Montana Administrative Code

17.50.813 RECORDKEEPING REQUIREMENTS A licensee shall maintain the following records with the following information at the place of business indicated on the license application or other department-approved location: type of material deposited at each disposal location; location …

17.50.814 CAR WASH SUMPS AND OTHER SUMP WASTES A person may not remove or dispose of waste from a car wash sump or other sump unless the person is licensed by the department or is an owner, operator, or employee of the facility. The use of contract labor is prohibited unless the …

17.50.815 GREASE TRAP WASTES For the purpose of this rule, "grease interceptor" and "grease trap" mean grease trap. Oil/water separators at commercial and industrial facilities are not grease traps. Grease trap waste may not be discharged to a treatment works not specifically des…

17.50.816 PRIVY WASTE; PIT TOILET WASTE; PORTABLE TOILET WASTE; VESSEL PUMPOUT FACILITY WASTE; AND RECREATIONAL VEHICLE DUMP STATION WASTE Vessel pumpout facility waste must be managed in accordance with 23-2-522 (2) , MCA, and rules adopted under that section, and must be dispos…

17.50.819 INCORPORATION BY REFERENCE AND AVAILABILITY OF REFERENCED DOCUMENTS The department adopts and incorporates by reference: Department Circular DEQ-2, Design Standards for Public Sewage Systems (2018 edition), which sets forth design standards for public sewage systems; Me…

17.50.820 LICENSE DENIAL OR REVOCATION; APPEAL Pursuant to 75-10-1221, MCA, the department may issue an order denying or revoking a license. The department shall serve written notice of an order of denial or revocation, by certified mail, on the applicant or licensee or the agent…

17.53.1001 ADOPTION OF FEDERAL STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES (40 CFR 266) Except as provided otherwise in ARM 17.53.1002, the department hereby adopts and incorporates by reference 40 CFR 266,…

17.53.1002 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Additional hazardous wastes or wastes that may not be burned in a boiler or an industrial furnace are d…

17.53.1003 HAZARDOUS WASTES OR WASTES WHICH MAY NOT BE BURNED IN A BOILER OR INDUSTRIAL FURNACE The following hazardous wastes or wastes derived from any of the following wastes may not be burned in a boiler or industrial furnace: Materials identified with EPA hazardous waste num…

17.53.1004 BACKGROUND AND PERIODIC TESTING OF SOILS, SURFACE WATERS AND AQUIFERS The owners and operators of boilers and industrial furnaces burning hazardous waste shall perform background and periodic testing of soils, surface waters and aquifers. Soils must be sampled and anal…

17.53.101 PURPOSE The purpose of the rules in this chapter is to provide for the control of all hazardous wastes that are generated within, or transported to Montana for the purposes of storage, treatment, and disposal or for the purposes of resource conservation or recovery. The…

17.53.102 SCOPE OF RULES In the Administrative Rules of Montana (ARM) the terms "waste" and "solid waste" are used differently than in regulations promulgated by the U.S. Environmental Protection Agency (EPA). EPA uses the term "solid waste" to mean all waste materials subject to…

17.53.104 ADMINISTRATIVE PENALTY Assessment of an administrative penalty under this rule must be made in conjunction with an administrative order, notice of violation, or other administrative action authorized under Title 75, chapter 10, part 4, MCA. The order, notice of violatio…

17.53.105 INCORPORATION BY REFERENCE In accordance with the Act, these rules establish a hazardous waste management program that is the equivalent of the federal hazardous waste management program established by the United States Congress under the Resource Conservation and Recov…

17.53.106 SUBSTITUTION OF STATE PERMITTING PROCEDURES (REPEALED) Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 2001 MAR p. 169, Eff. 1/26/01; REP, 2005 MAR p. 442, Eff. 4/1/05.

