reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1117 - OPERATING CRITERIA FOR CLASS III LANDFILL UNITS

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of a Class III
				landfill unit:
(a) may accept only Group III
				wastes;
(b) shall cover the wastes
				at least every three months with not less than six inches of a
				department-approved cover soil;
(c)
				may not place bulk or noncontainerized liquid waste in the unit;
(d) shall comply, to the same extent required
				of a Class II landfill unit, with:
(i) ARM
				17.50.1107, pertaining to air
				quality;
(ii) ARM
				17.50.1108, pertaining to access;
				and
(iii) ARM
				17.50.1109, pertaining to run-on
				control systems;
(e)
				shall, if the unit has been licensed for the sole or primary purpose of
				storage, treatment, processing, or disposal of waste tires, comply with the
				recordkeeping requirements of ARM
				17.50.1112, the general
				requirements of
				75-10-250, MCA, and the financial
				assurance requirements of
				75-10-216, MCA; and
(f) shall comply with the requirements of ARM
				17.50.1113, concerning a deed
				notation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.11 - Landfill Operating Criteria › Rule 17.50.1118 - OPERATING CRITERIA FOR CLASS IV LANDFILL UNITS

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of a Class IV
				landfill unit:
(a) shall control litter,
				odor, wastewater, and leachate;
(b)
				shall apply an approved cover at least every three months unless more frequent
				cover is needed to control litter or minimize leachate;
(c) may not accept liquid paints, solvents,
				glues, resins, dyes, oils, pesticides, putrescible organic materials, or any
				other household hazardous wastes. If these wastes have not been removed from
				buildings prior to demolition, the owner or operator of a Class IV landfill
				unit may not accept the wastes as demolition waste;
(d) shall provide cost estimates and
				financial assurance for closure and post-closure care to the same extent as
				required for a Class II landfill unit in ARM
				17.50.540; and
(e) shall comply with the requirements of ARM
				17.50.1113 concerning a deed
				notation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.12 - Landfill Design Criteria › Rule 17.50.1201 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) All applicants,
				licensees, owners, and operators of solid waste management systems and
				facilities shall comply with this subchapter, except as otherwise specifically
				provided in this subchapter. Wherever there is a requirement imposed on an
				owner or operator in this subchapter, the licensee also shall comply with that
				requirement.
(2) Whenever a person,
				including an applicant or owner or operator, is required by this subchapter to
				submit a document for department approval of an action, the person may not take
				that action unless the person first submits a document containing all
				information necessary for the department to determine whether the action
				complies with the requirements of this subchapter and obtains department
				approval.
(3) When authorized by a
				court order or an agreement between the department and a landowner on whose
				property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter
				has occurred, the department may act, either directly or through a third party,
				to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or
				this subchapter.
(4) Whenever the
				department determines under this subchapter that any information, submittal,
				plan, factor, procedure, condition, criterion, requirement, or change is
				necessary to protect human health or the environment, it shall mail
				notification of the determination to the appropriate applicant, owner,
				operator, or licensee.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.12 - Landfill Design Criteria › Rule 17.50.1202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following definitions apply:
(1) "Active life" has the meaning given in
				ARM 17.50.502.
(2) "Class II landfill facility" has the
				meaning given in ARM
				17.50.504.
(3) "Class IV landfill facility" has the
				meaning given in ARM 17.50.504.
(4)
				"Closure" has the meaning given in ARM 17.50.502.
(5) "Composite liner" means a system
				consisting of two components. The upper component must consist of a minimum
				30-mil flexible membrane liner (FML), and the lower component must consist of
				at least a two-foot layer of compacted soil with a hydraulic conductivity of no
				more than 1×215;10-7 cm/sec. FML components
				consisting of high density polyethylene (HDPE) must be at least 60-mil thick.
				The FML component must be installed in direct and uniform contact with the
				compacted soil component.
(6)
				"Department" has the meaning given in ARM 17.50.502.
(7) "Existing," when used in conjunction with
				"unit" or a type of unit, has the meaning given in ARM 17.50.502.
(8) "Facility" has the meaning given in ARM
				17.50.502.
(9) "Ground water" has
				the meaning given in ARM 17.50.502.
(10) "Landfill" has the meaning given in ARM
				17.50.502.
(11) "Lateral expansion"
				has the meaning given in ARM 17.50.502.
(12) "Leachate" has the meaning given in ARM
				17.50.502.
