reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1602 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following terms shall have the
				  meanings, interpretations, or acronyms provided below:
(1) "1,2 DCA" means
				1,2-dichloroethane.
(2) "1,2 EDB"
				means 1,2-dibromoethane.
(3) "Below
				treatment zone" or "BTZ" means the undisturbed natural soil within the
				treatment cell of a landfarm facility that directly underlies the treatment
				zone to a depth of 3 feet.
(4)
				"Bioremediation" is the treatment of pollutants or waste (as in an oil spill,
				contaminated ground water, or an industrial process) by the use of
				microorganisms (as bacteria) to break down undesirable substances.
(5) "BTEX" means benzene, toluene,
				ethylbenzene, and xylene.
(6)
				"C:N:P" means carbon to nitrogen to phosphorus ratio.
(7) "Contaminated soil" has the meaning
				specified in ARM
				17.50.502.
(8) "EPH" means extractable petroleum
				hydrocarbon.
(9) "Intermediate
				landfarm facility" has the meaning specified in ARM
				17.50.403.
(10) "Landfarm facility" has the meaning
				specified in ARM 17.50.403.
(11)
				"Major landfarm facility" has the meaning specified in ARM 17.50.403.
(12) "Minor landfarm facility" has the
				meaning specified in ARM 17.50.403.
(13) "MTBE" means methyl tert-butyl
				ether.
(14) "One-time landfarm" has
				the meaning specified in ARM 17.50.403.
(15) "Remediation" means the act of reducing
				contamination to a level that is protective of human health and the
				environment.
(16) "TCLP" means
				toxicity characteristic leaching procedure.
(17) "TPH" means total petroleum
				hydrocarbon.
(18) "Treatment cell"
				means the prepared area of a landfarm facility where contaminated soil is
				undergoing remediation.
(19)
				"Treatment season" means April through October unless otherwise specified by
				the department.
(20) "Treatment
				zone" or "TZ" means the total space within a treatment cell that contains the
				contaminated soils that are being remediated. The treatment zone includes the
				contaminated soils applied to the treatment cell and any material incorporated
				into them.
(21) "Unstable area" has
				the meaning specified in ARM
				17.50.1002.
(22) "Uppermost aquifer" has the meaning
				specified in ARM
				17.50.1102.
(23) "VPH" means volatile petroleum
				hydrocarbon.
AUTH:
					 75-10-204, MCA;IMP:
					 75-10-204,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1606 - SITING STANDARDS FOR LANDFARM FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a landfarm facility that is not a one-time landfarm facility shall
				meet the following siting requirements. Treatment cells must be located:
(a) more than 1,000 feet from domestic water
				wells;
(b) more than 500 feet from
				any residential property boundary;
(c) at least 150 feet from the high water
				mark of surface water, including an intermittent drainage and
				floodplain;
(d) with at least 25
				feet of vertical separation between the base of the treatment zone and the
				seasonally high water level of the uppermost aquifer beneath the facility;
				and
(e) at least 200 feet (60
				meters) from an unstable area, unless the owner or operator of a landfarm
				facility makes a written demonstration to the department that an alternative
				setback distance of less than 200 feet (60 meters) will prevent damage to the
				structural integrity of the treatment unit and will be protective of human
				health and the environment.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1607 - SITING STANDARDS FOR ONE-TIME LANDFARMS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a one-time landfarm facility shall meet the following siting
				requirements. Treatment cells must be located:
(a) more than 1,000 feet from domestic water
				wells;
(b) more than 500 feet from
				any residential property boundary; and
(c) at least 150 feet from the high water
				mark of surface water, including an intermittent drainage and floodplain;
				and
(d) with at least 25 feet of
				vertical separation between the base of the treatment zone and the seasonally
				high water level of the uppermost aquifer beneath the facility.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1608 - DESIGN CRITERIA FOR LANDFARM FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) An owner or
				operator may not use a soil treatment cell at a landfarm facility unless it
				meets the standards provided in ARM 17.50.1613.
