Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.5 - Air Quality Permit Application, Operation, and Open Burning Fees › Rule 17.8.515 - AIR QUALITY OPEN BURNING FEES FOR CONDITIONAL, EMERGENCY, CHRISTMAS TREE WASTE, COMMERCIAL FILM PRODUCTION, AND FIREFIGHTER TRAINING OPEN BURNING PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Concurrent with submittal of an air
				quality open burning permit application, as required in ARM
				17.8.611,
				17.8.612,
				17.8.613,
				17.8.614, or
				17.8.615, the applicant shall
				submit an air quality open burning fee.
(2) Air quality open burning fees are
				separate and distinct from any other air quality fee required to be submitted
				to the department pursuant to this subchapter.
(3) An air quality open burning permit
				application is incomplete until the proper air quality open burning fee is paid
				to the department, except as provided in (4) (c). If the department determines
				that the fee submitted with the application is insufficient, it shall notify
				the applicant in writing of the appropriate fee which must be paid before the
				open burning permit application can be processed. If the fee assessment is
				appealed to the board pursuant to ARM
				17.8.511, and if the fee
				deficiency is not corrected by the applicant, the permit application is
				incomplete until issuance of the board's decision or until any judicial review
				of the board's decision has been completed, whichever is later. Upon final
				disposition of an appeal, any portion of the fee due to either the department
				or the applicant as a result of the decision is due within 30 days after
				issuance of the board's decision or within 30 days after issuance of the final
				decision in any judicial review of the board's decision.
(4) The air quality open burning permit
				application fees are:
(a) $100 for an
				emergency open burning permit under ARM 17.8.611. A fee for an emergency open
				burning permit application need not be submitted with the initial oral request
				to the department, but must be submitted with the subsequent written
				application required under ARM 17.8.611. Submittal of the fee is a condition of
				any authorization given by the department under ARM 17.8.611, and the failure
				to submit the fee is considered a violation of such authorization and may be
				subject to enforcement action;
(b)
				$100 for a wood and wood byproduct trade waste open burning permit under ARM
				17.8.612;
(c) $100 for an untreated
				wood-waste open burning permit at a licensed landfill site under ARM 17.8.612.
				The required fee for this activity is included in the solid waste management
				system licensing fee, submitted pursuant to ARM Title 17, chapter 50,
				subchapter 4. Therefore, the applicant is not required to submit a fee with the
				untreated wood-waste open burning permit application;
(d) $100 for a Christmas tree waste open
				burning permit under ARM 17.8.613;
(e) $100 for a commercial film production
				open burning permit under ARM 17.8.614; and
(f) $25 for a firefighter training open
				burning permit under ARM 17.8.615. As a condition of a firefighter training
				open burning permit, the department may require submission of an annual fee to
				maintain the permit.