(13) "Leachate
				collection system" means an engineered structure, designed to collect leachate,
				that is located above a liner and below the waste in a landfill unit.
(14) "Leachate removal system" means an
				engineered structure that allows for the removal of leachate from a landfill
				unit. A leachate removal system may be, but is not necessarily, used in
				conjunction with a leachate collection system.
(15) "New," when used in conjunction with
				"unit" or a type of unit, has the meaning given in ARM 17.50.502.
(16) "Operator" has the meaning given in ARM
				17.50.502.
(17) "Owner" has the
				meaning given in ARM 17.50.502.
(18) "Remediation" means the act of reducing
				contamination to a level that is protective of human health and the
				environment.
(19) "Underground
				drinking water source" means:
(a) an aquifer
				supplying drinking water for human consumption; or
(b) an aquifer in which the ground water
				contains less than 10,000 mg/L total dissolved solids.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.12 - Landfill Design Criteria › Rule 17.50.1203 - SMALL COMMUNITY EXEMPTION

Current through Register Vol. 13, July 5, 2024
(1) The
				owner or operator of a new Class II or Class IV landfill unit, existing Class
				II or Class IV landfill unit, or lateral expansion of an existing Class II or
				Class IV landfill unit, that disposes of less than 20 tons of municipal solid
				waste daily, based on an annual average, is exempt from ARM Title 17, chapter
				50, subchapters 12 and 13, if there is no evidence of ground water
				contamination from that unit, or lateral expansion of an existing Class II or
				Class IV landfill unit, and the unit, or lateral expansion of an existing Class
				II or Class IV landfill unit, serves:
(a) a
				community that experiences an annual interruption of at least three consecutive
				months of surface transportation that prevents access to a regional waste
				management facility; or
(b) a
				community that has no practicable waste management alternative and the landfill
				unit is located in an area that annually receives no more than 25 inches of
				precipitation. For the purposes of this rule, the lack of a practicable waste
				management alternative may be demonstrated by the following:
(i) there is no access to a licensed Class II
				landfill facility within 100 miles of the community; and
(ii) the cost per household of using an
				alternative disposal method, and the cost per household of complying with the
				requirements for landfill design and operation, distributed over the estimated
				active life of the landfill, will each exceed on an annual basis 1% of the
				median household income for the service area.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.12 - Landfill Design Criteria › Rule 17.50.1204 - DESIGN CRITERIA - CLASS II AND CLASS IV LANDFILL UNITS

Current through Register Vol. 13, July 5, 2024
(1) An owner or operator of a new Class II or
				Class IV landfill unit, or a lateral expansion of an existing Class II or Class
				IV landfill unit, may construct it only if the owner or operator has obtained
				department approval of a design that either:
(a) ensures that the concentration values
				listed in Table 1 of this rule will not be exceeded at the relevant point of
				compliance, as specified by the department:
(i) for a Class II landfill unit, in the
				uppermost aquifer; or
(ii) for a
				Class IV landfill unit, in an underground drinking water source; or
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.12 - Landfill Design Criteria › Rule 17.50.1205 - ADDITIONAL DESIGN CRITERIA - CLASS II AND CLASS IV LANDFILL UNITS

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of a new Class II
				or Class IV landfill unit, or lateral expansion of an existing Class II or
				Class IV landfill unit, also shall comply with the following design criteria
				and exceptions:
(a) a leachate collection
				system is not required for a landfill unit that has obtained department
				approval of a demonstration, pursuant to ARM
				17.50.1303(2),
				that there is no potential for migration of a constituent in Appendix I or II
				to 40 CFR Part 258 (July 1, 2008) pursuant to ARM Title 17, chapter 50,
				subchapter 13; and
(b) a liner is
				not required for a Class IV landfill unit located within the approved ground
				water monitoring network of a licensed Class II landfill facility.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1301 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) All applicants,
				licensees, owners, and operators of solid waste management systems and
				facilities shall comply with this subchapter, except as otherwise specifically
				provided in this subchapter. Wherever there is a requirement imposed on an
				owner or operator in this subchapter, the licensee also shall comply with that
				requirement.
(2) Whenever a person,
				including an applicant or owner or operator, is required by this subchapter to
				submit a document for department approval of an action, the person may not take
				that action unless the person first submits a document containing all
				information necessary for the department to determine whether the action
				complies with the requirements of this subchapter and obtains department
				approval.