(2) The owner or operator of a landfarm
				facility shall ensure that:
(a) the basal
				slope for any treatment cell does not exceed two percent; and
(b) storm water run-on and run-off controls
				are provided for flow volume up to the 24-hour, 25-year storm event.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1611 - OPERATION AND MAINTENANCE PLAN FOR LANDFARM FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				accepting contaminated soils, the owner or operator of a soil treatment
				facility shall submit to the department for approval an operation and
				maintenance plan that includes the following information:
(a) background soil sampling results for the
				BTZ soils;
(b) for the TZ and BTZ
				soil:
(i) sample collection
				procedures;
(ii) sample collection
				frequency;
(iii) analytical
				parameters and procedures;
(iv)
				chain-of-custody control; and
(v)
				quality assurance and quality control plan;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1612 - ANALYTICAL METHODS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				this subchapter, the department adopts and incorporates by reference:
(a) Test Methods for Evaluating Solid Waste,
				Physical/Chemical Methods, EPA publication SW-846, Third Edition, Final Updates
				I (1993), II (1995), IIA (1994), IIB (1995), III (1997), IIIA (1999), IIIB
				(2005), IV (2008), and V (2015), which may be obtained at
https://www.epa.gov/hw-sw846/sw-846-compendium
or by contacting the National Technical Information Service, 5301 Shawnee Road,
				Alexandria, VA 22312 or 1 (800) 553-687;
(b) Montana Risk-based Corrective Action
				Guidance for Petroleum Releases, (February 2024) as the analytical methodology
				landfarms must utilize and Table 1 of the Montana Risk-based Corrective Action
				Guidance for Petroleum Release as the standards for compliance with remediation
				requirements outlined in ARM
				17.50.1617. A copy of the Montana
				Risk-based Corrective Action Guidance for Petroleum Releases, (February 2024)
				may be obtained at
https://deq.mt.gov/cleanupandrec/Programs/petrocleanup
or by contacting the Department of Environmental Quality at P.O. Box 200901,
				Helena, MT 59620-0901 or 1 (406) 444-5300.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1613 - LANDFARM FACILITY STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a landfarm facility:
(a) may not
				place in a treatment cell contaminated soils when the BTZ soils have a
				hydraulic conductivity less than 1 x 10-5 cm/sec.
				The owner or operator shall determine hydraulic conductivity by a
				department-approved method;
(b) may
				not place in a treatment cell contaminated soils that contain over five percent
				petroleum hydrocarbons by weight or with concentrations of TPH or VPH and EPH
				greater than 50,000 ppm without prior approval from the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1616 - RECORDKEEPING AND REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a landfarm facility shall:
(a)
				maintain an operating record at the facility or at an alternate location
				approved by the department;
(b)
				make the operating record available for department inspection during normal
				business hours. The operating record must contain the following information as
				it becomes available:
(i) BTZ and ground
				water sample collection details and analytical results, if required;
(ii) the source, volume, type, and
				concentration of contaminants for incoming contaminated soils;
(iii) treatment zone information, as follows:
(A) application dates and contaminated soil
				volume applied;
(B) dates of
				tillage activities;
(C) quantities
				and dates applied of carbon to nitrogen to phosphorous (C:N:P) ratio and
				nutrient addition;
(D) moisture
				content and irrigation;
(E) soil pH
				and pH adjustments, if necessary;
(F) quantities and dates of bulking agents
				added;
(G) addition of
				bioremediation enhancers or amendments;
(H) information concerning treatment zone
				maintenance;
(iv) date
				and volume of treated soils removed from treatment cell; and
(v) any other information determined by the
				department to be necessary to protect human health or the environment;
				and
(c) record the
				following information in the operating record as it becomes available and
				submit it to the department as part of the annual report required under ARM
				17.50.412:
(i) dates and results of all remediation
				sampling events for each separate volume of contaminated soil under treatment
				including generator tracking code, type of contaminant, test methodology,
				baseline concentration, volume being treated, and months under
				treatment;
(ii) dates, types, and
				results of all treatment maintenance activities such as BTZ sampling, C:N:P
				monitoring, tilling, irrigation, nutrient or bulking supplementation;
				and
(iii) changes to the site map
				and operational plan.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1617 - LANDFARM FACILITY REMEDIATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Contaminated soils are considered
				remediated when:
(a) contaminant
				concentrations listed in Montana Risk-based Corrective Action Guidance for
				Petroleum Releases, Table 1 (February 2024) are permanently reduced to the
				residential RSBL concentrations.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1618 - CLOSURE PLAN

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				closure of a landfarm facility, the owner or operator of a landfarm facility
				shall submit a closure plan that documents the following:
(a) all contaminated soils were remediated
				pursuant to ARM 17.50.1617 standards;
(b) concentrations of TCLP metals in all
				remediated soils remaining at the facility are below the limits specified in
				ARM 17.50.1613, Table 4 and
