reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.218 - APPROVAL OF COUNTY JUNK VEHICLE SALES

Current through Register Vol. 13, July 5, 2024
(1)
				A county must receive department approval prior to conducting junk vehicle
				sales.
(2) A county wishing to
				obtain approval to conduct such sales must submit a plan to the department
				detailing how the vehicle sales will be noticed, administered, and
				conducted.
(3) Plans that are
				submitted which are inconsistent with any of the applicable rules of the
				department relating to junk vehicles will not be approved.
(4) Upon approval by the department, the
				county may conduct sales in accordance with the procedures specified in the
				approved plan. Once approval is granted to the county, it will remain in effect
				until revoked by the department or until the county requests
				termination.
(5) If the county
				desires to make changes in its procedures for sales of junk vehicles, the
				county must submit an updated plan to the department for approval prior to
				implementing such changes in its procedures.
(6) If a county fails to comply with the
				requirements of this subchapter, the department may revoke the approval of the
				county junk vehicle sale plan.
75-10-503, MCA; IMP,
					 75-10-503,
					 75-10-521,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.219 - CONDUCT OF COUNTY JUNK VEHICLE SALES

Current through Register Vol. 13, July 5, 2024
(1)
				Only those junk vehicles which are accompanied by a properly completed
				certificate of title, sheriff's certificate of sale, or sheriff's release may
				be sold.
(2) Sales shall be
				conducted on a competitive bidding basis.
(3) Junk vehicles may be sold only to
				licensed motor vehicle wrecking facilities. All bidders must provide proof of a
				valid motor vehicle wrecking facility license prior to the sale.
(4) Junk vehicles must be sold as complete
				units. Portions or component parts of junk vehicles may not be sold.
(5) A properly completed title, sheriff's
				certificate of sale, or sheriff's release must be provided by the county to the
				purchaser at the time the purchaser takes possession of the vehicle. In
				addition, the county shall provide to the purchaser a sales receipt and a
				signed release of interest statement from the county junk vehicle
				program.
(6) The county shall issue
				sales receipts and release of interest statements on forms provided by the
				department.
(7) Payment must be
				made by the purchaser on the day of the sale in the form of a business check,
				certified check, guaranteed bank draft or money order.
(8) The purchaser of a vehicle must remove
				the vehicle from the motor vehicle graveyard within three working days of the
				date of the sale.
75-10-503, MCA; IMP,
					 75-10-503,
					 75-10-521,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.220 - COUNTY TO REPORT JUNK VEHICLE SALES TO THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) Within 30 days of a county junk vehicle
				sale, the county shall submit to the department a report of the junk vehicle
				sale, together with payment equal to the salvage value of each vehicle sold.
				Salvage value must be calculated in accordance with
				75-10-534, MCA. Reports must be
				submitted on forms provided by the department and shall at a minimum include a
				description of each vehicle sold and the actual selling price of each
				vehicle.
75-10-503, MCA; IMP,
					 75-10-503,
					 75-10-521,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.221 - SALE PROCEEDS TO BE DEPOSITED INTO THE JUNK VEHICLE PROGRAM ACCOUNT

Current through Register Vol. 13, July 5, 2024
(1) Proceeds from county junk vehicle sales
				must be deposited as follows:
(a) The salvage
				value of each vehicle sold must be sent to the department for deposit with the
				state treasurer and placement into the junk vehicle account established
				pursuant to
				75-10-532, MCA.
(b) The sale proceeds in excess of the
				salvage values of the vehicles sold may be retained by the county for use in
				the county's junk vehicle program, in addition to the approved junk vehicle
				collection and graveyard budget of the county. If the county retains the excess
				proceeds, it shall deposit the excess proceeds in the county's junk vehicle
				program account. If the county does not retain the excess proceeds, it shall
				remit the excess proceeds to the department within 30 days of the date of the
				sale.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.222 - A VEHICLE OWNER MAY REQUEST A VEHICLE NOT BE SOLD