(3) When authorized by a
				court order or an agreement between the department and a landowner on whose
				property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter
				has occurred, the department may act, either directly or through a third party,
				to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or
				this subchapter.
(4) Whenever the
				department determines under this subchapter that any information, submittal,
				plan, factor, procedure, condition, criterion, requirement, or change is
				necessary to protect human health or the environment, it shall mail
				notification of the determination to the appropriate applicant, owner,
				operator, or licensee.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following definitions apply:
(1) "Appendix I to 40 CFR Part 258" means the
				appendix from the July 1, 2008, Code of Federal Regulations, as set forth in
				ARM 17.50.1306.
(2) "Appendix II to 40 CFR Part 258" means
				the appendix from the July 1, 2008, Code of Federal Regulations, as set forth
				in ARM 17.50.1307.
(3) "Aquifer" has the meaning given in ARM
				17.50.1002.
(4) "Class II landfill facility" has the
				meaning given in ARM
				17.50.504.
(5) "Class IV landfill facility" has the
				meaning given in ARM 17.50.504.
(6)
				"Closure" has the meaning given in ARM
				17.50.502.
(7) "Department" has the meaning given in ARM
				17.50.502.
(8) "Disposal" has the
				meaning given in
				75-10-203(3),
				MCA.
(9) "Existing," when used in
				conjunction with "unit" or a type of unit, has the meaning given in ARM
				17.50.502.
(10) "Facility" has the
				meaning given in ARM 17.50.502.
(11) "Ground water" has the meaning given in
				ARM 17.50.502.
(12) "Landfill" has
				the meaning given in ARM 17.50.502.
(13) "Lateral expansion" has the meaning
				given in ARM 17.50.502.
(14) "New,"
				when used in conjunction with "unit" or a type of unit, has the meaning given
				in ARM 17.50.502.
(15) "Operator"
				has the meaning given in ARM 17.50.502.
(16) "Owner" has the meaning given in ARM
				17.50.502.
(17) "Post-closure care"
				has the meaning given in ARM 17.50.502.
(18) "Qualified ground water scientist" means
				a scientist or engineer who has received a baccalaureate or post-graduate
				degree in the natural sciences or engineering and has sufficient training and
				experience in ground water hydrology and related fields, as may be demonstrated
				by state registration, professional certifications, or completion of accredited
				university programs, that enable that individual to make sound professional
				judgments regarding ground water monitoring, contaminant fate and transport,
				and corrective action.
(19)
				"Saturated zone" means that part of the earth's crust in which all voids are
				filled with water.
(20) "Sludge"
				means any solid, semi-solid, or liquid waste generated from a municipal,
				commercial, or industrial wastewater treatment plant, water supply treatment
				plant, or air pollution control facility, exclusive of the treated effluent
				from a wastewater treatment plant.
(21) "Underground drinking water source"
				means:
(a) an aquifer supplying drinking
				water for human consumption; or
(b)
				an aquifer in which the ground water contains less than 10,000 mg/L total
				dissolved solids.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1303 - APPLICABILITY OF LANDFILL GROUND WATER MONITORING AND CORRECTIVE ACTION

Current through Register Vol. 13, July 5, 2024
(1) The requirements in this subchapter apply
				to Class II and Class IV landfill units, except as provided in (2).
(2) Ground water monitoring requirements
				under ARM 17.50.1304 through
				17.50.1307 for a Class II or Class
				IV landfill unit may be suspended by the department if the owner or operator
				submits, and obtains department approval for, a demonstration that there is no
				potential for migration of a constituent in Appendix I or II to 40 CFR Part 258
				(July 1, 2008) from that Class II or Class IV landfill unit to the uppermost
				aquifer or underground drinking water source, as required in ARM
				17.50.1204, during the active life
				of the unit and the post-closure care period. This demonstration must be
				certified by a qualified ground water scientist, and must be based upon:
(a) site-specific field collected
				measurements, sampling, and analysis of physical, chemical, and biological
				processes affecting contaminant fate and transport; and
(b) contaminant fate and transport
				predictions that maximize contaminant migration and consider impacts on human
				health and environment.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1304 - GROUND WATER MONITORING SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) An
				owner or operator required to monitor under this subchapter shall install a
				ground water monitoring system that consists of a sufficient number of wells,
				installed at appropriate locations and depths, to yield ground water samples
				from the uppermost aquifer, or underground drinking water source, as required
				in ARM 17.50.1204, that:
(a) represent the quality of background
				ground water that has not been affected by leakage from a unit. A determination
				of background quality may include sampling of wells that are not hydraulically
				upgradient of the waste management area when:
(i) hydrogeologic conditions do not allow the
				owner or operator to determine the wells that are hydraulically upgradient;
				or
(ii) sampling at other wells
				will provide an indication of background ground water quality that is as
				representative or more representative than that provided by the upgradient
				wells; and
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1305 - GROUND WATER SAMPLING AND ANALYSIS REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An owner or operator required to monitor
				ground water under this subchapter shall implement a ground water monitoring
				program that includes consistent sampling and analysis procedures that are
				designed to ensure monitoring results that provide an accurate representation
				of ground water quality at the background and downgradient wells installed in
				compliance with ARM
				17.50.1304(1).