				concentrations of nitrates or phosphorous are below the annual agronomic uptake
				rate for the established vegetation;
(c) one of the following requirements was
				satisfied:
(i) all contaminated soils were
				remediated and removed in accordance with ARM
				17.50.1617 standards;
(ii) all contaminated soils were remediated
				to ARM 17.50.1617 standards and were
				subsequently spread and contoured in place; or
(iii) all contaminated soils were remediated
				to Table 1 residential RSBL concentrations in the Montana Risk-based Corrective
				Action Guidance for Petroleum Releases, (February 2024) and are capable of
				supporting native vegetation;
(d) all facility structures, such as cell,
				berms, and ditches, were reclaimed to pre-operation conditions;
(e) disturbed areas were revegetated with
				native plant growth or other department-approved species;
(f) final surface grades prevent ponding and
				erosion; and
(g) any ground water
				wells not intended for post-closure use were abandoned pursuant to ARM
				17.50.1305.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1621 - POST-CLOSURE CARE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a landfarm facility shall:
(a)
				monitor the reclaimed site for vegetative growth for a minimum of two years
				after closure. If the revegetation is unsuccessful as determined by the
				department, the owner or operator shall re-seed and monitor the reclaimed site
				until the department determines the revegetation is successful;
(b) for a landfarm facility required to
				monitor ground water, ground water monitoring must be conducted at least
				semi-annually for a minimum of two years after closure as pursuant to ARM
				17.50.1611(13);
(c) place
				documentation of the monitoring in the operating record requirements of ARM
				17.50.1106.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1622 - FINANCIAL ASSURANCE

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a landfarm facility required to conduct ground water monitoring
				during active life and post-closure care period pursuant to ARM 17.50.1606, ARM
				17.50.1611, and ARM 17.50.1621, shall obtain financial assurance to ensure
				adequate financial resources are available for closure and post-closure
				monitoring.
(2) The financial
				assurance mechanism must comply with the requirements of ARM
				17.50.540.
AUTH: 17-10-204, MCA; IMP: 17-10-204,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1701 - APPLICABILITY AND SCOPE

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2), this subchapter applies to all facilities that compost, or use
				in a composting process, any organic solid waste that can be biologically
				decomposed, including yard and garden waste, manure, animal processing
				by-products, animal mortalities, food waste, biosolids, septage, agricultural
				waste, and clean wood waste.
(2)
				This subchapter does not apply to:
(a) on-site
				household composting;
(b) community
				garden compost operations;
(c) a
				business that accepts finished compost for bagging or handling; and
(d) composting when:
(i) compost materials include only barn and
				farm wastes that are derived from on-site agricultural operations;
				and
(ii) composting occurs at the
				site of generation or at contiguous property owned or leased by the
				generator.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1702 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following terms apply:
(1) "Active compost" means organic material
				that is undergoing rapid decomposition in a controlled process.
(2) "Aerated static pile" means a forced
				aeration method of composting in which a free-standing compost pile is aerated
				by a blower moving air through perforated pipes located beneath the
				pile.
(3) "Aerobic" has the meaning
				provided in ARM
				17.50.403.
(4) "Agricultural operations" means the
				production of plant and animal commodities, including livestock, poultry, or
				other animals.
(5) "Animal
				mortality composting" means the composting of wild animals, livestock, or
				poultry carcasses, including but not limited to: cattle (Bovinae); chicken and
				turkeys (Phasianidae); goats, sheep, and bison (Bovidae); moose, elk, and deer
				(Cervidae); and horses (Equidae).
(6) "Barn waste" has the meaning provided in
				ARM 17.50.403.
(7) "Biogas" is a
				mixture of carbon dioxide and methane produced during the composting
				process.
(8) "Biosolids" are
				nutrient-rich organic materials resulting from the treatment of domestic sewage
				in a treatment facility.
(9)
				"Community garden compost operation" means a compost operation located at a
				community garden or in a neighborhood setting that: has less than one-half acre
				of working area; accepts less than 40 cubic yards annually; and accepts only
				yard and landscape compostable materials, clean and untreated wood chips, or
				vegetable food wastes.
(10)
				"Composting" has the meaning provided in ARM 17.50.403.
(11) "Composting amendment" means an
				ingredient added to raw materials included to improve the overall
				characteristics of the compost.
(12) "Composting process" means:
(a) static pile composting process;
(b) aerated static pile windrow composting
				process;
(c) turned windrow
				composting process;
(d)
				vermicomposting;
(e) in-vessel
				compost process; or
(f) other
				processes approved by the department on a case-by-case basis for the controlled
				biologic decomposition of organic solid waste.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1703 - GENERAL LICENSE REQUIREMENTS FOR COMPOST FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				this subchapter, the department adopts and incorporates by reference:
(a) 40 CFR part 503, Appendix B - Pathogen
				Treatment Process (58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42573, Aug.
