reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.2 - Water and Wastewater Systems and Operators › Rule 17.40.202 - CLASSIFICATION OF SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) For operators
				certified prior to January 1, 2016, all water supply systems and wastewater
				systems are classified according to population served or type of treatment as
				shown below:
(a) Water distribution systems:
(i) Class 1--serving more than 20,000
				people;
(ii) Class 2--serving 2,500
				to 20,000 people;
(iii) Class
				3--serving 500 to 2,500 people;
(iv) Class 4--serving 100 to 500
				people;
(v) Class 5--serving fewer
				than 100 people.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.2 - Water and Wastewater Systems and Operators › Rule 17.40.203 - CERTIFICATION OF OPERATORS

Current through Register Vol. 13, July 5, 2024
(1) Certification
				must be granted to an applicant under the grandfather clause (
				37-42-303(2),
				MCA) if the applicant submits a statement from the governing board or owner of
				a water supply system or wastewater system stating the applicant was in
				responsible charge of the system on July 1, 1967.
(2) If an addition is installed after July 1,
				1967 to a system that existed on July 1, 1967, the person who was in
				responsible charge of the system on July 1, 1967 and has a grandfather clause
				certificate may be granted a grandfather clause certificate at a classification
				for a more complex system, if:
(a) the person
				participated in the installation; and
(b) evidence is presented to the department
				that the operator has been trained and is qualified to operate the more complex
				system.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.2 - Water and Wastewater Systems and Operators › Rule 17.40.206 - EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) A person
				desiring to take the examination for certification as a water supply or
				wastewater treatment system operator must complete the department's application
				form and return it to the department at least 30 days before the date of the
				examination. The proper fee, as determined under ARM
				17.40.212, must accompany the
				application. Upon department approval, the applicant may take the
				examination.
(2) An annual
				application fee is required for each application for water certification and
				each application for wastewater certification. Examination fees are required
				for each examination taken.
(3) An
				operator certified under one classification by examination and another under
				ARM 17.40.203(1) will
				receive one certificate showing both certifications, with that classification
				held under ARM
				17.40.203(1)
				noted by "(g.c.)."
(4) All classes
				of examinations will be given by department staff or by a council member at a
				time and place set by the department.
(5) Each person submitting an application and
				application fee for certification that meet department requirements will be
				sent a notice of the time and place of the examination.
(6) Examinations will not be returned to
				examinees, but will be on file for one year at the department. A failing
				examination will be kept two years.
(7) An operator holding a temporary
				certificate who fails the examination two times loses the temporary certificate
				upon notice from the department of the second failure. However, the operator
				may take the examination whenever it is given by re-applying in conformance
				with department requirements.
(8)
				The department shall provide a duplicate original certificate, to the person
				certified only, upon payment of a $10 fee.
AUTH:
					 37-42-202, MCA; IMP:
					 37-42-201,
					 37-42-301,
					 37-42-305,
					 37-42-306,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.2 - Water and Wastewater Systems and Operators › Rule 17.40.207 - EXPERIENCE AND EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) An operator
				certified after June 30, 1991, must have graduated from high school or hold a
				GED certificate, unless the applicant submits a written application for a
				special exception from this requirement and the department grants the
				exception. The department may only grant a special exception from this
				requirement upon finding that the applicant has the reading, writing and
				comprehension skills necessary to otherwise meet the requirements of this
				subchapter and to protect the public health and quality of Montana's
				waters.
(2) To become fully
				certified, an operator, in addition to passing the certification examination
				for the operator's specific classification, must have the following operating
				experience in a facility of that classification:
(a) Class 1--two and one-half years'
				experience;
(b) Class 2-- two
				years' experience;
(c) Class 3--one
				and one-half years' experience;
(d)
				Class 4-- one year experience.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.2 - Water and Wastewater Systems and Operators › Rule 17.40.208 - CERTIFIED OPERATOR IN CHARGE OF SYSTEM; EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) Every water or wastewater treatment
				system must have an individual in responsible charge at the system site or on
				call at all times who can respond in a timely manner to threats to public or
				environmental health.