				The owner or operator shall submit to the department for approval a sampling
				and analysis plan that documents sampling and analysis procedures and
				techniques for:
(a) sample
				collection;
(b) sample preservation
				and shipment;
(c) analytical
				procedures;
(d) chain of custody
				control; and
(e) quality assurance
				and quality control.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1306 - DETECTION MONITORING PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The
				owner or operator of a Class II or Class IV landfill unit shall conduct
				detection monitoring for the unit at all ground water monitoring wells defined
				under ARM 17.50.1304(1)(a) and
				(b). At a minimum, that detection monitoring
				must include monitoring for each constituent in Appendix I to 40 CFR Part 258
				(July 1, 2008), set forth below, unless exempted in (2), and each parameter in
				any alternative list established under (3) for which the department has mailed
				notification to the owner or operator.
(2) The department may exempt an owner or
				operator of a Class II or Class IV landfill unit from monitoring a constituent
				in Appendix I to 40 CFR Part 258 (July 1, 2008) if the owner or operator makes
				a written demonstration, approved by the department, that the exempted
				constituent is not reasonably expected to be in, or derived from, the waste
				contained in the unit.
(3) The
				department may establish an alternative list of inorganic indicator parameters
				for a Class II or Class IV landfill unit, in lieu of some or all of the heavy
				metals that comprise constituents 1 through 15 in Appendix I to 40 CFR Part 258
				(July 1, 2008), if the department determines that the parameters in the
				alternative list provide a reliable indication of inorganic releases from the
				Class II or Class IV landfill unit to the ground water. In determining
				parameters in the alternative list, the department shall consider the following
				factors:
(a) the types, quantities, and
				concentrations of constituents in wastes managed at the Class II or Class IV
				landfill unit;
(b) the mobility,
				stability, and persistence of waste constituents or their reaction products in
				the unsaturated zone beneath the Class II or Class IV landfill unit;
(c) the detectability of indicator
				parameters, waste constituents, and reaction products in the ground water;
				and
(d) the concentration or values
				and coefficients of variation of indicator parameters or constituents in the
				background ground water.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1307 - ASSESSMENT MONITORING PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) An
				owner or operator of a Class II or Class IV landfill unit shall conduct
				assessment monitoring at that unit as required in ARM
				17.50.1306 and this
				rule.
(2) Within 90 days after
				being required by ARM
				17.50.1306 to establish an
				assessment monitoring program, and annually thereafter, the owner or operator
				shall sample and analyze the ground water for all constituents identified in
				Appendix II to 40 CFR Part 258 (July 1, 2008), set forth below. A minimum of
				one sample from each downgradient well must be collected and analyzed during
				each sampling event. For any constituent detected in the downgradient wells as
				a result of monitoring of all constituents in Appendix II to 40 CFR Part 258
				(July 1, 2008), a minimum of four independent samples from each background and
				downgradient well must be collected and analyzed to establish background for
				the constituent. The owner or operator shall conduct assessment monitoring for
				constituents in Appendix II to 40 CFR Part 258 (July 1, 2008) for any subset of
				wells specified by the department. The department may exempt an owner or
				operator of a Class II or Class IV landfill unit from monitoring a constituent
				in Appendix II to 40 CFR Part 258 (July 1, 2008) if the owner or operator makes
				a written demonstration, approved by the department, that the exempted
				constituent is not reasonably expected to be in, or derived from, the waste
				contained in the unit.