				4, 1999), which is available at
http://www.ecfr.gov/
or by contacting U.S.
				Government Publishing Office 701 North Capitol Street N.W., Washington, DC or 1
				(866) 512-1800.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1706 - MAJOR COMPOST FACILITY FINANCIAL ASSURANCE

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a major compost facility that is required to conduct ground water
				monitoring during the active life and post-closure care period, pursuant to ARM
				Title 17, chapter 50, subchapter 13 shall obtain financial assurance prior to
				commencing composting operations to ensure adequate financial resources are
				available for closure and post-closure monitoring.
(2) The financial assurance mechanism must
				comply with the requirements of ARM
				17.50.540.
(3) Compost facilities licensed under the
				provisions of ARM Title 17, chapter 50 prior to [the effective date of these
				rules] and that are required to conduct ground water monitoring must meet the
				requirements of (1) and (2) within 12 months of [the effective date of these
				rules].
AUTH:
					 75-10-204, MCA; IMP:
					 75-10-204,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1707 - APPLICATION FOR MINOR COMPOST FACILITY LICENSE

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for a minor compost facility license shall submit to the department an
				application for a license. On a form provided by the department, the applicant
				shall provide at least the following information:
(a) the name, address, and telephone number
				of each owner or operator, and of one or more persons having the authority to
				take action in the event of an emergency;
(b) the name of the compost facility, and its
				physical address, legal description, location with respect to the nearest
				inhabited area, and the mailing address if different from physical
				address;
(c) documentation of
				ownership of the property or documentation demonstrating the applicant has the
				property owner's approval to operate a minor compost facility on the
				property;
(d) latitude and
				longitude of the proposed location;
(e) site map and vicinity map, including
				facility layout and any drainages;
(f) total acreage of the proposed facility
				and the total acreage to be used for the composting process;
(g) maximum operational capacity and a
				description of the types and estimated quantities of feedstock to be composted;
				seed material or compost starter, if used; in-process compost; and finished
				compost on-site;
(h) an operation
				and maintenance plan as required by ARM 17.50.1712;
(i) a closure plan as required by ARM
				17.50.1718; and
(j) the type of
				composting process used and the final use of the finished compost.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1708 - APPLICATION FOR ANIMAL MORTALITY COMPOST FACILITY LICENSE

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for an animal mortality compost facility license shall submit to the department
				an application for a license on a form provided by the department and provide
				at least the following information:
(a) the
				names, addresses, and telephone numbers of each owner or operator, and the
				name(s) of one or more persons having the authority to take action in the event
				of an emergency;
(b) name of the
				compost facility, physical address, legal description, location with respect to
				the nearest inhabited area, and the mailing address if different from physical
				address;
(c) documentation of
				ownership of the property or documentation demonstrating the applicant has the
				property owner's approval to operate an animal mortality on the
				property;
(d) latitude and
				longitude of the proposed location;
(e) site map and vicinity map, including
				facility layout and any drainages;
(f) total acreage of the proposed facility
				and the total acreage to be used for the composting process;
(g) maximum operational capacity and a
				description of the types and estimated quantities of feedstock to be composted,
				seed material or compost starter, if used, in-process compost, and finished
				compost on-site;
(h) operation and
				maintenance plan as required by ARM 17.50.1712;
(i) closure plan as required by ARM
				17.50.1718;
(j) type of composting
				process used and the final use of the finished compost; and
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1711 - APPLICATION FOR MAJOR COMPOST FACILITY LICENSE

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for a major compost facility license shall submit to the department for
				approval an application for a license on a form provided by the department and
				provide at least the following information:
(a) names, addresses, and telephone numbers
				of each owner or operator, and one or more persons having the authority to take
				action in the event of an emergency;
(b) legal description and ownership status of
				the proposed location, including the land owner's name and address and
				documentation demonstrating that the applicant has approval to operate a major
				composting facility on the property;
(c) names, addresses, and contact information
				of abutting property owners;
(d)
				total acreage of the proposed facility and total acreage to be used for the
				composting process;
(e) a ground
				water monitoring plan or a demonstration meeting the requirements of ARM
				17.50.1303;
(f) a 1:24,000 site map that delineates
				within one mile of the proposed facility boundaries basic information
				including:
(i) surface water, potable and
				monitoring wells, wetlands, and floodplains;
(ii) residences, fences, buildings, roads,
				bridges, railroads, airports, and historic sites;
(iii) proposed buildings, fences, roads, and
				parking areas;
(iv) drainages and
				culverts;
(v) storage and loading
				facilities or areas; and
(vi)
				direction of prevailing winds;
(g) closure and post-closure care
				plans;
(h) an operation and
				maintenance plan that meets the requirements of ARM 17.50.1712.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1712 - OPERATION AND MAINTENANCE PLAN FOR COMPOST FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a compost facility regulated under this subchapter shall submit an
				operation and maintenance plan that includes the following information:
(a) description of measures to:
(i) prevent storm water flow or run-off onto
				the operation during peak discharge from a 25-year, 24-hour storm
				event;
(ii) contain and manage
				leachate generated when precipitation comes in contact with composting
				materials or feedstock;
(iii)
				control on-site and prevent offsite nuisance conditions such as noise, dust,
				odors, vectors, and windblown debris;
(iv) prevent water pollution at and beyond
				the site boundaries;
(v) control
				access to prevent unauthorized site access and illegal dumping; and
(vi) minimize nuisance odors and to reduce
				the likelihood such odors will impact receptors;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1713 - RECORDKEEPING AND ANNUAL REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a compost facility subject to the provisions of this subchapter
				shall submit to the department an annual report on a form provided by the
				department by April 1 of each year.
