(2) The purpose of this conference is to facilitate the development of an application that meets the requirements of the act and the rules. Also, any questions or comments relating to the proposed project can be discussed informally at this time to expedite the application and reduce the amount of correspondence that may otherwise be necessary. A statement made by any department official at the pre-application conference shall not be deemed an order or decision of the department.

(1) No application form will be provided. However, to facilitate uniformity, the application must:

(a) be typed, printed, or otherwise legibly reproduced on 8˝ x 11 inch paper. Maps, drawings, charts, or other documents bound in an application should be cut or folded to 8˝ x 11 inch size. Maps, drawings, or charts may accompany an application as separate exhibits;

(b) be consecutively numbered. Maps, drawings, or charts accompanying the application as exhibits should be identified as "Exhibit _," and if comprising more than 1 sheet should be numbered "Sheet _ of _";

(c) state the name, title, telephone number, and post office address of the person to whom communication in regard to the application should be made;

(d) contain a statement agreeing that all materials submitted by the applicant to the department are subject to public scrutiny; and

(e) contain a statement agreeing to keep and maintain adequate financial records for the project in accordance with department accounting procedures.

(2) The department will review the application to determine whether it is in compliance with the act and rules. If the department determines that the application is not in compliance with the act and rules, the department will return the application and notify the applicant in writing, listing the deficiencies. The application may be resubmitted after corrections are made.

(3) At the request of the department, the applicant shall provide any additional documentation or information as the department may deem necessary to insure compliance with the provisions of the act and rules.

(4) If an applicant desires to change or add to an application after it is formally filed, the applicant shall inform the department in writing as soon as possible of the change or addition. If the change or addition will result in a substantial change in the amount of funding requested or the goals and objectives stated in the original application, the department will consider the change or addition to constitute a new application.

(5) If 2 or more local governments make application for a joint solid waste management system, a single application shall be executed by all participating local governments. In addition, such application shall be accompanied by a resolution of each local government setting forth their respective responsibilities and commitments.

(6) If the solid waste management system includes the processing or disposal of solid waste generated by any local government other than the applicant, documentation acceptable to the department shall be submitted to the department setting forth the respective responsibilities and commitments of all parties involved in the project.

(7) Only local governments are eligible to apply for loans or grants under the act.

(2) A statement of intent to implement the solid waste management system investigated must be included if such planning shows the solid waste management system to be economically feasible.

(3) The department will review applications on a first-come, first-served basis, taking into consideration the plan that:

(a) includes the largest population;

(b) states the greatest financial need;

(c) encompasses the largest number of local governments;

(d) to the fullest extent possible utilizes private enterprise for planning purposes; and

(e) addresses the most pressing environmental and public health concerns.

(a) the amount in dollars of the grant being requested;

(b) documentation showing the local government has complied with bidding procedures required by law for purchase of capital equipment including a summary of the bid results;

(c) the solid waste management system plan complete with fiscal data and an analysis of alternative waste management systems which were considered when developing the final plan;

(d) a complete explanation of the method of permanent financing for the solid waste management system;

(e) institutional arrangements relating to ownership, operational participation, legal authority by which the system is developed, acknowledgement letter from the governing pollution control agencies, contractual arrangements listing performance bonds, damages, termination of agreements, and all other contractual arrangements;

(f) system coordination of participants, noting collection and transport systems, pre-processing requirements, final disposal responsibility, and any other systems necessary for the systematic control of the waste processing; and

(g) management systems delineating an organizational structure, establishing necessary technical services for operation, creating a project monitoring and evaluation system, and any other management requirements for the control of the complete system.

(a) that the proposed solid waste disposal/processing system or the proposed resource recovery system, or both, are compatible with the state solid waste management plan and the plan has been adopted by the development agency or all its constituents;

(b) that the solid waste upon which the development project is based will be delivered to the project;

(c) that the solid waste management system will not jeopardize the economic stability of existing solid waste disposal/processing systems or resource recovery systems which have already been approved by the department as part of an officially adopted solid waste management plan.

(d) that all federal and state permits or approvals necessary to implement the solid waste management system have been obtained; and

(e) that to the fullest extent possible private enterprise will be utilized for design, management, construction and operation of the facilities required to implement area-wide solid waste management systems.

(2) If studies indicate a type of resource recovery is more feasible than other types of solid waste management systems, a local government may choose not to implement the resource recovery alternative and still be eligible for a loan pursuant to the act provided the local government has held a public meeting to discuss its decision.

(3) Receipt of a loan by a local government under the act will not relieve the local government of the obligation of complying with all federal and state laws, regulations, and standards applicable to the project.

(a) a proposed budget showing how loan monies will be expended;

(b) an economic analysis of the proposed solid waste management system;

(c) a project timetable;

(d) a statement of the project's environmental compatibility;

(e) institutional arrangements relating to ownership, operational participation, legal authority by which the system is developed, acknowledgement letters from the governing pollution control agencies, contractual arrangements listing performance bonds, damages, termination or agreements, and all other contractual arrangements;

(f) system coordination of participants, noting collection and transport systems, pre-processing requirements, final disposal responsibility, and any other systems necessary for the systematic control of the waste processing; and

(g) management systems delineating an organizational structure, establishing necessary technical services for operation, creating a project monitoring and evaluation system, and any other management requirements for the control of the complete system.

(1) After a project has been given tentative approval, or placed on a priority list, whichever is applicable, written approval of the department is required for project changes which:

(a) alter the approved scope of the project;

(b) substantially alter the design of the project; or

(c) increase the amount of funds needed to complete the project.

(2) Approval of project changes pursuant to this subchapter shall not commit or obligate the state to increases in the amount of the grant or loan or both or disbursements thereunder unless such increase is agreed to by the department.

(2) An applicant shall submit, with the application, a written certification signed by the appropriate local government official having knowledge of local zoning ordinances that the operation of the proposed facility would not violate any local government zoning ordinance in effect on the date that the application is filed with the department. If the appropriate local government official states that the operation would violate such an ordinance, the department shall deny the license application. If the appropriate local government official fails to make the certification and the applicant indicates the failure in writing on the application, the department shall determine if a zoning ordinance would be violated. If it determines that the operation of the proposed facility would violate a zoning ordinance, the department shall deny the application. If it determines that the operation of the facility would not violate a zoning ordinance, the department shall continue to process the application.

(3) If the department determines that an application is not complete, it shall return the application to the applicant with a written statement that it is not complete. The department may not continue to process the application until the applicant submits a complete application. A determination that an application is not complete is not a denial of the application.

(4) As required by 75-10-516, MCA, in deciding whether to grant or deny a license application, the department shall consider the effect of the proposed facility on adjoining landowners and land uses.

(5) Before approving a license application and issuing a license, the department shall inspect the facility. The department may not issue a license if the facility is not in compliance with the shielding requirements of ARM 17.50.202.

(2) Shielding refers to fencing or other manmade barriers to conceal a facility from public view. It also refers to natural barriers. Any shielding barrier must conform to all local zoning, planning, building, and protective covenant provisions and any other legal restrictions that may be in effect for each wrecking facility site.

(3) A person possessing a junk vehicle shall shield it in compliance with the following requirements:

(a) Fences must be constructed of sound building materials.

(b) Rough dimensional lumber or better is acceptable. Slabs are not considered rough dimensional lumber. Other types of fencing of equivalent performance, attractiveness, and shielding qualities are also acceptable. Plastics or other materials placed over junk vehicles are not acceptable, except that a reasonably attractive car cover specifically designed to attach tightly to and cover a motor vehicle is acceptable for shielding one junk vehicle at a single location.

(c) If a fence is used, the boards may be spaced or slanted to reduce wind load. The space which may be seen from a broad-side view may not be more than 1½ inches wide when viewed at any angle from 45º to 90º to the fence. The interval between spaces may not be less than 7½ inches. Notwithstanding the spacing and interval requirements contained herein, chainlink metal fences with standard fiberglass or similar inserts are acceptable. The spacing in the fence must be no greater than 45º from vertical.

(d) Screening with shrubs and trees, while not subject to precise measurements, must provide a similar degree of shielding at all times of the year. Trees and shrubs can best be used in conjunction with other shielding materials to improve the appearance of the wrecking facility. A berm may also be used, provided the slopes of the berm are covered and graded smooth, with not less than 3 inches of top soil, and seeded with an adequate seeding formula.

(e) Shielding must be of sufficient height to shield junk vehicles on the premises from public view. If a facility is situated in a manner making it impractical to construct a fence or other shielding high enough to shield the facility, a series of fences or other shielding should be used. This is not intended to require that permanent buildings, utility poles, cranes, derricks, or similar structures be shielded.

(4) A person may not use a fence for shielding if it is made of material other than wood consisting of rough dimensional lumber or better, as provided in (3) (b) , or chain link with inserts, as provided in (3) (c) , unless the person first submits a request in writing to the department and obtains the department's written approval. Unless otherwise specifically approved by the department, a person may not use more than one type of approved shielding material on any one side of the facility. Unless otherwise specifically approved by the department, shielding on any one side of the facility must be of a uniform color.

(5) A licensee of a motor vehicle wrecking facility existing prior to July 1, 1973, that cannot be successfully shielded from certain viewpoints (for example, a view from a public road located at a higher elevation than a facility) shall shield as determined appropriate by the department on a case-by-case basis.

(6) The shielding must be maintained in a neat and workmanlike manner and must be replaced or repaired when necessary. Damage by vandals or other causes is the risk of the operator and is not to be reason for not maintaining the shielding.

(7) Shielding must not be used as a billboard. A maximum of two signs not to exceed 32 square feet each, advertising the business conducted on the premises, may be painted on or attached flush to the shielding.

(8) The following materials are not acceptable for use as shielding, but may be used as structural support for shielding if they are concealed from public view:

(a) semitrailers;

(b) shipping containers (an exception allowing use as shielding may be approved on a case-by-case basis) ;

(c) mobile homes;

(d) trailer houses; or

(e) baled tires (except that they may be used as shielding when encased in a material that will maintain the integrity of the bale upon failure of the bale restraining devices, as provided in 75-10-250, MCA) .

(1) If the department decides, after determining that an applicant for a license has met all the licensing requirements of this subchapter except for the shielding requirements in ARM 17.50.202, that a license should be issued when the applicant has complied with shielding requirements, the department shall issue and mail to the applicant a written statement that the applicant has complied with all requirements, other than shielding, of Title 75, chapter 10, part 5, MCA, and this subchapter, and that it has decided that a license should be issued if the shielding requirements are satisfied within eight months. If the applicant then complies with the shielding requirements in ARM 17.50.202 and submits acceptable evidence of that compliance to the department within eight months after the date that the department issued the statement, and otherwise remains in compliance with Title 75, chapter 10, part 5, MCA, and this subchapter, the department shall inspect and determine compliance under ARM 17.50.202(3). If it determines that the applicant is complying with shielding and other requirements, the department shall issue the license.

(2) If an applicant who has received a statement under (1) violates any requirement of Title 75, chapter 10, part 5, MCA, this subchapter, or an order of the department issued pursuant to Title 75, chapter 10, part 5, MCA, or this subchapter, the department may take enforcement or other action authorized by Title 75, chapter 10, part 5, MCA, or this subchapter.

(2) A motor vehicle wrecking facility must be in compliance with, or be operating under a compliance plan that will assure compliance with, 75-10-501 through 75-10-542, MCA, and these rules prior to receiving a renewed license.

(1) When the department determines to deny an application for a license, to deny the renewal of a license, or to revoke a license pursuant to 75-10-514, MCA, it shall notify the applicant or licensee of its intended action.

(2) The department shall give the applicant or licensee the opportunity to submit an acceptable compliance plan setting specific dates for compliance which shall be submitted within 10 days after receipt of the notification.

(3) Upon the failure of the applicant or licensee to submit an acceptable compliance plan within the prescribed time, the department may deny the application, deny the renewal, or revoke the license. The decision by the department to deny the application, deny the renewal, or revoke the license may be appealed pursuant to 75-10-515, MCA.

(2) Each county, through its designated representative, shall inspect each licensed motor vehicle wrecking facility within its boundaries at least annually.

(3) Upon notification of a licensee's intent to discontinue business, the county shall inspect the licensee's facility.

(2) Every motor vehicle graveyard shall maintain records on each vehicle placed in the graveyard.

(a) Each motor vehicle graveyard shall submit its records on each junk vehicle to the department on a quarterly basis. A form entitled "Motor Vehicle Graveyard Log Sheet" will be furnished by the department to record this information.

(b) A properly completed certificate of ownership, sheriff's certificate of sale, notarized bill of sale from the former owner or person selling the vehicle, release of ownership or interest in the motor vehicle, or sheriff's release must be obtained for each junk vehicle placed in a county motor vehicle graveyard. This documentation must be submitted to the department as soon as the junk vehicles are removed from the motor vehicle graveyard.

(3) If the county contracts for the establishment, maintenance, or operation of its free motor vehicle graveyard, or for the collection of junk vehicles, a copy of the contract must be furnished to the department. Prior department approval of the contract is required. The contract shall include a provision requiring the contractor to operate the free motor vehicle graveyard in strict compliance with all applicable laws and with the provisions of this subchapter. Any failure to operate the free motor vehicle graveyard in accordance with the requirements of the law or with the requirements of this subchapter will invalidate the contract.

(4) No salvage may be permitted from vehicles which have been released to a county junk vehicle program.

(5) The county shall publish and adequately disseminate in the county the hours of operation and other pertinent information regarding the procedures for the collection and acceptance of junk vehicles for each motor vehicle graveyard within its boundaries. Each motor vehicle graveyard must be supervised when open to the public.

(6) The department may require periodic reports from motor vehicle graveyards. Department representatives shall have physical access to each motor vehicle graveyard, its records, and operational procedure during reasonable hours of operation.

(7) Junk vehicles must be placed in an orderly manner within the motor vehicle graveyard site. Stacking the junk vehicles is permissible, provided they remain shielded from public view.

(8) If there are significant changes from the operation, establishment, location, or collection methods specified in the approved county plan, the county shall prepare and submit within six months of such change a new plan for approval by the department.

(2) Upon hiring a hired vehicle remover, the authorized law enforcement agency representative may submit to the department a request for the reimbursement provided for in 75-10-503 , MCA, or may authorize the hired vehicle remover to submit directly to the department a claim for payment to be made directly to the hired vehicle remover.

(1) The state is divided into 3 districts:

(a) District 1 consists of Big Horn; Carter; Custer; Daniels; Dawson; Fallon; Garfield; McCone; Phillips; Powder River; Prairie; Richland; Roosevelt; Rosebud; Sheridan; Treasure; Yellowstone; Valley; and Wibaux counties;

(b) District 2 consists of Blaine; Broadwater; Cascade; Chouteau; Carbon; Fergus; Gallatin; Golden Valley; Hill; Judith Basin; Liberty; Meagher; Musselshell; Park; Petroleum; Stillwater; Sweet Grass; and Wheatland counties; and

(c) District 3 consists of Beaverhead; Deer Lodge; Flathead; Glacier; Granite; Jefferson; Lake; Lewis and Clark; Lincoln; Madison; Mineral; Missoula; Pondera; Powell; Ravalli; Sanders; Silver Bow; Teton; and Toole counties.

(2) To assure prompt payment of claims, hired vehicle removers shall submit claims to the department on the following schedule:

(a) Hired vehicle removers located within District 1 shall submit claims in January, April, July, and October;

(b) Hired vehicle removers located within District 2 shall submit claims in February, May, August, and November; and

(c) Hired vehicle removers located within District 3 shall submit claims in March, June, September, and December.

(1) Payment requests shall consist of:

(a) standard billing document; and

(b) a completed authorization to remove the vehicle and request for reimbursement for each vehicle for which a claim for payment is made. The authorization and request must be on a form provided by the department.

(2) The authorization to tow and request for reimbursement form must be signed by a representative designated pursuant to ARM 17.50.211. If the form is not signed, the form must be considered incomplete and payment must be denied. The claim may be resubmitted.

(3) The department shall pay each claim at the flat rate of $125 per vehicle removed.

(4) When a vehicle is sold pursuant to 61-12-404, MCA, the sheriff or the police department must notify the department and identify the vehicle sold.

(5) Each hired vehicle remover is encouraged to report to the department all abandoned vehicles hauled, even if no claim for payment is submitted.

(6) Proceeds from the sale of a vehicle at a sheriff's sale pursuant to 61-12-407(2), MCA, must be used to reimburse the department for the hired removal charge paid by the department.

(7) If an abandoned vehicle is reclaimed by the owner and the hired vehicle remover has received payment from the department for the hauling charge, the hired vehicle remover shall reimburse the department the paid removal charge.

(8) If a hired vehicle remover fails to report to the department that an owner has reclaimed an abandoned vehicle or fails to make a reimbursement required by (7), the department may declare the hired vehicle remover to be ineligible for future reimbursements for removal costs.

(2) Fifteen percent of the legislatively appropriated funding for each fiscal year must be used as a contingency fund to be allocated on an "as needed" basis for extraordinary vehicle removal efforts. Whenever there is a need for additional funding to support higher than allocated funding levels, the law enforcement agency may request supplemental funding from the contingency fund.

(3) If the law enforcement agencies within a county do not use that county's full allocation, the unused portion of the allocation may be reapportioned as part of the contingency fund established in (2) .

(2) Any junk vehicle designated by the county as eligible for inclusion in a county sale of junk vehicles must be placed in an orderly manner in a separate defined area of the graveyard.

(3) A motor vehicle wrecking facility may request the department to contract for removal of junk vehicles from its premises if there is an accumulation of at least 200 vehicles at the facility. If the department can handle such requests, the motor vehicle wrecking facility is to surrender to the department all records maintained on the vehicle.

(1) Each county junk vehicle program shall submit to the department an itemized accounting for the past fiscal year by December 31 before the department will approve the next fiscal year's budget.

(2) The itemized accounting must be submitted on forms provided by the department.

(3) A county's junk vehicle budget for each fiscal year must be spent, encumbered (purchase order or signed contract), or, subject to the limitations set forth in 75-10-521, MCA, designated to a motor vehicle recycling and disposal capital improvement fund by June 30.

(4) Prior to paying a county's approved budget as provided for in 75-10-534, MCA, the department shall deduct any funds from the county's approved budget for the past fiscal year that were not spent, encumbered, or designated to a motor vehicle recycling and disposal capital improvement fund by June 30.

(5) Any proposed changes in the budget during a fiscal year must be submitted to the department for approval, prior to expenditure for the proposed change.

(6) In addition to the accounting required by (1) and (2), an itemized accounting of revenues realized by the county from the sales of junk vehicles must be submitted for each past fiscal year on a form provided by the department. This additional accounting must be submitted before an approval will be granted for the next fiscal year's budget.

(1) A county, with written authorization from the department, may sell junk vehicles from the motor vehicle graveyard to licensed motor vehicle wrecking facilities. This requirement of written authorization applies to motor vehicle graveyards operated by a contractor in addition to motor vehicle graveyards operated by the county.

(2) A county wishing to obtain approval to conduct such sales must submit a plan to the department detailing how the vehicle sales will be noticed, administered, and conducted.

(3) Plans that are submitted which are inconsistent with any of the applicable rules of the department relating to junk vehicles will not be approved.

(4) Upon approval by the department, the county may conduct sales in accordance with the procedures specified in the approved plan. Once approval is granted to the county, it will remain in effect until revoked by the department or until the county requests termination.

(5) If the county desires to make changes in its procedures for sales of junk vehicles, the county must submit an updated plan to the department for approval prior to implementing such changes in its procedures.

(6) If a county fails to comply with the requirements of this subchapter, the department may revoke the approval of the county junk vehicle sale plan.

(2) Sales shall be conducted on a competitive bidding basis.

(3) Junk vehicles may be sold only to licensed motor vehicle wrecking facilities. All bidders must provide proof of a valid motor vehicle wrecking facility license prior to the sale.

(4) Junk vehicles must be sold as complete units. Portions or component parts of junk vehicles may not be sold.

(5) A properly completed title, sheriff's certificate of sale, or sheriff's release must be provided by the county to the purchaser at the time the purchaser takes possession of the vehicle. In addition, the county shall provide to the purchaser a sales receipt and a signed release of interest statement from the county junk vehicle program.

(6) The county shall issue sales receipts and release of interest statements on forms provided by the department.

(7) Payment must be made by the purchaser on the day of the sale in the form of a business check, certified check, guaranteed bank draft or money order.

(8) The purchaser of a vehicle must remove the vehicle from the motor vehicle graveyard within three working days of the date of the sale.

(a) The salvage value of each vehicle sold must be sent to the department for deposit with the state treasurer and placement into the junk vehicle account established pursuant to 75-10-532 , MCA.

(b) The sale proceeds in excess of the salvage values of the vehicles sold may be retained by the county for use in the county's junk vehicle program, in addition to the approved junk vehicle collection and graveyard budget of the county. If the county retains the excess proceeds, it shall deposit the excess proceeds in the county's junk vehicle program account. If the county does not retain the excess proceeds, it shall remit the excess proceeds to the department within 30 days of the date of the sale.

(2) If the owner or possessor of a vehicle released to the county junk vehicle program requests that the vehicle be disposed of only through crushing and recycling and that the vehicle not be sold, the county may not sell the junk vehicle.

(a) The purchaser maintains and is currently covered by the appropriate liability insurance required by law;

(b) The purchaser is familiar with the motor vehicle equipment requirements of Montana law as they pertain to the safe transport of disabled vehicles, as enforced by the Montana Highway Patrol, and intends to fully comply with such requirements;

(c) The purchaser is familiar with the department's requirements relating to the proper shielding of a junk vehicle, is in current compliance with such requirements, and intends to fully comply with such requirements.

(2) Any person who, at the time of the sale, is not in current compliance with the shielding requirements found in these regulations may not be permitted to purchase a junk vehicle pursuant to these rules.

(1) The department adopts and incorporates by reference the Integrated Waste Management Plan (IWMP), 2013 edition, as the state solid waste management and resource recovery plan. Copies of the plan may be obtained by contacting the Energy and Pollution Prevention Bureau, Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; by phone at (406) 841-5200; or at http://www.deq.mt.gov/Recycle/intewastemanag.mcpx.

(2) "Department" means the Department of Environmental Quality provided for in 2-15-3501, MCA.

(a) a license application fee that reflects the cost of reviewing a new solid waste management system or substantial change to an existing facility;

(b) a flat annual license renewal fee that reflects a minimal base fee related to the fixed costs of an annual inspection and license renewal based upon the categorization of solid waste management facilities into separate classes identified by the following criteria:

(i) the quantity of solid waste received by the solid waste management facility;

(ii) the nature of the solid waste received;

(iii) the nature of the waste management occurring within the solid waste management system; and

(c) a tonnage-based fee on solid waste disposal.

Unless the context requires otherwise, in this subchapter the following definitions apply:

(1) "Barn waste" means the bedding, waste feed, manure and other animal excretions generated from the operation of a barn or feedlot.

(2) "Board" means the Board of Environmental Review provided for in 2-15-3502, MCA.

(3) "Co-composting" means the simultaneous composting of two or more diverse waste streams.

(4) "Commercial waste" means waste generated from stores, offices, restaurants, food processing facilities, warehouses, and other non-manufacturing activities, and non-processing wastes such as office and packing waste generated at industrial facilities.

(5) "Composting" means the controlled biological decomposition of organic solid waste under aerobic conditions.

(6) "Contaminated soil" means soil, rocks, dirt, or earth that has been made impure by contact, commingling, or consolidation with organic compounds such as petroleum hydrocarbons. This definition does not include soils contaminated solely by inorganic metals, soils that meet the definition of hazardous waste under ARM Title 17, chapter 53, or regulated PCB (polychlorinated biphenyls) contaminated soils.

(7) "Department" means the Department of Environmental Quality provided for in 2-15-3501, MCA.

(8) "Dispose" or "disposal" means the discharge, injection, deposit, dumping, spilling, leaking, or placing of any solid waste into or onto the land so that the solid waste or any constituent of it may enter the environment or be emitted into the air or discharged into any waters, including ground water.

(9) "Facility" means a manufacturing, processing, or assembly establishment; a transportation terminal, or a treatment, storage, or disposal unit operated by a person at one site. This definition does not include infectious waste incinerators or other facilities that:

(a) control the generation, transportation, treatment, storage, or disposal of infectious waste, as that term is defined in 75-10-1003(4), MCA;

(b) are owned by and operated as a part of a profession, occupation, or health care facility that generates infectious waste and that is licensed by a board or department of the state; and

(c) do not control the treatment, storage, or disposal of non-infectious solid waste.

(10) "Farm waste" means waste from farms that is not household waste, hazardous waste, or barn waste. It includes, but is not limited to, cull potatoes and spoiled crops such as hay or grain.

(11) "Household hazardous waste" means products commonly used in the home that due to corrosivity, ignitability, reactivity, toxicity, or other chemical or physical properties are dangerous to human health or the environment. Household hazardous waste includes, but is not limited to, cleaning, home maintenance, automobile, personal care, and yard maintenance products.

(12) "Household waste" means any solid waste derived from households, including single and multiple residences, hotels and motels, crew quarters, campgrounds, and other public recreation and public land management facilities.

(13) "Interim closure" means the period of time from the department's receipt of the certification required in ARM 17.50.1403(10) until the department approves that certification.

(14) "Intermediate Class II facility" means a Class II facility with a planned capacity of more than 5,000 tons per year but not more than 25,000 tons per year.

(15) "Intermediate incinerator" means an incinerator facility with a planned capacity of more than 5,000 tons per year but not more than 25,000 tons per year.

(16) "Intermediate landfarm facility" means a landfarm facility that has more than 1,600 cubic yards but less than 8,000 cubic yards of contaminated soil, from single or multiple events, undergoing treatment and accepted for treatment at the facility at any time during a calendar year.

(17) "Landfarm facility" means a solid waste management system engaged in the controlled remediation through landfarm treatment technologies of non-hazardous contaminated soil that is not subject to regulation under the underground storage tank/leaking underground storage tank statutes and rules found in Title 75, chapter 11, MCA, and ARM Title 17, chapter 56.

(18) "Large composter operation" means a composting operation that does not meet the definition of small composter operation. Co-composters and facilities that accept sewage sludge for composting are large composter operations.

(19) "Major Class II facility" means a Class II facility with a planned capacity of more than 25,000 tons per year.

(20) "Major Class III facility" means a Class III facility that disposes of 1,000 tons or more of material per year.

(21) "Major Class IV facility" means a Class IV facility with a planned capacity of 1,000 tons or more per year.

(22) "Major incinerator" means an incinerator facility with a planned capacity of more than 25,000 tons per year.

(23) "Major landfarm facility" means a landfarm facility that has 8,000 cubic yards or more of contaminated soil, from single or multiple events, undergoing treatment and accepted for treatment at the facility at any time during a calendar year.

(24) "Minor Class II facility" means a Class II facility with a planned capacity of not more than 5,000 tons per year.

(25) "Minor Class III facility" means a Class III facility that disposes of less than 1,000 tons of material per year.

(26) "Minor Class IV facility" means a Class IV facility of less than 1,000 tons per year.

(27) "Minor incinerator" means an incinerator facility with a planned capacity of not more than 5,000 tons per year.

(28) "Minor landfarm facility" means a landfarm facility that has up to 1,600 cubic yards of contaminated soil from single or multiple events either undergoing treatment or accepted for treatment at the facility.

(29) "MSW composting" means municipal solid waste composting and is the controlled degradation of municipal solid waste. This includes the composting of municipal solid waste after some form of preprocessing to remove non-compostable inorganic materials.

(30) "Municipal solid waste landfill" means any publicly or privately owned landfill or landfill unit that receives household waste or other types of waste, including commercial waste, non-hazardous sludge, and industrial solid waste. The term does not include land application units, surface impoundments, injection wells, or waste piles.

(31) "One-time household hazardous waste collection event" means a collection of household hazardous waste from the public with a frequency no greater than annually at any given location.

(32) "One-time landfarm" means a landfarm facility for remediation of less than 1,600 cubic yards of non-hazardous contaminated soil generated from a single event, regardless of the source.

