Montana Administrative Code

17.50.507 CLASS II LANDFILL UNIT RESEARCH, DEVELOPMENT, AND DEMONSTRATION PLANS 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 landfil…

17.50.508 APPLICATION FOR SOLID WASTE MANAGEMENT SYSTEM LICENSE Prior to disposing of solid waste or operating a solid waste management system or expanding a licensed boundary, a person shall submit to the department for approval an application for a license to construct and oper…

17.50.509 OPERATION AND MAINTENANCE PLAN REQUIREMENTS 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 pl…

17.50.510 GENERAL OPERATIONAL AND MAINTENANCE REQUIREMENTS --SOLID WASTE MANAGEMENT SYSTEMS (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, MCA History: Eff. 12/31/72; AMD, Eff. 7/5/74; AMD, 1977 MAR p. 1170, Eff. 12/24/77;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. 1…

17.50.511 SPECIFIC OPERATIONAL AND MAINTENANCE REQUIREMENTS --SOLID WASTE MANAGEMENT SYSTEMS (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, MCA History: Eff. 12/31/72; AMD, Eff. 7/5/74; AMD, 1977 MAR p. 1170, Eff. 12/24/77;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. …

17.50.513 PROCESSING OF SOLID WASTE MANAGEMENT SYSTEM LICENSE APPLICATION 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 offi…

17.50.514 APPEAL OF DENIAL OR REVOCATION 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 d…

17.50.515 DURATION OF LICENSE 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. Licenses may be renewed on an annual basis by …

17.50.523 TRANSPORTATION Solid waste must be transported in such a manner so as to prevent its discharge, dumping, spilling, or leaking from the transport vehicle. Waste haulers transporting oilfield exploration and production waste must cover and secure loads and keep loads cove…

17.50.525 INSPECTIONS 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. Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, MCA Histo…

17.50.526 ENFORCEMENT (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; TRANS, Eff. 7/28/78; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. …

17.50.530 CLOSURE REQUIREMENTS 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; TRANS, from DHES, 1995 MAR p. 2253; AMD, 1997 MAR p. 689, Eff. 4/22/97; AMD, 1997 MAR p. 1031, Eff.…

17.50.531 POST-CLOSURE CARE REQUIREMENTS FOR CLASS II 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; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12/10.

17.50.540 FINANCIAL ASSURANCE REQUIREMENTS FOR CLASS II LANDFILLS 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 liab…

17.50.542 FINANCIAL ASSURANCE REQUIREMENTS FOR CLASS IV LANDFILLS (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, MCA History: NEW, 1997 MAR p. 1031, Eff. 6/24/97; REP, 2010 MAR p. 317, Eff. 2/12/10.

17.50.602 INITIAL APPLICATION 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: Name and business address of a…

17.50.603 NOTICE 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 syst…

17.50.605 PARTICIPATION IN HEARING 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…

17.50.606 CONDUCT OF HEARINGS 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. Authorizing statute(s…

17.50.609 DURATION OF VARIANCE 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. Authorizing statute(s): 75-10-204, MCA Implementing statute(s):…

17.50.610 VARIANCE REVIEW HEARING -- REVOCATION --MODIFICATION 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 violation of a condition of the variance occurs; or a complain…

17.50.611 RENEWAL OF A VARIANCE 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. After the department determines that the application for renewal of a variance is co…

17.50.701 PURPOSE AND APPLICABILITY (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; AMD, 1993 MAR p. 2672, Eff. 11/11/93; TRANS, from DHES, 199…

17.50.702 DEFINITIONS (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12/10.…

17.50.705 HYDROGEOLOGICAL AND SOILS STUDY (REPEALED) Authorizing statute(s): 75-10-204(5), MCA Implementing statute(s): 75-10-204, 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR …

17.50.706 LOCATION AND NUMBER OF MONITORING WELLS (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010…

17.50.707 MONITORING WELL CONSTRUCTION (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12…

17.50.708 SAMPLING AND ANALYSIS PLAN (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; AMD, 1993 MAR p. 2784, Eff. 11/25/93; TRANS, from DHES, 1995 MAR p. 2…

17.50.709 REPORTING AND PLANNING REQUIREMENTS (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Ef…

17.50.710 DEFINITION OF EXTENT OF CONTAMINATION (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; AMD, 1993 MAR p. 2784, Eff. 11/25/93; TRANS, fr…

17.50.715 PHASED LANDFILL CONSTRUCTION (REPEALED) Authorizing statute(s): 75-10-204(5), MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12/10.