Current through Register Vol. 13, July 5, 2024
(1) The owner or possessor of a vehicle
				released to the county junk vehicle program may request that a vehicle be
				disposed of only through crushing and recycling and that the vehicle not be
				sold. Junk vehicle release forms must include language notifying persons
				releasing vehicles of this right.
(2) If the owner or possessor of a vehicle
				released to the county junk vehicle program requests that the vehicle be
				disposed of only through crushing and recycling and that the vehicle not be
				sold, the county may not sell the junk vehicle.
75-10-503, MCA; IMP,
					 75-10-503,
					 75-10-521,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.2 - Motor Vehicle Recycling and Disposal › Rule 17.50.223 - REQUIREMENTS FOR PURCHASES FROM COUNTY GRAVEYARD

Current through Register Vol. 13, July 5, 2024
(1) Before any vehicle purchased pursuant to
				these rules may be removed from the motor vehicle graveyard, the purchaser
				shall provide a signed affidavit to the appropriate county personnel which
				states that:
(a) The purchaser maintains and
				is currently covered by the appropriate liability insurance required by
				law;
(b) The purchaser is familiar
				with the motor vehicle equipment requirements of Montana law as they pertain to
				the safe transport of disabled vehicles, as enforced by the Montana Highway
				Patrol, and intends to fully comply with such requirements;
(c) The purchaser is familiar with the
				department's requirements relating to the proper shielding of a junk vehicle,
				is in current compliance with such requirements, and intends to fully comply
				with such requirements.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.3 - State Solid Waste Management and Resource Recovery Planning › Rule 17.50.301 - STATE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PLAN

Current through Register Vol. 13, July 5, 2024
(1) The department adopts and incorporates by
				reference the Integrated Waste Management Plan (IWMP), 2013 edition, as the
				state solid waste management and resource recovery plan. Copies of the plan may
				be obtained by contacting the Energy and Pollution Prevention Bureau,
				Department of Environmental Quality, P.O. Box 200901, Helena, Montana
				59620-0901; by phone at (406) 841-5200; or at
				http://www.deq.mt.gov/Recycle/intewastemanag.mcpx [File Link Not
				Available].
(2) "Department" means
				the Department of Environmental Quality provided for in
				2-15-3501, MCA.
75-10-104,
					 75-10-111, MCA; IMP,
					 75-10-111,
					 75-10-807,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.4 - License and Operation Fees › Rule 17.50.401 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				establish solid waste management system licensing requirements and fee
				schedules provided for in
				75-10-115, and
				75-10-221, MCA.
75-10-115,
					 75-10-221, MCA; IMP,
					 75-10-115,
					 75-10-221,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.4 - License and Operation Fees › Rule 17.50.402 - AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) Authority for rules promulgated in this
				subchapter is provided for in
				75-10-104,
				75-10-105,
				75-10-115, and
				75-10-221, MCA, under which the
				department may establish and collect fees for the management and regulation of
				solid waste disposal. These fees may include:
(a) a license application fee that reflects
				the cost of reviewing a new solid waste management system or substantial change
				to an existing facility;
(b) a flat
				annual license renewal fee that reflects a minimal base fee related to the
				fixed costs of an annual inspection and license renewal based upon the
				categorization of solid waste management facilities into separate classes
				identified by the following criteria:
(i) the
				quantity of solid waste received by the solid waste management
				facility;
(ii) the nature of the
				solid waste received;
(iii) the
				nature of the waste management occurring within the solid waste management
				system; and
(c) a
				tonnage-based fee on solid waste disposal.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.4 - License and Operation Fees › Rule 17.50.403 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires otherwise, in this subchapter the
				  following definitions apply:
(1)
				"Aerobic" means occurring in the presence of oxygen.
(2) "Barn waste" means the bedding, waste
				feed, manure and other animal excretions generated from the operation of a barn
				or feedlot.
(3) "Commercial waste"
				means waste generated from stores, offices, restaurants, food processing
				facilities, warehouses, and other non-manufacturing activities, and
				non-processing wastes such as office and packing waste generated at industrial
				facilities.
(4) "Composting" means
				the controlled biological decomposition of organic solid waste under aerobic
				conditions.
(5) "Contaminated soil"
				means soil, rocks, dirt, or earth that has been made impure by contact,
				commingling, or consolidation with organic compounds such as petroleum
				hydrocarbons. This definition does not include soils contaminated solely by
				inorganic metals, soils that meet the definition of hazardous waste under ARM
				Title 17, chapter 53, or regulated PCB (polychlorinated biphenyls) contaminated
				soils.
(6) "Custom exempt butcher
				operation" means a processor that only processes meat that is not sold and is
				only consumed by:
(a) the owner of the
				animal;
(b) the owner's immediate
				family; and
(c) non-paying
				guests.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.4 - License and Operation Fees › Rule 17.50.404 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in
				75-10-214, MCA, this subchapter
				applies to any person disposing of solid waste or operating or maintaining a
				solid waste management system involved in the storage, treatment, recycling,
				recovery, or disposal of solid waste.
75-10-115,
					 75-10-204,
					 75-10-221, MCA; IMP,
					 75-10-115,
					 75-10-204,
					 75-10-221,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.4 - License and Operation Fees › Rule 17.50.410 - ANNUAL OPERATING LICENSE REQUIRED

