reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.723 - NO-MIGRATION DEMONSTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.724 - MONITORING WELL NETWORK MAINTENANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.725 - DEPARTMENT APPROVAL REQUIRED (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204(5),
					 MCA; IMP, 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.726 - INSPECTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-207,
					 MCA;
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 17.50.801 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				provide standards for the licensure of cesspool, septic tank and privy cleaning
				businesses and to establish uniform requirements for the disposal of septage,
				grease trap waste, privy waste, car wash sump waste, and other similar wastes.
				These similar wastes include, but are not limited to, other primarily liquid
				wastes such as food processing wastes, septic tank pumpings that contain
				commercial and industrial wastewater, and snow melt sump wastewater, that can
				be applied to the land for a beneficial purpose. Regulated hazardous wastes are
				not covered under this rule. Rules on the management of hazardous wastes are
				found in ARM Title 17, chapter 53.
(2) Wastes must be managed in a manner that
				is protective of human health and the environment.
(3) A person may not place wastes on or into
				private or public property without the express permission of the land owner,
				facility operator, or the designated representative of the owner or
				operator.
37-41-103,
					 75-10-1202, MCA; IMP, Title 37,
					 chapter 41,
					 75-10-1202,
					 MCA;
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 17.50.802 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the definitions in
				  75-10-1202, MCA, the following
				  definitions apply in this subchapter:
(1) "Agricultural land" means land on which a
				food crop, a feed crop, or a fiber crop is grown. This includes range land and
				land used as pasture.
(2)
				"Agronomic rate" means the whole septage application rate (dry rate basis)
				designed to:
(a) provide the amount of
				nitrogen needed by the food crop, feed crop, cover crop, or vegetation grown on
				the land; and
(b) minimize the
				amount of nitrogen in the septage that passes below the root zone of the crop
				or vegetation grown on the land to the ground water.
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 17.50.803 - LICENSURE, LICENSE APPLICATION, ANNUAL RENEWAL