(2) The owner or operator of a compost
				facility shall maintain the following records on site or in a location provided
				in the application, and these records must be made available to the department
				for inspection during normal business hours:
(a) type and amount of feedstock(s) and
				bulking material(s) received, processed, and remaining on-site;
(b) amount of finished compost sold or
				distributed offsite;
(c) any ground
				or surface water quality monitoring data;
(d) compost analytical data;
(e) operational monitoring data, including
				composting time and temperature measurements according to the parameters
				outlined in the operations and maintenance plan;
(f) windrow or pile aeration data;
(g) financial assurance documentation, if
				required;
(h) operations and
				maintenance plan;
(i) closure plan;
				and
(j) any other information
				determined by the department to be necessary to protect human health and the
				environment.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1716 - SAMPLING AND ANALYSIS REQUIREMENTS FOR COMPOST FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				this subchapter, the department adopts and incorporates by reference:
(a) The United States Department of
				Agriculture Natural Resources Conservation Service Montana Operation and
				Maintenance Guide for Composting Facility (MT EFH, 4/14) available at
https://
				www.nrcs.usda.gov/wps/portal/nrcs/site/mt/home/
or by contacting NRCS
				Montana USDA Natural Resources Conservation Service, 10 East Babcock Street,
				Room 443, Bozeman, MT 59715-4704 or 1 (406) 587-6811; and
(b) US EPA Class A standard,
				40 CFR
				503.13, Table 2 which may be obtained at
https://
				www.gpo.gov/fdsys/granule/CFR-2010-title40-vol29/CFR-2010-title40-vol29-sec503-13
or by contacting the National Technical Information Service, 5301 Shawnee Road,
				Alexandria, VA 22312 or 1 (800) 553-6847.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1717 - TEMPORARY SUSPENSION OF OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a compost facility may temporarily suspend acceptance of
				compostable materials up to 180 days without having to implement a closure
				plan.
(2) An owner or operator who
				exceeds the 180-day limit provided in (1) shall:
(a) comply with the provisions in ARM
				17.50.1718; and
(b) notify the
				department that operations have been temporarily suspended if:
(i) no compostable materials will be received
				for 180 days; or
(ii) seasonal or
				weather conditions keep the effective operation of a compost facility from
				functioning according to [this subchapter].
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.17 - Compost License and Operation Standards › Rule 17.50.1718 - CLOSURE PLAN

Current through Register Vol. 13, July 5, 2024
(1) A closure plan
				must contain a description of all steps necessary to achieve closure of the
				compost facility including, but not limited to the removal, abandonment, or
				restoration of all:
(a) stored
				material;
(b) other wastes
				generated by the closure of the composting facility;
(c) work pad or lined areas;
(d) storm water control and leachate
				collection structures;
(e) ground
				water monitoring wells, if necessary, pursuant to ARM Title 17, chapter 50,
				subchapter 13;
(f) other structures
				and equipment;
(g) vegetation and
				grade that existed prior to operation; and
(h) any other steps 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 17.50.17 - Compost License and Operation Standards › Rule 17.50.1719 - POST-CLOSURE CARE AND MAINTENANCE

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a compost facility subject to the provisions of ARM Title 17,
				chapter 50, subchapter 13, shall conduct post-closure care and maintenance for
				two years, or a longer period as the department determines necessary to protect
				human health or the environment. During the post-closure care period, the owner
				or operator shall:
(a) continue to monitor
				and sample ground water or surface water, if applicable; and
(b) inspect and maintain any cover material
				or vegetation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.18 - TENORM › Rule 17.50.1801 - PURPOSE AND APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The rules in
				this subchapter are adopted by the department under Title 75, chapter 10, part
				2, MCA, The purpose of this subchapter is to establish requirements for the
				management of TENORM waste at TENORM waste management systems.