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in
				75-10-214, MCA, no person may
				dispose of solid waste or operate or maintain a solid waste management system
				after July 1, 1991, without an operating license from the department. The
				license period is July 1 through June 30.
(a)
				When an applicant for a license to operate a solid waste management system
				submits to the department the license application required by ARM
				17.50.508, the department will
				determine the applicable fee specified in Table 3 and send an invoice to the
				applicant within seven working days after receipt of the application. The
				department shall begin processing the application upon receipt of the invoiced
				amount.
(b) A licensee shall file
				an annual report with the department by April 1 of each year. The report must
				be filed on a form provided by the department.
(c) The department shall mail invoices for license renewal fees to
				licensees by June 15 of each year. The department shall calculate and assess
				license renewal fees in accordance with Table 1, "Solid Waste Fees." A solid
				waste management facility that does not fit into one of the categories listed
				in Table 1 must be assessed fees no greater than major Class II landfill
				facilities. A licensee shall pay the assessed fee by July 31 of each year, but
				may submit the fees to the department quarterly, with the first payment due on
				or before July 31 of each year, and subsequent quarterly payments due on
				October 31, January 31, and April 30. Failure to submit payments when due
				subjects the licensee to the provisions of
				75-10-116, MCA.
(d) The solid waste fee specified in Table 1
				is prorated by quarter for the year in which a license is originally
				issued.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.4 - License and Operation Fees › Rule 17.50.411 - DISPOSAL FEE

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided for in
				75-10-214, MCA, and in fee Tables
				1, 2 and 3 of ARM
				17.50.410, any person licensed to
				dispose of or incinerate solid waste shall submit to the department an annual
				fee of $0.40 per ton of solid waste incinerated or disposed of at the licensed
				facility during the previous calendar year. This fee must be submitted to the
				department in addition to the flat annual license renewal fees and is subject
				to the schedule in Table 1 of ARM 17.50.410.
(2) The department shall calculate the fee by
				using one of the following methods:
(a)
				actual weight of waste managed as reported in the annual report required by ARM
				17.50.410; or
(b) estimated weight
				based upon the volume of waste managed as reported in the annual report
				required by ARM 17.50.410.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.4 - License and Operation Fees › Rule 17.50.412 - ANNUAL REPORTING, CONSOLIDATED OPERATIONS, LICENSE CLASSIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Any person owning or operating a facility
				that manages solid waste shall submit to the department by April 1 of each
				year, on a form provided by the department, the following information:
(a) service areas and population of those
				areas;
(b) total tonnage of solid
				waste received and disposed of during the previous year. Facilities that do not
				operate scales and that measure the volume of waste received and disposed of
				will use the following conversions to determine tonnage:
(i) loose refuse (residential and commercial)
				= 300 pounds per cubic yard;
(ii)
				compacted refuse (packer truck) = 700 pounds per cubic yard.
(c) for a landfarm facility, a
				report summarizing the total volume in cubic yards of contaminated soils
				accepted for treatment and under treatment during the previous year as
				demonstrated by compilation of waste acceptance forms, bills of lading, or trip
				tickets;
(d) for a large or small
				composter facility, a report summarizing:
(i)
				the kinds of materials accepted;
(ii) the total volume in cubic yards of
				material accepted; and
(iii) the
				tons of compost produced.
(e) for facilities licensed primarily for the
				storage, treatment, processing, or disposal of waste tires, the kind and number
				of tires received by the facility and the number of tires processed, treated,
				disposed of, or removed from the facility during the previous year.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.4 - License and Operation Fees › Rule 17.50.415 - APPLICATION REVIEW FEES-INITIAL LICENSE OR SUBSTANTIAL CHANGE TO AN EXISTING FACILITY