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in
				75-10-1210, MCA, a person may not
				engage in the business of cleaning cesspools, septic tanks, portable toilets,
				privies, grease traps, car wash sumps, or similar treatment works, or disposal
				of septage and other wastes from these devices, unless licensed by the
				department. A person wishing to engage in any of these businesses shall submit
				an application for a license to the department on a form provided by the
				department. A person wishing to renew a license shall do so on the form
				provided by the department. The following information, if applicable, must be
				provided:
(a) the full legal name of the
				licensee or applicant, the organization name or assumed business name, as filed
				or registered with the secretary of state, the federal tax identification
				number, and physical business address of the applicant;
(b) the mailing address of the applicant, if
				different from the physical address;
(c) a list of all counties in which business
				is to be conducted;
(d) a list of
				all disposal sites, not exempted under
				75-10-1210(2),
				MCA, that the applicant proposes to use;
(e) the estimated volume of septage and other
				wastes to be disposed of at each disposal site annually;
(f) the amount and kinds of pumpings applied
				to each site in the previous calendar year;
(g) the location of the records required in
				ARM 17.50.813; and
(h) a certification by the local health
				officer or the local health officer's designated representative in the county
				where the business is located that:
(i) each
				vehicle used for surface application of septage is equipped with spreading
				equipment that complies with ARM
				17.50.811; and
(ii) if, pursuant to ARM 17.50.811, the
				department has required the licensee or applicant to screen septage before
				applying it to land, that the licensee or applicant has screening equipment or
				a device that complies with ARM 17.50.811.
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 17.50.805 - LICENSURE; DURATION OF LICENSE; FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-41-103, MCA; IMP,
					 37-41-201,
					 37-41-202,
					 MCA;
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 17.50.806 - PROCESSING OF LICENSE APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall review each submitted application for a new or renewed license
				to ensure that it is complete. If additional information is required, the
				department shall notify the applicant in writing within 30 days after the
				department receives the application and shall postpone processing the
				application until the additional information is received and the application is
				complete. If the department does not receive additional information within 90
				days after requesting it from the applicant, it may require a new
				application.
(2) The department
				shall review the completed application and relevant information and make a
				decision whether to issue, deny, or renew a license based on the applicant's
				apparent ability to comply with the requirements of Title 75, chapter 10, part
				12, MCA, and this subchapter.
(3)
				The department's decision to grant or renew a license may include such special
				conditions as are considered necessary to protect public health and the
				environment and avoid public nuisances.
(4) Within five days after receiving a
				completed application for a license, the department shall notify the local
				health officer or designated representative of each county in which the
				applicant proposes to do business. To allow the local health officer or
				designated representative an opportunity to review and comment on an
				application, the department may not issue a license until 14 days after
				notifying the local health officer or designated representative.
(5) The department shall issue a license
				within 30 days after the decision to approve the license.
37-41-103,
					 75-10-1202, MCA; IMP,
					 37-41-201,
					 37-41-202,
					 37-41-211,
					 75-10-1202,
					 75-10-1210,
					 75-10-1212,
					 75-10-1221,
					 MCA;
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 17.50.807 - INSPECTIONS AND ENFORCEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-41-103, MCA; IMP,
					 37-41-212,
					 MCA;
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 17.50.808 - OPERATION AND MAINTENANCE REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-41-103,
					 75-10-204, MCA; IMP,
					 37-41-103,
					 75-10-204,
					 MCA;
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 17.50.810 - SPECIAL CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) A person may
				not apply pumpings to flooded, frozen, or snow covered ground if the pumpings
				may enter state waters.
(2) A
				person may apply routine maintenance pumpings or emergency pumpings including,
				but not limited to, pumpings required due to septic system freeze-ups,
				overflows, flooding, or failures, to frozen or snow covered ground, only if no
				other reasonable treatment method is available. Reasonable treatment method
				options include hauling the waste to a waste water treatment plant or a septage
				storage, treatment, or dewatering facility that will accept the waste and that
				is within 25 miles of the point of generation.
(3) Subject to the restrictions in (1) and
				(2) and the requirements of ARM
				17.50.809(1), (3) and
				(4), a person may apply pumpings to frozen or
				snow covered ground only if:
(a) sites or
				fields used have a slope of less than or equal to 3%;
(b) the land is not within a 100-year
				floodplain;
(c) bulk septage, and
				wastes subject to ARM
				17.50.816, have undergone
				treatment by the vector reduction technique specified in ARM
				17.50.811(3) (c) 
				or, if not alkali stabilized, are incorporated into the soil as soon as the
				weather permits. Grease trap wastes must be incorporated into the soil as soon
				as the weather permits. Alkali stabilization of septage and wastes subject to
				ARM 17.50.816 is required unless the
				owner or the owner's authorized representative is unwilling to accept
				pH-stabilized wastes. If the wastes are not alkali stabilized, the pumper shall
				keep the signed written statement of objection to the alkali-stabilization from
				the owner or authorized representative on file in conformance with ARM
				17.50.813. Site restrictions found
				in ARM 17.50.811(4) and
				(5) start from the time of alkali
				stabilization or the date of incorporation, if not alkali-stabilized.
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 17.50.811 - OPERATION AND MAINTENANCE REQUIREMENTS FOR LAND APPLICATION OR INCORPORATION OF SEPTAGE