(33) "Person" means an individual, firm, partnership, company, association, corporation, city, town, local governmental entity, or any other governmental or private entity, whether organized for profit or not.

(34) "Post-consumer recycling" means the reuse of materials generated from residential and commercial waste, excluding recycling of material from industrial processes that has not reached the consumer, such as glass broken in the manufacturing process.

(35) "Recyclables" are materials that still have useful physical or chemical properties after serving their original purpose and that can, therefore, be reused or remanufactured into additional products.

(36) "Recycling" means the process by which materials otherwise destined for disposal are collected, reprocessed or remanufactured, and reused.

(37) "Recycling facility" means a facility, generally open to the public, that handles only source-separated or presorted material for the purpose of recycling either in bulk or in container(s) with a total site capacity of more than 40 cubic yards.

(38) "Remediate" means to treat contaminated soil to the point that it no longer poses a threat to human health or the environment.

(39) "Residue" is the materials remaining after processing, incineration, composting, or recycling have been completed. Residues are usually disposed of in sanitary landfills.

(40) "Resource recovery" means the recovery of material or energy from solid waste.

(41) "Resource recovery facility" means a facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse.

(42) "Resource recovery system" means a solid waste management system which provides for the collection, separation, recycling, or recovery of solid wastes, including disposal of nonrecoverable waste residues.

(43) "Reuse" is the use of a product more than once in its same form for the same purpose; e.g., a soft drink bottle is reused when it is returned to the bottling company for refilling.

(44) "Small composter operation" means a composting operation that:

(a) has less than two acres of active working area;

(b) accepts less than 10,000 cubic yards annually; and

(c) produces less than 1,000 tons of compost annually; and either:

(i) accepts primarily yard waste, with a maximum of 25% barn or farm waste, by weight; or

(ii) accepts primarily farm or barn waste generated on-site.

(45) "Solid waste" means all putrescible and nonputrescible wastes including, but not limited to, garbage; rubbish; refuse; ashes; sludge from sewage treatment plants, water supply treatment plants, or air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials. "Solid waste" does not mean municipal sewage, industrial wastewater effluents, mining wastes regulated under the mining and reclamation laws administered by the department, slash and forest debris regulated under laws administered by the department, or marketable byproducts.

(46) "Solid waste management system" means a system which controls the storage, treatment, recycling, recovery, or disposal of solid waste. Such a system may be composed of one or more solid waste management facilities. This term does not include hazardous waste management systems.

(47) "Source reduction" is the design, manufacture, acquisition, and reuse of materials so as to minimize the quantity and/or toxicity of waste produced. Source reduction prevents waste either by redesigning products or by otherwise changing societal patterns of consumption, use, and waste generation.

(48) "Source separation" is the segregation of specific materials at the point of generation for separate collection. Residences source separate recyclables as part of a curbside recycling program.

(49) "Substantial change" means any change in the operation, ownership, or siting of a facility in which review by the department takes more than 24 hours.

(50) "Storage" means the actual or intended containment of wastes, either on a temporary basis or for a period of years.

(51) "Transfer station" means a solid waste management facility that can have a combination of structures, machinery, or devices, where solid waste is taken from collection vehicles (public, commercial, or private) and placed in other transportation units for movement to another solid waste management facility.

(52) "Transport" means the movement of wastes from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal.

(53) "Treatment" means a method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any solid waste so as to neutralize the waste or so as to render it safer for transport, amenable for recovery, amenable for storage, or reduced in volume.

(54) "Yard waste" means leaves, grass clippings, prunings, and other natural organic matter discarded from yards, gardens, parks, etc.

Unless the context requires otherwise, in this subchapter the following definitions apply:

(1) "Aerobic" means occurring in the presence of oxygen.

(2) "Barn waste" means the bedding, waste feed, manure and other animal excretions generated from the operation of a barn or feedlot.

(3) "Board" means the Board of Environmental Review provided for in 2-15-3502, MCA.

(4) "Commercial waste" means waste generated from stores, offices, restaurants, food processing facilities, warehouses, and other non-manufacturing activities, and non-processing wastes such as office and packing waste generated at industrial facilities.

(5) "Composting" means the controlled biological decomposition of organic solid waste under aerobic conditions.

(6) "Contaminated soil" means soil, rocks, dirt, or earth that has been made impure by contact, commingling, or consolidation with organic compounds such as petroleum hydrocarbons. This definition does not include soils contaminated solely by inorganic metals, soils that meet the definition of hazardous waste under ARM Title 17, chapter 53, or regulated PCB (polychlorinated biphenyls) contaminated soils.

(7) "Custom exempt butcher operation" means a processor that only processes meat that is not sold and is only consumed by:

(a) the owner of the animal;

(b) the owner's immediate family; and

(c) non-paying guests.

(8) "Department" means the Department of Environmental Quality provided for in 2-15-3501, MCA.

(9) "Dispose" or "disposal" means the discharge, injection, deposit, dumping, spilling, leaking, or placing of any solid waste into or onto the land so that the solid waste or any constituent of it may enter the environment or be emitted into the air or discharged into any waters, including ground water.

(10) "Facility" means a manufacturing, processing, or assembly establishment; a transportation terminal, or a treatment, storage, or disposal unit operated by a person at one site. This definition does not include infectious waste incinerators or other facilities that:

(a) control the generation, transportation, treatment, storage, or disposal of infectious waste, as that term is defined in 75-10-1003(4), MCA;

(b) are owned by and operated as a part of a profession, occupation, or health care facility that generates infectious waste and that is licensed by a board or department of the state; and

(c) do not control the treatment, storage, or disposal of non-infectious solid waste.

(11) "Farm waste" means waste from farms that is not household waste, hazardous waste, or barn waste. It includes, but is not limited to, cull potatoes and spoiled crops such as hay or grain.

(12) "Feedstock" means any decomposable material used in the manufacture of compost.

(13) "Floodplain" means the lowland and relatively flat areas adjoining inland waters, including flood-prone areas that are inundated by the 100-year flood, including an area designated as a "floodplain," "flood zone," or "special flood hazard area" by a state or federal agency.

(14) "Household hazardous waste" means products commonly used in the home that due to corrosivity, ignitability, reactivity, toxicity, or other chemical or physical properties are dangerous to human health or the environment. Household hazardous waste includes, but is not limited to, cleaning, home maintenance, automobile, personal care, and yard maintenance products.

(15) "Household waste" means any solid waste derived from households, including single and multiple residences, hotels and motels, crew quarters, campgrounds, and other public recreation and public land management facilities.

(16) "Infectious waste" has the meaning specified in 75-10-1003, MCA.

(17) "Interim closure" means the period of time from the department's receipt of the certification required in ARM 17.50.1403(10) until the department approves that certification.

(18) "Intermediate Class II facility" means a Class II facility with a planned capacity of more than 5,000 tons per year but not more than 25,000 tons per year.

(19) "Intermediate incinerator" means an incinerator facility with a planned capacity of more than 5,000 tons per year but not more than 25,000 tons per year.

(20) "Intermediate landfarm facility" means a landfarm facility that has more than 2,400 cubic yards but less than 8,000 cubic yards of contaminated soil, from single or multiple events, undergoing treatment and accepted for treatment at the facility at any time during a calendar year.

(21) "Landfarm facility" means a solid waste management system engaged in the controlled remediation through landfarm treatment technologies of non-hazardous contaminated soil that is not subject to regulation under the underground storage tank/leaking underground storage tank statutes and rules found in Title 75, chapter 11, MCA, and ARM Title 17, chapter 56.

(22) "Major Class II facility" means a Class II facility with a planned capacity of more than 25,000 tons per year.

(23) "Major Class III facility" means a Class III facility that disposes of 1,000 tons or more of material per year.

(24) "Major Class IV facility" means a Class IV facility with a planned capacity of 1,000 tons or more per year.

(25) "Major compost facility" means a composting facility that:

(a) meets any of the following criteria:

(i) has greater than two acres of active working area;

(ii) accepts 5,000 cubic yards or more of composting feedstock annually; or

(iii) produces 2,500 cubic yards more of finished compost annually or;

(b) accepts:

(i) sewage sludge, biosolid, or septage for composting; or

(ii) 200 tons or more of offal from custom exempt butcher operations.

(26) "Major incinerator" means an incinerator facility with a planned capacity of more than 25,000 tons per year.

(27) "Major landfarm facility" means a landfarm facility that has 8,000 cubic yards or more of contaminated soil, from single or multiple events, undergoing treatment and accepted for treatment at the facility at any time during a calendar year.

(28) "Minor Class II facility" means a Class II facility with a planned capacity of not more than 5,000 tons per year.

(29) "Minor Class III facility" means a Class III facility that disposes of less than 1,000 tons of material per year.

(30) "Minor Class IV facility" means a Class IV facility of less than 1,000 tons per year.

(31) "Minor compost facility" means a composting facility that does not meet the definition of a major compost facility and that:

(a) meets all of the following criteria:

(i) has two acres or less of active working area;

(ii) accepts less than 5,000 cubic yards of compost feedstock annually; and

(iii) produces less than 2,500 cubic yards of finished compost annually;

(b) does not accept sewage sludge, biosolids, or septage; or

(c) accepts less than 200 tons of offal from custom exempt butcher operations.

(32) "Minor incinerator" means an incinerator facility with a planned capacity of not more than 5,000 tons per year.

(33) "Minor landfarm facility" means a landfarm facility that has up to 2,400 cubic yards of contaminated soil from single or multiple events either undergoing treatment or accepted for treatment at the facility.

(34) "MSW composting" means municipal solid waste composting and is the controlled degradation of municipal solid waste. This includes the composting of municipal solid waste after some form of preprocessing to remove non-compostable inorganic materials.

(35) "Municipal solid waste landfill" means any publicly or privately owned landfill or landfill unit that receives household waste or other types of waste, including commercial waste, non-hazardous sludge, and industrial solid waste. The term does not include land application units, surface impoundments, injection wells, or waste piles.

(36) "One-time household hazardous waste collection event" means a collection of household hazardous waste from the public with a frequency no greater than annually at any given location.

(37) "One-time landfarm" means a landfarm facility for the remediation of less than 2,400 cubic yards of non-hazardous contaminated soil generated from a single source that will not be used to treat contaminated soil from multiple sources on an on-going basis.

(38) "Person" means an individual, firm, partnership, company, association, corporation, city, town, local governmental entity, or any other governmental or private entity, whether organized for profit or not.

(39) "Post-consumer recycling" means the reuse of materials generated from residential and commercial waste, excluding recycling of material from industrial processes that has not reached the consumer, such as glass broken in the manufacturing process.

(40) "Recyclables" are materials that still have useful physical or chemical properties after serving their original purpose and that can, therefore, be reused or remanufactured into additional products.

(41) "Recycling" means the process by which materials otherwise destined for disposal are collected, reprocessed or remanufactured, and reused.

(42) "Recycling facility" means a facility, generally open to the public, that handles only source-separated or presorted material for the purpose of recycling either in bulk or in container(s) with a total site capacity of more than 40 cubic yards.

(43) "Remediate" means to treat contaminated soil to the point that it no longer poses a threat to human health or the environment.

(44) "Residue" is the materials remaining after processing, incineration, composting, or recycling have been completed. Residues are usually disposed of in sanitary landfills.

(45) "Resource recovery" means the recovery of material or energy from solid waste.

(46) "Resource recovery facility" means a facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse.

(47) "Resource recovery system" means a solid waste management system which provides for the collection, separation, recycling, or recovery of solid wastes, including disposal of nonrecoverable waste residues.

(48) "Reuse" is the use of a product more than once in its same form for the same purpose; e.g., a soft drink bottle is reused when it is returned to the bottling company for refilling.

(49) "Sewage sludge" or "septage" has the meaning specified in ARM 17.50.802.

(50) "Solid waste" means all putrescible and nonputrescible wastes including, but not limited to, garbage; rubbish; refuse; ashes; sludge from sewage treatment plants, water supply treatment plants, or air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials. "Solid waste" does not mean municipal sewage, industrial wastewater effluents, mining wastes regulated under the mining and reclamation laws administered by the department, slash and forest debris regulated under laws administered by the department, or marketable byproducts.

(51) "Solid waste management system" means a system which controls the storage, treatment, recycling, recovery, or disposal of solid waste. Such a system may be composed of one or more solid waste management facilities. This term does not include hazardous waste management systems.

(52) "Source" means the facility or origin of release that created contaminated soil.

(53) "Source reduction" is the design, manufacture, acquisition, and reuse of materials so as to minimize the quantity and/or toxicity of waste produced. Source reduction prevents waste either by redesigning products or by otherwise changing societal patterns of consumption, use, and waste generation.

(54) "Source separation" is the segregation of specific materials at the point of generation for separate collection. Residences source separate recyclables as part of a curbside recycling program.

(55) "Substantial change" means any change in the operation, ownership, or siting of a facility in which review by the department takes more than 24 hours.

(56) "Storage" means the actual or intended containment of wastes, either on a temporary basis or for a period of years.

(57) "Transfer station" means a solid waste management facility that can have a combination of structures, machinery, or devices, where solid waste is taken from collection vehicles (public, commercial, or private) and placed in other transportation units for movement to another solid waste management facility.

(58) "Transport" means the movement of wastes from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal.

(59) "Treatment" means a method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any solid waste so as to neutralize the waste or so as to render it safer for transport, amenable for recovery, amenable for storage, or reduced in volume.

(60) "Waste generation" means the act or process of producing waste materials.

(61) "Yard waste" means leaves, grass clippings, prunings, and other natural organic matter discarded from yards, gardens, parks, etc.

(1) Except as provided in 75-10-214, MCA, this subchapter applies to any person disposing of solid waste or operating or maintaining a solid waste management system involved in the storage, treatment, recycling, recovery, or disposal of solid waste.

(1) Except as provided in 75-10-214, MCA, no person may dispose of solid waste or operate or maintain a solid waste management system after July 1, 1991, without an operating license from the department. The license period is July 1 through June 30.

(a) When an applicant for a license to operate a solid waste management system submits to the department the license application required by ARM 17.50.508, the department will determine the applicable fee specified in Table 3 and send an invoice to the applicant within seven working days after receipt of the application. The department shall begin processing the application upon receipt of the invoiced amount.

(b) A licensee shall file an annual report with the department by April 1 of each year. The report must be filed on a form provided by the department.

(c) The department shall mail invoices for license renewal fees to licensees by June 15 of each year. The department shall calculate and assess license renewal fees in accordance with Table 1, "Solid Waste Fees." A solid waste management facility that does not fit into one of the categories listed in Table 1 must be assessed fees no greater than major Class II landfill facilities. A licensee shall pay the assessed fee by July 31 of each year, but may submit the fees to the department quarterly, with the first payment due on or before July 31 of each year, and subsequent quarterly payments due on October 31, January 31, and April 30. Failure to submit payments when due subjects the licensee to the provisions of 75-10-116, MCA.

(d) The solid waste fee specified in Table 1 is prorated by quarter for the year in which a license is originally issued.

(2) The department shall mail renewal application forms to licensees by February 1 of each year. Application for renewal of a solid waste management system license must be submitted to the department by April 1 of each year. Licensees who are required to apply for license renewal and to pay fees under this subchapter, and who fail to submit the appropriate fees within the specified time are subject to the provisions of 75-10-116, MCA.

(3) Upon payment of the transfer fee shown in Table 2, "License Transfer Fee," the department will issue a new operating license to a person acquiring rights of ownership, possession, or operation of a licensed solid waste management system. Any solid waste management facility that does not fit into one of the categories listed in Table 2 shall be assessed transfer fees no greater than major Class II landfill facilities. Department approvals on operating plans are not transferable prior to licensing. 

(4) License fees will end when the department declares the facility "closed." The license fee will be prorated on a quarterly basis by the department for the year of closure.

(5) Except for prorated fees when the department declares a facility "closed," license fees are not refundable.

(6) The department shall license the following free of charge:

(a) persons conducting one-time household hazardous waste collection events;

(b) small composter operations; and

(c) recycling facilities that accept waste from more than one source.

(7) Once a facility is in interim closure, the duty of its owner or operator to pay license fees is suspended. If the department determines, pursuant to ARM 17.50.1403(10), not to approve certification of closure, the owner or operator shall pay to the department the suspended fees. An owner or operator of a facility for which the department has determined not to approve certification of closure shall, after the owner or operator believes that closure has been completed in compliance with the closure plan, submit a new certification under ARM 17.50.1403(10). The facility is then again in interim closure, pending reinspection and approval of closure certification by the department.

TABLE 1. SOLID WASTE FEES

TABLE 2. LICENSE TRANSFER FEE

(2) The department shall calculate the fee by using one of the following methods:

(a) actual weight of waste managed as reported in the annual report required by ARM 17.50.410; or

(b) estimated weight based upon the volume of waste managed as reported in the annual report required by ARM 17.50.410.

(3) For the purpose of estimating weight based upon the volume of waste managed, the following formulas apply:

(a) one cubic yard of loose refuse (residential or commercial) equals 300 pounds; and

(b) one cubic yard of compacted refuse (packer truck) received at the facility equals 700 pounds.

(c) The average tire weighs 20 pounds.

(4) In addition to the tonnage-based fee specified in (1) , any person licensed to dispose of or incinerate solid waste shall submit to the department a quarterly fee of $0.27 per ton of solid waste generated outside Montana and disposed of or incinerated within Montana.  All facilities that accept wastes from outside Montana for the purpose of incineration or disposal must weigh the wastes accepted at that facility to accurately determine the volume accepted.

(5) Each facility receiving waste generated outside Montana must record the weights of all out-of-state waste received and such records must be placed in the operating record and must be reported to the department in the annual report specified in ARM 17.50.412.

(1) Any person owning or operating a facility that manages solid waste shall submit to the department by April 1 of each year, on a form provided by the department, the following information:

(a) service areas and population of those areas;

(b) total tonnage of solid waste received and disposed of during the previous year.  Facilities that do not operate scales and that measure the volume of waste received and disposed of will use the following conversions to determine tonnage:

(i) loose refuse (residential and commercial) = 300 pounds per cubic yard;

(ii) compacted refuse (packer truck) = 700 pounds per cubic yard.

(c) for a landfarm facility, a report summarizing the total volume in cubic yards of contaminated soils accepted for treatment and under treatment during the previous year as demonstrated by compilation of waste acceptance forms, bills of lading, or trip tickets;

(d) for a large or small composter facility, a report summarizing:

(i) the kinds of materials accepted;

(ii) the total volume in cubic yards of material accepted; and

(iii) the tons of compost produced.

(e) for facilities licensed primarily for the storage, treatment, processing, or disposal of waste tires, the kind and number of tires received by the facility and the number of tires processed, treated, disposed of, or removed from the facility during the previous year.

(2) The department may not assess additional fees for composting, household hazardous waste collection, or landfarm operations conducted at a licensed facility that disposes of Group II wastes through landfilling if those operations are:

(a) conducted on the same site as the landfill; and

(b) included in the facility's approved plan of operation.

(3) Fees for the following special categories of Class IV units and facilities are as follows:

(a) for a Class IV unit at a Class II facility there is no additional fee.  However the design and operation of the Class IV unit must be included in the facility's design and operation plan and the disposal fee per ton applies to wastes placed in the Class IV unit.

(b) for a Class III facility that applies to upgrade to Class IV, the application review fee is 50% of the respective fee specified for the appropriate Class IV facility in Table 3 of ARM 17.50.410.

(2) Application for substantial change to an existing solid waste management system shall be subject to the fee schedule established for review of new or substantially changed applications contained in Table 3, "Application Review Fee Schedule".

(a) No more than 1 landfill may be consolidated under 1 solid waste management system license;

(b) No more than 1 incinerator may be consolidated under 1 solid waste management system license;

(c) A landfill and an incinerator may not be consolidated under the same license;

(d) All solid waste management facilities consolidated under 1 solid waste management system license must manage the same or primarily the same solid waste stream;

(e) All solid waste management facilities consolidated under the same solid waste management system license must be owned or operated by the same person; and

(f) All solid waste management facilities consolidated under the same solid waste management system license must be included in the solid waste management system's approved plan of operation.

(2) The limitations provided in (1) (a) , (b) , and (c) above do not apply to facilities co-located at a single site or at contiguous sites.

(3) Except as otherwise provided in ARM 17.50.412(4) and in (4) below, solid waste management systems containing more than one solid waste management facility shall be subject to fees equal to the sum of the following:

(a) the applicable fees calculated in accordance with Tables 1, 2 and 3 of ARM 17.50.410 for the facility which the department, after consultation with the applicant or licensee, determines to be the major facility included under the license; and

(b) one-half of the applicable fees calculated in accordance with Tables 1, 2 and 3 of ARM 17.50.410 for all other facilities consolidated under the same license.

(4) The department may not assess the per ton disposal fee of Table 1, ARM 17.50.410, for the landfill disposal of incinerator residues where the incinerator facility and the landfill facility are both under a solid waste management system license held by a single person and the per ton fee is assessed for all of the solid wastes received for treatment by the incinerator facility.

(1) The purpose of this subchapter is to provide uniform standards governing the storage, treatment, recycling, recovery, and disposal of solid waste.

(2) The rules in this subchapter are adopted to discharge the department's responsibilities under Title 75, chapter 10, part 2, MCA, "The Montana Solid Waste Management Act," by adopting rules governing solid waste management systems.

(3) All applicants, licensees, owners, and operators of solid waste management systems and facilities shall comply with this subchapter, except as otherwise specifically provided in this subchapter. Wherever there is a requirement imposed on an owner or operator in this subchapter, the licensee also shall comply with that requirement.

(4) Whenever a person, including an applicant or owner or operator, is required by this subchapter to submit a document for department approval of an action, the person may not take that action unless the person first submits a document containing all information necessary for the department to determine whether the action complies with the requirements of this subchapter and obtains department approval.

(5) When authorized by a court order or an agreement between the department and a landowner on whose property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter has occurred, the department may act, either directly or through a third party, to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or this subchapter.

In addition to the definitions in 75-10-203, MCA, the following definitions apply to this subchapter:

(1) "Act" means the Montana Solid Waste Management Act, 75-10-201 through 75-10-233, MCA.

(2) "Active life" means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities in accordance with subchapter 14.

(3) "Airport" means a public use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities.

(4) "Clean fill" means soil, dirt, sand, gravel, rocks, and rebar-free concrete, emplaced free of charge to the person placing the fill, in order to adjust or create topographic irregularities for agricultural or construction purposes.

(5) "Closure" means the process by which an owner or operator of a facility closes all or part of a facility in accordance with a department-approved closure plan and all applicable closure requirements specified in subchapter 14.

(6) "Construction and demolition waste" means the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures, once municipal, household, commercial, and industrial wastes have been removed.

(7) "Container site" means a solid waste management facility, generally open to the public, for the collection of solid waste that is generated by more than one household or firm and that is collected in a refuse container with a total capacity of not more than 50 cubic yards.

(8) "Contaminated soil" means soil, rocks, dirt, or earth that has been made impure by contact, commingling, or consolidation with organic compounds such as petroleum hydrocarbons. This definition does not include soils contaminated solely by inorganic metals, soils that meet the definition of hazardous waste under ARM Title 17, chapter 53, or regulated PCB (polychlorinated biphenyls) contaminated soils.

(9) "Department" means the Department of Environmental Quality provided for in 2-15-3501, MCA.

(10) "Existing," when used in conjunction with "unit" or a type of unit, means a unit that was licensed as a solid waste management system and was receiving solid waste as of October 9, 1993.

(11) "Facility" means property where solid waste management is occurring or has occurred. It includes all contiguous land and structures, other appurtenances, and improvements on the land used for management of solid waste.

(12) "Floodplain" has the meaning specified in ARM 17.50.403.

(13) "Generation" means the act or process of producing waste materials.

(14) "Ground water" means water below the land surface in a zone of saturation.

(15) "Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under subtitle C of the federal Resource Conservation and Recovery Act of 1976 (RCRA). The definition includes, but is not limited to, waste resulting from the following manufacturing or industrial processes:

(a) electric power generation;

(b) fertilizer/agricultural chemicals;

(c) food and related products/byproducts;

(d) inorganic chemicals;

(e) iron and steel manufacturing;

(f) leather and leather products;

(g) nonferrous metals manufacturing/foundries;

(h) organic chemicals;

(i) plastics and resins manufacturing;

(j) pulp and paper industry;

(k) rubber and miscellaneous plastic products;

(l) stone, glass, clay, and concrete products;

(m) textile manufacturing;

(n) transportation equipment; and

(o) water treatment.

(16) "Land application unit" means an area where wastes are applied onto or incorporated into the soil surface for agricultural purposes or for treatment and disposal. The definition does not include manure spreading operations.

(17) "Landfill" means an area of land or an excavation where wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile.

(18) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing disposal unit.

(19) "Leachate" means a liquid which has contacted, passed through, or emerged from solid waste and contains soluble, suspended, or miscible materials removed from the waste.

(20) "Leachate collection system" means an engineered structure, located above a liner and below the refuse in a landfill unit, designed to collect leachate.

(21) "Leachate removal system" means an engineered structure that allows for the removal of leachate from a landfill unit. A leachate removal system may be, but is not necessarily, used in conjunction with a leachate collection system.

(22) "Licensed boundary" means the perimeter of the area within a solid waste management facility that the department has approved for solid waste management under ARM 17.50.513.

(23) "Licensee" means a person who has, or persons who have, been issued a license by the department to operate a solid waste management system.

(24) "Liquid waste" means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Pub. No. SW-846).

(25) "Maximum horizontal acceleration" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90% or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.

(26) "New," when used in conjunction with "unit" or a type of unit, means a unit that is not an existing unit.

(27) "Operator" means the person responsible for the overall operation of a facility or part of a facility.

(28) "Owner" means the person who owns a facility or part of a facility.

(29) "PCB wastes" means those polychlorinated byphenyls or PCB items subject to regulation under 40 CFR Part 761.

(30) "Person" has the meaning given in 75-10-203, MCA.

(31) "Post-closure care" means the activities required at a landfill after the completion of closure in which all aspects of the landfill containment, extraction, control, and monitoring systems must be inspected, operated, and maintained in accordance with a department-approved post-closure plan and all applicable requirements in subchapter 14.

(32) "RCRA" means the federal Solid Waste Disposal Act, as amended by and hereinafter referred to as the Resource Conservation and Recovery Act of 1976 and subsequent amendments, codified at 42 USC 6901 through 6992k.

(33) "Regulated hazardous waste" means a solid waste that is a hazardous waste, as defined in 40 CFR 261.3, that is not excluded from regulation as a hazardous waste under 40 CFR 261.4(b) or was not generated by a conditionally exempt small quantity generator as defined in 40 CFR 261.5.

(34) "Residue" means the waste material remaining after processing, incineration, composting, recovery, or recycling have been completed. Residues are usually disposed of in landfills.

(35) "Seismic impact zone" means an area with a 10% or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull (g), will exceed 0.10g in 250 years.

(36) "Solid waste" has the meaning given in 75-10-203, MCA.

(37) "Solid waste management system," as defined in 75-10-203, MCA, means a system which controls the storage, treatment, recycling, recovery, or disposal of solid waste. In addition, for the purposes of this definition, the department does not consider a container site to be a component of a solid waste management system.

(38) "Special waste" has the meaning given in 75-10-802, MCA.

(39) "Surface impoundment" means a facility or part of a facility that is a natural topographic depression, human made excavation, or diked area formed primarily of earthen materials (although it may be lined with human made materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids and is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

(40) "Unit" means a discrete area of land or an excavation used for the landfilling or other disposal of solid waste.

(41) "Waste" means useless, unwanted, or discarded materials in any physical form, i.e., solid, semi-solid, liquid, or gaseous. The term is not intended to apply to by-products or materials which have economic value and may be used by the person producing the material or sold to another person for resource recovery or use in a beneficial manner.

(42) "Waste pile" or "pile" means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage.