(2) Except as
				provided in this rule, the individual in responsible charge of a system must be
				a fully certified operator for that class or a more complex class of
				system.
(3) An operator with a
				temporary certificate or an operator-in-training certificate may be the
				operator in responsible charge of a system upon:
(a) written request to the department by the
				system owner and verification by the owner that the system is unable to employ
				a fully certified operator; and
(b)
				a finding by the department that the operator has the basic knowledge necessary
				to operate the system and that public health will be protected. The department
				shall base its decision on:
(i) the results
				of any on-site inspection of the system;
(ii) review of the plans and specifications
				of the system;
(iii) review of the
				operator's records, experience and training; and
(iv) examination of any other reasonably
				available and relevant information.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.2 - Water and Wastewater Systems and Operators › Rule 17.40.212 - FEES

Current through Register Vol. 13, July 5, 2024
(1) An applicant for certification shall pay
				to the department:
(a) for any classification
				level of water distribution or water treatment system, an application fee of
				$70, the payment of which entitles the applicant to take examinations for 12
				months from the date of the application, provided that the applicant pays the
				fee required for each examination as specified in (2) ; and
(b) for any classification level of
				wastewater treatment, an application fee of $70, the payment of which entitles
				the applicant to take examinations for 12 months from the date of the
				application, provided that the applicant pays the fee required for each
				examination as specified in (2).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.2 - Water and Wastewater Systems and Operators › Rule 17.40.214 - DISCIPLINARY ACTIONS-DESCRIPTION OF GROUNDS- PROCEDURES FOR REVOCATION OR SUSPENSION OF CERTIFICATE, AND REPRIMAND OF CERTIFIED OPERATOR

Current through Register Vol. 13, July 5, 2024
(1) The department may issue a written order
				imposing any of the disciplinary actions in (2) if the department determines
				that, as provided in
				37-42-321(1),
				MCA:
(a) the operator has practiced fraud or
				deception;
(b) reasonable care,
				judgment, or the application of the operator's knowledge or ability was not
				used in the performance of the operator's duties; or
(c) the operator is incompetent or unable to
				properly perform the operator's duties.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.2 - Water and Wastewater Systems and Operators › Rule 17.40.215 - APPROVED TRAINING PROVIDERS

Current through Register Vol. 13, July 5, 2024
(1) To be approved
				as a training provider, the provider must first apply to the department for
				approval and demonstrate in writing, using the department's form, that:
(a) training is one of the provider's
				principal programs;
(b) the
				provider offers training appropriate for water and wastewater treatment
				operators; and
(c) that the
				provider does not have a vested interest in selling or marketing any product or
				service related to water or wastewater treatment other than training.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.301 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				implement the Water Pollution Control State Revolving Fund Act pursuant to
				Title 75, chapter 5, part 11, MCA, and sections 601 through 607 of the Federal
				Water Pollution Control Act, 33 USC 1381 through
				1387, as amended.
(2) This program creates a perpetual
				financing mechanism for eligible water pollution control projects through use
				of loans and other financial incentives.
(3) The department of natural resources and
				conservation may also adopt rules that address measures for protecting the
				financial solvency of the water pollution control state revolving fund,
				including measures requiring debt security requirements for loans.
75-5-1105, MCA; IMP,
					 75-5-1105,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following terms have the meanings
				  indicated below, certain of which are supplemental to the definitions contained
				  in 75-5-103 and
				  75-5-1102, MCA, and sections 601
				  through 607 of the Federal Water Pollution Control Act,
				  33 USC
				  1251 through
				  1387, as amended. Terms used
				  herein without definition have the meanings given them in the Act or the
				  federal Act.
(1) "Act" means the Water
				Pollution Control State Revolving Fund Act, Title 75, chapter 5, part 11,
				MCA.
(2) "Department" means the
				Montana department of environmental quality established by
				2-15-3501, MCA.