Current through Register Vol. 13, July 5, 2024
(1) A person may
				not apply septage to public contact sites or home lawns or gardens.
(2) Bulk materials derived from septage, or
				materials derived from septage sold or given away in a bag or other container,
				may not be applied to public contact sites or home lawns or gardens unless the
				materials to be applied satisfy the pollutant concentration requirements in
				40 CFR
				503.13 (b) (3), the Class A pathogen
				requirements in 40 CFR
				503.32 (a), and at least one of the vector
				attraction reduction requirements in
				40 CFR
				503.33 (b) (1) through (b) (8).
(3) A person may apply septage, bulk
				materials derived from septage not meeting the requirements of (2), or
				materials derived from septage sold or given away in a bag or other container
				not meeting the requirements of (2) only to agricultural land, forest land, or
				reclamation sites, and only if the person first performs one of the following
				vector attraction and pathogen reduction methods:
(a) injection below the surface of the land
				so no significant amount remains on the land surface within one hour after
				injection;
(b) incorporation into
				the soil surface plow layer within six hours after the application;
(c) addition of alkali material so that the
				pH is raised to and remains at 12 or higher for a period of at least 30
				minutes; or
(d) management as
				required by ARM
				17.50.810 when the ground is
				frozen.
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 17.50.812 - INSPECTIONS AND ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				and local health officers or local designated health representatives may
				conduct inspections of proposed disposal facilities for septage and other
				wastes regulated under this subchapter. Upon request, an inspector shall
				present credentials.
(2) The
				department and local health officer or the local health officer's designated
				representative may inspect disposal sites and appropriate records to determine
				if a violation of Title 75, chapter 10, part 12, MCA, or this subchapter is
				occurring or has occurred.
(3)
				Applicants, licensees and owners of disposal sites shall allow inspections
				conducted under this rule.
75-10-204,
					 75-10-205,
					 75-10-1222, MCA; IMP,
					 75-10-204,
					 75-10-1211,
					 75-10-1220,
					 75-10-1222,
					 MCA;
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 17.50.813 - RECORDKEEPING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A licensee
				shall maintain the following records with the following information at the
				place of business indicated on the license application or other
				department-approved location:
(a) type of
				material deposited at each disposal location;
(b) location of each disposal site, by street
				address, latitude and longitude, or township, range, section and quarter
				section;
(c) volume of each
				material deposited at each site, such as septage, grease trap wastes, sump
				pumpings, and wastes subject to ARM
				17.50.816;
(d) number of acres to which pumpings are
				applied;
(e) date and time of each
				application;
(f) nitrogen
				requirement for the crop or other vegetation grown on each site;
(g) rate at which the different kinds of
				pumpings are deposited at each site in gallons per acre during a
				year;
(h) vector attraction and
				pathogen reduction method used for each volume of pumpings applied;
(i) pH of the material 30 minutes after
				alkali addition, if that method is chosen for pathogen and vector attraction
				reduction; and
(j) records of land
				owner objections to application of alkali-stabilized septage.
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 17.50.815 - GREASE TRAP WASTES

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of this rule, "grease interceptor" and "grease trap" mean grease trap.
				Oil/water separators at commercial and industrial facilities are not grease
				traps.
(2) Grease trap waste may
				not be discharged to a treatment works not specifically designed to manage the
				waste.
(3) Grease trap waste may be
				dewatered at a permitted wastewater treatment works designed in conformance
				with Department Circular DEQ-2, Design Standards for Public Sewage Systems, a
				solid waste management system licensed in conformance with Title 75, chapter
				10, part 2, MCA, or at a land application site approved in conformance with
				this subchapter.
(4) A person
				licensed under this subchapter may dewater grease trap waste where the waste is
				produced. An owner or lessee of property from which grease trap waste is
				removed may dewater grease trap waste on property owned or leased by the owner
				or lessee if the property has an area greater than five acres and if the
				dewatering does not constitute a nuisance or public health hazard and is not
				harmful to human health or the environment.
(5) The water from a grease trap dewatering
				process is commercial wastewater. It may be discharged to an individual
				commercial wastewater treatment system or approved wastewater treatment
				facility. The water may be land-applied at an approved septage land application
				site.
(6) Dewatered grease trap
				waste may be disposed of at a licensed Class II solid waste management
				facility.
(7) Grease trap waste,
				dewatered or not, may be:
(a) composted at a
				licensed compost facility;
(b)
				treated at a rendering plant; or
(c) land-applied under the following
				conditions:
(i) in accordance with ARM
				17.50.811(3)(a) or
				(b) for disposal of septage; or
(ii) in accordance with ARM
				17.50.810 when special conditions
				exist.
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 17.50.816 - PRIVY WASTE; PIT TOILET WASTE; PORTABLE TOILET WASTE; VESSEL PUMPOUT FACILITY WASTE; AND RECREATIONAL VEHICLE DUMP STATION WASTE