(1) Solid wastes are grouped based on physical and chemical characteristics which determine the degree of care required in handling and disposal and the potential of the wastes for causing environmental degradation or public health hazards. Solid wastes are categorized into three groups:

(a) Group II wastes include decomposable wastes and mixed solid wastes containing decomposable material but exclude regulated hazardous wastes. Examples include, but are not limited to, the following:

(i) municipal and household solid wastes such as garbage and putrescible organic materials, paper, cardboard, cloth, glass, metal, plastics, street sweepings, yard and garden wastes, digested sewage treatment sludges, water treatment sludges, ashes, dead animals, offal, discarded appliances, abandoned automobiles, and hospital and medical facility wastes, provided that infectious wastes have been rendered non-infectious to prevent the danger of disease; and

(ii) commercial and industrial solid wastes such as packaging materials, liquid or solid industrial process wastes that are chemically or biologically decomposable, contaminated soils, crop residues, manure, chemical fertilizers, and emptied pesticide containers that have been triple rinsed or processed by methods approved by the department.

(b) Group III wastes include wood wastes and non-water soluble solids. These wastes are characterized by their general inert nature and low potential for adverse environmental impacts. Examples include, but are not limited to, the following:

(i) inert solid waste such as unpainted brick, dirt, rock, and concrete;

(ii) clean, untreated, unglued wood materials, brush, unpainted or untreated lumber, and vehicle tires; and

(iii) industrial mineral wastes which are essentially inert and non-water soluble and do not contain hazardous waste constituents.

(c) Group IV wastes include construction and demolition wastes, and asphalt, except regulated hazardous wastes.

(2) Clean fill is not regulated under this subchapter.

(2) There are 3 types of disposal facilities:   Class II, Class III, and Class IV.

(a) Generally, facilities licensed to operate as Class II solid waste management systems are capable of receiving Group II, Group III, and Group IV wastes but not regulated hazardous wastes.   Group III and Group IV waste may be managed in Class II units or separate units at the facility.   Household waste, although it may contain some household hazardous waste or other non-regulated hazardous waste, may be disposed of at Class II landfills.

(b) Facilities licensed as Class III landfills may accept only Group III wastes.

(c) Facilities licensed as Class IV landfills may accept only Group III or Group IV wastes.   Conditionally exempt small quantity generator hazardous waste that is generated as a part of a construction or demolition project and that cannot practicably be removed from the construction and demolition waste may be included in waste disposed of in Class IV units.

This rule has been repealed.

This rule has been repealed.

(a) the run-on control systems in ARM 17.50.1109(1); and

(b) the liquids restrictions in ARM 17.50.1111(1).

(2) The department may approve a research, development, or demonstration plan for a new Class II landfill unit, existing Class II landfill unit, or lateral expansion of an existing Class II landfill unit, for which the licensee proposes to utilize innovative and new methods which vary from the final cover criteria of ARM 17.50.1403(1)(a), (1)(b), and (2)(a), provided the licensee demonstrates that the infiltration of liquid through the alternative cover system will not cause contamination of ground water or surface water, or cause leachate depth on the liner to exceed 30 centimeters.

(3) Any plan approved under this rule must include terms and conditions that are at least as protective as the criteria for Class II landfill units to assure protection of human health and the environment. Such plans must:

(a) provide for the construction and operation of such landfill units for not longer than three years, unless renewed pursuant to (5);

(b) provide that the Class II landfill unit may receive only those types and quantities of municipal solid waste and nonhazardous wastes that the department determines appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process;

(c) include requirements as necessary to protect human health and the environment, including such requirements as necessary for testing and providing information to the department with respect to the operation of the landfill facility;

(d) require the owner or operator of a Class II landfill unit licensed under this rule to submit an annual report to the department showing whether and to what extent the site is progressing in attaining project goals. The report must include a summary of all monitoring and testing results, and any other operating information required by the department in the license; and

(e) require compliance with all applicable criteria in ARM Title 17, chapter 50, subchapters 4 through 14, except as approved under this rule.

(4) The department may order an immediate termination of all operations at the facility allowed under this rule or other corrective measures at any time the department determines that the overall goals of the project are not being attained, including protection of human health or the environment.

(5) An applicant for renewal of a plan approved under this rule shall include with its application for renewal a detailed assessment of the progress in achieving project goals, a list of problems and status with respect to problem resolution, and any other information or submittal that the department determines necessary to protect human health or the environment.

(6) The term of a plan approved under this rule may not exceed three years, and that of a renewal of an approved plan may not exceed three years.

(7) The total term for an approved plan for a project including renewals may not exceed 12 years.

(8) A licensee of a Class II facility operating under the small community exemption pursuant to ARM 17.50.1203 is not eligible for a variance, as provided by this rule, from ARM 17.50.1109(1) and ARM 17.50.1111(1).

(9) A licensee of a Class II facility that disposes of 20 tons of municipal solid waste per day or less, based on an annual average, is not eligible for a variance from ARM 17.50.1403(2)(a), except in accordance with ARM 17.50.1403(3).

(1) 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 operate a solid waste management system. The applicant shall use the application form provided by the department. The applicant shall provide at least the following information:

(a) name and business address of applicant;

(b) legal and general description and ownership status of the proposed locations, including the land owner's name and address;

(c) documentation of ownership of the property or documentation demonstrating that the applicant has the right to operate a solid waste management system on the property;

(d) total acreage of proposed facility;

(e) population size and centers to be served by the proposed facility;

(f) name, address, and location of any public airports within five miles of the proposed facility;

(g) location of any lakes, rivers, streams, springs, or bogs, onsite or within two miles of the facility boundary;

(h) facility location in relation to the base floodplain of nearby drainages;

(i) pertinent water quality information;

(j) geological, hydrological, and soils information and plans required in ARM 17.50.1311;

(k) for a Class II or Class IV disposal facility, a ground water monitoring plan or a demonstration meeting the requirements of ARM 17.50.1303;

(l) present uses of adjacent lands and the owner's name and current address;

(m) zoning information;

(n) regional map(s), with a recommended minimum scale of 1:62,500 and a minimum size of 8 1/2 inches by 11 inches, that delineate(s) the following:

(i) existing and proposed collection, processing, and disposal systems;

(ii) the location of the closest population centers; and

(iii) the local transportation systems, including highways, airports, and railways;

(o) vicinity map(s), with a recommended minimum scale of 1:24,000 and a minimum size of 8 1/2 inches by 11 inches, that delineate(s) the following within one mile of the facility boundaries:

(i) zoning and existing and allowed land use;

(ii) residences;

(iii) surface waters;

(iv) access roads;

(v) bridges;

(vi) railroads;

(vii) airports;

(viii) historic sites; and

(ix) other existing and proposed artificial or natural features relating to the project;

(p) site plan(s), with a recommended minimum scale of 1:24,000 with five foot contour intervals and a recommended minimum size of 8 1/2 inches by 11 inches, that delineate(s) the following within, or associated with, the facility:

(i) property ownership boundaries within one mile of the proposed licensed boundary;

(ii) proposed waste and licensed boundaries;

(iii) the location of existing and proposed:

(A) soil borings;

(B) monitoring wells;

(C) buildings and appurtenances;

(D) fences;

(E) gates;

(F) roads;

(G) parking areas;

(H) drainages;

(I) culverts;

(J) storage facilities or areas; and

(K) loading areas;

(iv) existing and proposed elevation contours;

(v) direction of prevailing winds; and

(vi) the location, within one mile of the proposed licensed boundary, of:

(A) residences;

(B) potable wells;

(C) surface water bodies; and

(D) drainage swales;

(q) map(s), within 1,000 feet of the proposed licensed boundary, indicating:

(i) state waters;

(ii) wetlands; and

(iii) floodplains;

(r) a landfill design plan pursuant to ARM 17.50.1205;

(s) other maps, drawings related to the design or environmental impact of the proposed facility;

(t) name and address of individual operator;

(u) proposed operation and maintenance plan;

(v) other information necessary for the department to comply with the Montana Environmental Policy Act (MEPA), Title 75, chapter 1, parts 1 through 3, MCA;

(w) closure and post-closure care plans;

(x) for a Class II or Class IV solid waste management facility, or a waste tire facility subject to 75-10-216, MCA, a copy of the proposed financial assurance required by ARM 17.50.540 or 75-10-216, MCA;

(y) a copy of a proposed deed notation that meets the requirements in subchapter 11; and

(z) a demonstration required in ARM 17.50.1003 through 17.50.1008, if applicable.

(2) An applicant shall submit with the application a copy of a proposed policy of general liability insurance to cover bodily injury or property damage to third persons caused by sudden accidental occurrences at the facility that meets the requirements of ARM 17.50.1114. 

(1) 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 plan for that system.

(2) The operation and maintenance plan required in ARM 17.50.508 must include:

(a) if for use by the public, what days and times the components of the system will be open;

(b) how access and traffic will be restricted or controlled;

(c) proposed equipment the system will utilize;

(d) general description of the proposed solid waste management system;

(e) maintenance schedule concerning solid waste handling and disposal;

(f) provision for litter control, if applicable;

(g) types of waste the proposed facility will accept;

(h) a plan for closure of the disposal facility and the land's ultimate use as required under ARM Title 17, chapter 50, subchapter 14;

(i) any methane monitoring plans required under ARM Title 17, chapter 50, subchapter 11;

(j) any ground water monitoring plan required under ARM Title 17, chapter 50, subchapter 13;

(k) any plans required for handling of special waste streams including, but not limited to:

(i) compostable materials;

(ii) contaminated soil;

(iii) asbestos-contaminated material;

(iv) biosolids;

(v) infectious wastes; or

(vi) any other special waste determined by the department to require a handling plan to protect human health or the environment;

(l) any other plans or information on alternative daily cover required in ARM Title 17, chapter 50, subchapter 11; and

(m) any other plans or information determined by the department to be necessary to protect human health or the environment.

(3) An owner, operator, or licensee of a solid waste management system shall review the operation and maintenance plan every five years after the date of the issuance of the solid waste management system license to determine if significant changes in conditions or requirements have occurred. If the review indicates that significant changes have occurred, the owner, operator, or licensee shall update the operation and maintenance plan to reflect changed conditions and requirements, and submit the update to the department for approval. If the review indicates that significant changes have not occurred, the owner, operator, or licensee shall notify the department in writing that an update of the operation and maintenance plan is not necessary.

(4) An owner, operator, or licensee of a solid waste management system shall update the operation and maintenance plan to reflect changed conditions and requirements, and submit the update to the department for approval within 45 days after the department has mailed written notice that an update is necessary to protect human health or the environment. The department may approve a longer period to submit the update if requested by the owner, operator, or licensee.

This rule has been repealed.

This rule has been repealed.

(1) 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 officer of an application, as required in 75-10-222, MCA.

(2) If an application submitted pursuant to ARM 17.50.508 is incomplete, the department shall notify the applicant in writing within 15 days after the initial review is completed and shall postpone processing the application until the material necessary to complete the application is received and the application is determined to be complete. If the requested additional information is not received within 90 days after the applicant has been notified, a new application and application fee must be submitted. The department shall notify the applicant when an application is determined to be complete.

(3) The department shall review a complete application and other relevant information and make a proposed decision based on the applicant's apparent ability to comply with the applicable laws and rules, and determine the need for an environmental impact statement (EIS). To ensure a timely completion of the environmental review process, the department shall follow the time limits listed in (3)(a) through (c). All time limits are measured from the date the department receives a complete application. The department has:

(a) 60 days to complete a public scoping process, if any;

(b) 90 days to complete an environmental review unless a detailed statement pursuant to 75-1-201, MCA, is required; and

(c) 180 days to complete a detailed statement pursuant to 75-1-201, MCA.

(4) If the department is unable to complete an environmental review within the time provided in (3), it may extend the time limits in (3) by notifying the applicant in writing that an extension is necessary and stating the basis for the extension. The department may extend the time limit one time, and the extension may not exceed 50% of the original time period listed in (3). After one extension, the department may not extend the time limit unless the department and the applicant mutually agree to the extension.

(5) The department has adopted rules relating to the Montana Environmental Policy Act (MEPA) in ARM Title 17, chapter 4, subchapter 6. The environmental review process for the department's proposed action must follow these rules.

(6) Interested persons may obtain copies of the complete application and the department's environmental assessment or EIS, proposed decision, and final decision upon request and payment of copying costs. The requirements of ARM Title 17, chapter 4, subchapter 6, apply to any public notice or public meetings concerning an environmental assessment or EIS.

(7) Within 30 days after completing its environmental review under (3), the department shall make its final decision and then notify in writing the applicant, the local health officer, and any other interested persons who have requested to be notified. If the department decides to issue the license, the requirements of 75-10-222 and 75-10-223, MCA, apply to validation of the license by the local health officer.

(2) If the department issues a license but the local health officer refuses to validate it, the applicant or any person aggrieved by the local health officer's decision may appeal the local health officer's decision to the board.   An appeal must be filed within 30 days after receipt of written notice of the local health officer's decision.

(3) The act does not provide third parties with the right of appeal to the board from a decision made by the department to issue, revoke, or deny a license.

(1) 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.

(2) Licenses may be renewed on an annual basis by submission of an application for renewal and payment of fees as specified in ARM 17.50.410.

(3) Licenses are not transferable to other locations.

(4) Facilities must be constructed and operated within 5 years of the original date of license issuance or else must be subject to review and reapproval by the department prior to construction or operation, regardless of whether license renewal fees have been paid.

(1) Solid waste must be transported in such a manner so as to prevent its discharge, dumping, spilling, or leaking from the transport vehicle. 

(2) Waste haulers transporting oilfield exploration and production waste must cover and secure loads and keep loads covered and secure while in transit in a manner that prevents discharge, dumping, spilling, or leaking from the transport vehicle.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) 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 liabilities of a state or the United States.   Subdivisions of state government, such as counties, cities or towns, whose debts and liabilities are not directly the debts and liabilities of the state, are subject to this rule.

(a) The requirements of this rule are effective April 9, 1997, except:

(i) small, dry or remote landfills which meet the "small community exemption" criteria set forth in ARM 17.50.506, have until October 9, 1997, to comply; and

(ii) the department may waive financial assurance requirements for up to 1 year until April 9, 1998, for cause, if the owner or operator demonstrates to the department's satisfaction:

(A) that the April 9, 1997, effective date does not provide sufficient time to comply with the requirements of this rule; and

(B) that such a waiver will not adversely affect human health and the environment.

(2) The following financial assurance for closure is required:

(a) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to close the area of the Class II landfill that the department determines to be the largest active portion in the facility requiring a final cover as required under ARM 17.50.530 during the active life of the facility in accordance with the closure plan.   The owner or operator must submit a copy to the department and place the estimate in the operating record.

(i) The cost estimate must equal the cost of closing the largest active portion during the active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see ARM 17.50.530(1) (c) (ii) ) .

(ii) During the active life of the Class II landfill unit, the owner or operator must annually adjust the closure cost estimate for inflation and any other changes and submit this information to the department as part of the annual report required under ARM 17.50.412.

(iii) The owner or operator must increase the closure cost estimate and the amount of financial assurance provided under (2) (b) below if changes to the closure plan or Class II landfill unit conditions increase the maximum cost of closure at any time during the remaining active life.

(iv) The owner or operator may reduce the closure cost estimate and the amount of financial assurance provided under (2) (b) below if the cost estimate exceeds the maximum cost of closure at any time during the remaining life of the Class II landfill unit.   The owner or operator must obtain the approval of the department for the reduction of the closure cost estimate and the amount of financial assurance required.   Copies of the demonstration and department approval must be placed in the operating record.

(b) The owner or operator of each Class II landfill unit must establish financial assurance for closure of the Class II landfill unit in compliance with (5) of this rule.   The owner or operator must provide continuous coverage for closure until released from financial assurance requirements by demonstrating compliance with ARM 17.50.530(1) (h) and (i) .

(3) The following financial assurance for post-closure care must be provided:

(a) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care for the Class II landfill unit in compliance with the post-closure plan developed under ARM 17.50.531.   The post-closure cost estimate used to demonstrate financial assurance in (b) below must account for the total costs of conducting post-closure care, including annual and periodic costs as described in the post-closure plan over the entire post-closure care period.   The owner or operator must submit a copy of the estimate to the department and place a copy in the operating record.   Estimates must meet the following requirements:

(i) The cost estimate for post-closure care must be based on the most expensive costs of post-closure care during the post-closure care period.

(ii) During the active life of the Class II landfill unit and during the post-closure care period, the owner or operator must annually adjust the post-closure cost estimate for inflation.

(iii) The owner or operator must increase the post-closure care cost estimate and the amount of financial assurance provided under (b) below if changes in the post-closure plan or Class II landfill unit conditions increase the maximum costs of post-closure care.

(iv) The owner or operator may reduce the post-closure cost estimate and the amount of financial assurance provided under (b) below if the cost estimate exceeds the maximum costs of post-closure care remaining over the post-closure care period.   The owner or operator must obtain approval from the department for the reduction of the post-closure cost estimate and the amount of financial assurance and place a copy of the justification in the operating record.

(v) Any changes required above under (ii) , (iii) , or (iv) above must be reported to the department as part of the report required under ARM 17.50.412.

(b) The owner or operator of each Class II landfill unit must establish, in a manner in accordance with (5) of this rule, financial assurance for the costs of post-closure care as required under ARM 17.50.531.   The owner or operator must provide continuous coverage for post-closure care until released from financial assurance requirements for post-closure care by demonstrating compliance with ARM 17.50.531(1) (e) .

(4) The following financial assurance for corrective action must be provided:

(a) An owner or operator of a Class II landfill unit required to undertake a corrective action program under ARM 17.50.710 must have a detailed written estimate, in current dollars, of the cost of hiring a third party to perform the corrective action in accordance with the program required under ARM 17.50.710. The corrective action cost estimate must account for the total costs of corrective action activities as described in the corrective action plan for the entire corrective action period.   The owner or operator must submit the estimate to the department for approval and place a copy in the operating record.   The estimate must meet the following requirements:

(i) The owner or operator must annually adjust the estimate for inflation until the corrective action program is completed in accordance with ARM 17.50.710(8) (f) .

(ii) The owner or operator must increase the corrective action cost estimate and the amount of financial assurance provided under (b) below if changes in the corrective action program or Class II landfill unit conditions increase the maximum costs of corrective action.

(iii) The owner or operator may reduce the amount of the corrective action cost estimate and the amount of financial assurance provided under (b) below if the cost estimate exceeds the maximum remaining costs of corrective action.   The owner or operator must receive approval from the department for the reduction of the corrective action cost estimate and the reduction in the amount of financial assurance.   The justification for the reduction of the corrective action cost estimate and the amount of financial assurance must be placed in the operating record.

(b) The owner or operator of each Class II landfill unit required to undertake a corrective action program under ARM 17.50.710, must establish, in a manner in accordance with this rule, financial assurance for the most recent corrective action program.   The owner or operator must provide continuous coverage for corrective action until released from financial assurance requirements for corrective action by demonstrating compliance with ARM 17.50.710(8) (f) and (g) .

(5) The mechanisms used to demonstrate financial assurance under this rule must ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective action for known releases will be available whenever they are needed.   Owners and operators must choose from the options specified in (a) -(g) below.

(a) (i) An owner or operator may satisfy the requirements of this rule by establishing a trust fund which conforms to the requirements of this rule.   The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.   A copy of the trust agreement must be placed in the facility's operating record.

(ii) Payments into the trust fund must be made annually by the owner or operator over the remaining life of the Class II landfill facility, in the case of a trust fund for closure or post-closure care, or over one-half of the estimated length of the corrective action program in the case of corrective action for known releases.   These periods are referred to as the pay-in periods.

(iii) For a trust fund used to demonstrate financial assurance for closure and post-closure care, the first payment into the fund must be at least equal to the current cost estimate for closure or post-closure care, divided by the number of years in the pay-in period as defined in (ii) above.   The amount of subsequent payments must be determined by the following formula:

  Next Payment = (CE-CV) /Y

where CE is the current cost estimate for closure or postclosure care (updated for inflation or other changes) , CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.

(iv) For a trust fund used to demonstrate financial assurance for corrective action, the first payment into the trust fund must be at least equal to one-half of the current cost estimate for corrective action, divided by the number of years in the corrective action pay-in period as defined in (ii) above.   The amount of subsequent payments must be determined by the following formula:

     Next Payment = (RB-CV) /Y

where RB is the most recent estimate of the required trust fund balance for corrective action (i.e., the total costs that will be incurred during the second half of the corrective action period) , CV is the current value of the trust fund, and Y is the number of years remaining on the pay-in period.

(v) The initial payment into the trust fund must be made before the initial receipt of waste or before the applicable effective date of this section, as specified in (1) (b) above, whichever is later, in the case of closure and post-closure care, or no later than 120 days after the corrective action remedy has been selected in accordance with the requirements of ARM 17.50.710.

(vi) If the owner or operator establishes a trust fund after having used one or more alternate mechanisms specified in (5) (f) of this rule, the initial payment into the trust fund must be at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to the specifications of (5) (a) above, as applicable.

(vii) The owner or operator, or other person authorized to conduct closure, post-closure care, or corrective action activities may request reimbursement from the trustee for these expenditures.   Requests for reimbursement will be granted by the trustee only if sufficient funds are remaining in the trust fund to cover the remaining costs of closure, post-closure care, or corrective action, and if justification and documentation of the cost is approved by the department.   The owner or operator must provide the department with the documentation of the justification for reimbursement for approval and records of any reimbursement.

(viii) The trust fund may be terminated by the owner or operator only if the owner or operator substitutes alternate financial assurance as specified in this section or if he is no longer required to demonstrate financial responsibility in accordance with the requirements of (2) (b) , (3) (b) , or (4) (b) of this rule.

(b) A surety bond may be used to guarantee payment or performance under the following circumstances:

(i) An owner or operator may demonstrate financial assurance for closure or post-closure care by obtaining a payment or performance surety bond which conforms to the requirements of this paragraph.   An owner or operator may demonstrate financial assurance for corrective action by obtaining a performance bond which conforms to the requirements of this paragraph.   The bond must be effective before the initial receipt of waste or before the applicable effective date of this section, as specified in (1) (b) of this rule, whichever is later, in the case of closure and post-closure care, or no later than 120 days after the corrective action remedy has been selected in accordance with the requirements of ARM 17.50.710. The owner or operator must submit a copy of the bond to the department and place a copy in the operating record.   The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on federal bonds in Circular 570 of the US department of the treasury and licensed to do business in Montana.

(ii) The penal sum of the bond must be in an amount at least equal to the current closure, post-closure care, or corrective action cost estimate, whichever is applicable, except as provided in (5) (g) below.

(iii) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.

(iv) The owner or operator must establish a standby trust fund.   The standby trust fund must meet the requirements of (5) (a) except the requirements for initial payment and subsequent annual payments specified in (5) (a) (ii) -(v) above.

(v) Payments made under the terms of the bond will be deposited by the surety directly into the standby trust fund. Payments from the trust fund must be approved by the trustee.

(vi) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner and operator and to the department 120 days in advance of cancellation.   If the surety cancels the bond, the owner or operator must obtain alternate financial assurance as specified in this section.

(vii) The owner or operator may cancel the bond only if alternate financial assurance is substituted as specified in this section or if the owner or operator is no longer required to demonstrate financial responsibility in accordance with (2) (b) , (3) (b) , or (4) (b) of this rule.

(c) (i) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit which conforms to the requirements of this section.   The letter of credit must be effective before the initial receipt of waste or before the effective date of this section, whichever is later, in the case of closure and post-closure care, or no later than 120 days after the corrective action remedy has been selected in accordance with the requirements of ARM 17.50.710. The owner or operator must supply the department with a copy of the letter of credit and place a copy of the letter of credit in the operating record.   The issuing institution must be an entity which has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency.

(ii) A letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the name and address of the facility, and the amount of funds assured, must be included with the letter of credit in the operating record.

(iii) The letter of credit must be irrevocable and issued for a period of at least 1 year in an amount at least equal to the current cost estimate for closure, post-closure care, or corrective action, whichever is applicable, except as provided in (5) (a) above.   The letter of credit must provide that the expiration date will be automatically extended for a period of at least 1 year unless the issuing institution has canceled the letter of credit by sending notice of cancellation by certified mail to the owner and operator and to the department 120 days in advance of cancellation.   If the letter of credit is canceled by the issuing institution, the owner or operator must obtain alternate financial assurance.

(iv) The owner or operator may cancel the letter of credit only if alternate financial assurance is substituted as specified in this rule or if the owner or operator is released from the requirements of this rule in accordance with (2) (b) , (3) (b) , or (4) (b) of this rule.

(d) (i) An owner or operator may demonstrate financial assurance for closure and post-closure care by obtaining insurance which conforms to the requirements of this subsection (d) .   The insurance must be effective before the initial receipt of waste or before the effective date of this rule (April 9, 1994) , whichever is later.   At a minimum, the insurer must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in 1 or more states, specifically including Montana.   Proof of insurance must be supplied to the department.

(ii) The closure or post-closure care insurance policy must guarantee that funds will be available to close the Class II landfill unit whenever final closure occurs or to provide post-closure care for the Class II landfill unit whenever the post-closure care period begins, whichever is applicable.   The policy must also guarantee that once closure or post-closure care begins, the insurer will be responsible for the paying out of funds to the owner or operator or other person authorized to conduct closure or post-closure care, up to an amount equal to the face amount of the policy.

(iii) The insurance policy must be issued for a face amount at least equal to the current cost estimate for closure or post-closure care, whichever is applicable, except as provided in (5) (a) above.   The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.

(iv) An owner or operator, or any other person authorized to conduct closure or post-closure care, may receive reimbursements for closure or post-closure expenditures, whichever is applicable.   Requests for reimbursement will be granted by the insurer only if the remaining value of the policy is sufficient to cover the remaining costs of closure or post-closure care, and if justification and documentation of the cost is placed in the operating record and written approval is received from the department in advance.   The owner or operator must file the documentation of the justification for reimbursement with the department and place it in the operating record.   Notice that reimbursement has been received must also be filed with the department and placed in the operating record.

(v) Each policy must contain a provision allowing assignment of the policy to a successor owner or operator.   Such assignment may be conditional upon consent of the insurer, provided that such consent is not unreasonably refused.

(vi) The insurance policy must provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium.   The automatic renewal of the policy must, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy.   If there is a failure to pay the premium, the insurer may cancel the policy by sending notice of cancellation by certified mail to the owner and operator and to the department 120 days in advance of cancellation.   If the insurer cancels the policy, the owner or operator must obtain alternate financial assurance as specified in this section.

(vii) For insurance policies providing coverage for post-closure care, commencing on the date that liability to make payments pursuant to the policy accrues, the insurer will thereafter annually increase the face amount of the policy.   Such increase must be equivalent to the face amount of the policy, less any payments made, multiplied by an amount equivalent to 85% of the most recent investment rate or of the equivalent coupon-issue yield announced by the US treasury for 26-week treasury securities.

(viii) The owner or operator may cancel the insurance policy only if alternate financial assurance is substituted as specified in this subsection (d) or if the owner or operator is no longer required to demonstrate financial responsibility in accordance with the requirements of (2) (b) , (3) (b) , or (4) (b) of this rule.

(e) Local governmental entities who are owners or operators may satisfy the requirements of this subsection (e) through their taxing and bonding authority as long as there is a commitment by local governmental entity or entities, approved by the department, that meets criteria specified in (5) (h) below.   A demonstration must be made to the department and placed in the operating record, of the ability of the governmental entity or entities to fully fund liabilities under this section.   Such a demonstration should include, but is not limited to:

(i) excess bonding capability available;

(ii) bond rating of the entity or entities;

(iii) excess taxation capability available under any governmental tax limitation laws;

(iv) voter prior approval of any tax increases, if required; and

(v) any other information that will make it possible for the department to accurately assess the ability to meet the criteria specified in (5) (h) below.

(f) An owner or operator may satisfy the requirements of this rule by obtaining any other mechanism that meets the criteria specified in (5) (h) below, and that is approved by the department.

(g) An owner or operator may satisfy the requirements of this rule by establishing more than 1 financial mechanism per facility.   The mechanisms must be as specified in (5) (a) -(f) above, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current cost estimate for closure, post-closure care or corrective action, whichever is applicable.   The financial test and a guarantee provided by a corporate parent, sibling, or grandparent may not be combined if the financial statements of the 2 firms are consolidated.