Current through Register Vol. 13, July 5, 2024
(1) Application for
				an initial license for a solid waste management system or substantial change to
				an existing solid waste management system may be submitted at any time during
				the license base year. Licenses issued during the base year shall expire at the
				end of that license base year. The applicant for initial licensing of a
				facility shall submit the appropriate fees as shown in Table 3, "Application
				Review Fee Schedule" of ARM
				17.50.410. Any solid waste
				management system that does not fit into one of the categories shall be
				assessed fees no greater than major Class II landfill facilities.
(2) Application for substantial change to an
				existing solid waste management system shall be subject to the fee schedule
				established for review of new or substantially changed applications contained
				in Table 3, "Application Review Fee Schedule".
75-10-115,
					 75-10-204, MCA; IMP,
					 75-10-115,
					 75-10-204,
					 75-10-221,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.4 - License and Operation Fees › Rule 17.50.416 - CONSOLIDATION OF LICENSES; FEES FOR CONSOLIDATED LICENSES

Current through Register Vol. 13, July 5, 2024
(1) More than one solid waste management
				facility may be licensed as a part of the same solid waste management system,
				subject to the following limitations:
(a) No
				more than 1 landfill may be consolidated under 1 solid waste management system
				license;
(b) No more than 1
				incinerator may be consolidated under 1 solid waste management system
				license;
(c) A landfill and an
				incinerator may not be consolidated under the same license;
(d) All solid waste management facilities
				consolidated under 1 solid waste management system license must manage the same
				or primarily the same solid waste stream;
(e) All solid waste management facilities
				consolidated under the same solid waste management system license must be owned
				or operated by the same person; and
(f) All solid waste management facilities
				consolidated under the same solid waste management system license must be
				included in the solid waste management system's approved plan of
				operation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.501 - PURPOSE AND APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The purpose
				of this subchapter is to provide uniform standards governing the storage,
				treatment, recycling, recovery, and disposal of solid waste.
(2) The rules in this subchapter are adopted
				to discharge the department's responsibilities under Title 75, chapter 10, part
				2, MCA, "The Montana Solid Waste Management Act," by adopting rules governing
				solid waste management systems.
(3)
				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.
(4)
				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.
(5) 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.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.503 - WASTE GROUPS