Current through Register Vol. 13, July 5, 2024
(1) Vessel pumpout facility waste must be
				managed in accordance with
				23-2-522(2), MCA,
				and rules adopted under that section, and must be disposed of by a licensed
				septic tank pumper.
(2) A person
				may not pump wastes from a recreational vehicle dump station not connected to
				an approved wastewater treatment facility unless the person is licensed under
				this subchapter.
(3) A person may
				not place privy waste, pit toilet waste, portable toilet waste, vessel pumpout
				facility waste or recreational vehicle waste in a wastewater treatment system
				with a cesspool.
(4) A person may
				not place privy waste, pit toilet waste, portable toilet waste, vessel pumpout
				facility waste or recreational vehicle waste in a wastewater treatment system
				with a septic tank, unless the septic tank and connected liquid treatment
				system was designed for this purpose by a professional engineer licensed to
				practice engineering in Montana.
(5) No person may land-apply privy waste, pit
				toilet waste, portable toilet waste, vessel pumpout facility waste or
				recreational vehicle waste unless the following conditions are met:
(a) pathogen reduction, vector attraction
				reduction, and site restriction criteria for disposal of septage are in
				accordance with ARM
				17.50.811;
(b) the requirements of ARM
				17.50.810 for special conditions
				have been met; and
(c) the wastes
				are screened or sorted before application, during application, or within six
				hours after application and before incorporation into the soil to remove large
				non-putrescible wastes. The non-putrescible wastes must be disposed of in a
				Class II solid waste management facility licensed in accordance with
				75-10-221, MCA.
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 17.50.819 - INCORPORATION BY REFERENCE AND AVAILABILITY OF REFERENCED DOCUMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department adopts and incorporates by
				reference:
(a) Department Circular DEQ-2,
				Design Standards for Public Sewage Systems (2018 edition), which sets forth
				design standards for public sewage systems;
(b) Method 9095 (the Paint Filter Liquids
				Test) in Manual SW-846, "Test Methods for Evaluating Solid Waste,
				Physical/Chemical Methods," U.S. EPA (Update IIIA); and
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 17.50.820 - LICENSE DENIAL OR REVOCATION; APPEAL

Current through Register Vol. 13, July 5, 2024
(1)
				Pursuant to
				75-10-1221, MCA, the department
				may issue an order denying or revoking a license. The department shall serve
				written notice of an order of denial or revocation, by certified mail, on the
				applicant or licensee or the agent of the applicant or licensee. The notice
				must contain the finding required in
				75-10-1221, MCA. Service is
				complete on the date of mailing.
(2) An order denying or revoking a license
				becomes final 30 days after service unless, within that time, the applicant or
				licensee requests a contested case hearing before the board.
75-10-1202, MCA; IMP,
					 75-10-1221,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.10 - Landfill Location › Rule 17.50.1001 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) All applicants,
				licensees, owners, and operators of solid waste management systems and
				facilities shall comply with this subchapter, except as otherwise specifically
				provided in this subchapter. Wherever there is a requirement imposed on an
				owner or operator in this subchapter, the licensee also shall comply with that
				requirement.
(2) Whenever a person,
				including an applicant or owner or operator, is required by this subchapter to
				submit a document for department approval of an action, the person may not take
				that action unless the person first submits a document containing all
				information necessary for the department to determine whether the action
				complies with the requirements of this subchapter and obtains department
				approval.
(3) When authorized by a
				court order or an agreement between the department and a landowner on whose
				property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter
				has occurred, the department may act, either directly or through a third party,
				to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or
				this subchapter.
(4) Whenever the
				department determines under this subchapter that any information, submittal,
				plan, factor, procedure, condition, criterion, requirement, or change is
				necessary to protect human health or the environment, it shall mail
				notification of the determination to the appropriate applicant, owner,
				operator, or licensee.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.10 - Landfill Location › Rule 17.50.1003 - AIRPORT SAFETY