(3) The
				department may specify, and an owner or operator shall comply with, an
				appropriate alternate frequency for repeated sampling and analysis of the
				constituents in Appendix II to 40 CFR Part 258 (July 1, 2008) required by (2),
				during the active life and closure and post-closure care periods of the unit,
				considering the following factors:
(a)
				lithology of the aquifer and unsaturated zone;
(b) hydraulic conductivity of the aquifer and
				unsaturated zone;
(c) ground water
				flow rates;
(d) minimum distance
				between upgradient edge of the Class II or Class IV landfill unit and
				downgradient monitoring well screen (minimum distance of travel);
(e) resource value of the aquifer;
				and
(f) nature (fate and transport)
				of any constituents detected by monitoring required by this rule.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1308 - ASSESSMENT OF CORRECTIVE MEASURES

Current through Register Vol. 13, July 5, 2024
(1) Within
				90 days after a determination is made pursuant to ARM
				17.50.1307 that a constituent
				listed in Appendix II to 40 CFR Part 258 (July 1, 2008) has been detected at a
				statistically significant level exceeding the ground water protection standards
				defined under ARM
				17.50.1307(8),
				the owner or operator of a facility shall:
(a) initiate an assessment of corrective
				measures; and
(b) submit to the
				department for approval an assessment of corrective measures that addresses the
				criteria listed in (3).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1309 - SELECTION OF REMEDY

Current through Register Vol. 13, July 5, 2024
(1) Based on the
				results of a corrective measures assessment conducted under ARM
				17.50.1308, the owner or operator
				of a facility shall:
(a) select a remedy
				that, at a minimum, meets the standards listed in (2);
(b) submit to the department for approval,
				within 90 days after the date of the department's approval of the assessment of
				corrective measures required in ARM
				17.50.1308(1), a
				selected remedy report describing how the selected remedy would meet the
				standards in (2) through (4), and how it would be implemented;
(c) submit design plans for the selected
				remedy, and construction quality control (CQC) and construction quality
				assurance (CQA) plans to the same extent required in ARM
				17.50.1205; and
(d) notify the department, within 14 days
				after obtaining department approval of the selected remedy report, that the
				selected remedy report, design plans, and CQC and CQA plans have been placed in
				the operating record.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1310 - IMPLEMENTATION OF THE CORRECTIVE ACTION PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) Based on the schedule established under
				ARM 17.50.1309(4) for
				initiation and completion of remedial activities, an owner or operator required
				byARM 17.50.1309 to select a remedy
				shall:
(a) submit for department approval,
				and if approved, establish and implement, a corrective action ground water
				monitoring program that:
(i) at a minimum,
				meets the requirements of an assessment monitoring program under ARM
				17.50.1307;
(ii) indicates the effectiveness of the
				corrective action remedy; and
(iii)
				demonstrates compliance with the ground water protection standard pursuant to
				(5);
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1311 - HYDROGEOLOGIC AND SOILS CHARACTERIZATION

Current through Register Vol. 13, July 5, 2024
(1)
				The owner or operator of a facility required to monitor ground water shall
				prepare a site-specific hydrogeologic and soils report, pursuant to (2), for
				the facility. The following criteria and exceptions also apply:
(a) The owner or operator of a Class IV
				landfill unit located within the ground water monitoring network of a licensed
				Class II landfill is not required to submit a hydrogeologic and soils
				report;
(b) The owner or operator
				of an existing facility or lateral expansion required to monitor ground water
				under this rule shall submit to the department for approval a hydrogeologic and
				soils work plan that describes the proposed sampling, analysis, and collection
				methods for the data required in (2), within the following time frames:
(i) draft work plan(s) must be submitted
				within 90 days after the department mails a notification to applicant that a
				hydrogeologic and soils report is required;
(ii) revised work plan(s) must be submitted
				within 30 days after the department comments are mailed to the applicant;
				and
(iii) final hydrogeologic and
				soils reports must be submitted within 180 days after the department's approval
				of the work plan is mailed by the department to the applicant.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.13 - Ground Water Monitoring and Corrective Action › Rule 17.50.1312 - MONITORING WELL ABANDONMENT

Current through Register Vol. 13, July 5, 2024
(1) The owner
				or operator of a solid waste management facility shall:
(a) completely seal all abandoned borings,
				water supply wells, and monitoring wells with grout or bentonite to prevent
				future contamination of ground water. The sealing materials must be continuous,
				physically and chemically stable, and have a hydraulic conductivity of less
				than 1 x 10-5cm/sec;
(b) immediately abandon, after drilling and
				completion of soil testing, all boreholes not completed as a monitoring well,
				piezometer, or water supply well;
(c) for any borehole deeper than the well to
				be placed in it, seal with bentonite pellets or a bentonite slurry the portions
				of the borehole below the well screen; and
(d) conduct all abandonment activities in
				accordance with ARM
				36.21.670 through
				36.21.678 and
				36.21.810.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.14 - Closure and Post-Closure Care › Rule 17.50.1401 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) All applicants,
				licensees, owners, and operators of solid waste management systems and
				facilities shall comply with this subchapter, except as otherwise specifically
				provided in this subchapter. Wherever there is a requirement imposed on an
				owner or operator in this subchapter, the licensee also shall comply with that
				requirement.