(3) "Department of natural resources and
				conservation" means the Montana department of natural resources and
				conservation established by
				2-15-3301, MCA.
(4) "Eligible water pollution control
				projects" means projects that meet the requirements of the federal Act and are
				approved by the department, including certain wastewater collection and
				treatment system projects, sewage system projects, storm sewer or storm
				drainage projects, solid waste management projects, and other nonpoint source
				projects.
(5) "EPA" means the
				United States environmental protection agency.
(6) "Federal act" means the federal Act as
				defined in
				75-5-1102, MCA.
(7) "Intended use plan" or "IUP" means the
				document prepared annually by the department that identifies uses of the funds
				in the program and describes how those uses support the goals of the
				program.
(8) "Municipality" means
				municipality as defined in
				75-5-1102, MCA.
(9) "Nonpoint source" means a source of
				pollutants that originate from diffuse runoff, seepage, drainage, or
				infiltration.
(10) "Nonpoint source
				management plan" means the most recent report submitted by the department to
				EPA pursuant to 33 USC
				1329.
(11) "Nonpoint source project" means a
				project that has been approved in the nonpoint source management plan and that
				is eligible and has qualified for financing under the program pursuant to the
				federal Act, the Act, these rules, and applicable department of natural
				resources and conservation rules, and may include, without limitation, the
				following:
(a) solid waste management
				systems;
(b) manure storage
				facilities;
(c) mitigation
				banks;
(d) urban storm water
				runoff;
(e) ground water
				protection;
(f) animal feed
				operations;
(g) no-till farm
				equipment;
(h) wetlands restoration
				and preservation;
(i) stream bank
				restoration;
(j) submerged aquatic
				vegetation;
(k) construction
				runoff; and
(l) conservation
				easements.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.303 - USE OF THE FUND-ELIGIBLE ACTIVITIES FOR FUND ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) The department shall administer the
				program in accordance with the federal Act, the Act, the trust indenture
				regarding the program, and these rules. If there is a conflict among the Act,
				the trust indenture, or these rules, the department shall resolve the conflict
				by applying the following order of precedence:
(a) the Act;
(b) the trust indenture;
(c) these rules.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.308 - TYPES OF FINANCIAL ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) The
				department or the department of natural resources and conservation may provide
				financial assistance from the revolving fund by:
(a) making a loan for the costs of eligible
				water pollution control projects, subject to the following requirements:
(i) the term may not exceed 20 years after
				completion of the project, unless otherwise permitted by the federal Act, the
				Act, the trust indenture regarding the program, the department, and the
				department of natural resources and conservation;
(ii) repayment must begin as prescribed by
				the department of natural resources and conservation, but in any event not
				later than one year after project completion with all principal and interest
				payments credited directly to the fund;
(iii) the loan recipient shall establish a
				dedicated source of revenue for repayment of the loan; and
(iv) satisfaction of all additional
				requirements of the department of natural resources and conservation;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.309 - CRITERIA FOR FINANCIAL ASSISTANCE TO MUNICIPALITIES

Current through Register Vol. 13, July 5, 2024
(1) To be eligible for financial assistance
				from the revolving fund, a municipality must:
(a) meet financial capability requirements
				set by the department of natural resources and conservation for the proposed
				project that ensure sufficient revenues will be available to operate and
				maintain the project for its useful life and to repay the loan;
(b) agree to operate and maintain the
				facility constructed or improved by the project so that it will function
				properly over the useful life of the project;
(c) maintain proper financial records in
				accordance with generally accepted governmental accounting standards, and agree
				to periodic audits by the department or a contractor to the
				department;
(d) meet the statutory
				requirements listed in 33
				USC 1382 for projects constructed with funds
				made available directly by federal capitalization grants;
(e) provide legal assurance that the
				necessary property titles, easements, and rights-of-way have been obtained to
				construct, operate and maintain the facility;
(f) prepare an engineering report evaluating
				the proposed project, including an analysis of cost-effectiveness and
				environmental effects;
(g) meet the
				applicable plan and specification requirements for the project (for example,
				for public wastewater systems, those described in ARM
				17.38.101, and for solid waste