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a new or existing Class II landfill unit, or a lateral expansion of
				an existing Class II landfill unit, that is located within 10,000 feet (3,048
				meters) of any airport runway end used by turbojet aircraft or within 5,000
				feet (1,524 meters) of any airport runway end used by only piston-type aircraft
				shall submit for department approval a demonstration that the unit is designed
				and operated so that the landfill unit does not pose a bird hazard to aircraft.
				For a new Class II landfill unit, or a lateral expansion of an existing Class
				II landfill unit, the demonstration must be submitted with the application for
				license. For an existing Class II landfill unit for which the demonstration has
				not been submitted and approved, the owner or operator shall submit the
				demonstration to the department for approval within 60 days after being
				requested to do so by the department.
(2) The owner or operator shall place the
				demonstration required in (1) in the operating record and notify the department
				that it has been placed in the operating record.
(3) An owner or operator proposing to site a
				new Class II landfill unit, or lateral expansion of an existing Class II
				landfill unit, within a five-mile radius of any airport runway end used by
				turbojet or piston-type aircraft shall notify the manager of the affected
				airport and the Federal Aviation Administration (FAA) of the
				proposal.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.10 - Landfill Location › Rule 17.50.1004 - FLOODPLAINS

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of a new or
				existing Class II or Class IV landfill unit, or a lateral expansion of an
				existing Class II or Class IV landfill unit, located in a 100-year floodplain
				shall submit for department approval a demonstration that the unit will not
				restrict the flow of the 100-year flood, reduce the temporary water storage
				capacity of the floodplain, or result in washout of solid waste so as to pose a
				hazard to human health and the environment. The owner or operator shall place
				the approved demonstration in the operating record and notify the department
				that it has been placed in the operating record.
(2) For a new Class II or Class IV landfill
				unit, or a lateral expansion of an existing Class II or Class IV landfill unit,
				the demonstration in (1) must be submitted with the application for a
				license.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.10 - Landfill Location › Rule 17.50.1006 - FAULT AREAS

Current through Register Vol. 13, July 5, 2024
(1) A new Class II
				landfill unit, or a lateral expansion of an existing Class II landfill unit,
				may not be located within 200 feet (60 meters) of a fault that has had
				displacement in Holocene time unless the owner or operator submits to the
				department for approval a demonstration that an alternative setback distance of
				less than 200 feet (60 meters) will prevent damage to the structural integrity
				of the Class II landfill unit and will be protective of human health and the
				environment.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.10 - Landfill Location › Rule 17.50.1007 - SEISMIC AREAS

Current through Register Vol. 13, July 5, 2024
(1) A new Class II
				landfill unit, or a lateral expansion of an existing Class II landfill unit,
				may not be located in a seismic impact zone, unless the owner or operator
				submits to the department for approval a report prepared by a Montana licensed
				professional engineer demonstrating that all landfill containment structures
				including, but not limited to, the landfill liner, leachate collection and
				removal system, and surface water control system are designed to resist the
				maximum horizontal acceleration in lithified earth material for the site. The
				owner or operator shall place the approved report in the operating record and
				notify the department that it has been placed in the operating
				record.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.10 - Landfill Location › Rule 17.50.1008 - UNSTABLE AREAS