(2) Whenever a person,
				including an applicant or owner or operator, is required by this subchapter to
				submit a document for department approval of an action, the person may not take
				that action unless the person first submits a document containing all
				information necessary for the department to determine whether the action
				complies with the requirements of this subchapter and obtains department
				approval.
(3) When authorized by a
				court order or an agreement between the department and a landowner on whose
				property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter
				has occurred, the department may act, either directly or through a third party,
				to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or
				this subchapter.
(4) Whenever the
				department determines under this subchapter that any information, submittal,
				plan, factor, procedure, condition, criterion, requirement, or change is
				necessary to protect human health or the environment, it shall mail
				notification of the determination to the appropriate applicant, owner,
				operator, or licensee.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.14 - Closure and Post-Closure Care › Rule 17.50.1402 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following definitions apply:
(1) "Active life" has the meaning given in
				ARM 17.50.502.
(2) "Class II landfill facility" has the
				meaning given in ARM
				17.50.504.
(3) "Class III landfill facility" has the
				meaning given in ARM 17.50.504.
(4)
				"Class IV landfill facility" has the meaning given in ARM 17.50.504.
(5) "Closure" has the meaning given in ARM
				17.50.502.
(6) "Department" has the
				meaning given in ARM 17.50.502.
(7)
				"Existing," when used in conjunction with "unit" or a type of unit, has the
				meaning given in ARM 17.50.502.
(8)
				"Facility" has the meaning given in ARM 17.50.502.
(9) "Ground water" has the meaning given in
				ARM 17.50.502.
(10) "Landfill" has
				the meaning given in ARM 17.50.502.
(11) "Lateral expansion" has the meaning
				given in ARM 17.50.502.
(12)
				"Leachate" has the meaning given in ARM 17.50.502.
(13) "Operator" has the meaning given in ARM
				17.50.502.
(14) "Owner" has the
				meaning given in ARM 17.50.502.
(15) "Post-closure care" has the meaning
				given in ARM 17.50.502.
(16) "Unit"
				has the meaning given in ARM 17.50.502.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.14 - Closure and Post-Closure Care › Rule 17.50.1403 - CLOSURE CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a Class II or Class IV landfill unit shall install a final cover
				system that is designed to minimize infiltration and erosion. The final cover
				system must be designed and constructed to:
(a) have a permeability no greater than to
				the permeability of any bottom liner system or natural subsoils present, or a
				permeability no greater than 1x10-5 cm/sec,
				whichever is less;
(b) minimize
				infiltration through the closed Class II or Class IV landfill unit by the use
				of an infiltration layer that contains at least 18 inches of earthen material;
				and
(c) minimize erosion of the
				final cover by the use of an erosion layer that contains at least six inches of
				earthen material that is capable of sustaining native plant growth.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.14 - Closure and Post-Closure Care › Rule 17.50.1404 - POST-CLOSURE CARE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Following closure of a Class II or Class IV landfill unit, the owner or
				operator shall conduct post-closure care. Post-closure care must be conducted
				for 30 years, except as provided under (2), and consist of at least the
				following:
(a) maintaining the integrity and
				effectiveness of any final cover, including making repairs to the cover as
				necessary to correct the effects of settlement, subsidence, erosion, or other
				events, and preventing run-on and run-off from eroding or otherwise damaging
				the final cover;
(b) maintaining
				and operating the leachate collection and removal system in accordance with the
				requirements in ARM
				17.50.1204, if applicable. The
				department may allow the owner or operator to stop managing leachate if the
				owner or operator submits to the department for approval a demonstration that
				leachate no longer poses a threat to human health and the
				environment;
(c) monitoring the
				ground water in accordance with the requirements of ARM Title 17, chapter 50,
				subchapter 13, and maintaining the ground water monitoring system, if
				applicable; and
(d) maintaining and
				operating the gas monitoring system in accordance with the requirements of ARM
				17.50.1106.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.14 - Closure and Post-Closure Care › Rule 17.50.1405 - CLOSURE AND POST-CLOSURE CARE REQUIREMENTS FOR CLASS III LANDFILL UNITS

Current through Register Vol. 13, July 5, 2024
(1) A Class III landfill unit closure plan
				required under ARM
				17.50.508 must include, at a
				minimum:
(a) procedures for construction of
				two feet of final cover and placement of six inches of top soil;
(b) procedures for grading and seeding to
				prevent erosion; and
(c) the deed
				notation specified in ARM
				17.50.1113, unless all wastes are
				removed from the landfill unit and the owner or operator of a facility receives
				approval from the department to remove the notation from the deed.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.15 - Infectious Waste › Rule 17.50.1501 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				provide uniform standards for the inspection, transportation, storage, and
				management, including, but not limited to, treatment and disposal, of
				infectious waste as defined in
				75-10-1003, MCA, for the
				protection of human health and the environment.
