and that serve a geographic area with a population of 5,000 or more persons as determined by the most recent census are required to monitor ground water as specified by the department.   (2) If the owner or operator of a municipal solid waste landfill or other disposal site specified in subsection (1) can demonstrate to the department that there is no potential for migration of constituents from the site that could cause pollution of ground water during the active life of the site, including the closure period, and during postclosure care, the requirement for ground water monitoring specified in subsection (1) does not apply. The information provided to the department to make this demonstration must be certified by a qualified geologist, hydrogeologist, or geotechnical engineer and must include reliable site-specific data.   (3) Based on site-specific information that owners and operators of municipal solid waste landfills and other disposal sites specified in subsection (1) provide to the department, the department shall establish a priority compliance list that identifies those sites where there is the greatest risk that constituents from the sites may cause pollution of ground water, considering:   (a) proximity to current and potential drinking water supplies;   (b) site hydrologic and geologic characteristics; and   (c) age and design of the site.   (4) Owners and operators of municipal solid waste landfills and other disposal sites specified in subsection (1) shall submit proposed plans to the department for accomplishing ground water monitoring, consistent with requirements specified by department rules. The plans may be based on the information owners and operators provide to the department as specified in subsection (3). The department may approve the plans as submitted or require modifications to the plans as necessary to accomplish the purposes of this section.   (5) All sites included on the priority compliance list authorized by subsection (3) must comply with this section by January 1, 1991. All other sites subject to this section must comply by January 1, 1992.   History: En. Sec. 2, Ch. 677, L. 1989.
MT Code § 75-10-208 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-208. Department rulemaking authority for infectious waste

  75-10-208. Department rulemaking authority for infectious waste. (1) Except as provided in subsection (2), the department shall adopt rules governing the inspection and regulation of the transportation and management of infectious waste as defined in 75-10-1003.   (2) The department may not adopt rules to regulate:   (a) the generation of infectious waste; or   (b) infectious waste storage or transportation that is regulated under 75-10-1006.   History: En. Sec. 6, Ch. 97, L. 2007.
MT Code § 75-10-209 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-209. Repealed

  75-10-209. Repealed. Sec. 11, Ch. 170, L. 2001.   History: En. Sec. 7, Ch. 696, L. 1989; amd. Sec. 1, Ch. 649, L. 1991; amd. Sec. 1, Ch. 524, L. 1993.
MT Code § 75-10-210 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-210. Repealed

  75-10-210. Repealed. Sec. 35, Ch. 112, L. 1997.   History: En. Sec. 2, Ch. 16, Sp. L. July 1992.
MT Code § 75-10-211 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-211. Repealed

  75-10-211. Repealed. Sec. 30, Ch. 358, L. 1981.   History: En. Sec. 5, Ch. 35, L. 1965; amd. Sec. 2, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 6, Ch. 542, L. 1977; R.C.M. 1947, 69-4005.
MT Code § 75-10-212 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-212. Disposal in unauthorized area prohibited -- exception

  75-10-212. Disposal in unauthorized area prohibited -- exception. (1) A person may not dispose of solid waste except as permitted under this part.   (2) It is unlawful to dump or leave any garbage, dead animal, or other debris or refuse:   (a) in or upon any highway, road, street, or alley of this state;   (b) in or upon any public property, highway, street, or alley under the control of the state of Montana or any political subdivision of the state or any officer or agent or department of the state or political subdivision of the state;   (c) within 200 yards of a public highway, road, street, or alley or public property;   (d) on privately owned property where hunting, fishing, or other recreation is permitted; however, this subsection does not apply to the owner, the owner's agents, or those disposing of debris or refuse with the owner's consent.   (3) A person in violation of this section is absolutely liable, as provided in 45-2-104, and is subject to the civil penalties provided in 75-10-233.   History: (1)En. Sec. 3, Ch. 35, L. 1965; amd. Sec. 4, Ch. 542, L. 1977; Sec. 69-4003, R.C.M. 1947; (2)En. Sec. 11-110, Ch. 197, L. 1965; amd. Sec. 1, Ch. 112, L. 1969; Sec. 32-4410, R.C.M. 1947; R.C.M. 1947, 32-4410(1), 69-4003; amd. Sec. 4, Ch. 358, L. 1981; amd. Sec. 1, Ch. 461, L. 1991; amd. Sec. 2499, Ch. 56, L. 2009.
MT Code § 75-10-213 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-213. Unlawful disposition of dead animals -- exception