(2) This subchapter applies to each
				applicant, owner, operator, or licensee of a TENORM waste management system
				that accepts, stores, treats, recycles, recovers, disposes, or transports
				TENORM waste with a concentration of radium-226 (Ra-226) plus radium-228
				(Ra-228), excluding background radiation, equal to or greater than 5.0
				picocuries per gram (pCi/g). Wherever there is a requirement imposed on an
				owner or operator in this subchapter, the licensee also shall comply with that
				requirement.
(3) The owner or
				operator of an existing waste management system licensed to accept TENORM waste
				shall comply with these rules by 12 months after [the effective date of these
				rules].
(4) The owner or operator
				of a TENORM waste management system shall also comply with the requirements for
				a Class II solid waste management system in ARM Title 17, chapter 50,
				subchapters 4, 5, 10, 11, 12 ,13, and 14, except for ARM
				17.50.1109
				and
				17.50.1404(2)(a).
(5) A TENORM waste management system may not
				accept source material and byproduct material as defined in
				42
				USC §
										2014.
(6) This subchapter does not relieve any
				owner or operator of the obligation to comply with other applicable federal,
				state, or local requirements.
(7)
				The department incorporates by reference "Requirements for the Characterization
				of TENORM Wastes," Montana DEQ - Solid Waste Program (Revised June 2020).
				Copies of that document are available for public inspection at the Department
				of Environmental Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT
				59620-0901, or by contacting the department at (406) 444-5300.
AUTH:
					 75-10-204,
					 MCA; IMP:
					 75-10-204,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.18 - TENORM › Rule 17.50.1803 - TENORM WASTE MANAGEMENT SYSTEM LIMITS AND RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (2), the owner or
				operator of a TENORM waste management system shall ensure that:
(a) TENORM waste entering the system does not
				exceed a gate screening level of 200 microroentgen per hour (µR/hr),
				excluding background, in accordance with [17.50.1808 ](1)(b);
(b) TENORM waste entering the system does not
				exceed a concentration of 200 picocuries per gram (pCi/g) of combined radium
				Ra-226 and Ra-228 determined by the waste characterization requirements in
				[17.50.1808](1)(d);
(c) the average
				concentration in a TENORM waste unit does not exceed 50 pCi/g of combined
				radium Ra-226 and Ra-228 in accordance with [17.50.1808](1)(l); and
(d) the total effective dose equivalent
				(TEDE) contributed by the TENORM waste management system does not exceed 100
				millirem per year (mrem/y), excluding background radiation, for a hypothetical
				member of the public who is at the boundary continuously with no shielding for
				a year, as monitored in accordance with [17.50.1808](1)(m).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.18 - TENORM › Rule 17.50.1806 - TENORM WASTE MANAGEMENT SYSTEM LICENSE AND APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A person may not construct, expand, or
				operate a TENORM waste management system after [the effective date of this
				rule] without first obtaining a TENORM waste management system license from the
				department in compliance with ARM Title 17, chapter 50, subchapters 4 and 5 and
				this subchapter.
(2) An applicant
				for a TENORM waste management system license shall use the application form
				provided by the department. In addition to the information required under ARM
				17.50.508,
				the applicant shall provide the following information:
(a) a document signed by the landowner that
				grants access to the property to the department, private contractors, and the
				waste management system owner/operator to perform activities associated with
				regulation and operation of the TENORM waste management system;
(b) technical design
				specifications;
(c) construction
				plans;
(d) a detailed site plan
				that includes:
(i) information concerning any
				material that will be used to construct a liner or berm, including but not
				limited to:
(A) type, quantity, and source of
				waste to be accepted;
(B)
				compaction density;
(C) moisture
				content;
(D) design
				permeability;
(E) liner
				construction quality assurance and quality control (QA/QC) plans;
(ii) design and location of any
				proposed storage or treatment areas;
(iii) design and location of any liquid
				containment or storage structures;
(iv) design, location, and grades of any
				surface water diversion and drainage structures;
(e) an operation and maintenance plan that
				complies with [17.50.1808 ];
(f) a
				ground water monitoring plan that complies with [17.50.1811 ]; and
(g) a closure plan and a post-closure care
				plan that complies with [17.50.1812 ].