(2) This subchapter does not apply to:
(a) the generation of infectious waste or to
				storage and transportation of infectious waste regulated under
				75-10-1006, MCA; or
(b) the generation of infectious waste by a
				household.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.15 - Infectious Waste › Rule 17.50.1502 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions
				  apply:
(1) "Biohazard bag" or "red
				bag" means a bag marked with a biohazard symbol that meets the requirements of
				U.S. Department of Labor, Occupational Safety and Health Administration (OSHA)
				29 CFR
				1910.1030 (g)(1)(ii). The biohazard bag must
				be moisture-proof, disposable, and of a strength sufficient to prevent ripping,
				tearing, or bursting under normal conditions of use.
(2) "Department" means the Department of
				Environmental Quality established in
				2-15-3501, MCA.
(3) "Inactivate" means to cause the death of
				an infectious agent.
(4)
				"Infectious waste" has the meaning given in
				75-10-1003, MCA.
(5) "Management" means the storage,
				treatment, or disposal of infectious waste.
(6) "Noninfectious waste" means treated
				infectious waste or any waste other than infectious waste.
(7) "Person" has the meaning given in
				75-10-1003, MCA.
(8) "Storage" means the short-term
				containment of infectious waste, prior to treatment, for no longer than 90
				days.
(9) "Transport" or
				"transportation" has the meaning given in
				75-10-1003, MCA.
(10) "Transporter" means a person who
				transports, or engages in transportation or storage of, infectious waste or
				treated infectious waste.
(11)
				"Vehicle" means any vehicle, including a truck and trailer or tractor-trailer
				combination.
75-10-204,
					 75-10-208, MCA; IMP,
					 75-10-1004,
					 75-10-1005,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.15 - Infectious Waste › Rule 17.50.1503 - TRANSPORTER AND STORAGE FACILITY OPERATOR REGISTRATION, DEPARTMENT REVIEW, AND ANNUAL RENEWAL

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (4), a transporter must register with the department, on a form
				provided by the department, on or before January 1, 2014, for transporters
				engaged in transportation or storage on October 18, 2013, and for all other
				transporters, prior to engaging in transportation, and demonstrate that the
				person is able to meet the requirements of this subchapter by submitting an
				application for registration that contains the following information:
(a) the name and business address of the
				applicant;
(b) the location of all
				waste storage, loading, and handling areas and a certification that the storage
				areas meet the requirements of ARM
				17.50.1507;
(c) the location and identity of each person
				who receives waste from a transporter, including an intermediate point,
				treatment facility, disposal facility, or other person, and of each person from
				whom the applicant intends to receive waste;
(d) the vehicle identification number or
				serial number of all vehicles used to transport infectious waste;
(e) a certification that the vehicles and
				containers used to transport or store infectious waste meet the requirements of
				ARM 17.50.1505 and
				17.50.1507;
(f) a certification
				that all vehicles contain a spill containment and decontamination
				kit;
(g) a certification that all
				employees involved in the transportation and management of infectious waste
				have the training required by ARM
				17.50.1505(4);
				and
(h) a copy of the transporter's
				infectious waste transportation and management plan. The plan must meet the
				requirements of ARM
				17.50.1504.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.15 - Infectious Waste › Rule 17.50.1504 - GENERAL REQUIREMENTS - TRANSPORTATION AND MANAGEMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) A transporter shall submit to the
				department for its review and approval, a management plan meeting the
				requirements of this subchapter that:
(a)
				describes the type, sources, and annual volume of infectious waste
				handled;
(b) describes how
				infectious waste is segregated from other solid waste, packaging, and labeling
				procedures;
(c) describes the
				collection, storage, and transportation procedures to ensure infectious waste
				is distinguished from noninfectious waste;
(d) describes the treatment or disposal
				methods used;
(e) identifies the
				name and location of the facility where the waste will be treated and disposed
				of;
(f) identifies the person
				responsible for the transportation and management of infectious waste;
				and
(g) includes an emergency spill
				response and decontamination plan that meets the requirements of ARM
				17.50.1508.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.15 - Infectious Waste › Rule 17.50.1505 - TRANSPORTATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Infectious
				waste must be transported according to the provisions of
				75-10-1005(6),
				MCA, and this subchapter.