17.50.716 LATERAL LANDFILL EXPANSION (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12/1…

17.50.720 MONITORING DURING CLOSURE (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12/10…

17.50.721 POST-CLOSURE MONITORING (REPEALED) Authorizing statute(s): 75-10-204(5), MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12/10.

17.50.722 MONITORING WELL ABANDONMENT (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12/…

17.50.723 NO-MIGRATION DEMONSTRATION (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12/1…

17.50.724 MONITORING WELL NETWORK MAINTENANCE (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Ef…

17.50.725 DEPARTMENT APPROVAL REQUIRED (REPEALED) Authorizing statute(s): 75-10-204(5), MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12/10.

17.50.726 INSPECTIONS (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253; REP, 2010 MAR p. 317, Eff. 2/12/10.

17.50.801 PURPOSE The purpose of this subchapter is to provide standards for the licensure of cesspool, septic tank and privy cleaning businesses and to establish uniform requirements for the disposal of septage, grease trap waste, privy waste, car wash sump waste, and other simi…

17.50.802 DEFINITIONS In addition to the definitions in 75-10-1202, MCA, the following definitions apply in this subchapter: "Agricultural land" means land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture. "Agronomic r…

17.50.803 LICENSURE, LICENSE APPLICATION, ANNUAL RENEWAL Except as provided in 75-10-1210 , MCA, a person may not engage in the business of cleaning cesspools, septic tanks, portable toilets, privies, grease traps, car wash sumps, or similar treatment works, or disposal of septag…

17.50.805 LICENSURE; DURATION OF LICENSE; FEES IS REPEALED Authorizing statute(s): 37-41-103, MCA Implementing statute(s): 37-41-201, 37-41-202, MCA History: NEW, 1984 MAR p. 258, Eff. 1/27/84; TRANS, from DHES, 1995 MAR p. 2253; REP, 2001 MAR p. 848, Eff. 5/25/01.

17.50.806 PROCESSING OF LICENSE APPLICATIONS The department shall review each submitted application for a new or renewed license to ensure that it is complete. If additional information is required, the department shall notify the applicant in writing within 30 days after the dep…

17.50.807 INSPECTIONS AND ENFORCEMENT IS REPEALED Authorizing statute(s): 37-41-103, MCA Implementing statute(s): 37-41-212, MCA History: NEW, 1984 MAR p. 258, Eff. 1/27/84; TRANS, from DHES, 1995 MAR p. 2253; REP, 2001 MAR p. 848, Eff. 5/25/01.

17.50.808 OPERATION AND MAINTENANCE REQUIREMENTS IS REPEALED Authorizing statute(s): 37-41-103, 75-10-204, MCA Implementing statute(s): 37-41-103, 75-10-204, MCA History: NEW, 1984 MAR p. 258, Eff. 1/27/84; TRANS, from DHES, 1995 MAR p. 2253; REP, 2001 MAR p. 848, Eff. 5/25/01.…

17.50.809 SPECIFIC SITE CRITERIA A person may not apply pumpings to land within 500 feet of any occupied or inhabitable building. A person may not apply pumpings to land within 150 feet of any state surface water, including ephemeral or intermittent drainages and wetlands. The de…

17.50.810 SPECIAL CONDITIONS A person may not apply pumpings to flooded, frozen, or snow covered ground if the pumpings may enter state waters. A person may apply routine maintenance pumpings or emergency pumpings including, but not limited to, pumpings required due to septic sys…

17.50.811 OPERATION AND MAINTENANCE REQUIREMENTS FOR LAND APPLICATION OR INCORPORATION OF SEPTAGE A person may not apply septage to public contact sites or home lawns or gardens. Bulk materials derived from septage, or materials derived from septage sold or given away in a bag or…

17.50.812 INSPECTIONS AND ENFORCEMENT The department and local health officers or local designated health representatives may conduct inspections of proposed disposal facilities for septage and other wastes regulated under this subchapter. Upon request, an inspector shall present…