				management systems, those described in ARM
				17.50.506 ) ;
(h) utilize proper construction inspection
				and project management procedures; and
(i) meet all applicable local, state, and
				federal laws and regulations.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.310 - CRITERIA FOR LOANS TO PRIVATE PERSONS

Current through Register Vol. 13, July 5, 2024
(1)
				A private person is eligible for a loan from the fund if the person's project
				proposal meets the following criteria:
(a)
				the project is consistent with the nonpoint source management plan and has
				qualified as a nonpoint source project;
(b) appropriate technical and administrative
				assistance is available for the project;
(c) public or landowner support for the
				project is demonstrated;
(d)
				adequate funding sources are available to completely finance the
				project;
(e) the project meets the
				criteria for loans as stated in
				75-5-1113, MCA; and
(f) the project satisfies all conditions for
				financing of the project required by the department of natural resources and
				conservation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.311 - APPLICATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) A complete
				application package may be submitted to the department at any time. The
				department shall consider applications in the order received. If the department
				determines, in its sole discretion, that it lacks sufficient time to consider
				an application during the state fiscal year (July 1 through June 30) in which
				it was submitted, the department shall consider the application during the next
				fiscal year.
(2) A municipality
				that seeks direct loan assistance, a loan guarantee, or insurance for a
				municipal obligation must submit:
(a) a
				completed uniform application form;
(b) a preliminary engineering or technical
				report that includes an assessment of the environmental impacts associated with
				the proposed project;
(c) plans and
				specifications of the project, if available;
(d) a project schedule;
(e) an engineering contract with information
				concerning procurement of services; and
(f) other information needed for evaluating
				the project, as determined by the department or required pursuant to
				administrative rules issued by the department of natural resources and
				conservation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.315 - PROJECT PRIORITY LIST

Current through Register Vol. 13, July 5, 2024
(1) The project
				priority list is established for rating and ranking possible projects for fund
				assistance.
(2) The department
				shall list all potential eligible projects on the project priority list,
				including projects proposed by project applicants and projects that the
				department determines are needed.
(3) The project priority list must include:
(a) a category assignment for each project
				based on the type of construction anticipated;
(b) an assignment of a numerical score for
				each project through use of the department's ranking criteria and ranking
				system, which must rate and rank projects according to:
(i) water quality impairment as it relates
				to:
(A) surface water; and
(B) ground water;
(ii) effectiveness of the proposed project in
				improving water quality;
(iii)
				activity-specific criteria; and
(iv) the applicant's readiness to proceed;
				and
(c) a system by
				which limited funds are allocated on an annual basis.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.316 - INTENDED USE PLAN-RANKING FOR FUNDING PURPOSES

Current through Register Vol. 13, July 5, 2024
(1) The department shall prepare an intended
				use plan (IUP) annually.
(2) A
				project selected for funding is subject to denial by the department of natural
				resources and conservation based on its review for financial capability, as
				required under
				75-5-1113, MCA.
(3) The following factors must be considered
				in developing the IUP:
(a) ability of each
				listed project to proceed within the fiscal year;
(b) each project's position on the project
				priority list;
(c) long-term health
				and viability of the revolving fund, and the ability of the revolving fund to
				support the project; and
(d)
				financial need of the project applicant.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.317 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The project
				priority rating and ranking system, project priority list, and intended use
				plan are subject to full public scrutiny. Each year the department shall mail
				the draft priority list to the program's list of interested persons as defined
				in 2-4-102, MCA, publish notice of its
				availability in at least five newspapers of general circulation, and post such
				notice on the department's website.
(2) After preparation of the draft Montana
				rating and ranking system, the draft project priority list, and the draft
				intended use plan, a formally advertised public hearing must be held to allow
				public comment concerning the rating and ranking system, project priority list,
				and intended use plan. All public comments received by the department must be
				addressed in a written summary.
