Montana Administrative Code

17.50.1204 DESIGN CRITERIA - CLASS II AND CLASS IV LANDFILL UNITS 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 app…

17.50.1205 ADDITIONAL DESIGN CRITERIA - CLASS II AND CLASS IV LANDFILL UNITS 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 excepti…

17.50.1301 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 …

17.50.1302 DEFINITIONS In this subchapter, the following definitions apply: "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. "Appendix II to 40 CFR Part 258" means the appendix from the July 1, …

17.50.1303 APPLICABILITY OF LANDFILL GROUND WATER MONITORING AND CORRECTIVE ACTION The requirements in this subchapter apply to Class II and Class IV landfill units, except as provided in (2). Ground water monitoring requirements under ARM 17.50.1304 through 17.50.1307 for a Clas…

17.50.1304 GROUND WATER MONITORING SYSTEMS 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 fro…

17.50.1305 GROUND WATER SAMPLING AND ANALYSIS REQUIREMENTS 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 monitorin…

17.50.1306 DETECTION MONITORING PROGRAM 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 incl…

17.50.1307 ASSESSMENT MONITORING PROGRAM 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. Within 90 days after being required by ARM 17.50.1306 to establish an assessment mon…

17.50.1308 ASSESSMENT OF CORRECTIVE MEASURES 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 protec…

17.50.1309 SELECTION OF REMEDY Based on the results of a corrective measures assessment conducted under ARM 17.50.1308, the owner or operator of a facility shall: select a remedy that, at a minimum, meets the standards listed in (2); submit to the department for approval, within …

17.50.1310 IMPLEMENTATION OF THE CORRECTIVE ACTION PROGRAM Based on the schedule established under ARM 17.50.1309(4) for initiation and completion of remedial activities, an owner or operator required by submit for department approval, and if approved, establish and implement, a …

17.50.1311 HYDROGEOLOGIC AND SOILS CHARACTERIZATION 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: The owner or…

17.50.1312 MONITORING WELL ABANDONMENT The owner or operator of a solid waste management facility shall: 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 …

17.50.1401 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 …

17.50.1402 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 III landfill facility" has the meaning given in ARM 17.50.504. "Class IV l…

17.50.1403 CLOSURE CRITERIA 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: have a permeability no greater than to t…

17.50.1404 POST-CLOSURE CARE REQUIREMENTS 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: maint…

17.50.1405 CLOSURE AND POST-CLOSURE CARE REQUIREMENTS FOR CLASS III LANDFILL UNITS A Class III landfill unit closure plan required under ARM 17.50.508 must include, at a minimum: procedures for construction of two feet of final cover and placement of six inches of top soil; proce…

17.50.1501 APPLICABILITY 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 hum…

17.50.1502 DEFINITIONS As used in this subchapter, the following definitions apply: "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 1910.10…

17.50.1503 TRANSPORTER AND STORAGE FACILITY OPERATOR REGISTRATION, DEPARTMENT REVIEW, AND ANNUAL RENEWAL 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 tra…

17.50.1504 GENERAL REQUIREMENTS – TRANSPORTATION AND MANAGEMENT PLAN A transporter shall submit to the department for its review and approval, a management plan meeting the requirements of this subchapter that: describes the type, sources, and annual volume of infectious waste ha…

17.50.1505 TRANSPORTATION REQUIREMENTS Infectious waste must be transported according to the provisions of 75-10-1005(6), MCA, and this subchapter. A transporter may not transport infectious waste in the same vehicle as noninfectious waste unless: infectious waste is enclosed in …

17.50.1506 INFECTIOUS WASTE TREATMENT AND DISPOSAL REQUIREMENTS 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. Infectious waste that has been treated according to this…

17.50.1507 PACKAGING, CONTAINMENT, AND STORAGE REQUIREMENTS Infectious waste must be packaged, contained, and stored according to the provisions of 75-10-1005, MCA. A transporter or a person who stores infectious waste who is not a generator of infectious waste under 75-10-1006, …

17.50.1508 EMERGENCY SPILL RESPONSE AND DECONTAMINATION PLAN -- REQUIRED EQUIPMENT An emergency spill response and decontamination plan must describe, at a minimum, procedures for: preventing access or exposure to the spill location by unauthorized persons; the containment of spi…

17.50.1601 LANDFARM FACILITY APPLICABILITY AND SCOPE This subchapter applies to: landfarm facilities as defined under ARM 17.50.403. Landfarm facilities located within the property boundary of a licensed Class II landfill facility do not require a separate landfarm license, but m…

17.50.1602 DEFINITIONS In this subchapter, the following terms shall have the meanings, interpretations, or acronyms provided below: "1,2 DCA" means 1,2-dichloroethane. "1,2 EDB" means 1,2-dibromoethane. "Below treatment zone" or "BTZ" means the undisturbed natural soil within th…

17.50.1603 LANDFARM FACILITY LICENSE APPLICATION A person may not construct, expand, or operate a landfarm facility after March 11, 2017, without a landfarm license from the department, except as provided in 17.50.1601(2). An applicant for a landfarm facility license shall submit…

