Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.8 - Cesspool, Septic Tank, and Privy Cleaners › Rule 17.50.814 - CAR WASH SUMPS AND OTHER SUMP WASTES

Current through Register Vol. 13, July 5, 2024
(1) A
				person may not remove or dispose of waste from a car wash sump or other sump
				unless the person is licensed by the department or is an owner, operator, or
				employee of the facility. The use of contract labor is prohibited unless the
				person performing the labor is licensed under this subchapter.
(2) A person may not use rental equipment to
				pump a car wash sump or other sump unless the person is licensed by the
				department or is the owner, operator, or employee of the facility.
(3) A person may not pump or dispose of
				wastes from any type of sump other than a car wash sump unless the person has
				first applied to the department and received its approval. On receipt of such
				an application, the department shall conduct a case-by-case evaluation to
				determine acceptable waste management strategies. The department shall consider
				the source of the waste and the possible constituents when making the
				determination.
(4) Waste from an
				automatic car wash bay sump may be used as clean fill or, if dewatered, as
				cover at landfills.
(5) Sump
				pumpings from attended car wash bays that prohibit the use of chlorinated
				solvents and are free from visible oil and grease may, if the owner provides
				the pumper with a written statement that the material is solvent-free, be used
				as clean fill or, if dewatered, as daily or intermediate landfill
				cover.
(6) Sump pumpings from an
				attended car wash bay that contain visible oil or grease may be landfarmed in
				accordance with applicable department rules at a licensed landfarm facility or,
				if dewatered, disposed of at a licensed Class II landfill with the operator's
				permission.
(7) Sump pumpings from
				an attended car wash bay that do not prohibit the use of chlorinated solvents
				must be handled in the same manner as an unattended car wash bay
				sump.
(8) Sump pumpings from an
				unattended car wash bay must be visually examined for oil and grease and
				screened for chlorinated solvents or the owner must provide the pumper with a
				statement concerning the solvent-free status of the material. Screening may be
				done with commercially available field kits and test strips.
(9)Sump pumpings from an unattended car wash
				bay that do not contain visible oil or grease and are known to be free of
				chlorinated solvents, either by testing or knowledge of the material, may be
				used as clean fill or, if dewatered, as daily or intermediate landfill
				cover.
(10) Sump pumpings from an
				unattended car wash bay that contain visible oil or grease, but pass the
				chlorinated solvent screening or are excluded from the screening requirement by
				the owner's knowledge of the material, may be landfarmed in accordance with
				applicable department rules at a licensed landfarm facility or, if dewatered,
				disposed of at a licensed Class II landfill with the landfill operator's
				permission.
(11) Sump pumpings that
				fail the chlorinated solvents screening test or cannot be excluded from the
				test by the owner's knowledge of the material, must be tested for volatile
				organic compounds (VOCs) by a method capable of detecting and quantifying at
				least one part per billion VOCs in the waste, screened for petroleum
				hydrocarbons by a method capable of detecting at least one part per million
				hydrocarbons, and tested for total chromium, lead, zinc, and cadmium content by
				a method capable of detecting and quantifying at least one part per million of
				each element. If free of contaminants above department action levels, the sump
				pumpings may be used as clean fill or, if dewatered, as daily or intermediate
				cover at landfills. If contamination is detected above action levels, the
				operator shall notify the department, and the department shall specify further
				testing requirements and waste disposal options.
(12) Wastes removed from unattended car wash
				sumps that must undergo further testing must be stored in a manner to prevent
				contamination of the environment until the operator receives testing results
				and disposes of the wastes. For example, storage may be in lined ponds, holding
				tanks, or concrete bins.
(13) A
				pumper shall retain all testing results for five years and make them available
				to the department upon request.
(14) Operators of facilities receiving sump
				waste may, before accepting waste, require additional testing.
75-10-204,
					 75-10-1202, MCA; IMP,
					 75-10-112,
					 75-10-204,
					 75-10-1202,
					 MCA;