Generation Licensing And Regulation -- Rulemaking Authority

Mont. Code Ann. § 75-10-1006, under Infectious Waste Management Act.

Mont. Code Ann. § 75-10-1006

(1) A person that is required to obtain a license from a board or department of the state to operate a health care facility, as defined in 50-5-101, or to engage in a profession or occupation: (a) may not generate infectious waste, store infectious waste at a place where infectious waste is generated, or transport infectious waste from the point of generation to an intermediate point without a license; and (b) shall comply with the rules adopted under this part by the board or department responsible for licensing that person. (2) A board or department of the state that issues a license to a person that generates infectious waste: (a) shall adopt rules to implement this part governing the following activities by a licensee: (i) generation of infectious waste; (ii) storage of infectious waste at a place where infectious waste is generated; (iii) transportation of infectious waste from the place of generation to an intermediate point; and (b) may impose and adjust annual fees commensurate with the costs of regulation.