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for a license for a new Class II landfill unit, or a lateral expansion of an
				existing Class II landfill unit, located in an unstable area shall submit to
				the department for approval, with the application, a report prepared by a
				Montana licensed professional engineer demonstrating that the unit is designed
				to ensure that the integrity of the structural components of the unit will not
				be disrupted. The owner or operator shall place the approved report in the
				operating record and notify the department that it has been placed in the
				operating record. When determining whether an area is unstable, the owner or
				operator shall consider the following factors, and any other factor determined
				by the department to be necessary to protect human health or the environment:
(a) on-site or local soil conditions that may
				result in significant differential settling;
(b) on-site or local geologic or
				geomorphologic features; and
(c)
				on-site or local artificial features or events, both surface and
				subsurface.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.10 - Landfill Location › Rule 17.50.1009 - LOCATION RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a landfill facility shall comply with the following general
				locational requirements:
(a) a sufficient
				amount of land must be available to satisfy the approved design, operation, and
				capacity of any solid waste management system, including adequate separation of
				wastes from underlying ground water or adjacent surface water;
(b) local roads must be capable of providing
				access in all weather conditions and local bridges must be capable of
				supporting vehicles with maximum rated loads;
(c) the facility must be located in a manner
				that does not allow the discharge of pollutants in excess of state standards
				for the protection of state waters, public water supply systems, or private
				water supply systems. The department may, if necessary to protect human health
				or the environment, impose additional conditions on a facility in or near
				sensitive hydrogeological environments including, but not limited to,
				sole-source aquifers, wellhead protection areas, or gravel pits;
(d) drainage structures must be installed to
				control surface water run-off from waste management areas and prevent surface
				water run-on into waste management areas;
(e) the facility must be located to allow for
				closure, post-closure care, and planned uses of the land after the post-closure
				period;
(f) the facility must
				manage solid waste, gas, and leachate pursuant to subchapters 4 and 5 and
				subchapters 10 through 14;
(g) the
				facility or practices may not cause or contribute to the taking of any
				endangered or threatened species of plants, fish, or wildlife;
(h) a Class III landfill may not restrict the
				flow of the 100-year flood, reduce the temporary water storage capacity of the
				floodplain, or result in washout of solid waste so as to pose a hazard to human
				health, wildlife, or land or water resources; and
(i) the facility or solid waste management
				activity may not result in the destruction or adverse modification of the
				critical habitat of endangered or threatened species, as identified in 50 CFR
				Part 17.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1101 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) All applicants,
				licensees, owners, and operators of solid waste management systems and
				facilities shall comply with this subchapter, except as otherwise specifically
				provided in this subchapter. Wherever there is a requirement imposed on an
				owner or operator in this subchapter, the licensee also shall comply with that
				requirement.
(2) Whenever a person,
				including an applicant or owner or operator, is required by this subchapter to
				submit a document for department approval of an action, the person may not take
				that action unless the person first submits a document containing all
				information necessary for the department to determine whether the action
				complies with the requirements of this subchapter and obtains department
				approval.
(3) When authorized by a
				court order or an agreement between the department and a landowner on whose
				property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter
				has occurred, the department may act, either directly or through a third party,
				to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or
				this subchapter.
(4) Whenever the
				department determines under this subchapter that any information, submittal,
				plan, factor, procedure, condition, criterion, requirement, or change is
				necessary to protect human health or the environment, it shall mail
				notification of the determination to the appropriate applicant, owner,
				operator, or licensee.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1103 - PROCEDURES FOR EXCLUDING THE RECEIPT OF HAZARDOUS WASTE

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of a Class II
				landfill unit shall implement a program at the facility for detecting and
				preventing the disposal of regulated hazardous waste, as defined in 40 CFR Part
				261 and polychlorinated biphenyls (PCB) waste, as defined in 40 CFR Part 761.
				This program must include, at a minimum:
(a)
				random inspections of incoming loads, unless the owner or operator
takes other precautions to ensure that incoming loads do not
				  contain regulated hazardous waste or PCB waste;
(b) maintaining records of any
				inspections;
(c) training of
				facility personnel to recognize regulated hazardous waste
and PCB waste; and
(d) notification of the department if a
				regulated hazardous waste or PCB waste is discovered at the facility.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1104 - COVER MATERIAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2), the owner or operator of a Class II landfill unit shall cover
				disposed solid waste with six inches of earthen material at the end of each
				operating day, or at more frequent intervals if necessary, to control disease
				vectors, fires, odors, blowing litter, and scavenging.
(2) The owner or operator shall submit for
				departmental approval procedures for use of any alternative daily cover
				materials and include those procedures in the operation and maintenance plan
				required in ARM
				17.50.508 and
				17.50.509. The following criteria
				also apply:
(a) the procedures for the use of
				alternative daily cover materials must provide for the application of six
				inches of approved cover soil at least once per week;
(b) the owner or operator shall demonstrate
				in the operation and maintenance plan that the material used in, and the
				thickness of, the alternative daily cover will control disease vectors, fires,
				odors, blowing litter, and scavenging, and minimize leachate without presenting
				a threat to human health or the environment; and
(c) the owner or operator of a Class II
				landfill unit for which some portion will not receive additional waste within
				90 days shall place on that portion an intermediate cover of at least one foot
				of approved cover soil, unless the owner or operator has submitted for
				department approval a demonstration that there is good cause for not
				covering.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1105 - DISEASE VECTOR CONTROL

