reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-101. Purpose

75-10-101. Purpose.
The purpose of this part is to encourage the good management of solid waste and the conservation of natural resources through the promotion or development of systems to collect, separate, reclaim, recycle, and dispose of solid waste for energy production purposes when economically feasible and to provide a coordinated state solid waste management and resource recovery plan.
History: En. 69-4012 by Sec. 2, Ch. 575, L. 1977; R.C.M. 1947, 69-4012(part); amd. Sec. 102, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-102. Public policies

75-10-102. Public policies.
(1) To implement this part, the following are declared to be public policies of this state:
(a) Maximum recycling from solid waste is necessary to protect the public health, welfare, and quality of the natural environment.
(b) Solid waste management systems must be developed, financed, planned, designed, constructed, and operated for the benefit of the people of this state.
(c) Private industry is to be utilized to the maximum extent possible in planning, designing, managing, constructing, operating, manufacturing, and marketing functions related to solid waste management systems.
(d) Local governments shall retain primary responsibility for adequate solid waste management with the state preserving those functions necessary to ensure effective solid waste management systems throughout the state.
(e) Costs for the management and regulation of solid waste management systems should be charged to those persons generating solid waste in order to encourage the reduction of the solid waste stream.
(f) Encouragement and support should be given to individuals and municipalities to separate solid waste at its source in order to maximize the value of those wastes for reuse.
(g) The state shall provide technical advisory assistance to local governments and other affected persons in the planning, developing, financing, and implementation of solid waste management systems.
(h) Actions and activities performed or carried out by persons and their contractors in accordance with this part must be in conformity with the state solid waste management and resource recovery plan.
(i) When licensing a solid waste management system, the department shall consult with units of local government that have jurisdiction over the area encompassing the proposed system.
(2) This part is in addition and supplemental to any other law providing for the financing of a solid waste management system and does not amend or repeal any other law.
History: En. 69-4012, 69-4019 by Secs. 2, 9, Ch. 575, L. 1977; R.C.M. 1947, 69-4012(part), 69-4019; amd. Sec. 1, Ch. 215, L. 1991; amd. Sec. 2, Ch. 643, L. 1991; amd. Sec. 103, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-104. Duties of department

75-10-104. Duties of department.
The department shall:
(1) prepare, adopt, and implement a state solid waste management and resource recovery plan as required by 75-10-111 and 75-10-807;
(2) adopt rules necessary for the implementation of this part, including but not limited to rules:
(a) governing the submission of plans for a solid waste management system;
(b) (i) establishing, for the purpose of determining the tonnage or volume-based solid waste management fee that a facility is subject to under 75-10-115(1)(c), methods for determining or estimating the amount of solid waste incinerated or disposed of at a facility; and
(ii) governing the application fee, flat annual license renewal fee, and tonnage or volume-based renewal fee for solid waste management systems;
(c) establishing the license application fee that a facility is subject to under 75-10-115(1)(a);
(d) establishing the flat annual license renewal fee that a facility is subject to under 75-10-115(1)(b);
(e) establishing the tonnage or volume-based annual renewal fee that a facility is subject to under 75-10-115(1)(c); and
(f) providing procedures for the quarterly collection of the solid waste management fee provided for in 75-10-204(6);
(3) provide technical assistance to persons within the state for planning, designing, constructing, financing, and operating:
(a) a solid waste management system in order to ensure that the system conforms to the state plan;
(b) integrated waste management programs; and
(c) collection, disposal, reduction, and educational programs for household hazardous waste and small quantities of hazardous waste that are exempt from regulation under Title 75, chapter 10, part 4;
(4) enforce and administer the provisions of this part;
(5) approve plans for a proposed solid waste management system submitted by a local government; and
(6) serve as a clearinghouse for information on waste reduction and reuse, recycling technology and markets, composting, and household hazardous waste disposal, including chemical compatibility.
History: En. 69-4014 by Sec. 4, Ch. 575, L. 1977; R.C.M. 1947, 69-4014(1); amd. Sec. 10, Ch. 696, L. 1989; amd. Sec. 8, Ch. 222, L. 1991; amd. Sec. 2, Ch. 398, L. 1991; amd. Sec. 3, Ch. 643, L. 1991; amd. Sec. 1, Ch. 145, L. 1993; amd. Sec. 2, Ch. 170, L. 2001; amd. Sec. 8, Ch. 405, L. 2003; amd. Sec. 1, Ch. 54, L. 2007; amd. Sec. 64, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-105. Powers of department