75-5-1105, MCA; IMP,
					 75-5-1112,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.40 - WATER TREATMENT SYSTEMS AND OPERATORS › Subchapter 17.40.3 - Waste Water Treatment Works Revolving Fund › Rule 17.40.318 - STATE REVOLVING FUND PROJECTS ELIGIBLE FOR CATEGORICAL EXCLUSION FROM MEPA REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2), a department action under Title 75, chapter 5, part 11, MCA,
				and this subchapter is excluded from the requirement to prepare an
				environmental assessment (EA) or environmental impact statement (EIS) if the
				application for department review is for any of the following projects:
(a) projects relating to existing
				infrastructure systems such as sewer systems, drinking water supply systems,
				and stormwater systems, including combined sewer overflow systems that involve:
(i) minor upgrading;
(ii) minor expansion of system
				capacity;
(iii) rehabilitation
				(including functional replacement) of the existing system and system
				components; or
(iv) construction of
				new minor ancillary facilities adjacent to or on the same property as existing
				facilities; or
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.101 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.102 - PRE-APPLICATION CONFERENCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.103 - GENERAL APPLICATION REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.104 - FRONT-END PLANNING FUNDS - GRANT APPLICATION AND CRITERIA FOR REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.105 - FRONT-END IMPLEMENTATION FUNDS - GRANT APPLICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.110 - LOAN - ELIGIBILITY REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.111 - LOAN APPLICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.112 - ORDER OF FUNDING LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.113 - ORDER OF FUNDING GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.118 - DEPARTMENT APPROVAL OF PROJECT CHANGES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.1 - Grants and Loans to Local Governments › Rule 17.50.119 - NONCOMPLIANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-106, MCA; IMP:
					 75-10-106,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.201 - LICENSE TO OPERATE-APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant for a license to operate a motor vehicle wrecking facility shall use
				application forms provided by the department.
(2) An applicant shall submit, with the
				application, a written certification signed by the appropriate local government
				official having knowledge of local zoning ordinances that the operation of the
				proposed facility would not violate any local government zoning ordinance in
				effect on the date that the application is filed with the department. If the
				appropriate local government official states that the operation would violate
				such an ordinance, the department shall deny the license application. If the
				appropriate local government official fails to make the certification and the
				applicant indicates the failure in writing on the application, the department
				shall determine if a zoning ordinance would be violated. If it determines that
				the operation of the proposed facility would violate a zoning ordinance, the
				department shall deny the application. If it determines that the operation of
				the facility would not violate a zoning ordinance, the department shall
				continue to process the application.
(3) If the department determines that an
				application is not complete, it shall return the application to the applicant
				with a written statement that it is not complete. The department may not
				continue to process the application until the applicant submits a complete
				application. A determination that an application is not complete is not a
				denial of the application.
(4) As
				required by
				75-10-516, MCA, in deciding
				whether to grant or deny a license application, the department shall consider
				the effect of the proposed facility on adjoining landowners and land
				uses.
(5) Before approving a
				license application and issuing a license, the department shall inspect the
				facility. The department may not issue a license if the facility is not in
				compliance with the shielding requirements of ARM
				17.50.202.
75-10-503, MCA; IMP,
					 75-10-503,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.202 - SHIELDING OF FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) All junk
				vehicles, motor vehicle wrecking facilities, and county motor vehicle
				graveyards are required to be shielded from public view. Public view is any
				point six feet above the surface of the center of any public road from which
				the wrecking facility and junk vehicles can be seen.
(2) Shielding refers to fencing or other
				manmade barriers to conceal a facility from public view. It also refers to
				natural barriers. Any shielding barrier must conform to all local zoning,
				planning, building, and protective covenant provisions and any other legal
				restrictions that may be in effect for each wrecking facility site.
(3) A person possessing a junk vehicle shall
				shield it in compliance with the following requirements:
(a) Fences must be constructed of sound
				building materials.