17.53.107 SUBSTITUTION OF STATE TERMS FOR FEDERAL TERMS The following terms used in 40 CFR 124,260 through 268, 270, 273, or 279, as adopted and incorporated by reference in this chapter, have the meanings specified below, unless otherwise indicated in these rules: "Act" means th…

17.53.1101 ADOPTION OF FEDERAL LAND DISPOSAL RESTRICTIONS (40 CFR 268) Except as provided otherwise in ARM 17.53.1102, the department hereby adopts and incorporates by reference 40 CFR 268, pertaining to land disposal restrictions. Authorizing statute(s): 75-10-405, MCA Implement…

17.53.1102 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL LAND DISPOSAL RESTRICTIONS The department is not adopting and incorporating by reference the authority to grant the following exemptions to land disposal restrictions, which may be granted only by the administrator of EPA…

17.53.111 REGISTRATION OF GENERATORS, TRANSPORTERS, AND REVERSE DISTRIBUTORS Hazardous waste generators who accumulate, treat, store, dispose, transport, or offer for transportation hazardous waste shall register with the department, except as provided otherwise in (2). The follo…

17.53.112 FACILITY PERMIT FEES: APPLICATION, REISSUANCE, MODIFICATION, AND MAINTENANCE FEES For the purposes of this rule, the following definitions apply: "Class I facility" means a hazardous waste management facility that: contains one or more regulated landfill units, surface …

17.53.113 REGISTRATION AND REGISTRATION MAINTENANCE FEES: FEE ASSESSMENT For the purposes of this rule, "as-generated waste" means hazardous waste generated from tanks, containers, and other process units in the course of regular, ongoing commercial production, or other industria…

17.53.1201 ADOPTION OF FEDERAL PROCEDURES FOR STATE ADMINISTERED PERMIT PROGRAM (40 CFR 270 and 124) Except as provided otherwise in ARM 17.53.1202, the department adopts and incorporates by reference 40 CFR 270, pertaining to federal procedures for a state administered permit pr…

17.53.1202 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL PROCEDURES FOR STATE ADMINISTERED PERMIT PROGRAM In 40 CFR 124.5 and 124.16, pertaining to modifying, revoking, reissuing, terminating, or staying permits, all references to "Environmental Appeals Board" are replaced with…

17.53.1203 VALIDITY OF FEDERAL HAZARDOUS WASTE MANAGEMENT PERMITS Hazardous waste management facilities located in Montana that possessed an effective final hazardous waste management permit issued by EPA prior to September 16, 1983 (the effective date of former ARM Title 17, cha…

17.53.1301 ADOPTION OF FEDERAL UNIVERSAL WASTE RULE (40 CFR 273) Except as provided otherwise in ARM 17.53.1302, the department hereby adopts and incorporates by reference 40 CFR 273, pertaining to the universal waste rule. Authorizing statute(s): 75-10-404, 75-10-405, MCA Implem…

17.53.1302 EXCEPTIONS AND ADDITIONS TO ADOPTION OF UNIVERSAL WASTE RULE ARM 17.53.1303 contains the requirements for treatment of electric lamps. In 40 CFR 273.18(g) , 273.38(g) , and 273.61(c) , pertaining to off-site shipments, "department" is substituted for "appropriate regio…

17.53.1303 TREATMENT OF ELECTRIC LAMPS A handler of universal waste, as defined in 40 CFR 273.9, may treat waste lamps on-site by crushing or intentional breaking, only if: the crushing or breaking is conducted in the final accumulation container; the operation and maintenance of…

17.53.1401 ADOPTION OF FEDERAL STANDARDS FOR THE MANAGEMENT OF USED OIL (40 CFR 279) The department hereby adopts and incorporates by reference 40 CFR 279, pertaining to standards for management of used oil. Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-40…

17.53.1402 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS APPLICABLE TO THE MANAGEMENT OF USED OIL 40 CFR 279.82(b) , pertaining to the use of used oil as a dust suppressant, is not adopted and incorporated by reference. Authorizing statute(s): 75-10-405, MCA Implement…

17.53.1501 ADOPTION OF STANDARDS FOR OWNERS AND OPERATIONS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT (40 CFR 267) Except as provided otherwise in ARM 17.53.1502, the department adopts and incorporates by reference 40 CFR Part 267, pertaining to standardi…

17.53.1502 EXCEPTIONS AND ADDITIONS TO ADOPTION OF STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT In 40 CFR 267.12, pertaining to obtaining an EPA ID number, "You must apply to the state for an EPA identification number purs…

17.53.201 PURPOSE OF SUBCHAPTER The purpose of this subchapter is to insure that information obtained by the department regarding facilities and sites used for the treatment, storage and disposal of hazardous wastes, as those terms are defined in 40 CFR 260.10, is available to th…

17.53.202 DEFINITIONS In this subchapter, the following definition applies: "Record" means any paper, writing, photograph, sound or magnetic recording, drawing, form, book, correspondence, microfilm, magnetic tape, computer storage media, map, or other document or other similar m…