75-10-105. Powers of department.
The department may:
(1) accept loans and grants from the federal government and other sources to carry out the provisions of this part; and
(2) collect the solid waste management fees provided for in 75-10-115.
History: En. 69-4014 by Sec. 4, Ch. 575, L. 1977; R.C.M. 1947, 69-4014(2); amd. Sec. 2, Ch. 482, L. 1981; amd. Sec. 11, Ch. 696, L. 1989; amd. Sec. 3, Ch. 398, L. 1991; amd. Sec. 2, Ch. 145, L. 1993; amd. Sec. 3, Ch. 170, L. 2001; amd. Sec. 9, Ch. 405, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-106. Repealed

75-10-106. Repealed.
Sec. 111, Ch. 324, L. 2021.
History: En. 69-4015 by Sec. 5, Ch. 575, L. 1977; R.C.M. 1947, 69-4015; amd. Sec. 3, Ch. 482, L. 1981; amd. Sec. 4, Ch. 170, L. 2001; amd. Sec. 10, Ch. 405, L. 2003; amd. Sec. 2, Ch. 54, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-107. State regulations no more stringent than federal regulations or guidelines

75-10-107. State regulations no more stringent than federal regulations or guidelines.
(1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.
(2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:
(a) the proposed state standard or requirement protects public health or the environment of the state; and
(b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.
(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the department's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.
(4) (a) A person affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.
(b) A person may also petition the department for a rule review under subsection (4)(a) if the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.
(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).
History: En. Sec. 3, Ch. 471, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-110. Repealed

75-10-110. Repealed.
Sec. 1, Ch. 273, L. 1993.
History: En. Sec. 3, Ch. 696, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-111. State solid waste management and resource recovery plan -- hearings

75-10-111. State solid waste management and resource recovery plan -- hearings.
The department shall adopt the solid waste management and resource recovery plan required in 75-10-104 and 75-10-807 according to the rulemaking procedures of the Montana Administrative Procedure Act under Title 2, chapter 4, part 3. The department shall prepare the plan in conjunction with local governments in the state, citizens, solid waste and recycling industries, environmental organizations, and others involved or interested in the management of solid waste. Within 3 days after the notice of proposed rulemaking to adopt the plan is published pursuant to Title 2, chapter 4, part 3, the department shall mail a copy of the notice and the proposed plan to the board of county commissioners in each county in the state, the governing body of every incorporated city or town in the state, any person responsible for the operation of a solid waste management system under the provisions of Title 75, chapter 10, parts 1 and 2, the governor, the environmental quality council in accordance with 5-11-210, and any other interested person. During the period for receipt of comments on the proposed rulemaking concerning the plan, the department shall hold at least one public hearing.
History: En. 69-4016 by Sec. 6, Ch. 575, L. 1977; R.C.M. 1947, 69-4016; amd. Sec. 3, Ch. 54, L. 2007; amd. Sec. 101, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-113. User's fee assessed

75-10-113. User's fee assessed.
In the event the revenues of a solid waste management system are insufficient to pay the costs, a local government may levy a pro rata fee against the users of the solid waste management district. The pro rata fee shall be based on a per ton, per pound, or volume assessment.
History: En. 69-4018 by Sec. 8, Ch. 575, L. 1977; R.C.M. 1947, 69-4018(6); amd. Sec. 9, Ch. 68, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-115. Solid waste management fee

75-10-115. Solid waste management fee.
(1) The department may adopt rules, pursuant to 75-10-104, that set fees for the management and regulation of solid waste at facilities subject to regulation pursuant to part 2 of this chapter. Upon adoption, the department may collect the fees. These fees may include:
(a) a license application fee that reflects the cost of reviewing a new solid waste management system or a substantial change to an existing facility from the time an application is made until the license is issued or denied;
(b) a flat annual license renewal fee that reflects a minimal base fee related to the fixed costs of an annual inspection and license renewal. The initial annual fee year for a new facility commences on the date that the facility initially receives waste. The fee must be based upon the categorization of solid waste management systems into separate classes identified by the following criteria:
(i) the quantity of solid waste received by the solid waste management system;
(ii) the nature of the solid waste received; and
(iii) the nature of the waste management occurring within the solid waste management system.
(c) a tonnage or volume-based fee on solid waste disposal.
(2) All fees collected must be deposited in the solid waste management account provided for in 75-10-117.
History: En. Sec. 1, Ch. 696, L. 1989; amd. Sec. 4, Ch. 643, L. 1991; amd. Sec. 5, Ch. 170, L. 2001; amd. Sec. 1, Ch. 229, L. 2013; amd. Sec. 66, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-116. Penalties for failure to pay fee