(h) The language of the mechanisms listed in (5) (a) -(f) above must ensure that the instruments satisfy the following criteria:

(i) the financial assurance mechanisms must ensure that the amount of funds assured is sufficient to cover the costs of closure, post-closure care, and corrective action for known releases when needed;

(ii) the financial assurance mechanisms must ensure that funds will be available in a timely fashion when needed;

(iii) the financial assurance mechanisms must be obtained by the owner or operator by the effective date of these requirements or prior to the initial receipt of solid waste, whichever is later, in the case of closure and post-closure care, and no later than 120 days after the corrective action remedy has been selected in accordance with the requirements of ARM 17.50.710, until the owner or operator is released from the financial assurance requirements under (2) (b) , (3) (b) , or (4) (b) of this rule.

(iv) The financial assurance mechanisms must be legally valid, binding, and enforceable under state and federal law.

This rule has been repealed.

(1) 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:

(a) Name and business address of applicant.

(b) Legal and general description of the location of the solid waste management system for which the variance is being requested including documentation of ownership, lease or rental agreement.

(c) Population served by the system.

(d) Citation of administrative rule from which a variance is requested.

(e) Documentation of liability insurance coverage.

(f) Financial statements of the operation costs of the solid waste management system including sources of revenues and the proposed costs to operate the system in compliance with the rule from which a variance is sought.

(g) Copy of a return receipt of a certified letter sent to each owner of real property which is contiguous to the real property on which the solid waste management system is located and to the owner, if other than the applicant, of the real property on which the solid waste management system is located.

(i) The certified letter required in (g) of this rule must state: "I, (name of applicant), intend to apply to the Board of Environmental Review of the State of Montana for a variance from (citation of rule from which variance is sought), which states: (text of rule). A hearing will be scheduled before the Board on the variance application. For further information, you may contact the Department of Environmental Quality, PO Box 200901, Helena, MT 59620-0901, (406) 444-5300."

(h) A compliance plan indicating the dates by which improvements will be implemented at the solid waste management system to bring it into compliance with the rule from which a variance is sought.

(2) An application for a variance is not considered filed until the applicant has submitted all information and completed all application forms required by (1) of this rule.

(2) The contents of the public notice must include at least the following:

(a) Name and address of the applicant;

(b) Citation and text of the administrative rule from which a variance is sought;

(c) Time, location and brief description of the purpose of the hearing;

(d) Address and phone number of the office at which interested persons may obtain further information, and inspect or obtain a copy of the application;

(e) The deadline as established by the hearing examiner for making a request to participate in the hearing; and

(f) Name and address of the hearing examiner to whom a request to participate is made.

(3) The applicant shall provide to the department a certification from the newspaper indicating the notice was published as required or a copy of the publication. The certification must be received by the department not less than 20 days prior to the board hearing. Failure of the applicant to provide certification at least 20 days prior to the hearing renders the application incomplete and causes cancellation of the scheduled hearing.

(a) Name and address of the person making the request;

(b) Identification of any person or group requestor represents; and

(c) Requestor's position, whether for or against, the application for a variance.

(a) a violation of a condition of the variance occurs; or

(b) a complaint is received by the department from a property owner or a resident affected by the solid waste management system operating under the variance.

(2) The board may revoke or modify a variance if it finds a condition of the variance has been violated or if it finds a complaint received by the department warrants revocation or modification.

(2) After the department determines that the application for renewal of a variance is complete, the requirements for public notice, participation in hearings, conduct of hearings, duration of variance renewal, and variance renewal review hearings are the same as provided in ARM 17.50.603 through 17.50.610 respectively.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2) Wastes must be managed in a manner that is protective of human health and the environment.

(3) A person may not place wastes on or into private or public property without the express permission of the land owner, facility operator, or the designated representative of the owner or operator.

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) "Agronomic rate" means the whole septage application rate (dry rate basis) designed to:

(a) provide the amount of nitrogen needed by the food crop, feed crop, cover crop, or vegetation grown on the land; and

(b) minimize the amount of nitrogen in the septage that passes below the root zone of the crop or vegetation grown on the land to the ground water.

(3) "Applied to the land surface" means the uniform application of liquid or semi-liquid waste material at a rate closely approximating that which will result in maximum benefit to the crop or vegetative cover in the field, without ponding, runoff, or leaching.

(4) "Attended car wash bay" means a place for washing trucks or automobiles that has an attendant on site while open to the public.

(5) "Automatic car wash bay" means a place for washing trucks or automobiles that has machinery designed to do the washing without allowing access to the bay during the process.

(6) "Bulk septage" means septage that is not sold or given away in a bag or other container for application to the land.

(7) "Car wash sump" means an interceptor or settling device, designed to be emptied by mechanical means, located below the normal grade of a wastewater gravity system used to precipitate mud from wastewater at a car wash, garage, or vehicle maintenance facility before the water enters an oil/water interceptor, a sanitary sewer or individual wastewater treatment system.   Oil/water interceptors are not car wash sumps.

(8) "Cesspool" means a seepage pit without a septic tank to pretreat the wastewater.

(9) "Control of public access" means reasonable precautions to prevent exposure of humans to pathogenic materials.   This does not mean that all entry must be precluded.

(10) "Dewatered" means waste that passes the Paint Filter Liquids Test (Method 9095 in Manual SW-846, "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA (Update IIIA) ) .

(11) "Feed crops" means crops produced primarily for animals.

(12) "Fiber crops" means non-edible crops such as flax and cotton raised for fiber.

(13) "Food crops" means crops consumed by humans.   These include, but are not limited to, fruits, vegetables, grains and tobacco.

(14) "Forest" means a tract of land with trees and underbrush.

(15) "Grease interceptor" means an interceptor of at least 750-gallon (2839 L) capacity that serves one or more fixtures and is remotely located from the fixtures.

(16) "Grease trap" means a device designed to retain grease from one to four fixtures.

(17) "Grease trap waste" means the water, solids, and semi-solid material removed from a grease trap or grease interceptor designed to remove cooking grease from home or restaurant wastewater in a sewer system. It does not include oil/water separator wastes at industrial facilities.

(18) "Gray water" means any wastewater other than toilet wastes or industrial chemicals, and includes, but is not limited to, shower and bath wastewater, kitchen wastewater, and laundry wastewater.   It may not contain listed hazardous wastes or hazardous substances above regulatory thresholds.

(19) "Holding tank" means a watertight receptacle that receives wastewater for retention and does not as part of its normal operation dispose of or treat wastewater.

(20) "Incorporated into the soil" means the injection of waste beneath the surface of the soil or the mixing of waste with the surface soil by plow, disk harrow, spring harrow, tiller, or other department-approved method.

(21) "Interceptor" or "clarifier" means a device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes and permit discharge of normal sewage or liquid wastes into the disposal terminal by gravity.

(22) "Land with a high potential for public exposure" means land that the public uses frequently.   This includes, but is not limited to, public contact sites and reclamation sites located in populated areas (e.g., a construction site located in a city) .

(23) "Land with a low potential for public exposure" is land that the public uses infrequently. This includes, but is not limited to, agricultural land, forest, and reclamation sites located in unpopulated areas (e.g., a strip mine located in a rural area) .

(24) "Pasture land" means land on which animals feed directly on feed crops such as legumes, grasses, grain stubble, or stover (fodder) .

(25) "Pathogen" means a disease-causing organism. This includes, but is not limited to, certain bacteria, protozoa, viruses, and viable helminth ova.

(26) "Portable toilet" means a sealed pit privy designed to be readily transportable.

(27) "Privy" means a covered or uncovered facility for placement of non-water-carried toilet wastes where the wastes are discharged directly into a seepage pit without treatment in a septic tank or are discharged into a watertight vault.

(28) "Public contact site" means land with a high potential for contact by the public. This includes, but is not limited to, public parks, cemeteries, plant nurseries, turf farms, and golf courses.

(29) "Pumpings" means the materials, liquid and solid, removed from a cesspool, septic tank, privy, portable toilet, grease trap, or car wash (or similar) sump that may be land applied for a beneficial purpose. The term also includes other primarily liquid wastes that may be land applied for a beneficial purpose. These include, but are not limited to, wastes from food processing operations, septage that contains commercial and industrial wastewater, and wastes from snow melt wastewater sumps. The term does not include commercial or industrial wastes that contain listed hazardous wastes or hazardous substances above regulatory thresholds.

(30) "Range land" means open land with indigenous vegetation.

(31) "Reclamation site" means drastically disturbed land that is being reclaimed. This may include, but is not limited to, strip mines and construction sites.

(32) "Sealed pit privy" means an enclosed receptacle designed to receive non-water-carried toilet wastes into a watertight vault.

(33) "Septic tank" means a watertight tank that receives and partially treats sewage through the process of sedimentation, oxidation, floatation, and bacterial action so as to separate solids from the liquid in the sewage, and then discharges the liquid to further treatment.

(34) "Sewage sludge" means the solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works.

(a) Sewage sludge includes, but is not limited to:

(i) domestic septage;

(ii) scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and

(iii) material derived from sewage sludge.

(b) Sewage sludge does not include ash generated during firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.

(35) "Unattended car wash bay" means a place for washing cars or trucks that is not an automatic car wash bay and does not have continuous supervision while open to the public.

(36) "Vector" means any rodent, insect, or other organism, capable of transmitting disease to humans.

(37) "Vector attraction" means the characteristic of sewage sludge and other pumpings that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.

(38) "Vessel pumpout facility" means a facility designed to receive wastes from marine sanitation devices, as defined in 23-2-522 (3) (a) , MCA.

(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 septage and other wastes from these devices, unless licensed by the department. A person wishing to engage in any of these businesses shall submit an application for a license to the department on a form provided by the department. A person wishing to renew a license shall do so on the form provided by the department. The following information, if applicable, must be provided:

(a) the full legal name of the licensee or applicant, the organization name or assumed business name, as filed or registered with the secretary of state, the federal tax identification number, and physical business address of the applicant;

(b) the mailing address of the applicant, if different from the physical address;

(c) a list of all counties in which business is to be conducted;

(d) a list of all disposal sites, not exempted under 75-10-1210 (2) , MCA, that the applicant proposes to use;

(e) the estimated volume of septage and other wastes to be disposed of at each disposal site annually;

(f) the amount and kinds of pumpings applied to each site in the previous calendar year;

(g) the location of the records required in ARM 17.50.813; and

(h) a certification by the local health officer or the local health officer's designated representative in the county where the business is located that:

(i) each vehicle used for surface application of septage is equipped with spreading equipment that complies with ARM 17.50.811; and

(ii) if, pursuant to ARM 17.50.811, the department has required the licensee or applicant to screen septage before applying it to land, that the licensee or applicant has screening equipment or a device that complies with ARM 17.50.811.

(2) Before a licensee places a new vehicle in service, the licensee shall have the vehicle inspected by the local health officer or the local health officer's designated representative, either in person or, if the vehicle is readily identifiable in a photograph, by submission of a photograph. The licensee shall provide the department with the certification required in (1) (h) .

(3) Only one certification required in (1) must be submitted to the department during the service life of a vehicle, screening equipment, or device.

(4) To obtain the certification of screening equipment or a device that is at a fixed location, a licensee may either:

(a) request the local health officer or designated representative, or the department, to inspect it at the fixed location; or

(b) if the location is readily identifiable in a photograph, submit a photograph of the equipment or device to the local health officer or designated representative.

(5) For each disposal site proposed for use by the applicant or licensee that must be listed under the requirements of 75-10-1212 (2) (d) , MCA, including land application sites, wastewater treatment facilities, and solid waste management systems, and that is not exempt under 75-10-1210 (2) , MCA, the applicant or licensee shall submit the following information, if applicable, on a form approved by the department:

(a) the full legal name of the owner of the property, the organization name or assumed business name, as filed or registered with the secretary of state, and federal tax identification number, if available;

(b) the street address or directions to the site;

(c) the location of the property by township, range, section, and quarter section(s) or the latitude and longitude of the property in degrees, minutes and seconds;

(d) the type of vegetation on the land application area (i.e., fallow land, pasture, range, forest) and the nitrogen requirements for the vegetation;

(e) the estimated depth to seasonally high ground water at the land application site, and the basis for the estimates;

(f) a statement of the general soil type (example:  clay, gravel, sandy loam) at each land application site;

(g) the approximate slope of the application area;

(h) the distance to surface water and ephemeral or intermittent drainages;

(i) the acreage available for land application;

(j) the volume of material to be placed annually on the site;

(k) the present uses of lands adjacent to each land application site;

(l) the zoning classification, if any, for each land application site and the allowed uses for the classification;

(m) a proposed disposal operation and maintenance plan for each land application site including provisions for access control, if necessary, and the types and sources of wastes to be managed on the site. The operation and maintenance plan must include a description of the vector attraction reduction and pathogen reduction methods proposed for use on the site and a listing of equipment available for managing each type of waste. At the request of the local health officer or designated representative of the county where a land application site is located, the department shall mail a copy of the operation and maintenance plan to that person;

(n) certification by a local health officer or the local health officer's designated representative that the proposed land application site meets all applicable state and local requirements;

(o) the signature of the land owner, facility operator, or designated representative of the owner or operator, granting permission to use the site for land application, disposal, or treatment;

(p) a sketch or map showing the area available for land application after setback requirements are met, and the distance from the area to neighboring houses; and

(q) for land application sites, a certification by the landowner, facility manager, or authorized representative of the landowner, that the person making the certification is aware that:

(i) the use of the site or crops from the site may be restricted under the requirements of ARM 17.50.811;

(ii) the land application rate is limited by the rate at which septage may be land-applied as specified in ARM 17.50.809(12) and 17.50.816(6) ;

(iii) the operational practices for pathogen and vector attraction reduction in ARM 17.50.811 must be followed; and

(iv) the department, local health officer, or the local health officer's designated representative may inspect, and the landowner is required to allow inspection of, the land application site as provided in ARM 17.50.812.

(6) During the term of a license, the licensee may, after fulfilling the requirements of (5) , add new disposal sites to the service area with the written approval of the department.

(7) An applicant shall pay the license or renewal fee required under 75-10-1212 , MCA, to the department at the time the applicant submits the license or renewal application to the department. A license may not be issued or renewed prior to payment of the appropriate fee.

(8) The department shall mail to each license holder an annual renewal form by November 15 of each calendar year. The renewal form must provide for the submission of information required in (1) .

(9) The department shall mail to each county health officer or designated representative by February 15 of each calendar year a list of license holders operating in that county who have renewed their licenses by January 31 of that year. The list must include the renewed and added disposal locations for each license holder operating in the county.

(10) The department shall, within five days after receiving a renewal form and applicable fees, notify the county health officer or designated representative of license holders who renew their licenses after January 31 of the year after the license expires.

(11) A person who renews a license after April 1 of the year after the license expires shall pay the late fee required under 75-10-1212 , MCA.

(12) A person may not renew a license after December 31 of the year after the license expires. A person desiring to operate a business, or dispose of wastes, regulated under this subchapter after December 31 of the year after the license expires shall submit a new application, along with the application fee, to the department.

(13) A person who operates a business, or disposes of wastes, regulated under this subchapter after the person's license has expired and prior to renewing the person's license and paying the required fees is subject to the enforcement provisions of 75-10-1220 , 75-10-1221 , 75-10-1222 , and 75-10-1223 , MCA.

This rule has been repealed.

(2) The department shall review the completed application and relevant information and make a decision whether to issue, deny, or renew a license based on the applicant's apparent ability to comply with the requirements of Title 75, chapter 10, part 12, MCA, and this subchapter.

(3) The department's decision to grant or renew a license may include such special conditions as are considered necessary to protect public health and the environment and avoid public nuisances.

(4) Within five days after receiving a completed application for a license, the department shall notify the local health officer or designated representative of each county in which the applicant proposes to do business.   To allow the local health officer or designated representative an opportunity to review and comment on an application, the department may not issue a license until 14 days after notifying the local health officer or designated representative.

(5) The department shall issue a license within 30 days after the decision to approve the license.

This rule has been repealed.

This rule has been repealed.

(2) A person may not apply pumpings to land within 150 feet of any state surface water, including ephemeral or intermittent drainages and wetlands. The department or local health officer or the health officer's designated representative may require greater distances where slopes or other factors may increase the likelihood of runoff from the land application area.

(3) A person may not apply pumpings to land within 100 feet of any state, federal, county or city maintained highway or road.

(4) A person may not apply pumpings to land within 100 feet of a drinking water supply source. The department or local health officer or the health officer's representative may require greater distance where site conditions might increase the likelihood of contamination of a drinking water source.

(5) Topographical slopes on fields must be taken into account when a person is selecting land application areas. A person may not apply pumpings where ponding or runoff of septage is likely to occur.

(6) A person may not apply pumpings to land with slopes greater than 6%.

(7) A person may not apply pumpings to land through subsurface injection on slopes greater than 12%.

(8) Pumpings may be applied to the land surface only where at least six feet separate the land surface from seasonally high ground water. The department or local health officer or the health officer's designated representative may require greater separation where soil types or specific application processes might increase the likelihood of ground water contamination.

(9) A person may not apply any pumpings to land before that person obtains the express written permission of the land owner or the land owner's designated representative. If land is leased from a tribe or governmental agency, permission of the tribe or agency must be obtained before pumpings may be applied to the land. Permission must be provided on the form submitted to the department as part of the application process, or on the department-authorized form for additional site location. If the pumpings are to be applied to land owned by the owner of the land on which they were generated, the pumper shall keep a permission slip or signed receipt as specified in ARM 17.50.813.

(10) A pumper shall control litter at land application sites as necessary to prevent its spread to adjoining properties. Litter must be removed from a land application site within six hours after application.

(11) A person may not apply bulk septage or other pumpings to agricultural land, forest land, pasture land, or range land at a rate greater than the agronomic rate of the site for nitrogen on an annual basis.

(12) The annual application rate (AAR) for bulk septage, in gallons/acre/year, is determined by the formula AAR=N/0.0026, where N equals the amount of nitrogen, in pounds per acre per 365-day period, needed by the crop or vegetation grown on the land.

(13) A person may not apply bulk septage at a reclamation site in excess of the agronomic rate unless the person first obtains site-specific approval from the department.

(14) A person may not apply pumpings to land where a threatened or endangered species or its designated critical habitat is likely to be adversely affected.

(15) The local health officer or the local health officer's designated representative may reject sites for public health or public nuisance problems or for proximity to public water supplies, but in no case may a site be within 500 feet of an occupied or inhabitable building or within 100 feet of a drinking water source.

(16) The local health officer or the local health officer's designated representative may withdraw approval of previously approved sites if:

(a) the site has not been properly managed for vectors or litter;

(b) waste has been applied in excess of the agronomic rate or improperly applied;

(c) the minimum separation distances as required in this rule are not being met; or

(d) the site is in proximity to new public water supplies.

(2) A person may apply routine maintenance pumpings or emergency pumpings including, but not limited to, pumpings required due to septic system freeze-ups, overflows, flooding, or failures, to frozen or snow covered ground, only if no other reasonable treatment method is available. Reasonable treatment method options include hauling the waste to a waste water treatment plant or a septage storage, treatment, or dewatering facility that will accept the waste and that is within 25 miles of the point of generation.

(3) Subject to the restrictions in (1) and (2) and the requirements of ARM 17.50.809(1) , (3) and (4) , a person may apply pumpings to frozen or snow covered ground only if:

(a) sites or fields used have a slope of less than or equal to 3%;

(b) the land is not within a 100-year floodplain;

(c) bulk septage, and wastes subject to ARM 17.50.816, have undergone treatment by the vector reduction technique specified in ARM 17.50.811(3) (c) or, if not alkali stabilized, are incorporated into the soil as soon as the weather permits. Grease trap wastes must be incorporated into the soil as soon as the weather permits. Alkali stabilization of septage and wastes subject to ARM 17.50.816 is required unless the owner or the owner's authorized representative is unwilling to accept pH-stabilized wastes. If the wastes are not alkali stabilized, the pumper shall keep the signed written statement of objection to the alkali-stabilization from the owner or authorized representative on file in conformance with ARM 17.50.813. Site restrictions found in ARM 17.50.811(4) and (5) start from the time of alkali stabilization or the date of incorporation, if not alkali-stabilized.

(4) If mechanical dewatering of septage is required, dewatering must be performed on the property from which the waste is to be removed, at a land application site approved in conformance with this subchapter, at a licensed solid waste management system, or at a permitted waste water treatment plant.

(5) Water removed from septage through a dewatering process is subject to septage disposal requirements. It may be:

(a) land applied as permitted under this subchapter for septage;

(b) discharged to a permitted wastewater treatment facility;

(c) discharged to an engineered commercial septic system; or

(d) replaced in the individual septic system of origin.

(6) A person shall apply dewatered solids to land in conformance with this subchapter or compost or dispose of them in a licensed solid waste management system.

(7) Gray water may be land-applied at approved sites without vector or pathogen reduction only if it will not pollute state waters.

(8) A person using a truck to carry potable water and pumpings shall use separate tanks with no common wall for pumpings and potable water and shall comply with ARM Title 17, chapter 38, subchapter 5, which regulates water haulers.

(9) The department may, in individual cases, place more or less restrictive criteria on septage treatment processes and individual land application and disposal sites, taking into account proximity to population centers, volume of septage or other pumpings, soil types, protection of human health and the environment, and the avoidance of public nuisances.

(10) Mixed loads of different types of pumpings must be handled with all appropriate restrictions applicable to the individual components.

(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 a bag or other container, may not be applied to public contact sites or home lawns or gardens unless the materials to be applied satisfy the pollutant concentration requirements in 40 CFR 503.13(b) (3) , the Class A pathogen requirements in 40 CFR 503.32(a) , and at least one of the vector attraction reduction requirements in 40 CFR 503.33(b) (1) through (b) (8) .

(3) A person may apply septage, bulk materials derived from septage not meeting the requirements of (2) , or materials derived from septage sold or given away in a bag or other container not meeting the requirements of (2) only to agricultural land, forest land, or reclamation sites, and only if the person first performs one of the following vector attraction and pathogen reduction methods:

(a) injection below the surface of the land so no significant amount remains on the land surface within one hour after injection;

(b) incorporation into the soil surface plow layer within six hours after the application;

(c) addition of alkali material so that the pH is raised to and remains at 12 or higher for a period of at least 30 minutes; or

(d) management as required by ARM 17.50.810 when the ground is frozen.

(4) A person may apply septage, bulk materials derived from septage not meeting the requirements of (2) , or materials derived from septage sold or given away in a bag or other container that do not meet the requirements of (2) only if the use of the site is restricted so that:

(a) food crops with harvested parts that touch the septage/soil mixture and are totally above the land surface are not harvested for 14 months after application;

(b) food crops with harvested parts below the surface of the land are not harvested for 20 months after application of material if the material remains on the land surface for four months or longer prior to incorporation into the soil;

(c) food crops with harvested parts below the surface of the land are not harvested for 38 months after application of material if the material remains on the land surface for less than four months prior to incorporation into the soil; and

(d) other food crops, feed crops, and fiber crops are not harvested for 30 days after application.

(5) The following additional restrictions apply if septage, bulk materials derived from septage not meeting the requirements of (2) , or materials derived from septage sold or given away in a bag or other container that do not meet the requirements of (2) are applied to land and have not been treated with alkali as in (3) (c) :

(a) animals may not be permitted to graze on the land for 30 days after application of the material;

(b) turf grown on the land may not be harvested for one year after application of the material if the harvested turf is to be placed on land with a high potential for public exposure or on a lawn, unless otherwise specifically authorized by the department;

(c) public access to land with high potential for public exposure must be restricted for one year after application; and

(d) public access to land with a low potential for public exposure must be restricted for 30 days after application.

(6) Septage and material derived from septage may be disposed of in a Class II disposal unit licensed by the department pursuant to ARM Title 17, chapter 50, subchapter 5, if it first has been dewatered so it is no longer a bulk liquid.

(7) Septage may be placed in an active sewage sludge management unit at a permitted wastewater treatment facility only if the facility is designed and operated to handle septage in a manner protective of human health and the environment and in conformance with Department Circular DEQ-2, Design Standards for Public Sewage Systems.

(8) A person may not dispose of septage or material derived from septage other than by landfilling or composting at a licensed solid waste management facility, in conformance with the requirements of this rule, or in a permitted treatment works, unless the licensee or applicant has first applied in writing and obtained the department's written determination that the proposed disposal methods are at least as protective of human health and the environment as the methods permitted under this subchapter.

(9) A person required by this rule to screen septage prior to application to land shall first screen the septage with a screen having a maximum opening width of three-quarters of an inch to remove non-putrescible wastes and shall dispose of the non-putrescible wastes in a Class II solid waste management facility licensed in accordance with 75-10-221, MCA. Screening is not required during the months of December, January, or February, but non-putrescible wastes must be removed from the land application site within one week after the snow melts.

(10) A person applying septage to land shall apply it with a spreader bar, splash plate, or other dispersive mechanism approved by the department.

(11) If the department determines that a licensee's litter control has been inadequate, it may require that a licensee screen septage prior to future land applications. The department may also take any other action provided by law or rule.

(2) The department and local health officer or the local health officer's designated representative may inspect disposal sites and appropriate records to determine if a violation of Title 75, chapter 10, part 12, MCA, or this subchapter is occurring or has occurred.

(3) Applicants, licensees and owners of disposal sites shall allow inspections conducted under this rule.

(a) type of material deposited at each disposal location;

(b) location of each disposal site, by street address, latitude and longitude, or township, range, section and quarter section;

(c) volume of each material deposited at each site, such as septage, grease trap wastes, sump pumpings, and wastes subject to ARM 17.50.816;

(d) number of acres to which pumpings are applied;

(e) date and time of each application;

(f) nitrogen requirement for the crop or other vegetation grown on each site;

(g) rate at which the different kinds of pumpings are deposited at each site in gallons per acre during a year;

(h) vector attraction and pathogen reduction method used for each volume of pumpings applied;

(i) pH of the material 30 minutes after alkali addition, if that method is chosen for pathogen and vector attraction reduction; and

(j) records of land owner objections to application of alkali-stabilized septage.

(2) Licensees shall retain disposal and land application records for five years.

(3) A licensee shall submit a summary of the records required in (1) to the department on the following schedule:

(a) for the period of January 1 through June 30, by July 15;

(b) for the period of July 1 through December 31, with the annual license renewal.

(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 the person performing the labor is licensed under this subchapter.

(2) A person may not use rental equipment to pump a car wash sump or other sump unless the person is licensed by the department or is the owner, operator, or employee of the facility.

(3) A person may not pump or dispose of wastes from any type of sump other than a car wash sump unless the person has first applied to the department and received its approval. On receipt of such an application, the department shall conduct a case-by-case evaluation to determine acceptable waste management strategies. The department shall consider the source of the waste and the possible constituents when making the determination.

(4) Waste from an automatic car wash bay sump may be used as clean fill or, if dewatered, as cover at landfills.

(5) Sump pumpings from attended car wash bays that prohibit the use of chlorinated solvents and are free from visible oil and grease may, if the owner provides the pumper with a written statement that the material is solvent-free, be used as clean fill or, if dewatered, as daily or intermediate landfill cover.

(6) Sump pumpings from an attended car wash bay that contain visible oil or grease may be landfarmed in accordance with applicable department rules at a licensed landfarm facility or, if dewatered, disposed of at a licensed Class II landfill with the operator's permission.

(7) Sump pumpings from an attended car wash bay that do not prohibit the use of chlorinated solvents must be handled in the same manner as an unattended car wash bay sump.

(8) Sump pumpings from an unattended car wash bay must be visually examined for oil and grease and screened for chlorinated solvents or the owner must provide the pumper with a statement concerning the solvent-free status of the material. Screening may be done with commercially available field kits and test strips.

(10) Sump pumpings from an unattended car wash bay that contain visible oil or grease, but pass the chlorinated solvent screening or are excluded from the screening requirement by the owner's knowledge of the material, may be landfarmed in accordance with applicable department rules at a licensed landfarm facility or, if dewatered, disposed of at a licensed Class II landfill with the landfill operator's permission.