Current through Register Vol. 13, July 5, 2024
(1) Solid wastes
				are grouped based on physical and chemical characteristics which determine the
				degree of care required in handling and disposal and the potential of the
				wastes for causing environmental degradation or public health hazards. Solid
				wastes are categorized into three groups:
(a)
				Group II wastes include decomposable wastes and mixed solid wastes containing
				decomposable material but exclude regulated hazardous wastes. Examples include,
				but are not limited to, the following:
(i)
				municipal and household solid wastes such as garbage and putrescible organic
				materials, paper, cardboard, cloth, glass, metal, plastics, street sweepings,
				yard and garden wastes, digested sewage treatment sludges, water treatment
				sludges, ashes, dead animals, offal, discarded appliances, abandoned
				automobiles, and hospital and medical facility wastes, provided that infectious
				wastes have been rendered non-infectious to prevent the danger of disease;
				and
(ii) commercial and industrial
				solid wastes such as packaging materials, liquid or solid industrial process
				wastes that are chemically or biologically decomposable, contaminated soils,
				crop residues, manure, chemical fertilizers, and emptied pesticide containers
				that have been triple rinsed or processed by methods approved by the
				department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.504 - DISPOSAL FACILITY CLASSIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Disposal facilities are classified according to their respective abilities to
				handle various types of solid waste. Systems of acceptable disposal may entail
				containment of waste with assured protection against leachate migration or may
				take advantage of natural treatment processes such as evaporation, chemical and
				microbiological degradation, filtration, adsorption and attenuation. Solid
				waste management facilities may involve ponds, pits, lagoons, land spreading
				areas, impoundments, or landfills. Although facilities are broadly classified
				as to the solid waste groups they may accept, specific restrictions may be
				placed by the department on individual disposal units or disposal areas. As an
				example, many Class II landfills may not be acceptable places for the disposal
				of Group II liquids or sludges. Such restrictions, if any are warranted, shall
				be specified on the solid waste management system license.
(2) There are 3 types of disposal facilities:
				Class II, Class III, and Class IV.
(a)
				Generally, facilities licensed to operate as Class II solid waste management
				systems are capable of receiving Group II, Group III, and Group IV wastes but
				not regulated hazardous wastes. Group III and Group IV waste may be managed in
				Class II units or separate units at the facility. Household waste, although it
				may contain some household hazardous waste or other non-regulated hazardous
				waste, may be disposed of at Class II landfills.
(b) Facilities licensed as Class III
				landfills may accept only Group III wastes.
(c) Facilities licensed as Class IV landfills
				may accept only Group III or Group IV wastes. Conditionally exempt small
				quantity generator hazardous waste that is generated as a part of a
				construction or demolition project and that cannot practicably be removed from
				the construction and demolition waste may be included in waste disposed of in
				Class IV units.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.505 - STANDARDS FOR SOLID WASTE MANAGEMENT FACILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.506 - DESIGN CRITERIA FOR LANDFILLS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.507 - CLASS II LANDFILL UNIT RESEARCH, DEVELOPMENT, AND DEMONSTRATION PLANS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (6), the department
				may approve a research, development, and demonstration plan included as a
				condition in the license for a new Class II landfill unit, existing Class II
				landfill unit, or lateral expansion of an existing Class II landfill unit, for
				which the licensee proposes to utilize innovative and new methods that vary
				from either or both of the following criteria if the Class II landfill unit has
				a leachate collection system designed and constructed to maintain less than a
				30-centimeter depth of leachate on the liner:
(a) the run-on control systems in ARM
				17.50.1109(1);
				and
(b) the liquids restrictions in
				ARM 17.50.1111(1).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.509 - OPERATION AND MAINTENANCE PLAN REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each proposed solid waste management
				system will be evaluated on a case-by-case basis, taking into consideration the
				physical characteristics of the system, the types and amounts of wastes, and
				the operation and maintenance plan for that system.
(2) The operation and maintenance plan
				required in ARM
				17.50.508 must include:
(a) if for use by the public, what days and
				times the components of the system will be open;
(b) how access and traffic will be restricted
				or controlled;
(c) proposed
				equipment the system will utilize;
(d) general description of the proposed solid
				waste management system;
(e)
				maintenance schedule concerning solid waste handling and disposal;
(f) provision for litter control, if
				applicable;
(g) types of waste the
				proposed facility will accept;
(h)
				a plan for closure of the disposal facility and the land's ultimate use as
				required under ARM Title 17, chapter 50, subchapter 14;
(i) any methane monitoring plans required
				under ARM Title 17, chapter 50, subchapter 11;
(j) any ground water monitoring plan required
				under ARM Title 17, chapter 50, subchapter 13;
(k) any plans required for handling of
				special waste streams including, but not limited to:
(i) compostable materials;
(ii) contaminated soil;
(iii) asbestos-contaminated
				material;
(iv) biosolids;
(v) infectious wastes; or
(vi) any other special waste determined by
				the department to require a handling plan to protect human health or the
				environment;
(l) any
				other plans or information on alternative daily cover required in ARM Title 17,
				chapter 50, subchapter 11; and
(m)
				any other plans or information 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 17.50.5 - Refuse Disposal › Rule 17.50.510 - GENERAL OPERATIONAL AND MAINTENANCE REQUIREMENTS -SOLID WASTE MANAGEMENT SYSTEMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.511 - SPECIFIC OPERATIONAL AND MAINTENANCE REQUIREMENTS -SOLID WASTE MANAGEMENT SYSTEMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.513 - PROCESSING OF SOLID WASTE MANAGEMENT SYSTEM LICENSE APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) The department shall review each
				submitted license application within 60 days to ensure that it is complete, as
				defined in Title 75, chapter 1, part 2, MCA. The department shall notify the
				local health officer of an application, as required in
				75-10-222, MCA.
(2) If an application submitted pursuant to
				ARM 17.50.508 is incomplete, the
				department shall notify the applicant in writing within 15 days after the
				initial review is completed and shall postpone processing the application until
				the material necessary to complete the application is received and the
				application is determined to be complete. If the requested additional
				information is not received within 90 days after the applicant has been
				notified, a new application and application fee must be submitted. The
				department shall notify the applicant when an application is determined to be
				complete.
(3) The department shall
				review a complete application and other relevant information and make a
				proposed decision based on the applicant's apparent ability to comply with the
				applicable laws and rules, and determine the need for an environmental impact
				statement (EIS). To ensure a timely completion of the environmental review
				process, the department shall follow the time limits listed in (3)(a) through
				(c). All time limits are measured from the date the department receives a
				complete application. The department has:
(a)
				60 days to complete a public scoping process, if any;
(b) 90 days to complete an environmental
				review unless a detailed statement pursuant to
				75-1-201, MCA, is required;
				and
(c) 180 days to complete a
				detailed statement pursuant to
				75-1-201, MCA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.514 - APPEAL OF DENIAL OR REVOCATION

