(1) Except as provided in subsection (2), the department shall adopt rules governing the inspection and regulation of the transportation and management of infectious waste as defined in 75-10-1003. (2) The department may not adopt rules to regulate: (a) the generation of infectious waste; or (b) infectious waste storage or transportation that is regulated under 75-10-1006.
Department Rulemaking Authority For Infectious Waste
Mont. Code Ann. § 75-10-208, under Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act.
Mont. Code Ann. § 75-10-208