Montana Administrative Code

17.50.709 REPORTING AND PLANNING REQUIREMENTS (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff.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17.50.710 DEFINITION OF EXTENT OF CONTAMINATION (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-204, 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p.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17.50.715 PHASED LANDFILL CONSTRUCTION (REPEALED) Authorizing statute(s): 75-10-204(5), MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; TRANS, from DHES, 1995 MAR p.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17.50.716 LATERAL LANDFILL EXPANSION (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff.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17.50.720 MONITORING DURING CLOSURE (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff.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17.50.721 POST-CLOSURE MONITORING (REPEALED) Authorizing statute(s): 75-10-204(5), MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; TRANS, from DHES, 1995 MAR p.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17.50.722 MONITORING WELL ABANDONMENT (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff.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17.50.723 NO-MIGRATION DEMONSTRATION (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff.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17.50.724 MONITORING WELL NETWORK MAINTENANCE (REPEALED) Authorizing statute(s): 75-10-204, MCA Implementing statute(s): 75-10-207, MCA History: NEW, 1991 MAR p. 1937, Eff. 10/18/91; AMD, 1993 MAR p. 1645, Eff.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 (1) 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 …

17.50.802 DEFINITIONS In addition to the definitions in 75-10-1202, MCA, the following definitions apply in this subchapter: (1) "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. (2) "Agr…

17.50.803 LICENSURE, LICENSE APPLICATION, ANNUAL RENEWAL (1) 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 se…

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 (1) 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…

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 (1) A person may not apply pumpings to land within 500 feet of any occupied or inhabitable building. (2) A person may not apply pumpings to land within 150 feet of any state surface water, including ephemeral or intermittent drainages and wetlands…

17.50.810 SPECIAL CONDITIONS (1) A person may not apply pumpings to flooded, frozen, or snow covered ground if the pumpings may enter state waters. (2) A person may apply routine maintenance pumpings or emergency pumpings including, but not limited to, pumpings required due to se…

17.50.811 OPERATION AND MAINTENANCE REQUIREMENTS FOR LAND APPLICATION OR INCORPORATION OF SEPTAGE (1) A person may not apply septage to public contact sites or home lawns or gardens. (2) Bulk materials derived from septage, or materials derived from septage sold or given away in …

17.50.812 INSPECTIONS AND ENFORCEMENT (1) 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 pre…

17.50.813 RECORDKEEPING REQUIREMENTS (1) 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: (a) type of material deposited at each disposal location; (…

17.50.814 CAR WASH SUMPS AND OTHER SUMP WASTES (1) 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 …

17.50.815 GREASE TRAP WASTES (1) 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. (2) Grease trap waste may not be discharged to a treatment works not specific…

17.50.816 PRIVY WASTE; PIT TOILET WASTE; PORTABLE TOILET WASTE; VESSEL PUMPOUT FACILITY WASTE; AND RECREATIONAL VEHICLE DUMP STATION WASTE (1) Vessel pumpout facility waste must be managed in accordance with 23-2-522 (2) , MCA, and rules adopted under that section, and must be di…

17.50.819 INCORPORATION BY REFERENCE AND AVAILABILITY OF REFERENCED DOCUMENTS (1) The department adopts and incorporates by reference: (a) Department Circular DEQ-2, Design Standards for Public Sewage Systems (2018 edition), which sets forth design standards for public sewage sys…

17.50.820 LICENSE DENIAL OR REVOCATION; APPEAL (1) 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 a…

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) (1) Except as provided otherwise in ARM 17.53.1002, the department hereby adopts and incorporates by reference 40 CFR …

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 (1) Additional hazardous wastes or wastes that may not be burned in a boiler or an industrial furnace a…

17.53.1003 HAZARDOUS WASTES OR WASTES WHICH MAY NOT BE BURNED IN A BOILER OR INDUSTRIAL FURNACE (1) 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 numbers D017,…

17.53.1004 BACKGROUND AND PERIODIC TESTING OF SOILS, SURFACE WATERS AND AQUIFERS (1) The owners and operators of boilers and industrial furnaces burning hazardous waste shall perform background and periodic testing of soils, surface waters and aquifers. (2) Soils must be sampled …

17.53.101 PURPOSE (1) The rules in this chapter regulate hazardous wastes that are generated within or are transported to Montana. The rules address storage, treatment, and disposal for the purposes of resource conservation or recovery. (2) The rules in this chapter meet the depa…

17.53.102 SCOPE OF RULES (1) 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 subjec…

17.53.104 ADMINISTRATIVE PENALTY (1) 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. (a) The order, notice of …

17.53.105 INCORPORATION BY REFERENCE (1) 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 R…

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 (1) 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: (a) "Act"…

17.53.1101 ADOPTION OF FEDERAL LAND DISPOSAL RESTRICTIONS (40 CFR 268) (1) 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 Imple…

17.53.1102 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL LAND DISPOSAL RESTRICTIONS (1) 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…

17.53.111 REGISTRATION OF GENERATORS, TRANSPORTERS, AND REVERSE DISTRIBUTORS (1) 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). (2) T…

17.53.112 FACILITY PERMIT FEES: APPLICATION, REISSUANCE, MODIFICATION, AND MAINTENANCE FEES (1) For the purposes of this rule, the following definitions apply: (a) "Class I facility" means a hazardous waste management facility that: (i) contains one or more regulated landfill uni…

17.53.113 REGISTRATION AND REGISTRATION MAINTENANCE FEES: FEE ASSESSMENT (1) 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 indus…

17.53.1201 ADOPTION OF FEDERAL PROCEDURES FOR STATE ADMINISTERED PERMIT PROGRAM (40 CFR 270 and 124) (1) 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 permi…

17.53.1202 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL PROCEDURES FOR STATE ADMINISTERED PERMIT PROGRAM (1) 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 …

17.53.1203 VALIDITY OF FEDERAL HAZARDOUS WASTE MANAGEMENT PERMITS (1) Hazardous waste management facilities in Montana that had an effective final hazardous waste management permit issued by EPA before September 16, 1983, (the effective date of former ARM Title 17, chapter 54, su…

17.53.1301 ADOPTION OF FEDERAL UNIVERSAL WASTE RULE (40 CFR 273) (1) 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 Im…