Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.8 - Cesspool, Septic Tank, and Privy Cleaners › Rule 17.50.809 - SPECIFIC SITE CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) A person may
				not apply pumpings to land within 500 feet of any occupied or inhabitable
				building.
(2) A person may not
				apply pumpings to land within 150 feet of any state surface water, including
				ephemeral or intermittent drainages and wetlands. The department or local
				health officer or the health officer's designated representative may require
				greater distances where slopes or other factors may increase the likelihood of
				runoff from the land application area.
(3) A person may not apply pumpings to land
				within 100 feet of any state, federal, county or city maintained highway or
				road.
(4) A person may not apply
				pumpings to land within 100 feet of a drinking water supply source. The
				department or local health officer or the health officer's representative may
				require greater distance where site conditions might increase the likelihood of
				contamination of a drinking water source.
(5) Topographical slopes on fields must be
				taken into account when a person is selecting land application areas. A person
				may not apply pumpings where ponding or runoff of septage is likely to
				occur.
(6) A person may not apply
				pumpings to land with slopes greater than 6%.
(7) A person may not apply pumpings to land
				through subsurface injection on slopes greater than 12%.
(8) Pumpings may be applied to the land
				surface only where at least six feet separate the land surface from seasonally
				high ground water. The department or local health officer or the health
				officer's designated representative may require greater separation where soil
				types or specific application processes might increase the likelihood of ground
				water contamination.
(9) A person
				may not apply any pumpings to land before that person obtains the express
				written permission of the land owner or the land owner's designated
				representative. If land is leased from a tribe or governmental agency,
				permission of the tribe or agency must be obtained before pumpings may be
				applied to the land. Permission must be provided on the form submitted to the
				department as part of the application process, or on the department-authorized
				form for additional site location. If the pumpings are to be applied to land
				owned by the owner of the land on which they were generated, the pumper shall
				keep a permission slip or signed receipt as specified in ARM
				17.50.813.
(10) A pumper shall control litter at land
				application sites as necessary to prevent its spread to adjoining properties.
				Litter must be removed from a land application site within six hours after
				application.
(11) A person may not
				apply bulk septage or other pumpings to agricultural land, forest land, pasture
				land, or range land at a rate greater than the agronomic rate of the site for
				nitrogen on an annual basis.
(12)
				The annual application rate (AAR) for bulk septage, in gallons/acre/year, is
				determined by the formula AAR=N/0.0026, where N equals the amount of nitrogen,
				in pounds per acre per 365-day period, needed by the crop or vegetation grown
				on the land.
(13) A person may not
				apply bulk septage at a reclamation site in excess of the agronomic rate unless
				the person first obtains site-specific approval from the department.
(14) A person may not apply pumpings to land
				where a threatened or endangered species or its designated critical habitat is
				likely to be adversely affected.
(15) The local health officer or the local
				health officer's designated representative may reject sites for public health
				or public nuisance problems or for proximity to public water supplies, but in
				no case may a site be within 500 feet of an occupied or inhabitable building or
				within 100 feet of a drinking water source.
(16) The local health officer or the local
				health officer's designated representative may withdraw approval of previously
				approved sites if:
(a) the site has not been
				properly managed for vectors or litter;
(b) waste has been applied in excess of the
				agronomic rate or improperly applied;
(c) the minimum separation distances as
				required in this rule are not being met; or
(d) the site is in proximity to new public
				water supplies.