75-10-116. Penalties for failure to pay fee.
A person who owns a solid waste disposal facility that is subject to the fees under 75-10-115 and who fails to pay the fee in the manner provided by department rule is subject to a fine of not more than $2,000 or imprisonment not to exceed 6 months, or both, and shall reimburse the department for the amount of the fee owed and interest calculated at a rate equal to the previous fiscal year's average rate of return on the board of investments' short-term investment pool.
History: En. Sec. 4, Ch. 696, L. 1989; amd. Sec. 4, Ch. 398, L. 1991; amd. Sec. 4, Ch. 145, L. 1993; amd. Sec. 6, Ch. 170, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-117. Solid waste management account

75-10-117. Solid waste management account.
(1) There is a solid waste management account in the state special revenue fund provided for in 17-2-102.
(2) There must be deposited in the account:
(a) all revenue from the solid waste management fees provided for in 75-10-115; and
(b) money received by the department in the form of legislative appropriations, reimbursements, gifts, federal funds, or appropriations from any source that is intended to be used for the purposes of the account.
(3) The account may be used by the department only for the administration of 75-2-215, part 2 of this chapter, and this part.
History: En. Sec. 2, Ch. 696, L. 1989; amd. Sec. 5, Ch. 398, L. 1991; amd. Sec. 5, Ch. 145, L. 1993; amd. Sec. 7, Ch. 170, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-118. Repealed

75-10-118. Repealed.
Sec. 11, Ch. 170, L. 2001.
History: En. Sec. 1, Ch. 398, L. 1991; amd. Sec. 2, Ch. 273, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-121. Repealed

75-10-121. Repealed.
Sec. 14, Ch. 405, L. 2003.
History: En. 69-4018 by Sec. 8, Ch. 575, L. 1977; R.C.M. 1947, 69-4018(1), (3); amd. Sec. 10, Ch. 68, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-122. Repealed

75-10-122. Repealed.
Sec. 14, Ch. 405, L. 2003.
History: En. 69-4018 by Sec. 8, Ch. 575, L. 1977; R.C.M. 1947, 69-4018(2).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-123. Repealed

75-10-123. Repealed.
Sec. 14, Ch. 405, L. 2003.
History: En. 69-4020 by Sec. 10, Ch. 575, L. 1977; R.C.M. 1947, 69-4020.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-124. Repealed

75-10-124. Repealed.
Sec. 14, Ch. 405, L. 2003.
History: En. 69-4018 by Sec. 8, Ch. 575, L. 1977; R.C.M. 1947, 69-4018(4), (5), (7).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 1. Plans, Funds, and Administration › 75-10-125. Repealed

75-10-125. Repealed.
Sec. 14, Ch. 405, L. 2003.
History: En. Sec. 4, Ch. 482, L. 1981.
2023 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 › 75-10-201. Short title

75-10-201. Short title.
This part may be cited as "The Montana Solid Waste Management Act".
History: En. 69-4001.1 by Sec. 2, Ch. 542, L. 1977; R.C.M. 1947, 69-4001.1.
2023 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 › 75-10-202. Legislative intent, findings, and policy

75-10-202. Legislative intent, findings, and policy.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Montana Solid Waste Management Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
(2) It is hereby found and declared that the health and welfare of Montana citizens are being endangered by improperly operated solid waste management systems and by the improper and unregulated disposal of wastes. It is declared the public policy of this state to control solid waste management systems to protect the public health and safety and to conserve natural resources whenever possible.
History: En. Sec. 1, Ch. 35, L. 1965; amd. Sec. 1, Ch. 542, L. 1977; R.C.M. 1947, 69-4001; amd. Sec. 1, Ch. 358, L. 1981; amd. Sec. 13, Ch. 361, L. 2003.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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).
2023 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 › 75-10-227. Administrative enforcement