(11) Sump pumpings that fail the chlorinated solvents screening test or cannot be excluded from the test by the owner's knowledge of the material, must be tested for volatile organic compounds ( VOCs ) by a method capable of detecting and quantifying at least one part per billion VOCs in the waste, screened for petroleum hydrocarbons by a method capable of detecting at least one part per million hydrocarbons, and tested for total chromium, lead, zinc, and cadmium content by a method capable of detecting and quantifying at least one part per million of each element. If free of contaminants above department action levels, the sump pumpings may be used as clean fill or, if dewatered, as daily or intermediate cover at landfills. If contamination is detected above action levels, the operator shall notify the department, and the department shall specify further testing requirements and waste disposal options.

(12) Wastes removed from unattended car wash sumps that must undergo further testing must be stored in a manner to prevent contamination of the environment until the operator receives testing results and disposes of the wastes. For example, storage may be in lined ponds, holding tanks, or concrete bins.

(13) A pumper shall retain all testing results for five years and make them available to the department upon request.

(14) Operators of facilities receiving sump waste may, before accepting waste, require additional testing.

(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 specifically designed to manage the waste.

(3) Grease trap waste may be dewatered at a permitted wastewater treatment works designed in conformance with Department Circular DEQ-2, Design Standards for Public Sewage Systems, a solid waste management system licensed in conformance with Title 75, chapter 10, part 2, MCA, or at a land application site approved in conformance with this subchapter.

(4) A person licensed under this subchapter may dewater grease trap waste where the waste is produced. An owner or lessee of property from which grease trap waste is removed may dewater grease trap waste on property owned or leased by the owner or lessee if the property has an area greater than five acres and if the dewatering does not constitute a nuisance or public health hazard and is not harmful to human health or the environment.

(5) The water from a grease trap dewatering process is commercial wastewater. It may be discharged to an individual commercial wastewater treatment system or approved wastewater treatment facility. The water may be land-applied at an approved septage land application site.

(6) Dewatered grease trap waste may be disposed of at a licensed Class II solid waste management facility.

(7) Grease trap waste, dewatered or not, may be:

(a) composted at a licensed compost facility;

(b) treated at a rendering plant; or

(c) land-applied under the following conditions:

(i) in accordance with ARM 17.50.811(3)(a) or (b) for disposal of septage; or

(ii) in accordance with ARM 17.50.810 when special conditions exist.

(8) The department may approve other methods for handling grease trap waste on a case-by-case basis. A person may not dispose of grease trap waste other than by landfilling at a licensed solid waste management system, management in conformance with this rule, or disposal in a permitted treatment works unless the person has first submitted a written application to the department and received the department's written determination that the proposed disposal methods are at least as protective of human health and the environment as the requirements of this subchapter.

(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 disposed of by a licensed septic tank pumper.

(2) A person may not pump wastes from a recreational vehicle dump station not connected to an approved wastewater treatment facility unless the person is licensed under this subchapter.

(3) A person may not place privy waste, pit toilet waste, portable toilet waste, vessel pumpout facility waste or recreational vehicle waste in a wastewater treatment system with a cesspool.

(4) A person may not place privy waste, pit toilet waste, portable toilet waste, vessel pumpout facility waste or recreational vehicle waste in a wastewater treatment system with a septic tank, unless the septic tank and connected liquid treatment system was designed for this purpose by a professional engineer licensed to practice engineering in Montana.

(5) No person may land-apply privy waste, pit toilet waste, portable toilet waste, vessel pumpout facility waste or recreational vehicle waste unless the following conditions are met:

(a) pathogen reduction, vector attraction reduction, and site restriction criteria for disposal of septage are in accordance with ARM 17.50.811;

(b) the requirements of ARM 17.50.810 for special conditions have been met; and

(c) the wastes are screened or sorted before application, during application, or within six hours after application and before incorporation into the soil to remove large non-putrescible wastes.   The non-putrescible wastes must be disposed of in a Class II solid waste management facility licensed in accordance with 75-10-221, MCA.

(6) The maximum annual application rate (AAR) for these wastes, in gallons/acre/year, is determined by the formula AAR=N/0.0052, where N equals the amount of nitrogen in pounds per acre per 365-day period needed by the crop or other vegetation grown on the land.

(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 systems;

(b) Method 9095 (the Paint Filter Liquids Test) in Manual SW-846, "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA (Update IIIA); and

(2) Copies of materials adopted and incorporated by reference in this subchapter may be obtained from the Community Services Bureau, Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901, phone: (406) 444-4400.

(3) Copies of sections of the Code of Federal Regulations (CFR) cited in this subchapter and Method 9095 (the Paint Filter Liquids Test) in Manual SW-846 also may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; or from the Environmental Protection Agency's internet web site at http://www.epa.gov.

(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 agent of the applicant or licensee.   The notice must contain the finding required in 75-10-1221, MCA.   Service is complete on the date of mailing.

(2) An order denying or revoking a license becomes final 30 days after service unless, within that time, the applicant or licensee requests a contested case hearing before the board.

(2) Whenever a person, including an applicant or owner or operator, is required by this subchapter to submit a document for department approval of an action, the person may not take that action unless the person first submits a document containing all information necessary for the department to determine whether the action complies with the requirements of this subchapter and obtains department approval.

(3) When authorized by a court order or an agreement between the department and a landowner on whose property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter has occurred, the department may act, either directly or through a third party, to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or this subchapter.

(4) Whenever the department determines under this subchapter that any information, submittal, plan, factor, procedure, condition, criterion, requirement, or change is necessary to protect human health or the environment, it shall mail notification of the determination to the appropriate applicant, owner, operator, or licensee.

(1) "100-year flood" means a flood that has a one percent or greater chance of recurring in any given year or a flood of a magnitude equalled or exceeded once in 100 years on the average over a significantly long period.

(2) "Airport" means public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities.

(3) "Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with ARM 17.50.1403.

(4) "Aquifer" means any geologic formation, group of formations, or part of a formation capable of yielding significant quantities of ground water to wells or springs.

(5) "Areas susceptible to mass movement" means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the Class II or lined Class IV landfill unit, because of natural or artificially-caused events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock fall.

(6) "Bird hazard" means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.

(7) "Class II landfill facility" has the meaning given in ARM 17.50.504.

(8) "Class III landfill facility" has the meaning given in ARM 17.50.504.

(9) "Closure" has the meaning given in ARM 17.50.502.

(10) "Department" has the meaning given in ARM 17.50.502.

(11) "Destruction or adverse modification" means a direct or indirect alteration of critical habitat that appreciably diminishes the likelihood of the survival and recovery of threatened or endangered species using that habitat.

(12) "Displacement" means the relative movement of any two sides of a fault measured in any direction.

(13) "Disposal" has the meaning given in 75-10-203, MCA.

(14) "Endangered or threatened species" means any species listed as such pursuant to section 4 of the federal Endangered Species Act of 1973.

(15) "Existing," when used in conjunction with "unit" or a type of unit, has the meaning given in ARM 17.50.502.

(16) "Facility" has the meaning given in ARM 17.50.502.

(17) "Fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.

(18) "Floodplain" means the lowland and relatively flat areas adjoining inland and coastal waters, including flood prone areas of offshore islands, that are inundated by the 100-year flood.

(19) "Ground water" has the meaning given in ARM 17.50.502.

(20) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.

(21) "Karst terranes" means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.

(22) "Landfill" has the meaning given in ARM 17.50.502.

(23) "Lateral expansion" has the meaning given in ARM 17.50.502.

(24) "Leachate" has the meaning given in ARM 17.50.502.

(25) "Licensee" has the meaning given in ARM 17.50.502.

(26) "Lithified earth material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This definition does not include artificial materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.

(27) "Maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90 percent or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.

(28) "New," when used in conjunction with "unit" or a type of unit, has the meaning given in ARM 17.50.502.

(29) "Operator" has the meaning given in ARM 17.50.502.

(30) "Owner" has the meaning given in ARM 17.50.502.

(31) "Poor foundation conditions" means those areas where features exist that indicate that a natural or artificially-caused event may result in inadequate foundation support for the structural components of a Class II or lined Class IV landfill unit.

(32) "Post-closure care" has the meaning given in ARM 17.50.502.

(33) "Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

(34) "Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

(35) "Seismic impact zone" means an area with a ten percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull (g), will exceed 0.10g in 250 years.

(36) "Solid waste management system" has the meaning given in 75-10-203, MCA.

(37) "Structural components" means liners, leachate collection systems, final covers, run-on/run-off systems, and any other component used in the construction and operation of a Class II or lined Class IV landfill unit that is necessary for protection of human health and the environment.

(38) "Taking" means harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing, or collecting or attempting to engage in such conduct.

(39) "Unit" has the meaning given in ARM 17.50.502.

(40) "Unstable area" means a location that is susceptible to natural or artificially-caused events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst terranes.

(41) "Washout" means the carrying away of solid waste by waters of the base flood.

(42) "Wetlands" has the meaning given in 40 CFR 232.2.

(1) The owner or operator of a new or existing Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, that is located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used by only piston-type aircraft shall submit for department approval a demonstration that the unit is designed and operated so that the landfill unit does not pose a bird hazard to aircraft. For a new Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, the demonstration must be submitted with the application for license. For an existing Class II landfill unit for which the demonstration has not been submitted and approved, the owner or operator shall submit the demonstration to the department for approval within 60 days after being requested to do so by the department.

(2) The owner or operator shall place the demonstration required in (1) in the operating record and notify the department that it has been placed in the operating record.

(3) An owner or operator proposing to site a new Class II landfill unit, or lateral expansion of an existing Class II landfill unit, within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft shall notify the manager of the affected airport and the Federal Aviation Administration (FAA) of the proposal.

(2) For a new Class II or Class IV landfill unit, or a lateral expansion of an existing Class II or Class IV landfill unit, the demonstration in (1) must be submitted with the application for a license.

(a) when applicable under 33 USC 1344 (Section 404 of the Federal Clean Water Act, as amended) or applicable Montana wetlands laws, clear rebuttal of the presumption that a practicable alternative to the proposed landfill is available that does not involve wetlands;

(b) the construction and operation of a Class II or Class IV landfill unit will not:

(i) cause or contribute to violations of any applicable Montana water quality standard;

(ii) violate any applicable toxic effluent standard or prohibition under 33 USC 1317 (Section 307 of the Federal Clean Water Act, as amended);

(iii) jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under 16 USC 1531 through 1544 (the Endangered Species Act of 1973, as amended); or

(iv) violate any requirement under 33 USC 1401 through 1447(f) (the Marine Protection, Research, and Sanctuaries Act of 1972, as amended) for the protection of a marine sanctuary;

(c) the Class II or Class IV landfill unit will not cause or contribute to significant degradation of wetlands. The owner or operator shall demonstrate the integrity of the Class II or Class IV landfill unit and its ability to protect ecological resources, by addressing the following factors:

(i) erosion, stability, and migration potential of native wetland soils, muds, and deposits used to support the Class II or Class IV landfill unit;

(ii) erosion, stability, and migration potential of dredged and fill materials used to support the Class II or Class IV landfill unit;

(iii) the volume and chemical nature of the waste managed in the Class II or Class IV landfill unit;

(iv) impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste;

(v) the potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and

(vi) any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected;

(d) to the extent required under 33 USC 1344 (Section 404 of the Federal Clean Water Act, as amended) or applicable Montana wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands, as defined by acreage and function, by first avoiding impacts to wetlands to the maximum extent practicable as required by (1)(a), then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions, e.g., restoration of existing degraded wetlands or creation of artificial wetlands; and

(e) sufficient information is available to make a reasonable determination with respect to these demonstrations.

(a) on-site or local soil conditions that may result in significant differential settling;

(b) on-site or local geologic or geomorphologic features; and

(c) on-site or local artificial features or events, both surface and subsurface.

(a) a sufficient amount of land must be available to satisfy the approved design, operation, and capacity of any solid waste management system, including adequate separation of wastes from underlying ground water or adjacent surface water;

(b) local roads must be capable of providing access in all weather conditions and local bridges must be capable of supporting vehicles with maximum rated loads;

(c) the facility must be located in a manner that does not allow the discharge of pollutants in excess of state standards for the protection of state waters, public water supply systems, or private water supply systems. The department may, if necessary to protect human health or the environment, impose additional conditions on a facility in or near sensitive hydrogeological environments including, but not limited to, sole-source aquifers, wellhead protection areas, or gravel pits;

(d) drainage structures must be installed to control surface water run-off from waste management areas and prevent surface water run-on into waste management areas;

(e) the facility must be located to allow for closure, post-closure care, and planned uses of the land after the post-closure period;

(f) the facility must manage solid waste, gas, and leachate pursuant to subchapters 4 and 5 and subchapters 10 through 14;

(g) the facility or practices may not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife;

(h) a Class III landfill may not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health, wildlife, or land or water resources; and

(i) the facility or solid waste management activity may not result in the destruction or adverse modification of the critical habitat of endangered or threatened species, as identified in 50 CFR Part 17.

(2) Whenever a person, including an applicant or owner or operator, is required by this subchapter to submit a document for department approval of an action, the person may not take that action unless the person first submits a document containing all information necessary for the department to determine whether the action complies with the requirements of this subchapter and obtains department approval.

(3) When authorized by a court order or an agreement between the department and a landowner on whose property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter has occurred, the department may act, either directly or through a third party, to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or this subchapter.

(4) Whenever the department determines under this subchapter that any information, submittal, plan, factor, procedure, condition, criterion, requirement, or change is necessary to protect human health or the environment, it shall mail notification of the determination to the appropriate applicant, owner, operator, or licensee.

(1) "Active life" has the meaning given in ARM 17.50.502.

(2) "Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with ARM 17.50.1403.

(3) "Aquifer" means any geologic formation, group of formations, or part of a formation capable of yielding significant quantities of ground water to wells or springs.

(4) "Class II landfill facility" has the meaning given in ARM 17.50.504.

(5) "Class III landfill facility" has the meaning given in ARM 17.50.504.

(6) "Class IV landfill facility" has the meaning given in ARM 17.50.504.

(7) "Closure" has the meaning given in ARM 17.50.502.

(8) "Conditionally exempt small quantity generator wastes" means wastes from a generator defined in 40 CFR 261.5.

(9) "Department" has the meaning given in ARM 17.50.502.

(10) "Disease vectors" means any rodents, flies, mosquitoes, or other animals, including insects, capable of transmitting disease to humans.

(11) "Existing," when used in conjunction with "Unit" or a type of unit, has the meaning given in ARM 17.50.502.

(12) "Facility" has the meaning given in ARM 17.50.502.

(13) "Gas condensate" means the liquid generated as a result of a gas recovery process at a Class II landfill unit.

(14) "Ground water" has the meaning given ARM 17.50.502.

(15) "Group II waste" has the meaning given in ARM 17.50.503.

(16) "Household waste" means any solid waste, including garbage, trash, and sanitary waste in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

(17) "Landfill" has the meaning given in ARM 17.50.502.

(18) "Lateral expansion" has the meaning given in ARM 17.50.502.

(19) "Leachate" has the meaning given in ARM 17.50.502.

(20) "Liquid waste" means any waste material that is determined to contain "free liquids,'' as defined by Method 9095B (Paint Filter Liquids Test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'' (EPA Publication No. SW-846).

(21) "Lower explosive limit" means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at 25° C and atmospheric pressure.

(22) "New," when used in conjunction with "unit" or a type of unit, has the meaning given in ARM 17.50.502.

(23) "Open burning" means the combustion of solid waste without:

(a) control of combustion air to maintain adequate temperature for efficient combustion;

(b) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and

(c) control of the emission of the combustion products.

(24) "Operator" has the meaning given in ARM 17.50.502.

(25) "Owner" has the meaning given in ARM 17.50.502.

(26) "Post-closure care" has the meaning given in ARM 17.50.502.

(27) "Regulated hazardous waste" has the meaning given in ARM 17.50.502.

(28) "Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

(29) "Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

(30) "Special waste" has the meaning given in ARM 17.50.502.

(31) "Transfer station" means a solid waste management facility that can have a combination of structures, machinery, or devices, where solid waste is taken from collection vehicles (public, commercial, or private) and placed in other transportation units for movement to another solid waste management facility.

(32) "Unit" has the meaning given in ARM 17.50.502.

(33) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within a facility's property boundary.

(34) "Wetlands" has the meaning given in 40 CFR 232.2.

(a) random inspections of incoming loads, unless the owner or operator

takes other precautions to ensure that incoming loads do not contain regulated hazardous waste or PCB waste;

(b) maintaining records of any inspections;

(c) training of facility personnel to recognize regulated hazardous waste

and PCB waste; and

(d) notification of the department if a regulated hazardous waste or PCB waste is discovered at the facility.

(2) The owner or operator shall submit for departmental approval procedures for use of any alternative daily cover materials and include those procedures in the operation and maintenance plan required in ARM 17.50.508 and 17.50.509. The following criteria also apply:

(a) the procedures for the use of alternative daily cover materials must provide for the application of six inches of approved cover soil at least once per week;

(b) the owner or operator shall demonstrate in the operation and maintenance plan that the material used in, and the thickness of, the alternative daily cover will control disease vectors, fires, odors, blowing litter, and scavenging, and minimize leachate without presenting a threat to human health or the environment; and

(c) the owner or operator of a Class II landfill unit for which some portion will not receive additional waste within 90 days shall place on that portion an intermediate cover of at least one foot of approved cover soil, unless the owner or operator has submitted for department approval a demonstration that there is good cause for not covering.

(a) the concentration of methane gas generated by the facility does not exceed 25 percent of the lower explosive limit for methane in facility structures, excluding gas control or recovery system components; and

(b) the concentration of methane gas does not exceed the lower explosive limit for methane at the facility property boundary.

(2) The owner or operator of a Class II landfill unit shall implement a routine methane monitoring program to ensure that the standards of (1) are met.

(3) The minimum frequency of monitoring required in (2) is quarterly, except as provided in (7). The type and frequency of monitoring required in (2) must be determined based on the following factors:

(a) soil conditions;

(b) the hydrogeologic conditions surrounding the facility;

(c) the hydraulic conditions surrounding the facility;

(d) the location of facility structures and property boundaries.

(4) If methane gas levels exceeding the limits specified in (1) are detected, the owner or operator shall:

(a) immediately take all necessary steps to ensure protection of human health and notify the department;

(b) within seven days after detection, place in the operating record specification of the methane gas levels detected and a description of the steps taken to protect human health; and

(c) within 60 days after detection, submit for department approval, and implement, a remediation plan for controlling methane gas releases, place a copy of the plan in the operating record, and notify the department that the plan has been implemented.

(5) The remediation plan in (4)(c) must:

(a) describe the nature and extent of the problem and the proposed remedy;

(b) provide design plans for the proposed remedy; and

(c) for construction of all methane gas control systems required in this rule, contain a submission for department approval that includes plans, specifications, reports, and certifications to the same extent as required in ARM 17.50.1205.

(6) The department may establish alternative schedules for demonstrating compliance with (4)(b) and (c).

(7) The department may establish alternative frequencies for the monitoring requirement of (3), after public review and comment, for an owner or operator of a Class II landfill unit that disposes of 20 tons or less of municipal solid waste per day, based on an annual average. Any alternative monitoring frequencies established under this paragraph must:

(a) be based on the unique characteristics of small communities;

(b) take into account climatic and hydrogeologic conditions; and

(c) be protective of human health and the environment.

(2) Open burning of solid waste is prohibited at all Class II landfill units, except that infrequent burning of agricultural wastes, silvicultural wastes, land-clearing debris, diseased trees, or debris from emergency cleanup operations, may occur only in compliance with the solid waste facility's operation and maintenance plan and a permit obtained under ARM Title 17, chapter 8, part 6.

(a) a run-on control system to prevent flow onto the active portion of the landfill during the peak discharge from a 25-year storm; and

(b) a run-off control system from the active portion of the landfill to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

(2) Run-off from the active portion of the landfill unit must be handled in accordance with 17.50.1110(1).

(a) cause a discharge of a pollutant into state waters, including wetlands, that violates any requirement of the Montana Water Quality Act including, but not limited to, the Montana pollutant discharge elimination system (MPDES) or the requirements found in ARM Title 17, chapter 30, subchapter 13; or

(b) cause the discharge from a nonpoint source of pollution to waters of the United States, including wetlands, that violates any requirement of an area-wide or statewide water quality management plan that has been approved under 33 USC 1288 or 1329 (section 208 or 319 of the Federal Clean Water Act, as amended).

(a) the waste is household waste other than septic waste; or

(b) the waste is leachate or gas condensate derived from the Class II landfill unit and the Class II landfill unit, whether it is a new or existing Class II landfill unit, or lateral expansion of an existing Class II landfill unit, is designed with a composite liner and leachate collection and removal system as described in ARM 17.50.1204(1)(b). The owner or operator shall submit a demonstration to the department that the waste would meet the requirements of this rule, place the demonstration in the facility operating record, and notify the department that it has been placed in the operating record.

(2) Containers holding liquid waste may not be placed in a Class II landfill unit unless:

(a) the container is a small container similar in size to that normally containing household waste;

(b) the container is designed to hold liquids for use other than storage; or

(c) the waste is household waste.

(a) any location restriction demonstration required under ARM Title 17, chapter 50, subchapter 10;

(b) inspection records, training procedures, and notification procedures required in ARM 17.50.1103;

(c) gas monitoring results and any remediation plans required by ARM 17.50.1106;

(d) any Class II landfill unit design documentation for placement of leachate or gas condensate in a Class II landfill unit, as required under ARM 17.50.1111(1)(b);

(e) any demonstration, certification, finding, monitoring, testing, or analytical data required by ARM Title 17, chapter 50, subchapter 13;

(f) closure and post-closure care plans and any monitoring, testing, or analytical data as required by ARM 17.50.1403 and 17.50.1404;

(g) any cost estimates and financial assurance documentation required by ARM 17.50.540; and

(h) any information demonstrating compliance with the small community exemption, as required by ARM 17.50.1203(2).

(2) The owner/operator shall notify the department when a document listed in (1) has been placed in, or added to, the operating record, and all information contained in the operating record must be furnished upon request to the department or be made available at all reasonable times for inspection by the department.

(3) The department may set, and an owner or operator shall comply with, alternative schedules for recordkeeping and notification requirements specified in (1) and (2), except for the notification requirements in ARM 17.50.1003(2) and 17.50.1307(7)(a)(iii).

(4) The department's regulatory program for solid waste does not include the requirements of 40 CFR Part 3, Electronic Reporting. Therefore, the owner or operator may not submit electronic documents to satisfy the requirements of subchapters 4 through 14.

(a) Before the initial receipt of waste at the facility or, if the facility is licensed and accepting waste on February 12, 2010, by April 13, 2010, the owner of the land where a facility is located shall submit for department approval a notation to the deed to that land, or to some other instrument that is normally examined during title search. The notation must be submitted to the department on a form provided by the department and, if the notation covers less than all of the land in the deed, must be accompanied by a certified exhibit of the waste boundary that references the certificate of survey for the tract that encloses the facility. If the notation covers all of the land in the deed, then the notation must reference the certificate of survey for that land. The notation must, in perpetuity, notify any potential purchaser of the land that:

(i) the land has been used as a solid waste management system; and

(ii) its use is restricted under ARM 17.50.1404(3)(c).

(b) If the department approves the notation and exhibit, it shall notify the owner by mail.

(c) Within ten days after the department mails the approval to the owner, the owner shall record that notation with the county clerk and recorder in the county where the property is located and place a copy of the recorded notation and the exhibit in the facility operating record.

(d) The land use restrictions in (1)(a)(ii) apply during the post-closure care period and in perpetuity thereafter and are binding on all successors and assigns.

(e) The owner of the land where a solid waste management system is located may modify the waste disposal perimeter identified in the exhibit accompanying the notation only by following the process in (1)(a) through (c).

(2) For the purpose of this rule, "waste boundary" means the perimeter of the area approved by the department for disposal of solid waste that is located within the licensed boundary of a solid waste landfill facility.

(1) The owner or operator of a solid waste management facility shall manage the following special wastes according to the plan in ARM 17.50.509 and the following criteria:

(a) asbestos-contaminated material, 40 CFR Part 61, subpart M, as adopted by reference in ARM 17.74.351;

(b) infectious wastes, Title 75, chapter 10, part 10, MCA; and

(c) any other special waste, in the manner determined by the department to be necessary to protect human health or the environment.

(2) In addition to the requirements of ARM 17.50.509, the owner or operator of a solid waste management facility shall satisfy the following general operating requirements:

(a) all solid waste management must be confined to areas within the facility that can be effectively maintained and operated in compliance with this subchapter. The areas to which waste is confined must be created and maintained by supervision, fencing, signs, or similar means approved by the department;

(b) the owner or operator shall take effective measures to control litter at landfill facilities;

(c) salvaging of materials by the public is prohibited unless the owner or operator submits for department approval a demonstration that it can be done in a manner protective of human health and the environment;

(d) a resource recovery, recycling, or solid waste treatment facility and components must be designed, constructed, maintained, and operated to control litter, insects, rodents, odor, residues, wastewater, and air pollutants;

(e) a container at a transfer station used as part of a management system for Group II solid wastes must be maintained and kept in a sanitary manner and emptied at least once per week; and

(f) a solid waste management facility must be designed, constructed, and operated in a manner to prevent harm to human health and the environment.

(1) The owner or operator of a Class III landfill unit:

(a) may accept only Group III wastes;

(b) shall cover the wastes at least every three months with not less than six inches of a department-approved cover soil;

(c) may not place bulk or noncontainerized liquid waste in the unit;

(d) shall comply, to the same extent required of a Class II landfill unit, with:

(i) ARM 17.50.1107, pertaining to air quality;

(ii) ARM 17.50.1108, pertaining to access; and

(iii) ARM 17.50.1109, pertaining to run-on control systems;

(e) shall, if the unit has been licensed for the sole or primary purpose of storage, treatment, processing, or disposal of waste tires, comply with the recordkeeping requirements of ARM 17.50.1112, the general requirements of 75-10-250, MCA, and the financial assurance requirements of 75-10-216, MCA; and

(f) shall comply with the requirements of ARM 17.50.1113, concerning a deed notation.

(1) The owner or operator of a Class IV landfill unit:

(a) shall control litter, odor, wastewater, and leachate;

(b) shall apply an approved cover at least every three months unless more frequent cover is needed to control litter or minimize leachate;

(c) may not accept liquid paints, solvents, glues, resins, dyes, oils, pesticides, putrescible organic materials, or any other household hazardous wastes. If these wastes have not been removed from buildings prior to demolition, the owner or operator of a Class IV landfill unit may not accept the wastes as demolition waste;

(d) shall provide cost estimates and financial assurance for closure and post-closure care to the same extent as required for a Class II landfill unit in ARM 17.50.540; and

(e) shall comply with the requirements of ARM 17.50.1113 concerning a deed notation.

(2) The owner or operator of a Class IV landfill unit shall comply, to the same extent required for a Class II landfill unit, with the:

(a) waste screening requirements in ARM 17.50.1103;

(b) disease vector control requirements in ARM 17.50.1105;

(c) explosive gas control requirements in ARM 17.50.1106;

(d) air criteria requirements in ARM 17.50.1107;

(e) access requirements in ARM 17.50.1108;

(f) run-on and run-off control systems requirements as in ARM 17.50.1109;

(g) surface water requirements in ARM 17.50.1110;

(h) bulk liquids requirements in ARM 17.50.1111;

(i) recordkeeping requirements in ARM 17.50.1112; and

(j) ground water monitoring requirements in ARM Title 17, chapter 50, subchapter 13, unless the owner or operator obtains department approval of a demonstration that there is no potential for migration of a constituent in Appendix I or II to 40 CFR Part 258 (July 1, 2008) pursuant to ARM Title 17, chapter 50, subchapter 13, or a demonstration that such monitoring is not required to protect human health and the environment.