Current through Register Vol. 13, July 5, 2024
(1) If the
				department's final decision is to deny the license application or to revoke an
				existing license to operate a solid waste management system, the applicant (or
				licensee) and the local health officer have an opportunity to appeal the
				decision to the board. The department shall inform them of this right in the
				letter of denial or revocation. An appeal, if one is sought, must be filed with
				the board within 30 days after the notice of denial or revocation of license is
				received.
(2) If the department
				issues a license but the local health officer refuses to validate it, the
				applicant or any person aggrieved by the local health officer's decision may
				appeal the local health officer's decision to the board. An appeal must be
				filed within 30 days after receipt of written notice of the local health
				officer's decision.
(3) The act
				does not provide third parties with the right of appeal to the board from a
				decision made by the department to issue, revoke, or deny a license.
75-10-204, MCA; IMP,
					 75-10-204,
					 75-10-223,
					 75-10-224,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.515 - DURATION OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Solid waste
				management system licenses are valid through June 30 following the date of
				issuance, unless earlier surrendered by the licensee or revoked by the
				department in accordance with
				75-10-224, MCA.
(2) Licenses may be renewed on an annual
				basis by submission of an application for renewal and payment of fees as
				specified in ARM
				17.50.410.
(3) Licenses are not transferable to other
				locations.
(4) Facilities must be
				constructed and operated within 5 years of the original date of license
				issuance or else must be subject to review and reapproval by the department
				prior to construction or operation, regardless of whether license renewal fees
				have been paid.
75-10-204, MCA; IMP,
					 75-10-204,
					 75-10-221,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.523 - TRANSPORTATION

