Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.10 - Landfill Location › Rule 17.50.1005 - WETLANDS

Current through Register Vol. 13, July 5, 2024
(1) A new Class II or Class IV landfill unit,
				or a lateral expansion of an existing Class II or Class IV landfill unit, may
				not be located in wetlands, unless the owner or operator submits to the
				department for approval the following demonstrations:
(a) when applicable under
				33 USC
				1344 (Section 404 of the Federal Clean Water
				Act, as amended) or applicable Montana wetlands laws, clear rebuttal of the
				presumption that a practicable alternative to the proposed landfill is
				available that does not involve wetlands;
(b) the construction and operation of a Class
				II or Class IV landfill unit will not:
(i)
				cause or contribute to violations of any applicable Montana water quality
				standard;
(ii) violate any
				applicable toxic effluent standard or prohibition under
				33 USC
				1317 (Section 307 of the Federal Clean Water
				Act, as amended);
(iii) jeopardize
				the continued existence of endangered or threatened species or result in the
				destruction or adverse modification of a critical habitat, protected under
				16 USC
				1531 through
				1544 (the Endangered Species Act
				of 1973, as amended); or
(iv)
				violate any requirement under
				33 USC
				1401 through 1447 (f) (the Marine Protection,
				Research, and Sanctuaries Act of 1972, as amended) for the protection of a
				marine sanctuary;
(c)
				the Class II or Class IV landfill unit will not cause or contribute to
				significant degradation of wetlands. The owner or operator shall demonstrate
				the integrity of the Class II or Class IV landfill unit and its ability to
				protect ecological resources, by addressing the following factors:
(i) erosion, stability, and migration
				potential of native wetland soils, muds, and deposits used to support the Class
				II or Class IV landfill unit;
(ii)
				erosion, stability, and migration potential of dredged and fill materials used
				to support the Class II or Class IV landfill unit;
(iii) the volume and chemical nature of the
				waste managed in the Class II or Class IV landfill unit;
(iv) impacts on fish, wildlife, and other
				aquatic resources and their habitat from release of the solid waste;
(v) the potential effects of catastrophic
				release of waste to the wetland and the resulting impacts on the environment;
				and
(vi) any additional factors, as
				necessary, to demonstrate that ecological resources in the wetland are
				sufficiently protected;
(d) to the extent required under
				33 USC
				1344 (Section 404 of the Federal Clean Water
				Act, as amended) or applicable Montana wetlands laws, steps have been taken to
				attempt to achieve no net loss of wetlands, as defined by acreage and function,
				by first avoiding impacts to wetlands to the maximum extent practicable as
				required by (1)(a), then minimizing unavoidable impacts to the maximum extent
				practicable, and finally offsetting remaining unavoidable wetland impacts
				through all appropriate and practicable compensatory mitigation actions, e.g.,
				restoration of existing degraded wetlands or creation of artificial wetlands;
				and
(e) sufficient information is
				available to make a reasonable determination with respect to these
				demonstrations.