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.18 - TENORM › Rule 17.50.1807 - DESIGN CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) An application
				for a TENORM waste management system license must contain a system design that
				complies with:
(a) ARM Title 17, chapter 50,
				subchapter 10;
(b) ARM Title 17,
				chapter 50, subchapter 12; and
(c)
				requirements of the Montana Pollutant Discharge Elimination System (MPDES)
				general storm water permit approved by the department's Water Protection
				Bureau.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.18 - TENORM › Rule 17.50.1808 - OPERATION AND MAINTENANCE

Current through Register Vol. 13, July 5, 2024
(1) An application
				for a TENORM waste management system license must contain an operation and
				maintenance plan that complies with ARM Title 17, chapter 50, subchapters 5 and
				11, excluding ARM
				17.50.1109,
				and that includes:
(a) types of wastes that
				will be accepted;
(b) procedures
				and equipment that accurately measure radiation exposure that will be used for
				gate screening;
(c) procedures for
				onsite sampling and testing;
(d)
				procedures for waste characterization that:
(i) comply with "Requirements for the
				Characterization of TENORM Wastes" Montana DEQ - Solid Waste Program (Revised
				June 2020); and
(ii) state how
				results must be recorded, utilized, and maintained;
(e) documentation of exposure rates measured
				onsite at the time of delivery in accordance with [17.50.1803
				](1)(a);
(f) procedures for
				rejecting waste;
(g) procedures for
				dust monitoring and control;
(h) an
				inventory of radiation survey equipment;
(i) calibration procedures for radiation
				detection and monitoring equipment and documentation of calibration records,
				including:
(i) annual calibration for
				radiation detection and monitoring instruments done by a laboratory licensed by
				an agreement state or NRC; and
(ii)
				daily source and background check procedures for radiation detection and
				monitoring equipment, as appropriate;
(j) a radiation health and safety plan
				developed by a health physicist to provide onsite facility knowledge necessary
				to comply with the requirements of this subchapter and protect public
				health;
(k) provisions to minimize
				noise impacts on residential areas to the degree practicable through berms,
				vegetation screens, and reasonable limits on hours of operation;
(l) procedures developed by a health
				physicist for monitoring of TENORM concentrations in a TENORM waste unit. The
				operation and maintenance plan must provide that the concentrations be reported
				to the department quarterly;
(m)
				provisions developed by a health physicist for continuous monitoring of
				ionizing radiation dose at the licensed boundary. The monitoring must
				demonstrate the dose a hypothetical person would receive if the person were at
				the boundary continuously with no shielding for a year;
(n) procedures to protect the integrity of
				the liner from objects that could compromise it, such as large bulky items;
				and
(o) procedures for random
				inspections of incoming loads and rejection procedures for incoming loads that
				do not meet the acceptance criteria.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.18 - TENORM › Rule 17.50.1811 - GROUND WATER MONITORING

Current through Register Vol. 13, July 5, 2024
(1) An application
				for a TENORM waste management system license must contain a ground water
				monitoring plan that complies with ARM Title 17, chapter 50, subchapter 13; and
				contain a ground water sampling and analysis plan tailored to the types of
				TENORM waste being managed and site-specific conditions.
(2) During the active life of the waste
				management system and the closure and post-closure periods, a TENORM waste
				management system owner or operator shall have an independent qualified ground
				water scientist conduct semiannual monitoring for all constituents and
				parameters required in the ground water sampling and analysis plan and this
				rule.
(3) During the first
				semiannual monitoring event, a minimum of four independent samples must be
				collected from each background and downgradient well and analyzed in accordance
				with this rule.
(4) During
				subsequent semiannual monitoring events, a minimum of one sample must be
				collected from each background and downgradient well and analyzed in accordance
				with this rule.
(5) If the
				department determines that monitoring at an increased frequency is necessary to
				protect human health or the environment and notifies the owner or operator, the
				owner or operator shall monitor at the frequency determined by the department.
(6) The owner or operator of the
				TENORM waste management system shall monitor ground water for the constituents
				listed in ARM
				17.50.1306
				for Class II and Class IV landfills, the constituents in Table 1 of this rule,
				and any other constituent for which the department determines monitoring is
				necessary to protect public health or the environment.