17.50.1606 SITING STANDARDS FOR LANDFARM FACILITIES The owner or operator of a landfarm facility that is not a one-time landfarm facility shall meet the following siting requirements. Treatment cells must be located: more than 1,000 feet from domestic water wells; more than 500 f…

17.50.1607 SITING STANDARDS FOR ONE-TIME LANDFARMS The owner or operator of a one-time landfarm facility shall meet the following siting requirements. Treatment cells must be located: more than 1,000 feet from domestic water wells; more than 500 feet from any residential property…

17.50.1608 DESIGN CRITERIA FOR LANDFARM FACILITIES An owner or operator may not use a soil treatment cell at a landfarm facility unless it meets the standards provided in ARM 17.50.1613. The owner or operator of a landfarm facility shall ensure that: the basal slope for any treat…

17.50.1611 OPERATION AND MAINTENANCE PLAN FOR LANDFARM FACILITIES Prior to accepting contaminated soils, the owner or operator of a soil treatment facility shall submit to the department for approval an operation and maintenance plan that includes the following information: backg…

17.50.1612 ANALYTICAL METHODS For purposes of this subchapter, the department adopts and incorporates by reference: Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW‐846, Third Edition, Final Updates I (1993), II (1995), IIA (1994), IIB (1995)…

17.50.1613 LANDFARM FACILITY STANDARDS The owner or operator of a landfarm facility: may not place in a treatment cell contaminated soils when the BTZ soils have a hydraulic conductivity less than 1 x 10 -5 cm/sec. The owner or operator shall determine hydraulic conductivity by a…

17.50.1616 RECORDKEEPING AND REPORTING REQUIREMENTS The owner or operator of a landfarm facility shall: maintain an operating record at the facility or at an alternate location approved by the department; make the operating record available for department inspection during normal…

17.50.1617 LANDFARM FACILITY REMEDIATION STANDARDS Contaminated soils are considered remediated when: contaminant concentrations listed in Montana Risk-based Corrective Action Guidance for Petroleum Releases, Table 1 (February 2024) are permanently reduced to the residential RSBL…

17.50.1618 CLOSURE PLAN For purposes of closure of a landfarm facility, the owner or operator of a landfarm facility shall submit a closure plan that documents the following: all contaminated soils were remediated pursuant to ARM 17.50.1617 standards; concentrations of TCLP metal…

17.50.1621 POST-CLOSURE CARE REQUIREMENTS The owner or operator of a landfarm facility shall: monitor the reclaimed site for vegetative growth for a minimum of two years after closure. If the revegetation is unsuccessful as determined by the department, the owner or operator shal…

17.50.1622 FINANCIAL ASSURANCE The owner or operator of a landfarm facility required to conduct ground water monitoring during active life and post-closure care period pursuant to ARM 17.50.1606, ARM 17.50.1611, and ARM 17.50.1621, shall obtain financial assurance to ensure adequ…

17.50.1701 APPLICABILITY AND SCOPE Except as provided in (2), this subchapter applies to all facilities that compost, or use in a composting process, any organic solid waste that can be biologically decomposed, including yard and garden waste, manure, animal processing by-product…

17.50.1702 DEFINITIONS In this subchapter, the following terms apply: "Active compost" means organic material that is undergoing rapid decomposition in a controlled process. "Aerated static pile" means a forced aeration method of composting in which a free-standing compost pile i…

17.50.1703 GENERAL LICENSE REQUIREMENTS FOR COMPOST FACILITIES For purposes of this subchapter, the department adopts and incorporates by reference: 40 CFR part 503, Appendix B – Pathogen Treatment Process (58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42573, Aug. 4, 1999), whic…

17.50.1706 MAJOR COMPOST FACILITY FINANCIAL ASSURANCE The owner or operator of a major compost facility that is required to conduct ground water monitoring during the active life and post-closure care period, pursuant to ARM Title 17, chapter 50, subchapter 13 shall obtain financ…

17.50.1707 APPLICATION FOR MINOR COMPOST FACILITY LICENSE An applicant for a minor compost facility license shall submit to the department an application for a license. On a form provided by the department, the applicant shall provide at least the following information: the name,…

17.50.1708 APPLICATION FOR ANIMAL MORTALITY COMPOST FACILITY LICENSE An applicant for an animal mortality compost facility license shall submit to the department an application for a license on a form provided by the department and provide at least the following information: the …

17.50.1711 APPLICATION FOR MAJOR COMPOST FACILITY LICENSE An applicant for a major compost facility license shall submit to the department for approval an application for a license on a form provided by the department and provide at least the following information: names, address…

17.50.1712 OPERATION AND MAINTENANCE PLAN FOR COMPOST FACILITIES The owner or operator of a compost facility regulated under this subchapter shall submit an operation and maintenance plan that includes the following information: description of measures to: prevent storm water flo…

17.50.1713 RECORDKEEPING AND ANNUAL REPORTING REQUIREMENTS The owner or operator of a compost facility subject to the provisions of this subchapter shall submit to the department an annual report on a form provided by the department by April 1 of each year. The owner or operator …