Current through Register Vol. 13, July 5, 2024
(1) Solid waste
				must be transported in such a manner so as to prevent its discharge, dumping,
				spilling, or leaking from the transport vehicle.
(2) Waste haulers transporting oilfield
				exploration and production waste must cover and secure loads and keep loads
				covered and secure while in transit in a manner that prevents discharge,
				dumping, spilling, or leaking from the transport vehicle.
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 17.50.5 - Refuse Disposal › Rule 17.50.525 - INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) The department has authority under
				75-10-205, MCA, to conduct
				inspections of solid waste management systems at reasonable hours upon
				presentation of appropriate credentials.
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.526 - ENFORCEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.530 - CLOSURE REQUIREMENTS FOR LANDFILLS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.531 - POST-CLOSURE CARE REQUIREMENTS FOR CLASS II LANDFILLS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.540 - FINANCIAL ASSURANCE REQUIREMENTS FOR CLASS II LANDFILLS

Current through Register Vol. 13, July 5, 2024
(1) The requirements of this rule apply to
				owners and operators of all Class II landfill units, except owners or operators
				who are state or federal government entities whose debts and liabilities are
				the debts and liabilities of a state or the United States. Subdivisions of
				state government, such as counties, cities or towns, whose debts and
				liabilities are not directly the debts and liabilities of the state, are
				subject to this rule.
(a) The requirements of
				this rule are effective April 9, 1997, except:
(i) small, dry or remote landfills which meet
				the "small community exemption" criteria set forth in ARM
				17.50.506, have until October 9,
				1997, to comply; and
(ii) the
				department may waive financial assurance requirements for up to 1 year until
				April 9, 1998, for cause, if the owner or operator demonstrates to the
				department's satisfaction:
(A) that the April
				9, 1997, effective date does not provide sufficient time to comply with the
				requirements of this rule; and
(B)
				that such a waiver will not adversely affect human health and the
				environment.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.5 - Refuse Disposal › Rule 17.50.542 - FINANCIAL ASSURANCE REQUIREMENTS FOR CLASS IV LANDFILLS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.6 - Procedure for Variances › Rule 17.50.602 - INITIAL APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) A person may
				apply for a variance from solid waste management rules contained in ARM Title
				17, chapter 50, subchapter 5, on forms obtained from the department. Such forms
				must contain at least the following information:
(a) Name and business address of
				applicant.
(b) Legal and general
				description of the location of the solid waste management system for which the
				variance is being requested including documentation of ownership, lease or
				rental agreement.
(c) Population
				served by the system.
(d) Citation
				of administrative rule from which a variance is requested.
(e) Documentation of liability insurance
				coverage.
(f) Financial statements
				of the operation costs of the solid waste management system including sources
				of revenues and the proposed costs to operate the system in compliance with the
				rule from which a variance is sought.
(g) Copy of a return receipt of a certified
				letter sent to each owner of real property which is contiguous to the real
				property on which the solid waste management system is located and to the
				owner, if other than the applicant, of the real property on which the solid
				waste management system is located.
(i) The
				certified letter required in (g) of this rule must state: "I, (name of
				applicant), intend to apply to the Board of Environmental Review of the State
				of Montana for a variance from (citation of rule from which variance is
				sought), which states: (text of rule). A hearing will be scheduled before the
				Board on the variance application. For further information, you may contact the
				Department of Environmental Quality, PO Box 200901, Helena, MT 59620-0901,
				(406)444-1430."
(h) A
				compliance plan indicating the dates by which improvements will be implemented
				at the solid waste management system to bring it into compliance with the rule
				from which a variance is sought.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.6 - Procedure for Variances › Rule 17.50.603 - NOTICE