Table 1
Ground Water Monitoring Constituents
Regulated Radionuclide
Exceedance Concentrations Above Background
							 Radiation
Gross alpha (excluding uranium and radon)
15 pCi/L
Combined Ra-226 and Ra-228
5 pCi/L
Uranium
30 micrograms per liter (µg/L)
(7)
				If monitoring detects results in an exceedance for any constituent identified
				in the ground water sampling and analysis plan and this rule, the owner or
				operator of the TENORM waste management system shall implement an assessment
				monitoring program and take corrective action under ARM Title 17, chapter 50,
				subchapter 13.
AUTH:
					 75-10-204,
					 MCA; IMP:
					 75-10-204,
					 75-10-207,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.18 - TENORM › Rule 17.50.1812 - CLOSURE AND POST-CLOSURE CARE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An application for a TENORM waste
				management system license must contain closure and post-closure plans that
				comply with ARM Title 17, chapter 50, subchapter 14, except for ARM
				17.50.1404(2)(a),
				and that include:
(a) an estimated timeline
				and methods for closure and post-closure;
(b) procedures for removal of any remaining
				TENORM wastes that have not been disposed of, and final disposal
				location;
(c) procedures for
				equipment removal, including any necessary equipment decontamination and
				remediation procedures, and final disposal that is protective of human health
				and the environment;
(d) closure of
				site buildings and appurtenances;
(e) a process for soil sampling and analysis
				to identify potential areas of soil contaminated by system
				operations;
(f) procedures for
				excavation and removal or remediation of stained or contaminated soil, with
				confirmation sampling procedures and analysis to demonstrate that human health
				and the environment is being protected; and
(g) a proposed final closure date.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.18 - TENORM › Rule 17.50.1813 - FINANCIAL ASSURANCE

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a TENORM waste management system shall comply with the requirements
				of ARM
				17.50.540
				concerning financial assurance for Class II landfills.
AUTH:
					 75-10-204,
					 MCA; IMP:
					 75-10-204,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.18 - TENORM › Rule 17.50.1816 - TENORM SPILL REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A
				person who transports TENORM waste for processing or disposal shall comply with
				this rule.
(2) A person who
				transports TENORM waste shall comply with ARM
				17.50.523.
(3) A person who spills TENORM waste shall,
				as soon as practicable but in no case later than 24 hours after the spill
				occurs, report the spill to the Montana Disaster and Emergency Services at
				(406) 324-4777 and to the county coordinator of disaster and emergency services
				for the county where the spill occurs..
(4) Notification to the National Response
				Center may be required by other authority. The National Response Center may be
				reached at 800-424-8802.
(5)
				Nothing in this subchapter excuses compliance with permits, rules, or
				regulations of other state, local, or federal agencies.
(6) A person who spills one cubic yard or
				more of TENORM waste shall properly and expeditiously manage, contain, and
				remove all spills of TENORM wastes.
AUTH:
					 75-10-204,
					 MCA; IMP:
					 75-10-204,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.1 - General Provisions › Rule 17.53.101 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of the rules in this chapter
				is to provide for the control of all hazardous wastes that are generated
				within, or transported to Montana for the purposes of storage, treatment, and
				disposal or for the purposes of resource conservation or recovery.
(2) The rules in this chapter are adopted to
				discharge the department's responsibilities under Title 75, chapter 10, part 4,
				Montana Code Annotated (MCA), the Montana Hazardous Waste Act (Act), by
				establishing a management control system including permitting which assures the
				safe and proper management of hazardous wastes from the moment of their
				generation through each stage of management until their ultimate destruction or
				disposal.
75-10-404,
					 75-10-405, MCA; IMP,
					 75-10-405,
					 75-10-406,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.1 - General Provisions › Rule 17.53.102 - SCOPE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) In the
				Administrative Rules of Montana (ARM) the terms "waste" and "solid waste" are
				used differently than in regulations promulgated by the U.S. Environmental
				Protection Agency (EPA). EPA uses the term "solid waste" to mean all waste
				materials subject to the Resource Conservation and Recovery Act (RCRA). In the
				ARM, the term "waste" means all waste materials subject to RCRA. EPA uses the
				term "non-hazardous solid waste" to indicate those "solid waste" materials that
				are not covered under EPA's hazardous waste regulations. In the ARM, the term
				"solid waste" refers only to non-hazardous wastes. Therefore, "solid waste" and
				"hazardous waste" are mutually exclusive terms in the ARM and refer to the two
				subsets of all "waste" materials.
(a)
				Hazardous wastes are regulated under this chapter; and
(b) Solid wastes are regulated under ARM
				Title 17, chapter 50, subchapter 5 entitled "Refuse Disposal".