(2) Whenever a person, including an applicant or owner or operator, is required by this subchapter to submit a document for department approval of an action, the person may not take that action unless the person first submits a document containing all information necessary for the department to determine whether the action complies with the requirements of this subchapter and obtains department approval.

(3) When authorized by a court order or an agreement between the department and a landowner on whose property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter has occurred, the department may act, either directly or through a third party, to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or this subchapter.

(4) Whenever the department determines under this subchapter that any information, submittal, plan, factor, procedure, condition, criterion, requirement, or change is necessary to protect human health or the environment, it shall mail notification of the determination to the appropriate applicant, owner, operator, or licensee.

(1) "Active life" has the meaning given in ARM 17.50.502.

(2) "Class II landfill facility" has the meaning given in ARM 17.50.504.

(3) "Class IV landfill facility" has the meaning given in ARM 17.50.504.

(4) "Closure" has the meaning given in ARM 17.50.502.

(5) "Composite liner" means a system consisting of two components. The upper component must consist of a minimum 30-mil flexible membrane liner (FML), and the lower component must consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1×10^-7 cm/sec. FML components consisting of high density polyethylene (HDPE) must be at least 60-mil thick. The FML component must be installed in direct and uniform contact with the compacted soil component.

(6) "Department" has the meaning given in ARM 17.50.502.

(7) "Existing," when used in conjunction with "unit" or a type of unit, has the meaning given in ARM 17.50.502.

(8) "Facility" has the meaning given in ARM 17.50.502.

(9) "Ground water" has the meaning given in ARM 17.50.502.

(10) "Landfill" has the meaning given in ARM 17.50.502.

(11) "Lateral expansion" has the meaning given in ARM 17.50.502.

(12) "Leachate" has the meaning given in ARM 17.50.502.

(13) "Leachate collection system" means an engineered structure, designed to collect leachate, that is located above a liner and below the waste in a landfill unit.

(14) "Leachate removal system" means an engineered structure that allows for the removal of leachate from a landfill unit. A leachate removal system may be, but is not necessarily, used in conjunction with a leachate collection system.

(15) "New," when used in conjunction with "unit" or a type of unit, has the meaning given in ARM 17.50.502.

(16) "Operator" has the meaning given in ARM 17.50.502.

(17) "Owner" has the meaning given in ARM 17.50.502.

(18) "Remediation" means the act of reducing contamination to a level that is protective of human health and the environment.

(19) "Underground drinking water source" means:

(a) an aquifer supplying drinking water for human consumption; or

(b) an aquifer in which the ground water contains less than 10,000 mg/L total dissolved solids.

(20) "Unit" has the meaning given in ARM 17.50.502.

(a) a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility; or

(b) a community that has no practicable waste management alternative and the landfill unit is located in an area that annually receives no more than 25 inches of precipitation. For the purposes of this rule, the lack of a practicable waste management alternative may be demonstrated by the following:

(i) there is no access to a licensed Class II landfill facility within 100 miles of the community; and

(ii) the cost per household of using an alternative disposal method, and the cost per household of complying with the requirements for landfill design and operation, distributed over the estimated active life of the landfill, will each exceed on an annual basis 1% of the median household income for the service area.

(2) The owner or operator of a new Class II or Class IV landfill unit, existing Class II or Class IV landfill unit, or lateral expansion of an existing Class II or Class IV landfill unit, that meets the criteria in (1)(a) or (b) shall place in the operating record information demonstrating this.

(3) Within 14 days after obtaining knowledge of ground water contamination resulting from the unit for which the exemption in (1)(a) or (b) has been claimed, the owner or operator of a new Class II or Class IV landfill unit, existing Class II or Class IV landfill unit, or lateral expansion of an existing Class II or Class IV landfill unit, shall notify the department of such contamination and, thereafter, comply with ARM Title 17, chapter 50, subchapters 12 and 13.

(4) An owner or operator shall demonstrate to the department in writing that the owner or operator meets the requirements of this rule, to obtain approval for a small community exemption.

(a) ensures that the concentration values listed in Table 1 of this rule will not be exceeded at the relevant point of compliance, as specified by the department:

(i) for a Class II landfill unit, in the uppermost aquifer; or

(ii) for a Class IV landfill unit, in an underground drinking water source; or

(b) utilizes a composite liner and a leachate collection and removal system that is designed and constructed to maintain less than a 30-cm depth of leachate over the liner.

(2) When determining whether a design complies with (1)(a), the department shall consider at least the following factors:

(a) the hydrogeologic characteristics of the facility and surrounding land;

(b) the climatic factors of the area; and

(c) the volume and physical and chemical characteristics of the leachate.

(3) The relevant point of compliance (RPOC) specified by the department pursuant to (1)(a) may not be more than 150 meters from the waste management unit boundary and must be on land owned by the owner of the Class II or Class IV landfill unit. In determining the RPOC, the department shall consider at least the following factors:

(a) the hydrogeologic characteristics of the facility and surrounding land;

(b) the volume and physical and chemical characteristics of the leachate;

(c) the quantity, quality, and direction of flow of ground water;

(d) the proximity and withdrawal rate of the ground water users;

(e) the availability of alternative drinking water supplies;

(f) the existing quality of the ground water, including other sources of contamination and their cumulative impacts on the ground water, and whether the ground water is currently used or reasonably expected to be used for drinking water;

(g) public health, safety, and welfare effects; and

(h) practicable capability of the owner or operator.

Table 1

Chemical	MCL (mg/L)
Arsenic	0 .05
Barium	1 .0
Benzene	0 .005
Cadmium	0 .01
Carbon tetrachloride	0 .005
Chromium (hexavalent)	0 .05
2,4-Dichlorophenoxy acetic acid	0 .1
1,4-Dichlorobenzene	0 .075
1,2-Dichloroethane	0 .005
1,1-Dichloroethylene	0 .007
Endrin	0 .0002
Fluoride	4
Lindane	0 .004
Lead	0 .05
Mercury	0 .002
Methoxychlor	0 .1
Nitrate	10
Selenium	0 .01
Silver	0 .05
Toxaphene	0 .005
1,1,1-Trichloromethane	0 .2
Trichloroethylene	0 .005
2,4,5-Trichlorophenoxy acetic acid	0 .01
Vinyl Chloride	0 .002

(a) a leachate collection system is not required for a landfill unit that has obtained department approval of a demonstration, pursuant to ARM 17.50.1303(2), that there is no potential for migration of a constituent in Appendix I or II to 40 CFR Part 258 (July 1, 2008) pursuant to ARM Title 17, chapter 50, subchapter 13; and

(b) a liner is not required for a Class IV landfill unit located within the approved ground water monitoring network of a licensed Class II landfill facility.

(2) An owner or operator of a new Class II or Class IV landfill facility shall submit to the department for approval each landfill unit design plan, including any design specifications or applicable plans or documents developed pursuant to this chapter. The design plan must demonstrate compliance with the standards of ARM 17.50.1204(1).

(3) The owner or operator of a new Class II or Class IV landfill unit, or lateral expansion of an existing Class II or Class IV landfill unit, shall design and construct a landfill unit leachate collection and leachate removal system required under this subchapter to:

(a) provide for accurate monitoring of the leachate level, measured to within one centimeter, on the liner or base of the unit, and the leachate volume removed from the unit; and

(b) provide a minimum slope at the base of the overlying leachate collection layer equal to at least two percent.

(4) An owner or operator of a Class II landfill unit may, if it obtains department approval, recirculate leachate to that unit if the unit is constructed with a composite liner, leachate collection, and leachate removal system.

(5) At the time the owner or operator submits a design plan required in (2), the owner or operator of a Class II or Class IV landfill facility shall submit to the department for approval a construction quality control (CQC) and construction quality assurance (CQA) plan describing procedures that provide for conformance with the department-approved design plans required by (2).

(6) Within 60 days after construction of a Class II or Class IV landfill unit is completed, the owner or operator shall submit to the department for approval a final CQC and CQA report that describes, at a minimum, construction activities and deviations, and conformance with the plan required in (5).

(7) Within 60 days after construction of a Class II or Class IV landfill unit is completed, the owner or operator shall submit a certification, by an independent Montana licensed professional engineer, that the project was constructed according to the plans required in (2) and (5).

(2) Whenever a person, including an applicant or owner or operator, is required by this subchapter to submit a document for department approval of an action, the person may not take that action unless the person first submits a document containing all information necessary for the department to determine whether the action complies with the requirements of this subchapter and obtains department approval.

(3) When authorized by a court order or an agreement between the department and a landowner on whose property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter has occurred, the department may act, either directly or through a third party, to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or this subchapter.

(4) Whenever the department determines under this subchapter that any information, submittal, plan, factor, procedure, condition, criterion, requirement, or change is necessary to protect human health or the environment, it shall mail notification of the determination to the appropriate applicant, owner, operator, or licensee.

(1) "Appendix I to 40 CFR Part 258" means the appendix from the July 1, 2008, Code of Federal Regulations, as set forth in ARM 17.50.1306.

(2) "Appendix II to 40 CFR Part 258" means the appendix from the July 1, 2008, Code of Federal Regulations, as set forth in ARM 17.50.1307.

(3) "Aquifer" has the meaning given in ARM 17.50.1002.

(4) "Class II landfill facility" has the meaning given in ARM 17.50.504.

(5) "Class IV landfill facility" has the meaning given in ARM 17.50.504.

(6) "Closure" has the meaning given in ARM 17.50.502.

(7) "Department" has the meaning given in ARM 17.50.502.

(8) "Disposal" has the meaning given in 75-10-203(3), MCA.

(9) "Existing," when used in conjunction with "unit" or a type of unit, has the meaning given in ARM 17.50.502.

(10) "Facility" has the meaning given in ARM 17.50.502.

(11) "Ground water" has the meaning given in ARM 17.50.502.

(12) "Landfill" has the meaning given in ARM 17.50.502.

(13) "Lateral expansion" has the meaning given in ARM 17.50.502.

(14) "New," when used in conjunction with "unit" or a type of unit, has the meaning given in ARM 17.50.502.

(15) "Operator" has the meaning given in ARM 17.50.502.

(16) "Owner" has the meaning given in ARM 17.50.502.

(17) "Post-closure care" has the meaning given in ARM 17.50.502.

(18) "Qualified ground water scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and has sufficient training and experience in ground water hydrology and related fields, as may be demonstrated by state registration, professional certifications, or completion of accredited university programs, that enable that individual to make sound professional judgments regarding ground water monitoring, contaminant fate and transport, and corrective action.

(19) "Saturated zone" means that part of the earth's crust in which all voids are filled with water.

(20) "Sludge" means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

(21) "Underground drinking water source" means:

(a) an aquifer supplying drinking water for human consumption; or

(b) an aquifer in which the ground water contains less than 10,000 mg/L total dissolved solids.

(22) "Unit" has the meaning given in ARM 17.50.502.

(23) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

(2) Ground water monitoring requirements under ARM 17.50.1304 through 17.50.1307 for a Class II or Class IV landfill unit may be suspended by the department if the owner or operator submits, and obtains department approval for, a demonstration that there is no potential for migration of a constituent in Appendix I or II to 40 CFR Part 258 (July 1, 2008) from that Class II or Class IV landfill unit to the uppermost aquifer or underground drinking water source, as required in ARM 17.50.1204, during the active life of the unit and the post-closure care period. This demonstration must be certified by a qualified ground water scientist, and must be based upon:

(a) site-specific field collected measurements, sampling, and analysis of physical, chemical, and biological processes affecting contaminant fate and transport; and

(b) contaminant fate and transport predictions that maximize contaminant migration and consider impacts on human health and environment.

(3) The owner or operator of an existing Class II or Class IV landfill unit, or a lateral expansion of an existing Class II or Class IV landfill unit, except one meeting the conditions of ARM 17.50.1203, shall comply with the ground water monitoring requirements of ARM Title 17, chapter 50, subchapters 5 through 14.

(4) A new Class II or Class IV landfill unit must be in compliance with the ground water monitoring requirements specified in ARM 17.50.1304 through 17.50.1307 before waste may be placed in the unit.

(5) Once ground water monitoring has begun at a Class II or Class IV landfill unit, the owner or operator shall continue to conduct ground water monitoring throughout the active life and post-closure care period of that unit, as specified in ARM 17.50.1404.

(6) The department may establish, and the owner or operator shall comply with, alternative schedules for demonstrating compliance with ARM 17.50.1304(6)(b), pertaining to notification of placement of certification in operating record; ARM 17.50.1306(5)(a), pertaining to notification that statistically significant increase (SSI) notice is in operating record; ARM 17.50.1306(5)(b) and (7), pertaining to an assessment monitoring program; ARM 17.50.1307(2), pertaining to sampling and analyzing constituents in Appendix II to 40 CFR Part 258 (July 1, 2008); ARM 17.50.1307(4)(a), pertaining to placement of notice (Appendix II constituents detected) in record and notification of notice in record; ARM 17.50.1307(7), pertaining to sampling for Appendix I and II; ARM 17.50.1307(7), pertaining to notification (and placement of notice in record) of SSI above ground water protection standard; ARM 17.50.1307(7)(a)(iv) and ARM 17.50.1308(1), pertaining to assessment of corrective measures; ARM 17.50.1309(1), pertaining to selection of remedy and notification of placement in record; ARM 17.50.1310(3)(e), pertaining to notification of placement in record (alternative corrective action measures); and ARM 17.50.1310(7), pertaining to notification of placement in record (certification of remedy completed).

(a) represent the quality of background ground water that has not been affected by leakage from a unit. A determination of background quality may include sampling of wells that are not hydraulically upgradient of the waste management area when:

(i) hydrogeologic conditions do not allow the owner or operator to determine the wells that are hydraulically upgradient; or

(ii) sampling at other wells will provide an indication of background ground water quality that is as representative or more representative than that provided by the upgradient wells; and

(b) represent the quality of ground water passing the relevant point of compliance specified by the department under ARM 17.50.1204(3). The downgradient monitoring system must be installed at the relevant point of compliance specified by the department under ARM 17.50.1204(3) that ensures detection of ground water contamination in the uppermost aquifer, or underground drinking water source, as required in ARM 17.50.1204. When physical obstacles preclude installation of ground water monitoring wells at the relevant point of compliance at existing units, the downgradient monitoring system may be installed at the closest practicable distance hydraulically downgradient from the relevant point of compliance specified by the department under ARM 17.50.1204(3) that ensures detection of ground water contamination in the uppermost aquifer, or underground drinking water source, as required in ARM 17.50.1204.

(2) The department may approve a multi-unit ground water monitoring system instead of separate ground water monitoring systems for each Class II or Class IV landfill unit when the facility has several units, if the multi-unit ground water monitoring system meets the requirements of (1) and will be as protective of human health and the environment as individual monitoring systems for each Class II or Class IV landfill unit, based on the following factors:

(a) number, spacing, and orientation of the Class II or Class IV landfill unit;

(b) hydrogeologic setting;

(c) site history;

(d) engineering design of the Class II or Class IV landfill unit; and

(e) type of waste accepted at the Class II or Class IV landfill unit.

(3) Monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing must be screened or perforated and packed with gravel or sand, where necessary, to enable collection of ground water samples. The annular space, i.e., the space between the bore hole and well casing, above the sampling depth must be sealed to prevent contamination of samples and the ground water.

(4) The owner or operator of a Class II or Class IV landfill unit required to monitor under this subchapter shall:

(a) submit a ground water monitoring plan to the department for approval that includes:

(i) the location, number, depth, design, installation, development, and decommission of any monitoring wells;

(ii) plans for the design, installation, development, and decommission of piezometers or other measurement, sampling, and analytical devices; and

(iii) discussions of the anticipated ground water monitoring system and schedule of sampling for closed portions of the facility, if applicable;

(b) update the ground water monitoring plan at least once every five years, except that a ground water monitoring plan for a closed facility must be updated at least every ten years; and

(c) notify the department that the approved ground water monitoring systems plan has been placed in the operating record.

(5) The monitoring wells, piezometers, and other measurement, sampling, and analytical devices must be operated and maintained so that they perform to design specifications throughout the life of the monitoring program.

(6) The number, spacing, and depths of monitoring wells must be:

(a) determined based upon site-specific technical information that must include thorough characterization of:

(i) aquifer thickness, ground water flow rate, ground water flow direction, including seasonal and temporal fluctuations in ground water flow; and

(ii) saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, or underground drinking water source, as required in ARM 17.50.1204, materials comprising the uppermost aquifer, or underground drinking water source, as required in ARM 17.50.1204, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer, or underground drinking water source, as required in ARM 17.50.1204, including, but not limited to, thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities, and effective porosities; and

(b) be certified by a qualified ground water scientist and approved by the department. Within 14 days of this certification, the owner or operator shall notify the department that the certification has been placed in the operating record.

(7) The drilling and construction of a ground water monitoring well at a solid waste management system may be subject to the requirements of Title 36, chapter 21, subchapters 4, 7, and 8.

(a) sample collection;

(b) sample preservation and shipment;

(c) analytical procedures;

(d) chain of custody control; and

(e) quality assurance and quality control.

(2) The owner or operator of a facility shall notify the department that the approved sampling and analysis plan has been placed in the operating record.

(3) The ground water monitoring program required in (1) must include sampling and analytical methods that are appropriate for ground water sampling and that accurately measure constituents and parameters that are required to be monitored in ground water samples. Any requirement in this subchapter for analysis of the concentration in ground water of a metal listed in Appendix I or II to 40 CFR Part 258 (July 1, 2008) is for analysis of the dissolved metal concentration, unless another alternative for analysis is approved in writing by the department on an individual facility basis.

(4) The sampling procedures and frequency must be protective of human health and the environment.

(5) Ground water elevations must be measured in each well immediately prior to purging, each time ground water is sampled. The owner or operator shall determine the rate and direction of ground water flow each time ground water is sampled. Ground water elevations in wells that monitor the same waste management area must be measured within a period of time short enough to avoid temporal variations in ground water flow that could preclude accurate determination of ground water flow rate and direction.

(6) The owner or operator shall establish background ground water quality in a hydraulically upgradient or background well(s) for each of the constituents and parameters required in the particular ground water monitoring program that applies to the Class II or Class IV landfill unit, as determined under ARM 17.50.1306(1) or 17.50.1307(1). Background ground water quality may be established at wells that are not located hydraulically upgradient from the Class II and Class IV landfill unit if they meet the requirements of ARM 17.50.1304(1)(a).

(7) The number of samples collected to establish ground water quality data must be consistent with the appropriate statistical procedures determined pursuant to (8). The sampling procedures must be those specified under ARM 17.50.1306(2) for detection monitoring, ARM 17.50.1307(2) and (4) for assessment monitoring, and ARM 17.50.1308(2) for corrective action.

(8) The owner or operator shall specify in the operating record one of the statistical methods in (8)(a) through (e) to be used in evaluating ground water monitoring data for each constituent or parameter. The statistical test chosen must be conducted separately for each constituent and parameter in each well:

(a) a parametric analysis of variance (ANOVA) followed by multiple comparisons procedures, to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's mean levels and the background mean levels for each constituent or parameter;

(b) an analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures, to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's median levels and the background median levels for each constituent or parameter;

(c) a tolerance or prediction interval procedure in which an interval for each constituent or parameter is established from the distribution of the background data, and the level of each constituent or parameter in each compliance well is compared to the upper tolerance or prediction limit;

(d) a control chart approach that provides control limits for each constituent or parameter; or

(e) another statistical test method that meets the performance standards of (9). The owner or operator shall place a justification for this alternative in the operating record and notify the department of the use of this alternative test. The justification must demonstrate that the alternative method meets the performance standards of (9).

(9) Any statistical method chosen under (8) must comply with the following performance standards, as appropriate:

(a) the statistical method used to evaluate ground water monitoring data must be appropriate for the distribution of constituents and parameters. If the distribution of the constituents or parameters is shown by the owner or operator to be inappropriate for a normal theory test, then the data should be transformed or a distribution-free theory test should be used. If the distributions for the constituents or parameters differ, more than one statistical method may be needed;

(b) if an individual well comparison procedure is used to compare a constituent or parameter concentration in an individual compliance well with background constituent or parameter concentrations or a ground water protection standard, the test must be performed at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experiment wise error rate for each testing period must be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons must be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts;

(c) if a control chart approach is used to evaluate ground water monitoring data, the specific type of control chart and its associated parameter values must be protective of human health and the environment. The parameters must be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent and parameter of concern;

(d) if a tolerance interval or a predictional interval is used to evaluate ground water monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, must be protective of human health and the environment. These parameters must be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent or parameter of concern;

(e) the statistical method must account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit (pql) that is used in the statistical method must be the lowest concentration level that reliably can be achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility; and

(f) if necessary, the statistical method must include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

(10) The owner or operator shall determine whether there is a statistically significant increase over background values for each constituent or parameter required to be monitored in the particular ground water monitoring program that applies to the Class II or Class IV landfill unit, as determined under ARM 17.50.1306(1) or 17.50.1307(1).

(11) In determining whether a statistically significant increase described in (10) has occurred, the owner or operator shall:

(a) compare the ground water quality for each constituent or parameter at each monitoring well designated pursuant to ARM 17.50.1304(1)(b) to the background value of that constituent or parameter, according to the statistical procedures and performance standards specified under (8) and (9); and

(b) within a reasonable period of time after completing sampling and analysis, determine, for each monitoring well, whether there has been a statistically significant increase over background levels.

(2) The department may exempt an owner or operator of a Class II or Class IV landfill unit from monitoring a constituent in Appendix I to 40 CFR Part 258 (July 1, 2008) if the owner or operator makes a written demonstration, approved by the department, that the exempted constituent is not reasonably expected to be in, or derived from, the waste contained in the unit.

(3) The department may establish an alternative list of inorganic indicator parameters for a Class II or Class IV landfill unit, in lieu of some or all of the heavy metals that comprise constituents 1 through 15 in Appendix I to 40 CFR Part 258 (July 1, 2008), if the department determines that the parameters in the alternative list provide a reliable indication of inorganic releases from the Class II or Class IV landfill unit to the ground water. In determining parameters in the alternative list, the department shall consider the following factors:

(a) the types, quantities, and concentrations of constituents in wastes managed at the Class II or Class IV landfill unit;

(b) the mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the Class II or Class IV landfill unit;

(c) the detectability of indicator parameters, waste constituents, and reaction products in the ground water; and

(d) the concentration or values and coefficients of variation of indicator parameters or constituents in the background ground water.

(4) An owner or operator of a Class II or Class IV landfill unit required to conduct ground water monitoring under this subchapter shall monitor for all constituents and parameters required in this rule at least semiannually during the active life of the facility, including closure and the post-closure period. During the first semiannual sampling event, a minimum of four independent samples from each background and downgradient well must be collected and analyzed for all constituents and parameters for which monitoring is required in this rule. At least one sample from each background and downgradient well must be collected and analyzed during subsequent semiannual sampling events. The department may specify an appropriate alternative frequency for repeated sampling and analysis for constituents and parameters for which monitoring is required in this rule during the active life of the unit, including closure and the post-closure care period. An alternative frequency during the active life of the unit, including closure, may be no less frequent than annual. An alternative frequency must be based on consideration of the following factors:

(a) lithology of the aquifer and unsaturated zone;

(b) hydraulic conductivity of the aquifer and unsaturated zone;

(c) ground water flow rates;

(d) minimum distance between upgradient edge of the Class II or Class IV landfill unit and downgradient monitoring well screen (minimum distance of travel); and

(e) resource value of the aquifer.

(5) If the owner or operator of a Class II or Class IV landfill unit, or the department, determines, pursuant to ARM 17.50.1305(8), that there is a statistically significant increase over the background level for a constituent or parameter other than pH required to be monitored in this rule, at any monitoring well at the boundary specified under ARM 17.50.1304(1)(b), the owner or operator shall:

(a) within 14 days after this determination, or notification by the department of the department's determination, place a notice in the operating record indicating each constituent that has shown a statistically significant change from a background level, and notify the department that this notice was placed in the operating record; and

(b) submit for department approval, and implement, an assessment monitoring program meeting the requirements of ARM 17.50.1307, within 90 days after the determination was made, or notice from the department was received, except as provided for in (7).

(6) If pH is a parameter of an alternative list established under (3), and if the department determines that there has been a statistically significant decrease from background in pH, at a monitoring well at the boundary specified under ARM 17.50.1304(1)(b), and that assessment monitoring is necessary to protect human health or the environment, the department shall notify the owner or operator of the Class II or Class IV landfill unit of the determination, and the owner or operator shall give notice and establish assessment monitoring as required in (5).

(7) An owner or operator required to establish an assessment monitoring program under (5) or (6) may submit for department approval a demonstration that a source other than a Class II or Class IV landfill unit caused the statistically significant change described in (5) or (6) or that it resulted from error in sampling, analysis, or statistical evaluation, or from natural variation in ground water quality. A report documenting this demonstration must be certified by a qualified ground water scientist and placed in the operating record. If the department approves the demonstration, the owner or operator is not required to commence assessment monitoring, but shall continue detection monitoring as specified in this rule. If the department has not approved a demonstration, within 90 days after the determination described in (5) or (6) has been made, the owner or operator shall establish an assessment monitoring program as required in ARM 17.50.1307.

Appendix I to 40 CFR Part 258 (July 1, 2008)
Constituents for Detection Monitoring

Common name1	CAS RN2
Inorganic Constituents:
(1) Antimony
(2) Arsenic
(3) Barium
(4) Beryllium
(5) Cadmium
(6) Chromium
(7) Cobalt
(8) Copper
(9) Lead
(10) Nickel
(11) Selenium
(12) Silver
(13) Thallium
(14) Vanadium
(15) Zinc

Organic Constituents:

(16) Acetone	67-64-1
(17) Acrylonitrile	107-13-1
(18) Benzene	71-43-2
(19) Bromochloromethane	74-97-5
(20) Bromodichloromethane	75-27-4
(21) Bromoform; Tribromomethane	75-25-2
(22) Carbon disulfide	75-15-0
(23) Carbon tetrachloride	56-23-5
(24) Chlorobenzene	108-90-7
(25) Chloroethane; Ethyl chloride	75-00-3

(26) Chloroform; Trichloromethane	67-66-3
(27) Dibromochloromethane; Chlorodibromomethane	124-48-1
(28) 1,2-Dibromo-3-chloropropane; DBCP	96-12-8
(29) 1,2-Dibromoethane; Ethylene dibromide; EDB	106-93-4
(30) o-Dichlorobenzene; 1,2-Dichlorobenzene	95-50-1
(31) p-Dichlorobenzene; 1,4-Dichlorobenzene	106-46-7
(32) trans-1, 4-Dichloro-2-butene	110-57-6
(33) 1,1-Dichlorethane; Ethylidene chloride	75-34-3
(34) 1,2-Dichlorethane; Ethylene dichloride	107-06-2
(35) 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride	75-35-4
(36) cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene	156-59-2
(37) trans-1, 2-Dichloroethylene; trans-1,2-Dichloroethene	156-60-5
(38) 1,2-Dichloropropane; Propylene dichloride	78-87-5
(39) cis-1,3-Dichloropropene	10061-01-5
(40) trans-1,3-Dichloropropene	10061-02-6
(41) Ethylbenzene	100-41-4
(42) 2-Hexanone; Methyl butyl ketone	591-78-6
(43) Methyl bromide; Bromomethane	74-83-9
(44) Methyl chloride; Chloromethane	74-87-3
(45) Methylene bromide; Dibromomethane	74-95-3
(46) Methylene chloride; Dichloromethane	75-09-2
(47) Methyl ethyl ketone; MEK; 2-Butanone	78-93-3
(48) Methyl iodide; Idomethane	74-88-4
(49) 4-Methyl-2-pentanone; Methyl isobutyl ketone	108-10-1
(50) Styrene	100-42-5
(51) 1,1,1,2-Tetrachloroethane	630-20-6
(52) 1,1,2,2-Tetrachloroethane	79-34-5
(53) Tetrachloroethylene; Tetrachloroethene; Perchloroethylene	127-18-4
(54) Toluene	108-88-3
(55) 1,1,1-Trichloroethane; Methylchloroform	71-55-6
(56) 1,1,2-Trichloroethane	79-00-5
(57) Trichloroethylene; Trichloroethene	79-01-6
(58) Trichlorofluoromethane; CFC-11	75-69-4
(59) 1,2,3-Trichloropropane	96-18-4
(60) Vinyl acetate	108-05-4
(61) Vinyl chloride	75-01-4
(62) Xylenes	1330-20-7

¹Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals

²Chemical Abstract Service registry number 

(2) Within 90 days after being required by ARM 17.50.1306 to establish an assessment monitoring program, and annually thereafter, the owner or operator shall sample and analyze the ground water for all constituents identified in Appendix II to 40 CFR Part 258 (July 1, 2008), set forth below. A minimum of one sample from each downgradient well must be collected and analyzed during each sampling event. For any constituent detected in the downgradient wells as a result of monitoring of all constituents in Appendix II to 40 CFR Part 258 (July 1, 2008), a minimum of four independent samples from each background and downgradient well must be collected and analyzed to establish background for the constituent. The owner or operator shall conduct assessment monitoring for constituents in Appendix II to 40 CFR Part 258 (July 1, 2008) for any subset of wells specified by the department. The department may exempt an owner or operator of a Class II or Class IV landfill unit from monitoring a constituent in Appendix II to 40 CFR Part 258 (July 1, 2008) if the owner or operator makes a written demonstration, approved by the department, that the exempted constituent is not reasonably expected to be in, or derived from, the waste contained in the unit.

