Montana Administrative Code

17.50.1716 SAMPLING AND ANALYSIS REQUIREMENTS FOR COMPOST FACILITIES For purposes of this subchapter, the department adopts and incorporates by reference: The United States Department of Agriculture Natural Resources Conservation Service Montana Operation and Maintenance Guide fo…

17.50.1717 TEMPORARY SUSPENSION OF OPERATIONS The owner or operator of a compost facility may temporarily suspend acceptance of compostable materials up to 180 days without having to implement a closure plan. An owner or operator who exceeds the 180-day limit provided in (1) shal…

17.50.1718 CLOSURE PLAN A closure plan must contain a description of all steps necessary to achieve closure of the compost facility including, but not limited to the removal, abandonment, or restoration of all: stored material; other wastes generated by the closure of the compost…

17.50.1719 POST-CLOSURE CARE AND MAINTENANCE The owner or operator of a compost facility subject to the provisions of ARM Title 17, chapter 50, subchapter 13, shall conduct post-closure care and maintenance for two years, or a longer period as the department determines necessary …

17.50.1801 PURPOSE AND APPLICABILITY The rules in this subchapter are adopted by the department under Title 75, chapter 10, part 2, MCA. The purpose of this subchapter is to establish requirements for the management of TENORM waste at TENORM waste management systems. This subchap…

17.50.1802 DEFINITIONS In this subchapter, the following definitions apply: "Absorbed dose" has the meaning specified in ARM 37.14.102. "Background radiation" means the natural radiation that is present in the environment. It includes cosmic radiation, which comes from the sun an…

17.50.1803 TENORM WASTE MANAGEMENT SYSTEM LIMITS AND RESTRICTIONS Except as provided in (2), the owner or operator of a TENORM waste management system shall ensure that: TENORM waste entering the system does not exceed a gate screening TENORM surface-contaminated objects are not …

17.50.1806 TENORM WASTE MANAGEMENT SYSTEM LICENSE AND APPLICATION REQUIREMENTS A person may not construct, expand, or operate a TENORM waste management system after June 27, 2020 without first obtaining a TENORM waste management system license from the department in compliance wi…

17.50.1807 DESIGN CRITERIA An application for a TENORM waste management system license must contain a system design that complies with: ARM Title 17, chapter 50, subchapter 10; ARM Title 17, chapter 50, subchapter 12; and requirements of the Montana Pollutant Discharge Eliminatio…

17.50.1808 OPERATION AND MAINTENANCE An application for a TENORM waste management system license must contain an operation and maintenance plan that complies with ARM Title 17, chapter 50, subchapters 5 and 11, excluding ARM 17.50.1109, and that includes: types of wastes that wil…

17.50.1811 GROUND WATER MONITORING An application for a TENORM waste management system license must contain a ground water monitoring plan that complies with ARM Title 17, chapter 50, subchapter 13; and contain a ground water sampling and analysis plan tailored to the types of TE…

17.50.1812 CLOSURE AND POST-CLOSURE CARE REQUIREMENTS An application for a TENORM waste management system license must contain closure and post-closure plans that comply with ARM Title 17, chapter 50, subchapter 14, except for ARM 17.50.1404(2)(a), and that include: an estimated …

17.50.1813 FINANCIAL ASSURANCE The owner or operator of a TENORM waste management system shall comply with the requirements of ARM 17.50.540 concerning financial assurance for Class II landfills. Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, MCA Histo…

17.50.1816 TENORM SPILL REPORTING REQUIREMENTS A person who transports TENORM waste for processing or disposal shall comply with this rule. A person who transports TENORM waste shall comply with ARM 17.50.523. A person who spills TENORM waste shall, as soon as practicable but in …

17.50.201 LICENSE TO OPERATE--APPLICATION An applicant for a license to operate a motor vehicle wrecking facility shall use application forms provided by the department. An applicant shall submit, with the application, a written certification signed by the appropriate local gover…

17.50.202 SHIELDING OF FACILITIES All junk vehicles, motor vehicle wrecking facilities, and county motor vehicle graveyards are required to be shielded from public view. Public view is any point six feet above the surface of the center of any public road from which the wrecking f…

17.50.203 COMPLETION OF SHIELDING If the department decides, after determining that an applicant for a license has met all the licensing requirements of this subchapter except for the shielding requirements in ARM 17.50.202, that a license should be issued when the applicant has …

17.50.205 RENEWAL OF LICENSE For licensed motor vehicle wrecking facilities, renewal application must be made on forms furnished by the department. A motor vehicle wrecking facility must be in compliance with, or be operating under a compliance plan that will assure compliance wi…

17.50.206 DENIAL OF APPLICATION OR CANCELLATION OF LICENSE When the department determines to deny an application for a license, to deny the renewal of a license, or to revoke a license pursuant to 75-10-514, MCA, it shall notify the applicant or licensee of its intended action. T…

17.50.207 INSPECTIONS The facility and required operational records must be made available for inspection to an authorized representative of the department or county at all reasonable business hours. The required operational records must also be made available for inspection by a…

17.50.210 MOTOR VEHICLE GRAVEYARDS Each motor vehicle graveyard is required to be licensed, but no fee is required. The graveyard shall be operated and maintained in accordance with the requirements of this subchapter which are applicable to motor vehicle wrecking facilities. Eve…

