Montana Administrative Code

17.40.303 USE OF THE FUND--ELIGIBLE ACTIVITIES FOR FUND ASSISTANCE The department shall administer the program in accordance with the federal Act, the Act, the trust indenture regarding the program, and these rules. If there is a conflict among the Act, the trust indenture, or th…

17.40.308 TYPES OF FINANCIAL ASSISTANCE The department or the department of natural resources and conservation may provide financial assistance from the revolving fund by: making a loan for the costs of eligible water pollution control projects, subject to the following requireme…

17.40.309 CRITERIA FOR FINANCIAL ASSISTANCE TO MUNICIPALITIES To be eligible for financial assistance from the revolving fund, a municipality must: meet financial capability requirements set by the department of natural resources and conservation for the proposed project that ens…

17.40.310 CRITERIA FOR LOANS TO PRIVATE PERSONS A private person is eligible for a loan from the fund if the person's project proposal meets the following criteria: the project is consistent with the nonpoint source management plan and has qualified as a nonpoint source project; …

17.40.311 APPLICATION PROCEDURES A complete application package may be submitted to the department at any time. The department shall consider applications in the order received. If the department determines, in its sole discretion, that it lacks sufficient time to consider an app…

17.40.315 PROJECT PRIORITY LIST The project priority list is established for rating and ranking possible projects for fund assistance. The department shall list all potential eligible projects on the project priority list, including projects proposed by project applicants and pro…

17.40.316 INTENDED USE PLAN--RANKING FOR FUNDING PURPOSES The department shall prepare an intended use plan (IUP) annually. A project selected for funding is subject to denial by the department of natural resources and conservation based on its review for financial capability, as…

17.40.317 PUBLIC PARTICIPATION The project priority rating and ranking system, project priority list, and intended use plan are subject to full public scrutiny. Each year the department shall mail the draft priority list to the program's list of interested persons as defined in 2…

17.40.318 STATE REVOLVING FUND PROJECTS ELIGIBLE FOR CATEGORICAL EXCLUSION FROM MEPA REVIEW Except as provided in (2), a department action under Title 75, chapter 5, part 11, MCA, and this subchapter is excluded from the requirement to prepare an environmental assessment (EA) or …

17.50.1001 GENERAL PROVISIONS 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 …

17.50.1002 DEFINITIONS In this subchapter, the following definitions apply: "100-year flood" means a flood that has a one percent or greater chance of recurring in any given year or a flood of a magnitude equalled or exceeded once in 100 years on the average over a significantly …

17.50.1003 AIRPORT SAFETY The owner or operator of a new or existing Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, that is located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1…

17.50.1004 FLOODPLAINS The owner or operator of a new or existing Class II or Class IV landfill unit, or a lateral expansion of an existing Class II or Class IV landfill unit, located in a 100-year floodplain shall submit for department approval a demonstration that the unit will…

17.50.1005 WETLANDS A new Class II or Class IV landfill unit, or a lateral expansion of an existing Class II or Class IV landfill unit, may not be located in wetlands, unless the owner or operator submits to the department for approval the following demonstrations: when applicabl…

17.50.1006 FAULT AREAS A new Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, may not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time unless the owner or operator submits to the department for appro…

17.50.1007 SEISMIC AREAS A new Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, may not be located in a seismic impact zone, unless the owner or operator submits to the department for approval a report prepared by a Montana licensed profession…

17.50.1008 UNSTABLE AREAS An applicant for a license for a new Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, located in an unstable area shall submit to the department for approval, with the application, a report prepared by a Montana licen…

17.50.1009 LOCATION RESTRICTIONS The owner or operator of a landfill facility shall comply with the following general locational requirements: a sufficient amount of land must be available to satisfy the approved design, operation, and capacity of any solid waste management syste…

17.50.101 DEFINITIONS (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; AMD, 1981 MAR p. 1101, Eff. 10/1/81; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.102 PRE-APPLICATION CONFERENCE (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.103 GENERAL APPLICATION REQUIREMENTS (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; AMD, 1981 MAR p. 1101, Eff. 10/1/81; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2…

17.50.104 FRONT-END PLANNING FUNDS--GRANT APPLICATION AND CRITERIA FOR REVIEW (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; AMD, 1981 MAR p. 1101, Eff. 10/1/81; TRANS, from DHES, 1995 MAR p.…

17.50.105 FRONT-END IMPLEMENTATION FUNDS -- GRANT APPLICATION (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; AMD, 1981 MAR p. 1101, Eff. 10/1/81; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024…

17.50.110 LOAN--ELIGIBILITY REQUIREMENTS (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.1101 GENERAL PROVISIONS 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 …

17.50.1102 DEFINITIONS In this subchapter, the following definitions apply: "Active life" has the meaning given in ARM 17.50.502. "Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with ARM 17…