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a Class II landfill unit shall prevent or control on-site
				populations of disease vectors using techniques appropriate for the protection
				of human health and the environment.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1106 - EXPLOSIVE GASES CONTROL

Current through Register Vol. 13, July 5, 2024
(1) The owner
				or operator of a Class II landfill unit shall ensure that:
(a) the concentration of methane gas
				generated by the facility does not exceed 25 percent of the lower explosive
				limit for methane in facility structures, excluding gas control or recovery
				system components; and
(b) the
				concentration of methane gas does not exceed the lower explosive limit for
				methane at the facility property boundary.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1107 - AIR CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a Class II landfill unit shall ensure that the unit does not
				violate any applicable requirements developed under a State Implementation Plan
				(SIP) approved or promulgated by the EPA Regional Administrator pursuant to
				section 110 of the Clean Air Act, as amended, or any other applicable air
				quality requirements.
(2) Open
				burning of solid waste is prohibited at all Class II landfill units, except
				that infrequent burning of agricultural wastes, silvicultural wastes,
				land-clearing debris, diseased trees, or debris from emergency cleanup
				operations, may occur only in compliance with the solid waste facility's
				operation and maintenance plan and a permit obtained under ARM Title 17,
				chapter 8, part 6.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1108 - ACCESS REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a Class II landfill unit shall control public access and prevent
				unauthorized vehicular traffic and illegal dumping of wastes, by using
				artificial barriers, natural barriers, or both, as appropriate to protect human
				health and the environment.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1109 - RUN-ON AND RUN-OFF CONTROL SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) The
				owner or operator of a Class II landfill unit shall design, construct, and
				maintain:
(a) a run-on control system to
				prevent flow onto the active portion of the landfill during the peak discharge
				from a 25-year storm; and
(b) a
				run-off control system from the active portion of the landfill to collect and
				control at least the water volume resulting from a 24-hour, 25-year
				storm.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1110 - SURFACE WATER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A Class II
				landfill unit may not:
(a) cause a discharge
				of a pollutant into state waters, including wetlands, that violates any
				requirement of the Montana Water Quality Act including, but not limited to, the
				Montana pollutant discharge elimination system (MPDES) or the requirements
				found in ARM Title 17, chapter 30, subchapter 13; or
(b) cause the discharge from a nonpoint
				source of pollution to waters of the United States, including wetlands, that
				violates any requirement of an area-wide or statewide water quality management
				plan that has been approved under
				33 USC
				1288 or
				1329 (section 208 or 319 of the
				Federal Clean Water Act, as amended).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1111 - LIQUIDS RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) Bulk or
				noncontainerized liquid waste may not be placed in a Class II landfill unit
				unless:
(a) the waste is household waste
				other than septic waste; or
(b) the
				waste is leachate or gas condensate derived from the Class II landfill unit and
				the Class II landfill unit, whether it is a new or existing Class II landfill
				unit, or lateral expansion of an existing Class II landfill unit, is designed
				with a composite liner and leachate collection and removal system as described
				in ARM 17.50.1204(1)(b).
				The owner or operator shall submit a demonstration to the department that the
				waste would meet the requirements of this rule, place the demonstration in the
				facility operating record, and notify the department that it has been placed in
				the operating record.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1112 - RECORDKEEPING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a Class II landfill unit shall record and retain at the facility,
				in an operating record or in an alternative location approved by the
				department, the following information, as it becomes available:
(a) any location restriction demonstration
				required under ARM Title 17, chapter 50, subchapter 10;
(b) inspection records, training procedures,
				and notification procedures required in ARM
				17.50.1103;
(c) gas monitoring results and any
				remediation plans required by ARM
				17.50.1106;
(d) any Class II landfill unit design
				documentation for placement of leachate or gas condensate in a Class II
				landfill unit, as required under ARM
				17.50.1111(1)(b);
(e) any demonstration, certification,
				finding, monitoring, testing, or analytical data required by ARM Title 17,
				chapter 50, subchapter 13;
(f)
				closure and post-closure care plans and any monitoring, testing, or analytical
				data as required by ARM
				17.50.1403 and
				17.50.1404;
(g) any cost estimates and financial
				assurance documentation required by ARM
				17.50.540; and
(h) any information demonstrating compliance
				with the small community exemption, as required by ARM
				17.50.1203(2).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1113 - DEED NOTATION