(3) The department may specify, and an owner or operator shall comply with, an appropriate alternate frequency for repeated sampling and analysis of the constituents in Appendix II to 40 CFR Part 258 (July 1, 2008) required by (2), during the active life and closure and post-closure care periods of the unit, considering the following factors:

(a) lithology of the aquifer and unsaturated zone;

(b) hydraulic conductivity of the aquifer and unsaturated zone;

(c) ground water flow rates;

(d) minimum distance between upgradient edge of the Class II or Class IV landfill unit and downgradient monitoring well screen (minimum distance of travel);

(e) resource value of the aquifer; and

(f) nature (fate and transport) of any constituents detected by monitoring required by this rule.

(4) After obtaining the results from the initial or subsequent sampling events required in (2), the owner or operator shall:

(a) within 14 days, place a notice in the operating record identifying the constituents in Appendix II to 40 CFR Part 258 (July 1, 2008) that have been detected and notify the department that this notice has been placed in the operating record;

(b) within 90 days, and on at least a semiannual basis thereafter, resample all wells described in ARM 17.50.1304(1), conduct analyses for all constituents in Appendix I to 40 CFR Part 258 (July 1, 2008) or in the alternative list of parameters established in accordance with ARM 17.50.1306(3), and for those constituents in Appendix II to 40 CFR Part 258 (July 1, 2008) that are detected by monitoring required by (2), and record their concentrations in the facility operating record. At least one sample from each background and downgradient well must be collected and analyzed during these sampling events. If specified by the department, the owner or operator shall conduct sampling and analyses under this subsection at an alternative frequency during the active life and closure and the post-closure care periods of the unit. The alternative frequency may be no less frequent than annual during the active life of the unit, including closure. The alternative frequency must be based on consideration of the factors specified in (3);

(c) establish the background concentration for each constituent or parameter detected pursuant to (2) or (4)(b); and

(d) establish the ground water protection standard for each constituent or parameter detected pursuant to (2) or (4)(b). The ground water protection standard must be established in accordance with (8).

(5) If the owner or operator determines that concentrations of all constituents in Appendix II to 40 CFR Part 258 (July 1, 2008) are at or below background values, using the statistical procedures described in ARM 17.50.1305(8), for two consecutive sampling events, the owner or operator shall submit this determination to the department for approval and may, if approved, return to detection monitoring.

(6) If the owner or operator determines, using the statistical procedures in ARM 17.50.1305(8), that the concentration of a constituent in Appendix II to 40 CFR part 258 (July 1, 2008) is above background, but that all concentrations are below the ground water protection standard established under (8), the owner or operator shall submit this determination to the department for approval and shall continue assessment monitoring in accordance with this rule, unless notified otherwise by the department.

(7) If the owner, operator, or department determines, using the same statistical procedures as required in ARM 17.50.1305(8), that, in any sampling event required in this rule, there has been a statistically significant increase above the ground water protection standard established under (8) in the concentration of a constituent in Appendix II to 40 CFR part 258 (July 1, 2008), the owner or operator shall, within 14 days, place a notice in the operating record identifying each constituent in Appendix II to 40 CFR part 258 (July 1, 2008) that has exceeded the ground water protection standard and notify the department and all appropriate local government officials that the notice has been placed in the operating record. The owner or operator shall either:

(a) comply with (7)(a)(i) through (iv), as follows:

(i) characterize the nature and extent of the release by installing additional monitoring wells as necessary;

(ii) install at least one additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with (4)(b);

(iii) notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination, if contaminants have migrated off-site if indicated by sampling of wells in accordance with (7)(a); and

(iv) initiate an assessment of corrective measures as required by ARM 17.50.1308, within 90 days; or

(b) demonstrate that a source other than a Class II or Class IV landfill unit caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or from natural variation in ground water quality. A report documenting this demonstration must be certified by a qualified ground water scientist and submitted to the department for approval and placed in the operating record. If the demonstration is approved, the owner or operator shall continue monitoring in accordance with the assessment monitoring program required by this rule, and may return to detection monitoring if the concentrations of all of the constituents in Appendix II to 40 CFR Part 258 (July 1, 2008) are at or below background levels as specified in (5). Until the department approves a demonstration, the owner or operator shall comply with (7), including initiating an assessment of corrective measures.

(8) The owner or operator shall establish a ground water protection standard for each constituent in Appendix II to 40 CFR Part 258 (July 1, 2008) and parameter in the alternative list in ARM 17.50.1306(3) detected in the ground water. The ground water protection standard must be:

(a) for a constituent for which a maximum contaminant level (MCL) has been promulgated under Montana ground water quality standards, the MCL for that constituent;

(b) for a constituent for which an MCL has not been promulgated, the background concentration for the constituent established from wells in accordance with ARM 17.50.1304(1)(a);

(c) for a constituent for which the background level is higher than the MCL identified under (8)(a) or health based levels identified under (9)(a), the background concentration; or

(d) for a constituent or parameter in the alternative list in ARM 17.50.1306(3) for which a ground water quality standard has been established pursuant to (9), that ground water quality standard.

(9) If the department believes a standard is needed for a constituent or parameter in the alternative list in ARM 17.50.1306(3) for which an MCL or ground water quality standard has not been established by Montana law or rule, the department shall propose to the Board of Environmental Review established in 2-15-3502, MCA, the adoption of a ground water quality standard for that constituent or parameter. The ground water quality standard proposed must be health-based and set at an appropriate level that satisfies the following criteria:

(a) the level is derived in a manner consistent with EPA guidelines for assessing the health risks of environmental pollutants (51 FR 33992, 34006, 34014, 34028, Sept. 24, 1986);

(b) the level is based on scientifically valid studies conducted in accordance with the Toxic Substances Control Act Good Laboratory Practice Standards (40 CFR Part 792) or equivalent requirements;

(c) for carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level, due to continuous lifetime exposure, within the 1×10^-4 to 1×10^-6 range; and

(d) for systemic toxicants, the level represents a concentration to which the human population, including sensitive subgroups, could be exposed to on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. For purposes of this subchapter, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.

(10) In proposing a ground water quality standard under (9), the department shall consider the following:

(a) multiple contaminants in the ground water;

(b) exposure threats to sensitive environmental receptors; and

(c) other site-specific exposure or potential exposure to ground water.

Appendix II to 40 CFR Part 258 (July 1, 2008)
List of Hazardous Inorganic and Organic Constituents

Common name1	CAS RN2	Chemical abstracts service index name3
Acenaphthene	83-32-9	Acenaphthylene, 1,2-dihydro-
Acenaphthylene	208-96-8	Acenaphthylene
Acetone	67-64-1	2-Propanone
Acetonitrile; Methyl cyanide	75-05-8	Acetonitrile
Acetophenone	98-86-2	Ethanone, 1-phenyl-
2-Acetylaminofluorene; 2-AAF	53-96-3	Acetamide, N-9H-fluoren-2-yl-
Acrolein	107-02-8	2-Propenal
Acrylonitrile	107-13-1	2-Propenenitrile

Common name1	CAS RN2	Chemical abstracts service index name3
Aldrin	309-00-2	1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-(1,4,4a,5,8,8a)-
Allyl chloride	107-05-1	1-Propene, 3-chloro-
4-Aminobiphenyl	92-67-1	[1,1′-Biphenyl]-4-amine
Anthracene	120-12-7	Anthracene
Antimony		Antimony
Arsenic		Arsenic
Barium		Barium
Benzene	71-43-2	Benzene
Benzo[a]anthracene; Benzanthracene	56-55-3	Benz[a]anthracene
Benzo[b]fluoranthene	205-99-2	Benz[e]acephenanthrylene
Benzo[k]fluoranthene	207-08-9	Benzo[k]fluoranthene
Benzo[ghi]perylene	191-24-2	Benzo[ghi]perylene
Benzo[a]pyrene	50-32-8	Benzo[a]pyrene
Benzyl alcohol	100-51-6	Benzenemethanol
Beryllium		Beryllium
alpha-BHC	319-84-6	Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,2α,3β,4α,5β,6β)-
beta-BHC	319-85-7	Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,2β,3α,4β,5α,6β)-
delta-BHC	319-86-8	Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,2α,3α,4β,5α,6β)-
gamma-BHC; Lindane	58-89-9	Cyclohexane, 1,2,3,4,5,6- hexachloro-,(1α,2α, 3β, 4α,5α,6β)-
Bis(2-chloroethoxy)methane	111-91-1	Ethane, 1,1′-[methylenebis (oxy)]bis [2-chloro-
Bis(2-chloroethyl)ether; Dichloroethyl ether	111-44-4	Ethane, 1,1′-oxybis[2-chloro-

Common name1	CAS RN2	Chemical abstracts service index name3
Bis(2-chloro-1-methylethyl) ether; 2,2′-Dichlorodiisopropyl ether; DCIP, See footnote 4	108-60-1	Propane, 2,2′-oxybis[1-chloro-
Bis(2-ethylhexyl) phthalate	117-81-7	1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)ester
Bromochloromethane; Chlorobromethane	74-97-5	Methane, bromochloro-
Bromodichloromethane; Dibromochloromethane	75-27-4	Methane, bromodichloro-
Bromoform; Tribromomethane	75-25-2	Methane, tribromo-
4-Bromophenyl phenyl ether	101-55-3	Benzene, 1-bromo-4-phenoxy-
Butyl benzyl phthalate; Benzyl butyl phthalate	85-68-7	1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester
Cadmium		Cadmium
Carbon disulfide	75-15-0	Carbon disulfide
Carbon tetrachloride	56-23-5	Methane, tetrachloro-
Chlordane	See footnote 5	4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-
p-Chloroaniline	106-47-8	Benzenamine, 4-chloro-
Chlorobenzene	108-90-7	Benzene, chloro-
Chlorobenzilate	510-15-6	Benzeneacetic acid, 4-chloro- -(4-chlorophenyl)- -hydroxy-, ethyl ester.
p-Chloro-m-cresol; 4-Chloro-3-methylphenol	59-50-7	Phenol, 4-chloro-3-methyl-
Chloroethane; Ethyl chloride	75-00-3	Ethane, chloro-
Chloroform; Trichloromethane	67-66-3	Methane, trichloro-
2-Chloronaphthalene	91-58-7	Naphthalene, 2-chloro-
2-Chlorophenol	95-57-8	Phenol, 2-chloro-
4-Chlorophenyl phenyl ether	7005-72-3	Benzene, 1-chloro-4-phenoxy-
Chloroprene	126-99-8	1,3-Butadiene, 2-chloro-
Chromium		Chromium

Common name1	CAS RN2	Chemical abstracts service index name3
Chrysene	218-01-9	Chrysene
Cobalt		Cobalt
Copper		Copper
m-Cresol; 3-Methylphenol	108-39-4	Phenol, 3-methyl-
o-Cresol; 2-Methylphenol	95-48-7	Phenol, 2-methyl-
p-Cresol; 4-Methylphenol	106-44-5	Phenol, 4-methyl-
Cyanide	57-12-5	Cyanide
2,4-D; 2,4-Dichlorophenoxyacetic acid	94-75-7	Acetic acid, (2,4-dichlorophenoxy)-
4,4′-DDD	72-54-8	Benzene 1,1′-(2,2-dichloroethylidene) bis[4-chloro-
4,4′-DDE	72-55-9	Benzene, 1,1′-(dichloroethenylidene) bis[4-chloro-
4,4′-DDT	50-29-3	Benzene, 1,1′-(2,2,2-trichloroethylidene) bis[4-chloro-
Diallate	2303-16-4	Carbamothioic acid, bis(1-methylethyl)-, S- (2,3-dichloro-2-propenyl) ester.
Dibenz[a,h]anthracene	53-70-3	Dibenz[a,h]anthracene
Dibenzofuran	132-64-9	Dibenzofuran
Dibromochloromethane; Chlorodibromomethane	124-48-1	Methane, dibromochloro-
1,2-Dibromo-3-chloropropane; DBCP	96-12-8	Propane, 1,2-dibromo-3-chloro-
1,2-Dibromoethane; Ethylene dibromide; EDB	106-93-4	Ethane, 1,2-dibromo-
Di-n-butyl phthalate	84-74-2	1,2-Benzenedicarboxylic acid, dibutyl ester
o-Dichlorobenzene; 1,2-Dichlorobenzene	95-50-1	Benzene, 1,2-dichloro-
m-Dichlorobenzene; 1,3-Dichlorobenzene	541-73-1	Benzene, 1,3-dichloro-

Common name1	CAS RN2	Chemical abstracts service index name3
p-Dichlorobenzene; 1,4-Dichlorobenzene	106-46-7	Benzene, 1,4-dichloro-
3,3′-Dichlorobenzidine	91-94-1	[1,1′-Biphenyl]-4,4′-diamine, 3,3′-dichloro-
trans-1,4-Dichloro-2-butene	110-57-6	2-Butene, 1,4-dichloro-, (E)-
Dichlorodifluoromethane; CFC 12	75-71-8	Methane, dichlorodifluoro-
1,1-Dichloroethane; Ethyldidene chloride	75-34-3	Ethane, 1,1-dichloro-
1,2-Dichloroethane; Ethylene dichloride	107-06-2	Ethane, 1,2-dichloro-
1,1-Dichloroethylene; 1,1-Dichloroethene;	75-35-4	Ethene, 1,1-dichloro-
Vinylidene chloride cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene	156-59-2	Ethene, 1,2-dichloro-(Z)-
trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene	156-60-5	Ethene, 1,2-dichloro-, (E)-
2,4-Dichlorophenol	120-83-2	Phenol, 2,4-dichloro-
2,6-Dichlorophenol	87-65-0	Phenol, 2,6-dichloro-
1,2-Dichloropropane	78-87-5	Propane, 1,2-dichloro-
1,3-Dichloropropane; Trimethylene dichloride	142-28-9	Propane, 1,3-dichloro-
2,2-Dichloropropane; Isopropylidene chloride	594-20-7	Propane, 2,2-dichloro-
1,1-Dichloropropene	563-58-6	1-Propene, 1,1-dichloro-
cis-1,3-Dichloropropene	10061-01-5	1-Propene, 1,3-dichloro-, (Z)-
trans-1,3-Dichloropropene	10061-02-6	1-Propene, 1,3-dichloro-, (E)-
Dieldrin	60-57-1	2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aα,2β,2aα,3β,6β,6aα,7β,7aα)-

Common name1	CAS RN2	Chemical abstracts service index name3
Diethyl phthalate	84-66-2	1,2-Benzenedicarboxylic acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl phosphorothioate; Thionazin	297-97-2	Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester.
Dimethoate	60-51-5	Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester
p-(Dimethylamino)azobenzene	60-11-7	Benzenamine, N,N-dimethyl-4-(phenylazo)-
7,12-Dimethylbenz[a]anthracene	57-97-6	Benz[a]anthracene, 7,12-dimethyl-
3,3′-Dimethylbenzidine	119-93-7	[1,1′-Biphenyl]-4,4′-diamine, 3,3′-dimethyl-
alpha, alpha-Dimethylphenethylamine	122-09-8	Benzeneethanamine, α,α-dimethyl-
2,4-Dimethylphenol; m-Xylenol	105-67-9	Phenol, 2,4-dimethyl-
Dimethyl phthalate	131-11-3	1,2-Benzenedicarboxylic acid, dimethyl ester
m-Dinitrobenzene	99-65-0	Benzene, 1,3-dinitro-
4,6-Dinitro-o-cresol; 4,6-Dinitro-2-methylphenol	534-52-1	Phenol, 2-methyl-4,6-dinitro-
2,4-Dinitrophenol	51-28-5	Phenol, 2,4-dinitro-
2,4-Dinitrotoluene	121-14-2	Benzene, 1-methyl-2,4-dinitro-
2,6-Dinitrotoluene	606-20-2	Benzene, 2-methyl-1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl-4,6-dinitrophenol	88-85-7	Phenol, 2-(1-methylpropyl)-4,6-dinitro-
Di-n-octyl phthalate	117-84-0	1,2-Benzenedicarboxylic acid, dioctyl ester
Diphenylamine	122-39-4	Benzenamine, N-phenyl-
Disulfoton	298-04-4	Phosphorodithioic acid, O,O-diethyl S-[2- (ethylthio)ethyl] ester
Endosulfan I	959-98-8	6,9-Methano-2,4,3-benzodiox-athiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide,

Common name1	CAS RN2	Chemical abstracts service index name3
Endosulfan II	33213-65-9	6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3-oxide, (3α,5aα,6β,9β, 9aα)-
Endosulfan sulfate	1031-07-8	6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3,3-dioxide
Endrin	72-20-8	2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aα, 2β,2aβ, 3α,6α,6aβ,7β,7aα)-
Endrin aldehyde	7421-93-4	1,2,4-Methenocyclo-penta[cd]pentalene-5-carboxaldehyde,2,2a,3,3,4,7-hexachlorodecahydro- (1α,2β,2aβ,4β,4aβ,5β,6aβ,6bβ,7R*)-
Ethylbenzene	100-41-4	Benzene, ethyl-
Ethyl methacrylate	97-63-2	2-Propenoic acid, 2-methyl-, ethyl ester
Ethyl methanesulfonate	62-50-0	Methanesulfonic acid, ethyl ester
Famphur	52-85-7	Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl]-O,O-dimethyl ester
Fluoranthene	206-44-0	Fluoranthene
Fluorene	86-73-7	9H-Fluorene
Heptachlor	76-44-8	4,7-Methano-1H-indene,1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-
Heptachlor epoxide	1024-57-3	2,5-Methano-2H-indeno[1,2-b]oxirene, 2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a,-hexahydro-,(1aα,1bβ,2α,5α,5aβ,6β,6aα)
Hexachlorobenzene	118-74-1	Benzene, hexachloro-
Hexachlorobutadiene	87-68-3	1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
Hexachlorocyclopentadiene	77-47-4	1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
Hexachloroethane	67-72-1	Ethane, hexachloro-

Common name1	CAS RN2	Chemical abstracts service index name3
Hexachloropropene	1888-71-7	1-Propene, 1,1,2,3,3,3-hexachloro-
2-Hexanone; Methyl butyl ketone	591-78-6	2-Hexanone
Indeno(1,2,3-cd)pyrene	193-39-5	Indeno[1,2,3-cd]pyrene
Isobutyl alcohol	78-83-1	1-Propanol, 2-methyl-
Isodrin	465-73-6	1,4,5,8-Dimethanonaphthalene,1,2,3,4,1 0,10-hexachloro-1,4,4a,5,8,8a hexahydro-(1α, 4α, 4aβ,5β,8β,8aβ)-
Isophorone	78-59-1	2-Cyclohexen-1-one, 3,5,5-trimethyl-
Isosafrole	120-58-1	1,3-Benzodioxole, 5-(1-propenyl)-
Kepone	143-50-0	1,3,4-Metheno-2H-cyclobuta-[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-
Lead		Lead
Mercury		Mercury
Methacrylonitrile	126-98-7	2-Propenenitrile, 2-methyl-
Methapyrilene	91-80-5	1,2,Ethanediamine, N,N-dimethyl-N′-2-pyridinyl-N′-(2-thienylmethyl)-
Methoxychlor	72-43-5	Benzene, 1,1′-(2,2,2,trichloroethylidene)bis [4-methoxy-
Methyl bromide; Bromomethane	74-83-9	Methane, bromo-
Methyl chloride; Chloromethane	74-87-3	Methane, chloro-
3-Methylcholanthrene	56-49-5	Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-
Methyl ethyl ketone; MEK; 2-Butanone	78-93-3	2-Butanone
Methyl iodide; Iodomethane	74-88-4	Methane, iodo-
Methyl methacrylate	80-62-6	2-Propenoic acid, 2-methyl-, methyl ester

Common name1	CAS RN2	Chemical abstracts service index name3
Methyl methanesulfonate	66-27-3	Methanesulfonic acid, methyl ester
2-Methylnaphthalene	91-57-6	Naphthalene, 2-methyl-
Methyl parathion; Parathion methyl	298-00-0	Phosphorothioic acid, O,O-dimethyl
4-Methyl-2-pentanone; Methyl isobutyl ketone	108-10-1	2-Pentanone, 4-methyl-
Methylene bromide; Dibromomethane	74-95-3	Methane, dibromo-
Methylene chloride; Dichloromethane	75-09-2	Methane, dichloro-
Naphthalene	91-20-3	Naphthalene
1,4-Naphthoquinone	130-15-4	1,4-Naphthalenedione
1-Naphthylamine	134-32-7	1-Naphthalenamine
2-Naphthylamine	91-59-8	2-Naphthalenamine
Nickel		Nickel
o-Nitroaniline; 2-Nitroaniline	88-74-4	Benzenamine, 2-nitro-
m-Nitroaniline; 3-Nitroaniline	99-09-2	Benzenamine, 3-nitro-
p-Nitroaniline; 4-Nitroaniline	100-01-6	Benzenamine, 4-nitro-
Nitrobenzene	98-95-3	Benzene, nitro-
o-Nitrophenol; 2-Nitrophenol	88-75-5	Phenol, 2-nitro-
p-Nitrophenol; 4-Nitrophenol	100-02-7	Phenol, 4-nitro-
N-Nitrosodi-n-butylamine	924-16-3	1-Butanamine, N-butyl-N-nitroso-
N-Nitrosodiethylamine	55-18-5	Ethanamine, N-ethyl-N-nitroso-
N-Nitrosodimethylamine	62-75-9	Methanamine, N-methyl-N-nitroso-
N-Nitrosodiphenylamine	86-30-6	Benzenamine, N-nitroso-N-phenyl-
N-Nitrosodipropylamine; N-Nitroso-N-dipropylamine; Di-n-propylnitrosamine	621-64-7	1-Propanamine, N-nitroso-N-propyl-
N-Nitrosomethylethalamine	10595-95-6	Ethanamine, N-methyl-N-nitroso-
N-Nitrosopiperidine	100-75-4	Piperidine, 1-nitroso-
N-Nitrosopyrrolidine	930-55-2	Pyrrolidine, 1-nitroso-

Common name1	CAS RN2	Chemical abstracts service index name3
5-Nitro-o-toluidine	99-55-8	Benzenamine, 2-methyl-5-nitro-
Parathion	56-38-2	Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl) ester
Pentachlorobenzene	608-93-5	Benzene, pentachloro-
Pentachloronitrobenzene	82-68-8	Benzene, pentachloronitro-
Pentachlorophenol	87-86-5	Phenol, pentachloro-
Phenacetin	62-44-2	Acetamide, N-(4-ethoxyphenyl)
Phenanthrene	85-01-8	Phenanthrene
Phenol	108-95-2	Phenol
p-Phenylenediamine	106-50-3	1,4-Benzenediamine
Phorate	298-02-2	Phosphorodithioic acid, O,O-diethyl S- [(ethylthio)methyl] ester
Polychlorinated biphenyls; PCBs	See footnote 6	1,1′-Biphenyl, chloro derivatives
Pronamide	23950-58-5	Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-
Propionitrile; Ethyl cyanide	107-12-0	Propanenitrile
Pyrene	129-00-0	Pyrene
Safrole	94-59-7	1,3-Benzodioxole, 5-(2- propenyl)-
Selenium		Selenium
Silver		Silver
Silvex; 2,4,5-TP	93-72-1	Propanoic acid, 2-(2,4,5- trichlorophenoxy)-
Styrene	100-42-5	Benzene, ethenyl-
Sulfide	18496-25-8	Sulfide
2,4,5-T; 2,4,5-Trichlorophenoxyacetic acid	93-76-5	Acetic acid, (2,4,5- trichlorophenoxy)-
2,3,7,8-TCDD; 2,3,7,8-Tetrachlorodibenzo- p-dioxin	1746-01-6	Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro-
1,2,4,5-Tetrachlorobenzene	95-94-3	Benzene, 1,2,4,5-tetrachloro-
1,1,1,2-Tetrachloroethane	630-20-6	Ethane, 1,1,1,2-tetrachloro-

Common name1	CAS RN2	Chemical abstracts service index name3
1,1,2,2-Tetrachloroethane	79-34-5	Ethane, 1,1,2,2-tetrachloro-
Tetrachloroethylene; Tetrachloroethene; Perchloroethylene	127-18-4	Ethene, tetrachloro-
2,3,4,6-Tetrachlorophenol	58-90-2	Phenol, 2,3,4,6-tetrachloro-
Thallium		Thallium
Tin		Tin
Toluene	108-88-3	Benzene, methyl-
o-Toluidine	95-53-4	Benzenamine, 2-methyl-
Toxaphene	See footnote 7	Toxaphene
1,2,4-Trichlorobenzene	120-82-1	Benzene, 1,2,4-trichloro-
1,1,1-Trichloroethane; Methylchloroform	71-55-6	Ethane, 1,1,1-trichloro-
1,1,2-Trichloroethane	79-00-5	Ethane, 1,1,2-trichloro-
Trichloroethylene; Trichloroethene	79-01-6	Ethene, trichloro-
Trichlorofluoromethane; CFC-11	75-69-4	Methane, trichlorofluoro-
2,4,5-Trichlorophenol	95-95-4	Phenol, 2,4,5-trichloro-
2,4,6-Trichlorophenol	88-06-2	Phenol, 2,4,6-trichloro-
1,2,3-Trichloropropane	96-18-4	Propane, 1,2,3-trichloro-
O,O,O-Triethyl phosphorothioate	126-68-1	Phosphorothioic acid, O,O,O-triethyl ester
sym-Trinitrobenzene	99-35-4	Benzene, 1,3,5-trinitro-
Vanadium		Vanadium
Vinyl acetate	108-05-4	Acetic acid, ethenyl ester
Vinyl chloride; Chloroethene	75-01-4	Ethene, chloro-
Xylene (total)	See footnote 8	Benzene, dimethyl-
Zinc		Zinc

¹Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

²Chemical Abstracts Service registry number.

³CAS index names are those used in the 9th Cumulative Index.

⁴This substance is often called bis(2-chloroisopropyl) ether, the name Chemical Abstracts Service applies to its noncommercial isomer, propane, 2,2"-oxybis[2-chloro-(CAS RN 39638-32-9).

⁵Chlordane: This entry includes alpha-chlordane (CAS RN 5103-71-9), beta-chlordane (CAS RN 5103-74-2), gamma-chlordane (CAS RN 5566-34-7), and constituents of chlordane (CAS RN 57-74-9 and CAS RN 12789-03-6).

⁶Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS RN 11096-82-5).

⁷Toxaphene: This entry includes congener chemicals contained in technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene.

⁸Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7).

(a) initiate an assessment of corrective measures; and

(b) submit to the department for approval an assessment of corrective measures that addresses the criteria listed in (3).

(2) The owner or operator shall continue to monitor in accordance with the assessment monitoring program as specified in ARM 17.50.1307.