17.50.1103 PROCEDURES FOR EXCLUDING THE RECEIPT OF HAZARDOUS WASTE The owner or operator of a Class II landfill unit shall implement a program at the facility for detecting and preventing the disposal of regulated hazardous waste, as defined in 40 CFR Part 261 and polychlorinated…

17.50.1104 COVER MATERIAL REQUIREMENTS Except as provided in (2), the owner or operator of a Class II landfill unit shall cover disposed solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control diseas…

17.50.1105 DISEASE VECTOR CONTROL The owner or operator of a Class II landfill unit shall prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and the environment. Authorizing statute(s): 75-10-204, MCA Implemen…

17.50.1106 EXPLOSIVE GASES CONTROL The owner or operator of a Class II landfill unit shall ensure that: the concentration of methane gas generated by the facility does not exceed 25 percent of the lower explosive limit for methane in facility structures, excluding gas control or …

17.50.1107 AIR CRITERIA The owner or operator of a Class II landfill unit shall ensure that the unit does not violate any applicable requirements developed under a State Implementation Plan (SIP) approved or promulgated by the EPA Regional Administrator pursuant to section 110 of…

17.50.1108 ACCESS REQUIREMENTS The owner or operator of a Class II landfill unit shall control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes, by using artificial barriers, natural barriers, or both, as appropriate to protect human health a…

17.50.1109 RUN-ON AND RUN-OFF CONTROL SYSTEMS The owner or operator of a Class II landfill unit shall design, construct, and maintain: a run-on control system to prevent flow onto the active portion of the landfill during the peak discharge from a 25-year storm; and a run-off con…

17.50.111 LOAN APPLICATION (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.1110 SURFACE WATER REQUIREMENTS A Class II landfill unit may not: cause a discharge of a pollutant into state waters, including wetlands, that violates any requirement of the Montana Water Quality Act including, but not limited to, the Montana pollutant discharge eliminatio…

17.50.1111 LIQUIDS RESTRICTIONS Bulk or noncontainerized liquid waste may not be placed in a Class II landfill unit unless: the waste is household waste other than septic waste; or the waste is leachate or gas condensate derived from the Class II landfill unit and the Class II la…

17.50.1112 RECORDKEEPING REQUIREMENTS The owner or operator of a Class II landfill unit shall record and retain at the facility, in an operating record or in an alternative location approved by the department, the following information, as it becomes available: any location restr…

17.50.1113 DEED NOTATION The following requirements concerning deed notations apply to a solid waste landfill facility: Before the initial receipt of waste at the facility or, if the facility is licensed and accepting waste on February 12, 2010, by April 13, 2010, the owner of th…

17.50.1114 GENERAL LIABILITY INSURANCE Before the initial receipt of waste at a solid waste management facility, or by April 13, 2010, if the facility is accepting waste, the owner or operator shall submit for department approval, and maintain in force during the active life of t…

17.50.1115 SPECIAL WASTES The owner or operator of a solid waste management facility shall manage the following special wastes according to the plan in ARM 17.50.509 and the following criteria: asbestos-contaminated material, 40 CFR Part 61, subpart M, as adopted by reference in …

17.50.1116 OPERATING CRITERIA An owner or operator of a solid waste management system shall construct, maintain, and operate that system in conformance with the requirements of this subchapter, the plan of operation and maintenance approved by the department, all local zoning, sy…

17.50.1117 OPERATING CRITERIA FOR CLASS III LANDFILL UNITS The owner or operator of a Class III landfill unit: may accept only Group III wastes; shall cover the wastes at least every three months with not less than six inches of a department-approved cover soil; may not place bul…

17.50.1118 OPERATING CRITERIA FOR CLASS IV LANDFILL UNITS The owner or operator of a Class IV landfill unit: shall control litter, odor, wastewater, and leachate; shall apply an approved cover at least every three months unless more frequent cover is needed to control litter or m…

17.50.112 ORDER OF FUNDING LOANS (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.113 ORDER OF FUNDING GRANTS (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; AMD, 1981 MAR p. 1101, Eff. 10/1/81; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.…

17.50.118 DEPARTMENT APPROVAL OF PROJECT CHANGES (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.119 NONCOMPLIANCE (REPEALED) Authorizing statute(s): 75-10-106, MCA Implementing statute(s): 75-10-106, MCA History: NEW, 1977 MAR p. 730, Eff. 10/25/77; AMD, 1981 MAR p. 1101, Eff. 10/1/81; TRANS, from DHES, 1995 MAR p. 2253; REP, 2024 MAR p. 253, Eff. 2/10/24.

17.50.1201 GENERAL PROVISIONS 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 …

17.50.1202 DEFINITIONS In this subchapter, the following definitions apply: "Active life" has the meaning given in ARM 17.50.502. "Class II landfill facility" has the meaning given in ARM 17.50.504. "Class IV landfill facility" has the meaning given in ARM 17.50.504. "Closure" ha…

17.50.1203 SMALL COMMUNITY EXEMPTION 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…