  75-10-213. Unlawful disposition of dead animals -- exception. It is unlawful to:   (1) place all or any part of a dead animal in any lake, river, creek, pond, reservoir, road, street, alley, lot, or field;   (2) place all or any part of a dead animal within 1 mile of the residence of any person unless the dead animal or part of a dead animal is:   (a) burned or buried at least 2 feet underground; or   (b) placed in an animal composting facility that is licensed under Title 75, chapter 10, part 2; or   (3) being the owner, permit all or any part of a dead animal to remain in the places specified in subsections (1) and (2) except as provided in subsection (2).   History: En. Sec. 95, Ch. 197, L. 1967; R.C.M. 1947, 69-4518; amd. Sec. 11, Ch. 68, L. 1979; amd. Sec. 1, Ch. 243, L. 2009.
MT Code § 75-10-214 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-214. Exclusions -- exceptions to exclusions

  75-10-214. Exclusions -- exceptions to exclusions. (1) (a) This part may not be construed to prohibit a person from disposing of the person's own solid waste that is generated in reasonable association with the person's household or agricultural operations upon land owned or leased by that person or covered by easement or permit as long as the disposal does not create a nuisance or public health hazard or violate the laws governing the disposal of hazardous or deleterious substances.   (b) Except as provided in 75-10-204(8), this part does not apply to the operation of an electric generating facility, to the drilling, production, or refining of natural gas or petroleum, or to the operation of a mine, mill, smelter, or electrolytic reduction facility.   (2) The exclusions contained in subsection (1) do not apply to a division of land of 5 acres or less made after July 1, 1977, that falls within the definition of subdivision in Title 76, chapter 4, part 1, or the Montana Subdivision and Platting Act in Title 76, chapter 3.   History: En. Sec. 8, Ch. 35, L. 1965; amd. Sec. 4, Ch. 349, L. 1969; amd. Sec. 9, Ch. 542, L. 1977; R.C.M. 1947, 69-4008(1) thru (3), (5); amd. Sec. 12, Ch. 68, L. 1979; amd. Sec. 5, Ch. 358, L. 1981; amd. Sec. 12, Ch. 696, L. 1989; amd. Sec. 1, Ch. 565, L. 1991; amd. Sec. 2500, Ch. 56, L. 2009; amd. Sec. 2, Ch. 411, L. 2013.
MT Code § 75-10-215 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-215. Statewide household hazardous waste public education program

  75-10-215. Statewide household hazardous waste public education program. The department shall implement a statewide household hazardous waste public education program. The program must include but is not limited to providing information about:   (1) alternatives to disposal of household hazardous waste at municipal solid waste landfills and other disposal sites;   (2) options for recycling or the safe disposal of electronic waste, including but not limited to video, audio, and telecommunications equipment, computers, and household appliances;   (3) methods of reusing or recycling household hazardous waste; and   (4) alternatives to the use of products that lead to the generation of household hazardous waste.   History: En. Sec. 2, Ch. 407, L. 1991; amd. Sec. 1, Ch. 156, L. 2007.
MT Code § 75-10-216 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-216. Waste tire disposal sites -- financial assurance required

  75-10-216. Waste tire disposal sites -- financial assurance required. (1) A solid waste management system licensed pursuant to 75-10-221 for the sole or primary purpose of storage, treatment, processing, or disposal of waste tires is required to provide and maintain financial assurance in accordance with rules of the department.   (2) Financial assurance required by this section must be sufficient to cover the cost of proper management of the waste tires stored at the facility, including but not limited to waste tire treatment, removal, transportation, disposal, fire suppression, or other measures necessary to protect the environment and the health, safety, and welfare of the public. The licensee may elect to provide financial assurance by any one method or a combination of methods satisfactory to the department, including but not limited to insurance, a guarantee, performance, or other surety bond, a letter of credit, qualification as a self-insurer, or other demonstration of financial capability.   (3) The department may require the owner or operator of the facility to modify the terms and conditions of financial assurance provided for the purposes of this section to adjust for changing circumstances at the facility, including but not limited to the number of waste tires accumulated without processing or disposal, availability of alternative waste tire markets, the financial viability of the facility operation, and the estimated costs of waste tire treatment, processing, transportation, and disposal alternatives.   History: En. Sec. 3, Ch. 373, L. 1997.
MT Code § 75-10-217 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-217. reserved

  75-10-217 reserved.
MT Code § 75-10-218 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-218. Repealed