(b) Rough
				dimensional lumber or better is acceptable. Slabs are not considered rough
				dimensional lumber. Other types of fencing of equivalent performance,
				attractiveness, and shielding qualities are also acceptable. Plastics or other
				materials placed over junk vehicles are not acceptable, except that a
				reasonably attractive car cover specifically designed to attach tightly to and
				cover a motor vehicle is acceptable for shielding one junk vehicle at a single
				location.
(c) If a fence is used,
				the boards may be spaced or slanted to reduce wind load. The space which may be
				seen from a broad-side view may not be more than 1½ inches wide when
				viewed at any angle from 45º to 90º to the fence. The interval
				between spaces may not be less than 7½ inches. Notwithstanding the
				spacing and interval requirements contained herein, chainlink metal fences with
				standard fiberglass or similar inserts are acceptable. The spacing in the fence
				must be no greater than 45º from vertical.
(d) Screening with shrubs and trees, while
				not subject to precise measurements, must provide a similar degree of shielding
				at all times of the year. Trees and shrubs can best be used in conjunction with
				other shielding materials to improve the appearance of the wrecking facility. A
				berm may also be used, provided the slopes of the berm are covered and graded
				smooth, with not less than 3 inches of top soil, and seeded with an adequate
				seeding formula.
(e) Shielding must
				be of sufficient height to shield junk vehicles on the premises from public
				view. If a facility is situated in a manner making it impractical to construct
				a fence or other shielding high enough to shield the facility, a series of
				fences or other shielding should be used. This is not intended to require that
				permanent buildings, utility poles, cranes, derricks, or similar structures be
				shielded.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.203 - COMPLETION OF SHIELDING

Current through Register Vol. 13, July 5, 2024
(1) If the
				department decides, after determining that an applicant for a license has met
				all the licensing requirements of this subchapter except for the shielding
				requirements in ARM
				17.50.202, that a license should
				be issued when the applicant has complied with shielding requirements, the
				department shall issue and mail to the applicant a written statement that the
				applicant has complied with all requirements, other than shielding, of Title
				75, chapter 10, part 5, MCA, and this subchapter, and that it has decided that
				a license should be issued if the shielding requirements are satisfied within
				eight months. If the applicant then complies with the shielding requirements in
				ARM 17.50.202 and submits acceptable
				evidence of that compliance to the department within eight months after the
				date that the department issued the statement, and otherwise remains in
				compliance with Title 75, chapter 10, part 5, MCA, and this subchapter, the
				department shall inspect and determine compliance under ARM
				17.50.202(3). If
				it determines that the applicant is complying with shielding and other
				requirements, the department shall issue the license.
(2) If an applicant who has received a
				statement under (1) violates any requirement of Title 75, chapter 10, part 5,
				MCA, this subchapter, or an order of the department issued pursuant to Title
				75, chapter 10, part 5, MCA, or this subchapter, the department may take
				enforcement or other action authorized by Title 75, chapter 10, part 5, MCA, or
				this subchapter.
75-10-503, MCA; IMP,
					 75-10-503,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.205 - RENEWAL OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) For licensed
				motor vehicle wrecking facilities, renewal application must be made on forms
				furnished by the department.
(2) A
				motor vehicle wrecking facility must be in compliance with, or be operating
				under a compliance plan that will assure compliance with,
				75-10-501 through
				75-10-542, MCA, and these rules
				prior to receiving a renewed license.
75-10-503, MCA; IMP,
					 75-10-503,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.206 - DENIAL OF APPLICATION OR CANCELLATION OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) When the department determines to deny an
				application for a license, to deny the renewal of a license, or to revoke a
				license pursuant to
				75-10-514, MCA, it shall notify
				the applicant or licensee of its intended action.
(2) The department shall give the applicant
				or licensee the opportunity to submit an acceptable compliance plan setting
				specific dates for compliance which shall be submitted within 10 days after
				receipt of the notification.