(2) A
				transporter may not transport infectious waste in the same vehicle as
				noninfectious waste unless:
(a) infectious
				waste is enclosed in a separate container as provided in ARM
				17.50.1507; or
(b) the infectious and any noninfectious
				waste being transported will be treated according to the requirements of
				75-10-1005, MCA, and ARM
				17.50.1506.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.15 - Infectious Waste › Rule 17.50.1506 - INFECTIOUS WASTE TREATMENT AND DISPOSAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Infectious waste transported or managed
				under this subchapter must be treated and disposed of according to the
				provisions of
				75-10-1005, MCA, and this
				section.
(2) Infectious waste that
				has been treated according to this section and
				75-10-1005, MCA, may be disposed
				of in a licensed solid waste management facility approved by the department to
				accept treated infectious waste, provided the treated waste is not comingled
				with hazardous or radioactive waste.
(3) Infectious waste may be discharged into a
				sewage treatment facility as provided for in
				75-10-1005(4)(b),
				MCA.
(4) Except as provided in (5),
				infectious waste must be treated using steam sterilization to the temperature,
				pressure, and time sufficient to ensure, within reasonable scientific
				probability, inactivation of geobacillus stearothermophilus spores and
				mycobacteria in the center of the waste load to achieve a 6
				Log10 reduction or greater.
(5) The department may approve alternative
				treatment methods submitted by a person or facility treating infectious waste,
				if the methods meet the requirements of (6).
(6) An application for alternative treatment
				methods must be supported by the results of laboratory tests that meet the
				following requirements:
(a) the laboratory
				tests shall be conducted:
(i) by qualified
				laboratory personnel;
(ii) using
				recognized microbial sterilization techniques documented in peer-reviewed
				scientific publications;
(iii)
				using samples inoculated with test organisms and then subjected to the proposed
				alternative treatment method; and
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.15 - Infectious Waste › Rule 17.50.1507 - PACKAGING, CONTAINMENT, AND STORAGE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Infectious waste must be packaged,
				contained, and stored according to the provisions of
				75-10-1005, MCA.
(2) A transporter or a person who stores
				infectious waste who is not a generator of infectious waste under
				75-10-1006, MCA, shall ensure that
				infectious waste, other than sharps and liquid or semi-liquid infectious waste,
				is kept in containers as follows:
(a) in
				double-walled corrugated fiberboard boxes or equivalent rigid containers such
				as pails, cartons, or portable bins securely sealed or with tight-fitting
				covers sufficient to prevent spills, leaks, emission of infectious agents, and
				degradation; and
(b) reusable
				containers must be constructed of heavy wall plastic or noncorrosive metal.
				Reusable containers must be decontaminated after each use.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.15 - Infectious Waste › Rule 17.50.1508 - EMERGENCY SPILL RESPONSE AND DECONTAMINATION PLAN - REQUIRED EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) An emergency spill response and
				decontamination plan must describe, at a minimum, procedures for:
(a) preventing access or exposure to the
				spill location by unauthorized persons;
(b) the containment of spilled or leaking
				infectious waste;
(c) the safe
				repackaging and relabeling of spilled waste or broken or leaking containers;
				and
(d) reporting the spill or leak
				to the department and local authorities.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.16 - Landfarm License and Operation Standards › Rule 17.50.1601 - LANDFARM FACILITY APPLICABILITY AND SCOPE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter
				applies to:
(a) landfarm facilities as defined
				under ARM 17.50.403.