17.53.206 RECORDS AVAILABLE AUTOMATICALLY Any written request for the following types of records routinely distributed by the department shall be honored automatically: finalized press releases; copies of rules; educational materials (including pamphlets); and copies of speeches …

17.53.207 FORM OF REQUEST A request for information pertaining to a facility under this subchapter must be made in writing, must reasonably describe the records sought in a way that will permit their identification, and should be addressed to the Hazardous Waste Section, Waste an…

17.53.208 PRIVILEGED BUSINESS INFORMATION Any hazardous waste management facility that deems information that it submits to the department as confidential in that it is unique to the facility and would, if disclosed, reveal methods or processes entitled to protection as trade sec…

17.53.212 DEPARTMENT DECISION TO ANSWER REQUEST The department shall, within 10 business days after a request for records pertaining to facilities, issue a written statement to the requestor stating which of the requested records, if any, will not be released and the reason for t…

17.53.213 APPEAL Each written notice by the department of its decision to deny a request for a record under this subchapter must state the reasons for the denial and the opportunity for the requestor to appeal the initial denial to the board by filing a written notice of appeal w…

17.53.214 RECOVERY OF FEES AND COSTS OF ACTION Nothing in this subchapter shall prevent a party that substantially prevails in an action filed in the district court for access to information from recovering its reasonable court costs and attorney fees as provided by law. Authoriz…

17.53.215 FEES FOR SEARCHING AND COPYING The fees for copying records will be determined by the department and published in the department's policies and procedures. This fee may be reduced or waived by the department if furnishing the information can be considered as primarily b…

17.53.301 DEFINITIONS Except where inconsistent with the definitions in (2), the definitions in 40 CFR 260 through268, 270, 273, and 279areadopted and incorporated by reference. In this chapter, the following terms shall have the meanings or interpretations shown below: The "act …

17.53.401 NO STATE WASTE DELISTING - FEDERAL PETITION REQUIRED (REPEALED) Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2005 MAR p. 442, Eff. 4/1/05; AMD, 2014 MAR p. 1835, Eff. 8/8/14; REP, 2022 M…

17.53.402 ADOPTION OF FEDERAL PROCEDURES FOR VARIANCES FROM CLASSIFICATION AS A WASTE OR BOILER (REPEALED) Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2002 MAR p. 789, Eff. 3/15/02; REP, 2022 MAR…

17.53.403 ADOPTION OF FEDERAL PROCEDURES FOR ADDITIONAL REGULATION OF CERTAIN HAZARDOUS WASTE RECYCLING ACTIVITIES (REPEALED) Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 2001 MAR p. 169, Eff. 1/26/01; REP, 2022 MAR p. 693, Eff. 5/1…

17.53.404 ADOPTION OF HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL (40 CFR 260) Except as provided otherwise in ARM 17.53.405, the department adopts and incorporates by reference 40 CFR 260, Subpart A, Subpart B, and Subpart C pertaining to General Hazardous Waste Management. Autho…

17.53.405 EXCEPTIONS AND ADDITIONS TO ADOPTION OF HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL In 40 CFR 260.1(b)(1), references to "EPA" are retained.The department has separate rules governing access to information and confidentiality at ARM Title 17, chapter 53, subchapter 2. In…

17.53.406 NO STATE WASTE DELISTING – FEDERAL PETITION REQUIRED Waste generators may demonstrate that their wastes do not meet criteria utilized by EPA to list hazardous wastes.A successful petition results in that waste being excluded from regulation as a hazardous waste--often r…

17.53.501 ADOPTION OF FEDERAL PROCEDURES FOR IDENTIFICATION AND LISTING OF HAZARDOUS WASTE (40 CFR 261) Except as provided otherwise in ARM 17.53.502, the department hereby adopts and incorporates by reference 40 CFR 261, pertaining to identification, characteristics, listing, an…

17.53.502 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS FOR IDENTIFICATION AND LISTING OF HAZARDOUS WASTE The following language is substituted for the language in 40 CFR 261.2(f) , adopted and incorporated by reference in ARM 17.53.501: "Respondents in actions to enf…

17.53.601 ADOPTION OF FEDERAL STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE (40 CFR 262) Except as provided otherwise in ARM 17.53.602, the department hereby adopts and incorporates by reference 40 CFR 262, pertaining to hazardous waste generator standards. Authorizing st…