(3)
				Upon the failure of the applicant or licensee to submit an acceptable
				compliance plan within the prescribed time, the department may deny the
				application, deny the renewal, or revoke the license. The decision by the
				department to deny the application, deny the renewal, or revoke the license may
				be appealed pursuant to
				75-10-515, MCA.
75-10-503, MCA; IMP,
					 75-10-503,
					 75-10-515,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.207 - INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) The facility and required operational
				records must be made available for inspection to an authorized representative
				of the department or county at all reasonable business hours. The required
				operational records must also be made available for inspection by an authorized
				representative of the department of justice at all reasonable business
				hours.
(2) Each county, through its
				designated representative, shall inspect each licensed motor vehicle wrecking
				facility within its boundaries at least annually.
(3) Upon notification of a licensee's intent
				to discontinue business, the county shall inspect the licensee's
				facility.
75-10-503,
					 75-10-521, MCA; IMP,
					 75-10-503,
					 75-10-521,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.210 - MOTOR VEHICLE GRAVEYARDS

Current through Register Vol. 13, July 5, 2024
(1) Each motor
				vehicle graveyard is required to be licensed, but no fee is required. The
				graveyard shall be operated and maintained in accordance with the requirements
				of this subchapter which are applicable to motor vehicle wrecking
				facilities.
(2) Every motor vehicle
				graveyard shall maintain records on each vehicle placed in the graveyard.
(a) Each motor vehicle graveyard shall submit
				its records on each junk vehicle to the department on a quarterly basis. A form
				entitled "Motor Vehicle Graveyard Log Sheet" will be furnished by the
				department to record this information.
(b) A properly completed certificate of
				ownership, sheriff's certificate of sale, notarized bill of sale from the
				former owner or person selling the vehicle, release of ownership or interest in
				the motor vehicle, or sheriff's release must be obtained for each junk vehicle
				placed in a county motor vehicle graveyard. This documentation must be
				submitted to the department as soon as the junk vehicles are removed from the
				motor vehicle graveyard.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.211 - REIMBURSEMENT OF HIRED ABANDONED VEHICLE REMOVAL CHARGES

Current through Register Vol. 13, July 5, 2024
(1) The sheriff of each county and the chief
				of police of each city shall designate one or more persons within their
				agencies as authorized representatives for the purpose of submission of claims
				for reimbursement of hired removal costs.
(2) Upon hiring a hired vehicle remover, the
				authorized law enforcement agency representative may submit to the department a
				request for the reimbursement provided for in
				75-10-503, MCA, or may authorize
				the hired vehicle remover to submit directly to the department a claim for
				payment to be made directly to the hired vehicle remover.
75-10-503, MCA; IMP,
					 75-10-532,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.212 - DISTRICT DESIGNATION AND CLAIM SUBMITTAL

Current through Register Vol. 13, July 5, 2024
(1) The state is divided into 3 districts:
(a) District 1 consists of Big Horn; Carter;
				Custer; Daniels; Dawson; Fallon; Garfield; McCone; Phillips; Powder River;
				Prairie; Richland; Roosevelt; Rosebud; Sheridan; Treasure; Yellowstone; Valley;
				and Wibaux counties;
(b) District 2
				consists of Blaine; Broadwater; Cascade; Chouteau; Carbon; Fergus; Gallatin;
				Golden Valley; Hill; Judith Basin; Liberty; Meagher; Musselshell; Park;
				Petroleum; Stillwater; Sweet Grass; and Wheatland counties; and
(c) District 3 consists of Beaverhead; Deer
				Lodge; Flathead; Glacier; Granite; Jefferson; Lake; Lewis and Clark; Lincoln;
				Madison; Mineral; Missoula; Pondera; Powell; Ravalli; Sanders; Silver Bow;
				Teton; and Toole counties.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.213 - PAYMENT REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) Payment
				requests shall consist of:
(a) standard
				billing document; and
(b) a
				completed authorization to remove the vehicle and request for reimbursement for
				each vehicle for which a claim for payment is made. The authorization and
				request must be on a form provided by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.214 - FUNDING ALLOCATION

Current through Register Vol. 13, July 5, 2024
(1) Funding
				available to the law enforcement agencies within a county for a fiscal year
				must be allocated based on 85% of the funding appropriated by the legislature
				for vehicle removal reimbursement during that fiscal year divided by the number
				of registered vehicles in the state and multiplied by the number of registered
				vehicles in that county. Funding from the county allocation is available to the
				sheriff's office and city police departments located within the boundaries of
				the county. The department shall deny a claim if the county's funding
				allocation for the fiscal year in which the removal occurred is located has
				been exhausted. The claim may not be resubmitted except pursuant to
				(2).