  75-10-218. Repealed. Sec. 6, Ch. 145, L. 1993.   History: En. Sec. 6, Ch. 696, L. 1989.
MT Code § 75-10-219 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-219. and 75-10-220 reserved

  75-10-219 and 75-10-220 reserved.
MT Code § 75-10-221 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-221. License required -- application

  75-10-221. License required -- application. (1) Except as provided in 75-10-214, a person may not dispose of solid waste or operate a solid waste management system without a license from the department.  (2) The department shall provide application forms for a license as provided in this part.   (3) The application must contain the name and business address of the applicant, the location of the proposed solid waste management system, a plan of operation and maintenance, and other information that the department may by rule require.   (4) The license provided for in this section is for a period not to exceed 12 months unless renewed by the department.   (5) The department may require submission of a new application if the department determines that the plan of operation, the management of the solid waste system, or the geological or ground water conditions have changed since the license was initially approved.   (6) In preparing rules that establish fees for licenses and the review of applications pursuant to 75-10-104(2), the department shall consider the tonnage or volume of waste to be managed and the size of the proposed solid waste management system. The fees adopted must encourage reduction in the tonnage or volume of waste to be managed and cover the costs to the department of initially reviewing and annually licensing the solid waste management system.   History: En. Sec. 4, Ch. 35, L. 1965; amd. Sec. 1, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 5, Ch. 542, L. 1977; R.C.M. 1947, 69-4004(1); amd. Sec. 6, Ch. 358, L. 1981; amd. Sec. 6, Ch. 643, L. 1991; amd. Sec. 10, Ch. 170, L. 2001; amd. Sec. 67, Ch. 324, L. 2021.
MT Code § 75-10-222 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-222. Notification of and validation by local health officer

  75-10-222. Notification of and validation by local health officer. (1) When the department receives an application for a license pursuant to the provisions of this part, the local health officer in the county where the solid waste management system will be located shall be notified in writing of the application within 15 days after the department has received the application.   (2) If the department decides to issue a license pursuant to the provisions of this part, the department shall notify the local health officer in writing.   (3) A license issued by the department under this section shall not be valid until signed by the local health officer having jurisdiction in the county in which the solid waste management system will be operated.   (4) The local health officer shall, within 15 days after the department has notified the local health officer of its decision to issue a license under this part, make a final decision on whether the license will be validated.   History: En. Sec. 4, Ch. 35, L. 1965; amd. Sec. 1, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 5, Ch. 542, L. 1977; R.C.M. 1947, 69-4004(part).
MT Code § 75-10-223 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-223. Refusal by local health officer -- appeal to board

  75-10-223. Refusal by local health officer -- appeal to board. (1) The local health officer may refuse to validate a license issued under this part only upon a finding that the requirements of this part and the rules implementing this part cannot be satisfied. If the local health officer refuses to validate the license, the local health officer shall notify the applicant, the department, and any other interested person in writing.   (2) The applicant or any person aggrieved by the decision of the local health officer not to validate a license may appeal the decision to the board within 30 days after receiving written notice of the local health officer's decision.   (3) The hearing before the board must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.   History: En. Sec. 4, Ch. 35, L. 1965; amd. Sec. 1, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 5, Ch. 542, L. 1977; R.C.M. 1947, 69-4004(part); amd. Sec. 2501, Ch. 56, L. 2009.
MT Code § 75-10-224 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-224. Revocation or denial of license by department

  75-10-224. Revocation or denial of license by department. The department may deny or revoke a license to operate a solid waste management system after giving the applicant and the local health officer written notice and an opportunity for a hearing before the board. The decision to deny or revoke a license may be made only after a finding that a solid waste management system cannot be operated or is not being operated in compliance with this part or a rule or order issued pursuant to this part. The hearing held before the board on a denial or revocation shall be held pursuant to the provisions of the Montana Administrative Procedure Act.   History: En. Sec. 6, Ch. 35, L. 1965; amd. Sec. 7, Ch. 542, L. 1977; R.C.M. 1947, 69-4006.
MT Code § 75-10-225 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-225. Repealed

  75-10-225. Repealed. Sec. 30, Ch. 358, L. 1981.   History: En. Sec. 8, Ch. 35, L. 1965; amd. Sec. 4, Ch. 349, L. 1969; amd. Sec. 9, Ch. 542, L. 1977; R.C.M. 1947, 69-4008(4).
MT Code § 75-10-226 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-226. reserved

  75-10-226 reserved.