75-10-227. Administrative enforcement.
(1) When the department believes that a violation of part 1 or this part, a violation of a rule adopted under part 1 or this part, a violation of an order issued under this part, or a violation of a permit provision has occurred, it may serve written notice of the violation on the alleged violator or the violator's agent. The notice must specify the provision of law, rule, or permit alleged to be violated and the facts alleged to constitute a violation and may include an order to take necessary corrective action within a reasonable period of time stated in the order, an order assessing an administrative penalty pursuant to 75-10-228, or both. The order becomes final unless, within 30 days after the notice is served, the person named requests in writing a hearing before the board. On receipt of the request, the board shall schedule a hearing. Service by mail is complete on the date of mailing.
(2) If, after a hearing held under subsection (1), the board finds that a violation has occurred, it shall either affirm or modify the department's order. An order issued by the department or by the board may prescribe the date by which the violation must cease and may prescribe time limits for particular action. If, after a hearing, the board finds that a violation has not occurred, it shall rescind the department's order.
(3) Instead of issuing an order pursuant to subsection (1), the department may either:
(a) require the alleged violator to appear before the board for a hearing at a time and place specified in the notice and answer the charges; or
(b) initiate action under part 1 or this part.
(4) This section does not prevent the board or department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means.
(5) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.
History: En. Sec. 8, Ch. 696, L. 1989; amd. Sec. 1, Ch. 443, L. 2005.
2023 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 › 75-10-228. Civil penalties

75-10-228. Civil penalties.
(1) A person who violates a provision of this part, a rule adopted or an order issued under this part, or a license provision is subject to an administrative penalty not to exceed $250 or a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation.
(2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. The enforcement or collection action must be brought in the district court of the county in which the violation occurred. Upon request of the department, the attorney general or the county attorney of the county where the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.
(3) Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001.
(4) Fines and penalties collected under this section must be deposited in the solid waste management account provided for in 75-10-117.
History: En. Sec. 9, Ch. 696, L. 1989; (3)En. Sec. 2, Ch. 565, L. 1991; amd. Sec. 9, Ch. 443, L. 2005; amd. Sec. 33, Ch. 535, L. 2021.
2023 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 › 75-10-231. Actions

75-10-231. Actions.
The department may, through the attorney general or appropriate county attorney, initiate and maintain in district court enforcement actions as provided in this part, including actions to collect a criminal penalty or to enjoin the transportation of solid waste or the operation of a solid waste management system that is in violation of this part or a rule adopted by the department or order issued as provided in this part.
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(3); amd. Sec. 1, Ch. 97, L. 2007.
2023 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 › 75-10-232. Penalty for violations

75-10-232. Penalty for violations.
(1) A person violating this part or regulations prescribed by the department under this part, except 75-10-212(2), is guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $500.
(2) Each day upon which a violation occurs is a separate violation.
History: Ap. p. Sec. 9, Ch. 35, L. 1965; amd. Sec. 5, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 10, Ch. 542, L. 1977; Sec. 69-4009, R.C.M. 1947; Ap. p. Sec. 96, Ch. 197, L. 1967; amd. Sec. 108, Ch. 349, L. 1974; amd. Sec. 3, Ch. 273, L. 1975; Sec. 69-4519, R.C.M. 1947; R.C.M. 1947, 69-4009, 69-4519(3), (4); amd. Sec. 13, Ch. 68, L. 1979; amd. Sec. 7, Ch. 358, L. 1981.
2023 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 › 75-10-233. Dumping penalty -- enforcement

75-10-233. Dumping penalty -- enforcement.
(1) A person found guilty of a violation of 75-10-212 shall be fined in the sum not exceeding $500.
(2) A person found absolutely liable under 75-10-212 is subject to a civil penalty not to exceed $5,000.
(3) The provisions of 75-10-212 must be enforced by all highway patrol officers, sheriffs, and police officers and by all other enforcement agencies and officers of the state of Montana. In addition, game wardens have the right to enforce the provisions of 75-10-212 on public property and on private property where public recreation is permitted.
History: En. Sec. 11-110, Ch. 197, L. 1965; amd. Sec. 1, Ch. 112, L. 1969; R.C.M. 1947, 32-4410(2), (3); amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 2, Ch. 461, L. 1991; amd. Sec. 2502, Ch. 56, L. 2009; amd. Sec. 1, Ch. 77, L. 2023.