17.50.211 REIMBURSEMENT OF HIRED ABANDONED VEHICLE REMOVAL CHARGES The sheriff of each county and the chief of police of each city shall designate one or more persons within their agencies as authorized representatives for the purpose of submission of claims for reimbursement of …

17.50.212 DISTRICT DESIGNATION AND CLAIM SUBMITTAL The state is divided into 3 districts: District 1 consists of Big Horn; Carter; Custer; Daniels; Dawson; Fallon; Garfield; McCone; Phillips; Powder River; Prairie; Richland; Roosevelt; Rosebud; Sheridan; Treasure; Yellowstone; Va…

17.50.213 PAYMENT REQUESTS Payment requests shall consist of: standard billing document; and a completed authorization to remove the vehicle and request for reimbursement for each vehicle for which a claim for payment is made. The authorization and request must be on a form provi…

17.50.214 FUNDING ALLOCATION Funding available to the law enforcement agencies within a county for a fiscal year must be allocated based on 85% of the funding appropriated by the legislature for vehicle removal reimbursement during that fiscal year divided by the number of regist…

17.50.215 DISPOSAL OF JUNK VEHICLES THROUGH STATE DISPOSAL PROGRAM Except as provided in the rules pertaining to the sales of junk vehicles, the county shall notify the department for disposition of any junk vehicles located in a motor vehicle graveyard within the boundaries of t…

17.50.216 ITEMIZED ACCOUNTING BUDGET PROCEDURES--COUNTY JUNK VEHICLE PROGRAMS Each county junk vehicle program shall submit to the department an itemized accounting for the past fiscal year by December 31 before the department will approve the next fiscal year's budget. The itemi…

17.50.217 AUTHORIZED COUNTIES MAY SELL JUNK VEHICLES A county, with written authorization from the department, may sell junk vehicles from the motor vehicle graveyard to licensed motor vehicle wrecking facilities. This requirement of written authorization applies to motor vehicle…

17.50.218 APPROVAL OF COUNTY JUNK VEHICLE SALES A county must receive department approval prior to conducting junk vehicle sales. 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, admini…

17.50.219 CONDUCT OF COUNTY JUNK VEHICLE SALES 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. Sales shall be conducted on a competitive bidding basis. Junk vehicles may …

17.50.220 COUNTY TO REPORT JUNK VEHICLE SALES TO THE DEPARTMENT 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 …

17.50.221 SALE PROCEEDS TO BE DEPOSITED INTO THE JUNK VEHICLE PROGRAM ACCOUNT Proceeds from county junk vehicle sales must be deposited as follows: The salvage value of each vehicle sold must be sent to the department for deposit with the state treasurer and placement into the ju…

17.50.222 A VEHICLE OWNER MAY REQUEST A VEHICLE NOT BE SOLD 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 m…

17.50.223 REQUIREMENTS FOR PURCHASES FROM COUNTY GRAVEYARD 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: The purchaser mai…

17.50.301 STATE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PLAN 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 c…

17.50.401 PURPOSE 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. Authorizing statute(s): 75-10-115, 75-10-221, MCA Implementing statute(s): 75-10-115, 75-10-221, …

17.50.402 AUTHORITY 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 andcollect fees for the management and regulation of solid waste disposal. These fees may includ…

17.50.403 DEFINITIONS Unless the context requires otherwise, in this subchapter the following definitions apply: "Aerobic" means occurring in the presence of oxygen. "Barn waste" means the bedding, waste feed, manure and other animal excretions generated from the operation of a b…

17.50.404 APPLICABILITY 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. Authorizin…

17.50.410 ANNUAL OPERATING LICENSE REQUIRED 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…

17.50.411 DISPOSAL FEE 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 t…

17.50.412 ANNUAL REPORTING, CONSOLIDATED OPERATIONS, LICENSE CLASSIFICATIONS 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: service areas a…

17.50.415 APPLICATION REVIEW FEES--INITIAL LICENSE OR SUBSTANTIAL CHANGE TO AN EXISTING FACILITY 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 licen…

17.50.416 CONSOLIDATION OF LICENSES; FEES FOR CONSOLIDATED LICENSES 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: No more than 1 landfill may be consolidated under 1 solid w…

17.50.501 PURPOSE AND APPLICABILITY The purpose of this subchapter is to provide uniform standards governing the storage, treatment, recycling, recovery, and disposal of solid waste. The rules in this subchapter are adopted to discharge the department's responsibilities under Tit…

17.50.502 DEFINITIONS In addition to the definitions in 75-10-203, MCA, the following definitions apply to this subchapter: "Act" means the Montana Solid Waste Management Act, 75-10-201 through 75-10-233, MCA. "Active life" means the period of operation beginning with the initial…

17.50.503 WASTE GROUPS 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 cat…

17.50.504 DISPOSAL FACILITY CLASSIFICATIONS 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 …

17.50.505 STANDARDS FOR SOLID WASTE MANAGEMENT FACILITIES (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, MCA History: Eff. 12/31/72; AMD, Eff. 7/5/74; AMD, 1977 MAR p. 1170, Eff. 12/24/77; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHE…

17.50.506 DESIGN CRITERIA FOR LANDFILLS (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, MCA History: NEW, 1993 MAR p. 1645, Eff. 10/9/93; AMD, 1993 MAR p. 2672, Eff. 11/11/93; TRANS, from DHES, 1995 MAR p. 2253; AMD, 1997 MAR p. 1031, Eff. 6/…