(2) Fifteen percent of the
				legislatively appropriated funding for each fiscal year must be used as a
				contingency fund to be allocated on an "as needed" basis for extraordinary
				vehicle removal efforts. Whenever there is a need for additional funding to
				support higher than allocated funding levels, the law enforcement agency may
				request supplemental funding from the contingency fund.
(3) If the law enforcement agencies within a
				county do not use that county's full allocation, the unused portion of the
				allocation may be reapportioned as part of the contingency fund established in
				(2).
75-10-503, MCA; IMP,
					 75-10-532,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.215 - DISPOSAL OF JUNK VEHICLES THROUGH STATE DISPOSAL PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in the rules
				pertaining to the sales of junk vehicles, the county shall notify the
				department for disposition of any junk vehicles located in a motor vehicle
				graveyard within the boundaries of the county, regardless of the number of
				vehicles involved.
(2) Any junk
				vehicle designated by the county as eligible for inclusion in a county sale of
				junk vehicles must be placed in an orderly manner in a separate defined area of
				the graveyard.
(3) A motor vehicle
				wrecking facility may request the department to contract for removal of junk
				vehicles from its premises if there is an accumulation of at least 200 vehicles
				at the facility. If the department can handle such requests, the motor vehicle
				wrecking facility is to surrender to the department all records maintained on
				the vehicle.
75-10-503, MCA; IMP,
					 75-10-503,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.216 - ITEMIZED ACCOUNTING BUDGET PROCEDURES-COUNTY JUNK VEHICLE PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) Each county junk vehicle program shall
				submit to the department an itemized accounting for the past fiscal year by
				December 31 before the department will approve the next fiscal year's
				budget.
(2) The itemized accounting
				must be submitted on forms provided by the department.
(3) A county's junk vehicle budget for each
				fiscal year must be spent, encumbered (purchase order or signed contract), or,
				subject to the limitations set forth in
				75-10-521,
				MCA, designated to a motor vehicle recycling and disposal capital improvement
				fund by June 30.
(4) Prior to
				paying a county's approved budget as provided for in
				75-10-534,
				MCA, the department shall deduct any funds from the county's approved budget
				for the past fiscal year that were not spent, encumbered, or designated to a
				motor vehicle recycling and disposal capital improvement fund by June
				30.
(5) Any proposed changes in the
				budget during a fiscal year must be submitted to the department for approval,
				prior to expenditure for the proposed change.
(6) In addition to the accounting required by
				(1) and (2) , an itemized accounting of revenues realized by the county from
				the sales of junk vehicles must be submitted for each past fiscal year on a
				form provided by the department. This additional accounting must be submitted
				before an approval will be granted for the next fiscal year's budget.
AUTH:
					 75-10-503, MCA;
					 IMP:
					 75-10-503,
					 75-10-521,
					 75-10-534,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.217 - AUTHORIZED COUNTIES MAY SELL JUNK VEHICLES

Current through Register Vol. 13, July 5, 2024
(1) A county, with written authorization from
				the department, may sell junk vehicles from the motor vehicle graveyard to
				licensed motor vehicle wrecking facilities. This requirement of written
				authorization applies to motor vehicle graveyards operated by a contractor in
				addition to motor vehicle graveyards operated by the county.
75-10-503, MCA; IMP,
					 75-10-503,
					 75-10-521,
					 MCA;