Current through Register Vol. 13, July 5, 2024
(1) Upon notification by the department that
				the variance application is complete, the applicant must publish the notice
				provided to him by the department once in a newspaper of general circulation in
				the geographical area within which the solid waste management system is
				located. This notice must be published not less than 45 days before the date of
				the hearing on the variance application before the board.
(2) The contents of the public notice must
				include at least the following:
(a) Name and
				address of the applicant;
(b)
				Citation and text of the administrative rule from which a variance is
				sought;
(c) Time, location and
				brief description of the purpose of the hearing;
(d) Address and phone number of the office at
				which interested persons may obtain further information, and inspect or obtain
				a copy of the application;
(e) The
				deadline as established by the hearing examiner for making a request to
				participate in the hearing; and
(f)
				Name and address of the hearing examiner to whom a request to participate is
				made.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.6 - Procedure for Variances › Rule 17.50.605 - PARTICIPATION IN HEARING

Current through Register Vol. 13, July 5, 2024
(1) A person who
				wishes to participate in the hearing on the variance application shall submit a
				request to be a party within the deadline stated in the public notice required
				by ARM 17.50.603. A request to be a party
				must be directed to the hearing examiner named in the public notice and must
				state:
(a) Name and address of the person
				making the request;
(b)
				Identification of any person or group requestor represents; and
(c) Requestor's position, whether for or
				against, the application for a variance.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.6 - Procedure for Variances › Rule 17.50.606 - CONDUCT OF HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) All hearings
				held under the provisions of this subchapter must be conducted in accordance
				with the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, of
				the Montana Code Annotated and rules implementing that part.
75-10-204, MCA; IMP,
					 75-10-206,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.6 - Procedure for Variances › Rule 17.50.609 - DURATION OF VARIANCE

Current through Register Vol. 13, July 5, 2024
(1) A variance may
				be granted by the board for a period of time not to exceed 3 years from the
				date granted, except the board may modify or revoke the variance as provided in
				ARM 17.50.610.
75-10-204, MCA; IMP,
					 75-10-206,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.6 - Procedure for Variances › Rule 17.50.610 - VARIANCE REVIEW HEARING - REVOCATION -MODIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A variance review hearing to modify or
				revoke a variance may be held before the board at the request of the department
				during the term of a variance if:
(a) a
				violation of a condition of the variance occurs; or
(b) a complaint is received by the department
				from a property owner or a resident affected by the solid waste management
				system operating under the variance.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.6 - Procedure for Variances › Rule 17.50.611 - RENEWAL OF A VARIANCE

Current through Register Vol. 13, July 5, 2024
(1) No renewal of a
				variance may be granted except on application, submitted on a form designated
				"Application for Renewal of a Variance" obtained from the department.
(2) After the department determines that the
				application for renewal of a variance is complete, the requirements for public
				notice, participation in hearings, conduct of hearings, duration of variance
				renewal, and variance renewal review hearings are the same as provided in ARM
				17.50.603 through
				17.50.610 respectively.
75-10-204, MCA; IMP,
					 75-10-206,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.701 - PURPOSE AND APPLICABILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
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 17.50.7 - Ground Water Monitoring › Rule 17.50.702 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
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 17.50.7 - Ground Water Monitoring › Rule 17.50.705 - HYDROGEOLOGICAL AND SOILS STUDY (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204(5),
					 MCA; IMP, 75-10-204,
					 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.706 - LOCATION AND NUMBER OF MONITORING WELLS (REPEALED)

Current through Register Vol. 13, July 5, 2024
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 17.50.7 - Ground Water Monitoring › Rule 17.50.707 - MONITORING WELL CONSTRUCTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.708 - SAMPLING AND ANALYSIS PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.709 - REPORTING AND PLANNING REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.710 - DEFINITION OF EXTENT OF CONTAMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
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 17.50.7 - Ground Water Monitoring › Rule 17.50.715 - PHASED LANDFILL CONSTRUCTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204(5),
					 MCA; IMP, 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.716 - LATERAL LANDFILL EXPANSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.720 - MONITORING DURING CLOSURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.721 - POST-CLOSURE MONITORING (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204(5),
					 MCA; IMP, 75-10-207,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.50 - SOLID WASTE MANAGEMENT › Subchapter 17.50.7 - Ground Water Monitoring › Rule 17.50.722 - MONITORING WELL ABANDONMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-204, MCA; IMP,
					 75-10-207,
					 MCA;