Current through Register Vol. 13, July 5, 2024
(1) The following
				requirements concerning deed notations apply to a solid waste landfill
				facility:
(a) Before the initial receipt of
				waste at the facility or, if the facility is licensed and accepting waste on
				February 12, 2010, by April 13, 2010, the owner of the land where a facility is
				located shall submit for department approval a notation to the deed to that
				land, or to some other instrument that is normally examined during title
				search. The notation must be submitted to the department on a form provided by
				the department and, if the notation covers less than all of the land in the
				deed, must be accompanied by a certified exhibit of the waste boundary that
				references the certificate of survey for the tract that encloses the facility.
				If the notation covers all of the land in the deed, then the notation must
				reference the certificate of survey for that land. The notation must, in
				perpetuity, notify any potential purchaser of the land that:
(i) the land has been used as a solid waste
				management system; and
(ii) its use
				is restricted under ARM
				17.50.1404(3)(c).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1114 - GENERAL LIABILITY INSURANCE

Current through Register Vol. 13, July 5, 2024
(1) Before
				the initial receipt of waste at a solid waste management facility, or by April
				13, 2010, if the facility is accepting waste, the owner or operator shall
				submit for department approval, and maintain in force during the active life of
				the facility, a policy of general liability insurance to cover bodily injury or
				property damage to third persons caused by sudden accidental occurrences at the
				facility in the minimum amount of $1 million per occurrence with a minimum
				annual aggregate of $2 million. The owner or operator shall place a copy of the
				approved policy in the facility operating record.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1115 - SPECIAL WASTES

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a solid waste management facility shall manage the following
				special wastes according to the plan in ARM
				17.50.509 and the following
				criteria:
(a) asbestos-contaminated material,
				40 CFR Part 61, subpart M, as adopted by reference in ARM
				17.74.351;
(b) infectious wastes, Title 75, chapter 10,
				part 10, MCA; and
(c) any other
				special waste, in the manner determined by the department to be necessary to
				protect human health or the environment.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1116 - OPERATING CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) An owner or
				operator of a solid waste management system shall construct, maintain, and
				operate that system in conformance with the requirements of this subchapter,
				the plan of operation and maintenance approved by the department, all local
				zoning, system planning, building, and protective covenant provisions, and any
				other legal requirements that may be in effect.
(2) In addition to the requirements of ARM
				17.50.509, the owner or operator
				of a solid waste management facility shall satisfy the following general
				operating requirements:
(a) all solid waste
				management must be confined to areas within the facility that can be
				effectively maintained and operated in compliance with this subchapter. The
				areas to which waste is confined must be created and maintained by supervision,
				fencing, signs, or similar means approved by the department;
(b) the owner or operator shall take
				effective measures to control litter at landfill facilities;
(c) salvaging of materials by the public is
				prohibited unless the owner or operator submits for department approval a
				demonstration that it can be done in a manner protective of human health and
				the environment;
(d) a resource
				recovery, recycling, or solid waste treatment facility and components must be
				designed, constructed, maintained, and operated to control litter, insects,
				rodents, odor, residues, wastewater, and air pollutants;
(e) a container at a transfer station used as
				part of a management system for Group II solid wastes must be maintained and
				kept in a sanitary manner and emptied at least once per week; and
(f) a solid waste management facility must be
				designed, constructed, and operated in a manner to prevent harm to human health
				and the environment.