(3) The assessment in (1) must include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described under ARM 17.50.1309, addressing at least the following:

(a) the performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination;

(b) the time required to begin and complete the remedy;

(c) the costs of remedy implementation; and

(d) the institutional requirements such as state or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy(s).

(4) Prior to the selection of a remedy, the owner or operator shall discuss the results of the corrective measures assessment in a public meeting with interested and affected parties.

(a) select a remedy that, at a minimum, meets the standards listed in (2);

(b) submit to the department for approval, within 90 days after the date of the department's approval of the assessment of corrective measures required in ARM 17.50.1308(1), a selected remedy report describing how the selected remedy would meet the standards in (2) through (4), and how it would be implemented;

(c) submit design plans for the selected remedy, and construction quality control (CQC) and construction quality assurance (CQA) plans to the same extent required in ARM 17.50.1205; and

(d) notify the department, within 14 days after obtaining department approval of the selected remedy report, that the selected remedy report, design plans, and CQC and CQA plans have been placed in the operating record.

(2) Remedies in (1) must satisfy the following:

(a) be protective of human health and the environment;

(b) attain the ground water protection standard as specified pursuant to ARM 17.50.1307(8) or (9);

(c) control the source(s) of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of a constituent in Appendix II to 40 CFR Part 258 (July 1, 2008) into the environment that may pose a threat to human health or the environment; and

(d) comply with standards for management of wastes as specified in ARM 17.50.1310(4).

(3) In selecting a remedy that meets the standards of (2), the owner or operator shall consider the following evaluation factors:

(a) the long- and short-term effectiveness and protectiveness of the potential remedy(s), along with the degree of certainty that the remedy will prove successful, based on consideration of the following:

(i) magnitude of reduction of existing risks;

(ii) magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy;

(iii) the type and degree of long-term management required, including monitoring, operation, and maintenance;

(iv) short-term risks that might be posed to the community, workers, or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and redisposal or containment;

(v) time until full protection is achieved;

(vi) potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, redisposal, or containment;

(vii) long-term reliability of the engineering and institutional controls; and

(viii) potential need for replacement of the remedy;

(b) the effectiveness of the remedy in controlling the source to reduce further releases, based on consideration of the following factors:

(i) the extent to which containment practices will reduce further releases; and

(ii) the extent to which treatment technologies may be used;

(c) the ease or difficulty of implementing a potential remedy(s), based on consideration of the following factors:

(i) degree of difficulty associated with constructing the technology;

(ii) expected operational reliability of the technologies;

(iii) need to coordinate with and obtain necessary approvals and permits from other agencies;

(iv) availability of necessary equipment and specialists; and

(v) available capacity and location of needed treatment, storage, and disposal services;

(d) practicable capability of the owner or operator, including consideration of technical and economic capability; and

(e) the degree to which community concerns are addressed by a potential remedy(s).

(4) An owner or operator required by (1) to select a remedy shall specify as part of the selected remedy a schedule(s) for initiating and completing remedial activities. Such a schedule must require the initiation of remedial activities within a reasonable period of time, taking into consideration the factors in (4)(a) through (f). The owner or operator shall consider the following factors in determining the schedule of remedial activities:

(a) extent and nature of contamination;

(b) practical capabilities of remedial technologies in achieving compliance with ground water protection standards established under ARM 17.50.1307(8) or (9) and other objectives of the remedy;

(c) availability of treatment or disposal capacity for wastes managed during implementation of the remedy;

(d) desirability of utilizing technologies that are not currently available, but that may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;

(e) potential risks to human health and the environment from exposure to contamination prior to completion of the remedy; and

(f) resource value of the aquifer, including:

(i) current and future uses;

(ii) proximity and withdrawal rate of users;

(iii) ground water quantity and quality;

(iv) the potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;

(v) the hydrogeologic characteristic of the facility and surrounding land;

(vi) ground water removal and treatment costs;

(vii) the cost and availability of alternative water supplies; and

(viii) the practicable capability of the owner or operator.

(5) The department may determine that remediation of a release of a constituent in Appendix II to 40 CFR Part 258 (July 1, 2008) from a Class II or Class IV landfill unit is not necessary if the unit's owner or operator demonstrates to the satisfaction of the department that:

(a) the ground water is additionally contaminated by substances that have originated from a source other than the unit and those substances are present in concentrations such that cleanup of the release from the unit would provide no significant reduction in risk to actual or potential receptors; or

(b) the constituent(s) is present in ground water that:

(i) is not currently, or reasonably expected to be, a source of drinking water; and

(ii) is not hydraulically connected with waters to which the constituent is migrating or is likely to migrate in a concentration(s) that would exceed the ground water protection standards established under ARM 17.50.1307;

(c) remediation of the release(s) is technically impracticable; or

(d) remediation results in unacceptable cross-media impacts.

(6) A determination by the department pursuant to (5) does not affect the authority of the department to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the ground water, to prevent exposure to the ground water, or to remediate the ground water to concentrations that are technically practicable and significantly reduce threats to human health or the environment.

(a) submit for department approval, and if approved, establish and implement, a corrective action ground water monitoring program that:

(i) at a minimum, meets the requirements of an assessment monitoring program under ARM 17.50.1307;

(ii) indicates the effectiveness of the corrective action remedy; and

(iii) demonstrates compliance with the ground water protection standard pursuant to (5);

(b) implement the corrective action remedy selected under ARM 17.50.1309; and

(c) submit for department approval, and if approved, take any interim measures necessary to ensure the protection of human health and the environment. Interim measures must, to the greatest extent practicable, be consistent with the objectives of, and contribute to the performance of, any remedy that may be required pursuant to ARM 17.50.1309. The following factors must be considered by an owner or operator and the department in determining whether interim measures are necessary:

(i) time required to develop and implement a final remedy;

(ii) actual or potential exposure of nearby populations or environmental receptors to constituents in Appendix II to 40 CFR Part 258 (July 1, 2008);

(iii) actual or potential contamination of drinking water supplies or sensitive ecosystems;

(iv) further degradation of the ground water that may occur if remedial action is not initiated expeditiously;

(v) weather conditions that may cause constituents to migrate or be released;

(vi) risks of fire or explosion, or potential for exposure to constituents as a result of an accident or failure of a container or handling system; and

(vii) other situations that may pose threats to human health and the environment.

(2) An owner or operator of a facility may determine, based on information developed after implementation of the remedy has begun or other information, that compliance with requirements of ARM 17.50.1309(2) is not being achieved through the remedy selected. In such cases, the owner or operator shall implement other methods or techniques that:

(a) are developed by following the procedures in ARM 17.50.1309(1) through (4); and

(b) could practicably achieve compliance with the requirements, unless the owner or operator makes the determination under (3).

(3) If the owner or operator submits for department approval a determination that compliance with requirements under ARM 17.50.1309(2) cannot be practically achieved with any currently available methods, the owner or operator shall, within 60 days after obtaining department approval:

(a) submit a certification of a qualified ground water scientist for department approval that compliance with requirements under ARM 17.50.1309(2) cannot be practically achieved with any currently available methods;

(b) implement alternate measures to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment;

(c) implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are:

(i) technically practicable; and

(ii) consistent with the overall objective of the remedy;

(d) submit for department approval a report justifying the alternative measures selected pursuant to (3)(b) and (c); and

(e) notify the department within 14 days after obtaining department approval that the report justifying the alternative measures in (3)(d) has been placed in the operating record.

(4) All solid wastes managed pursuant to a remedy required under ARM 17.50.1309, or an interim measure required under (1)(c), must be managed in a manner that:

(a) is protective of human health and the environment; and

(b) complies with applicable RCRA requirements.

(5) A remedy selected pursuant to ARM 17.50.1309 is complete when:

(a) the owner or operator complies with the ground water protection standards established under ARM 17.50.1307 at all points within the plume of contamination that lie beyond the ground water monitoring well system established under ARM 17.50.1304(1);

(b) compliance with the ground water protection standards established under ARM 17.50.1307 has been achieved by demonstrating, using the statistical procedures and performance standards in ARM 17.50.1305(7) and (8), that concentrations of constituents in Appendix II to 40 CFR Part 258 (July 1, 2008) have not exceeded the ground water protection standards for a period of three consecutive years; and

(c) all actions required to remediate the release have been completed.

(6) The department may specify an alternative to the period in (5)(b) after taking into consideration:

(a) extent and concentration of the release(s);

(b) behavior characteristics of the constituents in the ground water;

(c) accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect accuracy; and

(d) characteristics of the ground water.

(7) Within 14 days after completion of the remedy specified in (5), the owner or operator shall submit to the department for approval a certification that the remedy has been completed in compliance with the requirements of (5), and (6) if applicable, and place the certification in the operating record. The certification must be signed by the owner or operator and by a qualified ground water scientist.

(8) When the certification required in (7) is approved by the department, the owner or operator must be released from the requirements for financial assurance for corrective action under ARM 17.50.540. 

(1) The owner or operator of a facility required to monitor ground water shall prepare a site-specific hydrogeologic and soils report, pursuant to (2), for the facility. The following criteria and exceptions also apply:

(a) The owner or operator of a Class IV landfill unit located within the ground water monitoring network of a licensed Class II landfill is not required to submit a hydrogeologic and soils report;

(b) The owner or operator of an existing facility or lateral expansion required to monitor ground water under this rule shall submit to the department for approval a hydrogeologic and soils work plan that describes the proposed sampling, analysis, and collection methods for the data required in (2), within the following time frames:

(i) draft work plan(s) must be submitted within 90 days after the department mails a notification to applicant that a hydrogeologic and soils report is required;

(ii) revised work plan(s) must be submitted within 30 days after the department comments are mailed to the applicant; and

(iii) final hydrogeologic and soils reports must be submitted within 180 days after the department's approval of the work plan is mailed by the department to the applicant.

(2) A hydrogeologic and soils report required in (1) must include the following:

(a) descriptions of the regional and facility specific geologic and hydrogeologic characteristics affecting ground water flow beneath the facility, including:

(i) regional and facility specific stratigraphy;

(ii) structural geology;

(iii) ground water potentiometric maps;

(iv) a discussion of any regional deep aquifers;

(v) regional and facility specific ground water flow patterns;

(vi) characterization of seasonal variations in the ground water flow regime; and

(vii) identification and description of the confining layers present, both above and below the saturated zone(s);

(b) an analysis of any topographic features that influence the ground water flow;

(c) a description of the hydrogeologic units that overlie the uppermost aquifer, or underground drinking water source, as required in ARM 17.50.1204, or that may be part of the leachate migration pathways at the facility, including saturated and unsaturated units;

(d) a description of hydrogeologically significant sand and gravel layers in unconsolidated deposits;

(e) a description of manmade structures that affect the hydrogeology of the site, such as:

(i) local water supply wells;

(ii) pipelines;

(iii) drains;

(iv) ditches; and

(v) septic tanks;

(f) for each ground water monitoring well at the facility, the following information:

(i) location;

(ii) elevation;

(iii) well log;

(iv) sampling history; and

(v) operational history; and

(g) any other information determined by the department to be necessary to adequately characterize the hydrogeologic characteristics of the solid waste landfill facility.

(3) If soil borings are necessary to obtain the information required in (2), the soil borings must be conducted as follows:

(a) all borings must be within 300 feet of the limits of waste filling, if practical;

(b) borings must extend a minimum of 20 feet below the base of waste disposal areas, or to bedrock, whichever is less;

(c) the minimum required number of borings is as follows:

(i) 0-10 acres............................................................................................................................15 borings;

(ii) 11-20 acres.....................................................................................add one boring per additional acre;

(iii) 20-40 acres.....................................................................add one boring per additional two acres; and

(iv) 41 or more acres....................................................................add one boring per additional four acres;

(d) 75% of the required number of borings may be conducted with a backhoe to a depth of ten feet; and

(e) borings not converted to wells must be abandoned pursuant to ARM 17.50.1312.

(a) completely seal all abandoned borings, water supply wells, and monitoring wells with grout or bentonite to prevent future contamination of ground water. The sealing materials must be continuous, physically and chemically stable, and have a hydraulic conductivity of less than 1 x 10^-5cm/sec;

(b) immediately abandon, after drilling and completion of soil testing, all boreholes not completed as a monitoring well, piezometer, or water supply well;

(c) for any borehole deeper than the well to be placed in it, seal with bentonite pellets or a bentonite slurry the portions of the borehole below the well screen; and

(d) conduct all abandonment activities in accordance with ARM 36.21.670 through 36.21.678 and 36.21.810.

(2) Whenever a person, including an applicant or owner or operator, is required by this subchapter to submit a document for department approval of an action, the person may not take that action unless the person first submits a document containing all information necessary for the department to determine whether the action complies with the requirements of this subchapter and obtains department approval.

(3) When authorized by a court order or an agreement between the department and a landowner on whose property a violation of Title 75, chapter 10, part 2, MCA, or this subchapter has occurred, the department may act, either directly or through a third party, to physically remediate a violation of Title 75, chapter 10, part 2, MCA, or this subchapter.

(4) Whenever the department determines under this subchapter that any information, submittal, plan, factor, procedure, condition, criterion, requirement, or change is necessary to protect human health or the environment, it shall mail notification of the determination to the appropriate applicant, owner, operator, or licensee.

(1) "Active life" has the meaning given in ARM 17.50.502.

(2) "Class II landfill facility" has the meaning given in ARM 17.50.504.

(3) "Class III landfill facility" has the meaning given in ARM 17.50.504.

(4) "Class IV landfill facility" has the meaning given in ARM 17.50.504.

(5) "Closure" has the meaning given in ARM 17.50.502.

(6) "Department" has the meaning given in ARM 17.50.502.

(7) "Existing," when used in conjunction with "unit" or a type of unit, has the meaning given in ARM 17.50.502.

(8) "Facility" has the meaning given in ARM 17.50.502.

(9) "Ground water" has the meaning given in ARM 17.50.502.

(10) "Landfill" has the meaning given in ARM 17.50.502.

(11) "Lateral expansion" has the meaning given in ARM 17.50.502.

(12) "Leachate" has the meaning given in ARM 17.50.502.

(13) "Operator" has the meaning given in ARM 17.50.502.

(14) "Owner" has the meaning given in ARM 17.50.502.

(15) "Post-closure care" has the meaning given in ARM 17.50.502.

(16) "Unit" has the meaning given in ARM 17.50.502.

(a) have a permeability no greater than to the permeability of any bottom liner system or natural subsoils present, or a permeability no greater than 1×10^-5 cm/sec, whichever is less;

(b) minimize infiltration through the closed Class II or Class IV landfill unit by the use of an infiltration layer that contains at least 18 inches of earthen material; and

(c) minimize erosion of the final cover by the use of an erosion layer that contains at least six inches of earthen material that is capable of sustaining native plant growth.

(2) The department may approve an alternative final cover design for a Class II or Class IV landfill unit that includes:

(a) an infiltration layer that achieves a reduction in infiltration equivalent to the infiltration layer specified in (1)(a) and (b); and

(b) an erosion layer that provides protection from wind and water erosion equivalent to the erosion layer specified in (1)(c).

(3) An owner or operator of a Class II or Class IV landfill unit that disposes of 20 tons or less of solid waste per day, based on an annual average, shall comply with alternative requirements for the infiltration barrier that may be established by the department after public review and comment. An alternative requirement established under this subsection must:

(a) consider the unique characteristics of small communities;

(b) take into account climatic and hydrogeologic conditions; and

(c) protect human health and the environment.

(4) The owner or operator of a Class II or Class IV landfill unit, or a lateral expansion of an existing Class II or Class IV landfill unit, shall submit a closure plan to the department for approval that describes the steps necessary to close all Class II and Class IV landfill units and lateral expansions at the facility at any point during their active life in accordance with the cover design requirements in (1) or (2), as applicable. The closure plan must include, at a minimum, the following information:

(a) a description of the final cover, designed in accordance with (1), and the methods and procedures to be used to install the cover;

(b) an estimate of the largest area of the Class II or Class IV landfill unit ever requiring a final cover, as required under (1), at any time during the active life of the unit;

(c) an estimate of the maximum inventory of wastes ever on-site over the active life of the landfill facility; and

(d) a schedule for completing all activities necessary to satisfy the closure criteria in this rule.

(5) For all closure construction, the owner or operator shall submit for department approval plans, specifications, reports, and certifications, to the same extent as required in ARM 17.50.1205.

(6) The owner or operator shall notify the department that a closure plan has been prepared and placed in the operating record no later than February 12, 2010, or by the initial receipt of waste, whichever is later.

(7) Prior to beginning closure of each Class II or Class IV landfill unit as specified in (8), an owner or operator of a facility shall submit to the department a notice of the intent to close the unit and place the notice in the operating record.

(8) The owner or operator of a Class II or Class IV landfill unit shall begin closure activities of that unit no later than 30 days after the date on which the unit receives the known final receipt of wastes or, if the unit has remaining capacity and there is a reasonable likelihood that the unit will receive additional wastes, no later than one year after the most recent receipt of wastes. Extensions beyond the one-year deadline for beginning closure may be granted by the department if the owner or operator demonstrates that the unit has the capacity to receive additional wastes and the owner or operator has taken, and will continue to take, all steps necessary to prevent threats to human health and the environment from the unclosed unit.

(9) The owner or operator of a Class II or Class IV landfill unit shall complete closure activities of the unit in accordance with the closure plan within 180 days following the beginning of closure, as specified in (8). Extensions of the closure period may be granted by the department if the owner or operator demonstrates that closure will, of necessity, take longer than 180 days and that the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment from the unclosed unit.

(10) Following closure of a Class II or Class IV landfill unit, the owner or operator shall notify the department that a certification, signed by an independent licensed professional engineer, verifying that closure has been completed in accordance with the closure plan, has been placed in the operating record. A unit is not considered closed until the department has conducted an inspection and approved the certification.

(11) The owner or operator may request permission from the department to remove the notation from the deed if all wastes have been removed from the facility. 

(a) maintaining the integrity and effectiveness of any final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover;

(b) maintaining and operating the leachate collection and removal system in accordance with the requirements in ARM 17.50.1204, if applicable. The department may allow the owner or operator to stop managing leachate if the owner or operator submits to the department for approval a demonstration that leachate no longer poses a threat to human health and the environment;

(c) monitoring the ground water in accordance with the requirements of ARM Title 17, chapter 50, subchapter 13, and maintaining the ground water monitoring system, if applicable; and

(d) maintaining and operating the gas monitoring system in accordance with the requirements of ARM 17.50.1106.

(2) The length of the post-closure care period may be:

(a) decreased by the department if the owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment and this demonstration is approved by the department; or

(b) increased by the department if the department determines that the lengthened period is necessary to protect human health and the environment.

(3) The owner or operator of a Class II or Class IV landfill unit shall submit a post-closure plan to the department for approval that includes, at a minimum, the following information:

(a) a description of the monitoring and maintenance activities required in (1) for each Class II or Class IV landfill unit, and the frequency at which these activities will be performed;

(b) the name, address, and telephone number of the person or office to contact about the facility during the post-closure period; and

(c) a description of the planned uses of the property during the post-closure period. Post-closure use of the property may not disturb the integrity of a final cover, liner, or a component of the containment system, or the function of the monitoring systems, unless necessary to comply with the requirements in ARM Title 17, chapter 50, subchapters 5 through 14. The department may approve any other disturbance if the owner or operator submits to the department for approval a demonstration that disturbance of a final cover, liner, or other component of the containment system, including any removal of waste, will not increase the potential threat to human health or the environment.

(4) No later than the initial receipt of waste, the owner or operator shall notify the department that a post-closure plan has been prepared and placed in the operating record.

(5) Following completion of the post-closure care period for each Class II or Class IV landfill unit, the owner or operator shall notify the department that a certification, signed by an independent licensed professional engineer, verifying that post-closure care has been completed in accordance with the post-closure plan, has been placed in the operating record. The post-closure care period is not considered complete until the department has approved a certification submitted under this subsection.

(6) The owner or operator of a facility containing a Class II or Class IV landfill unit shall amend the closure or post-closure plan whenever changes in the operation and maintenance plan or facility design plan or events occur during the active life of the landfill that significantly affect the closure or post-closure plan. The owner or operator also shall amend the closure or post-closure plan whenever there is a change in the expected year of closure. The owner or operator shall submit the necessary closure or post-closure plan amendments to the department for approval within 60 days after such changes occur or within a shorter period if determined by the department to be necessary to protect human health or the environment.

(7) For all post-closure construction at a Class II or Class IV landfill unit, the owner or operator of a facility shall submit for department approval plans, specifications, reports, and certifications to the same extent as required in ARM 17.50.1205.

(8) During the post-closure care period the owner or operator of a facility containing a Class II or Class IV landfill unit shall:

(a) maintain adequate vegetative cover, as specified in the closure plan;

(b) maintain and operate all corrective action systems pursuant to ARM Title 17, chapter 50, subchapter 13;

(c) annually inspect and submit to the department a report on the condition of all landfill systems; and

(d) comply with any other post-closure care requirements determined by the department to be necessary to protect human health or the environment. 

(a) procedures for construction of two feet of final cover and placement of six inches of top soil;

(b) procedures for grading and seeding to prevent erosion; and

(c) the deed notation specified in ARM 17.50.1113, unless all wastes are removed from the landfill unit and the owner or operator of a facility receives approval from the department to remove the notation from the deed.

(2) A Class III landfill unit post-closure plan required under ARM 17.50.508 must include, at a minimum, descriptions of procedures for:

(a) maintaining the integrity of the final cover;

(b) maintaining adequate vegetative cover; and

(c) erosion control.

(3) The owner or operator of an existing Class III landfill unit shall submit for department approval closure and post-closure plans that meet the requirements of this rule by April 13, 2010.

(4) The owner or operator of a Class III landfill unit shall give notice of intent to close the landfill to the same extent as required of a Class II landfill unit in ARM 17.50.1115, and shall close the landfill and conduct post-closure care in compliance with the closure and post-closure plans required in this rule.

(1) The purpose of this subchapter is to provide uniform standards for the inspection, transportation, storage, and management, including, but not limited to, treatment and disposal, of infectious waste as defined in 75-10-1003, MCA, for the protection of human health and the environment.

(2) This subchapter does not apply to:

(a) the generation of infectious waste or to storage and transportation of infectious waste regulated under 75-10-1006, MCA; or

(b) the generation of infectious waste by a household.

As used in this subchapter, the following definitions apply:

(1) "Biohazard bag" or "red bag" means a bag marked with a biohazard symbol that meets the requirements of U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) 29 CFR 1910.1030(g)(1)(ii). The biohazard bag must be moisture-proof, disposable, and of a strength sufficient to prevent ripping, tearing, or bursting under normal conditions of use.

(2) "Department" means the Department of Environmental Quality established in 2-15-3501, MCA.

(3) "Inactivate" means to cause the death of an infectious agent.

(4) "Infectious waste" has the meaning given in 75-10-1003, MCA.

(5) "Management" means the storage, treatment, or disposal of infectious waste.

(6) "Noninfectious waste" means treated infectious waste or any waste other than infectious waste.

(7) "Person" has the meaning given in 75-10-1003, MCA.

(8) "Storage" means the short-term containment of infectious waste, prior to treatment, for no longer than 90 days.

(9) "Transport" or "transportation" has the meaning given in 75-10-1003, MCA.

(10) "Transporter" means a person who transports, or engages in transportation or storage of, infectious waste or treated infectious waste.

(11) "Vehicle" means any vehicle, including a truck and trailer or tractor-trailer combination.

(1) Except as provided in (4), a transporter must register with the department, on a form provided by the department, on or before January 1, 2014, for transporters engaged in transportation or storage on October 18, 2013, and for all other transporters, prior to engaging in transportation, and demonstrate that the person is able to meet the requirements of this subchapter by submitting an application for registration that contains the following information:

(a) the name and business address of the applicant;

(b) the location of all waste storage, loading, and handling areas and a certification that the storage areas meet the requirements of ARM 17.50.1507;

(c) the location and identity of each person who receives waste from a transporter, including an intermediate point, treatment facility, disposal facility, or other person, and of each person from whom the applicant intends to receive waste;

(d) the vehicle identification number or serial number of all vehicles used to transport infectious waste;

(e) a certification that the vehicles and containers used to transport or store infectious waste meet the requirements of ARM 17.50.1505 and 17.50.1507;

(f) a certification that all vehicles contain a spill containment and decontamination kit;

(g) a certification that all employees involved in the transportation and management of infectious waste have the training required by ARM 17.50.1505(4); and

(h) a copy of the transporter's infectious waste transportation and management plan. The plan must meet the requirements of ARM 17.50.1504.

(2) The department shall review the registration application to determine whether the application is adequate. If the application is adequate, the department shall issue a transporter registration number and a vehicle decal. The initial registration period is effective through June 30 following issuance of the registration number.

(3) By February 1 of each year, the department shall mail an annual renewal form to each registered transporter. A transporter who wishes to continue to transport shall submit the information required in (1) to the department with the completed renewal form on or before April 1 for the following twelve-month registration period that begins July 1 and ends June 30.

(4) This subchapter does not apply to a person who:

(a) transports only infectious waste generated from a household;

(b) transports less than 50 pounds of infectious waste a week; or

(c) is a solid waste management system that is licensed by the department to operate an infectious waste treatment facility under the provisions of ARM Title 17, chapter 50, subchapter 4.

(1) A transporter shall submit to the department for its review and approval, a management plan meeting the requirements of this subchapter that:

(a) describes the type, sources, and annual volume of infectious waste handled;

(b) describes how infectious waste is segregated from other solid waste, packaging, and labeling procedures;

(c) describes the collection, storage, and transportation procedures to ensure infectious waste is distinguished from noninfectious waste;

(d) describes the treatment or disposal methods used;

(e) identifies the name and location of the facility where the waste will be treated and disposed of;

(f) identifies the person responsible for the transportation and management of infectious waste; and

(g) includes an emergency spill response and decontamination plan that meets the requirements of ARM 17.50.1508.

(2) The management plan described in (1) must be updated and submitted to the department on an annual basis.

(1) Infectious waste must be transported according to the provisions of 75-10-1005(6), MCA, and this subchapter.

(2) A transporter may not transport infectious waste in the same vehicle as noninfectious waste unless:

(a) infectious waste is enclosed in a separate container as provided in ARM 17.50.1507; or

(b) the infectious and any noninfectious waste being transported will be treated according to the requirements of 75-10-1005, MCA, and ARM 17.50.1506.

(3) A transporter may not accept for transport any container of infectious waste that does not meet the requirements of ARM 17.50.1507 or that shows visible signs of damage or leakage or is not properly sealed and labeled.

(4) A vehicle used to transport infectious waste must carry a spill containment and cleanup kit. A person who transports infectious waste must be trained in the use of protective equipment, emergency response, and spill containment and cleanup procedures.

(5) Each vehicle and container used to transport infectious waste must be designed and constructed to preserve vehicle and container integrity in the event of a traffic accident and prevent releases of infectious waste to the environment.

(6) A transporter shall keep records of the loading dates, volumes, sources, waste descriptions, and final destinations of all waste transported. The records must be maintained for five years and be made available for inspection by department personnel upon request.

(7) U.S. Department of Transportation warning and signage requirements for vehicles transporting infectious waste are provided in 49 CFR 172.323.

(1) Infectious waste transported or managed under this subchapter must be treated and disposed of according to the provisions of 75-10-1005, MCA, and this section.

(2) Infectious waste that has been treated according to this section and 75-10-1005, MCA, may be disposed of in a licensed solid waste management facility approved by the department to accept treated infectious waste, provided the treated waste is not comingled with hazardous or radioactive waste.

(3) Infectious waste may be discharged into a sewage treatment facility as provided for in 75-10-1005(4)(b), MCA.

(4) Except as provided in (5), infectious waste must be treated using steam sterilization to the temperature, pressure, and time sufficient to ensure, within reasonable scientific probability, inactivation of geobacillus stearothermophilus spores and mycobacteria in the center of the waste load to achieve a 6 Log₁₀ reduction or greater.

(5) The department may approve alternative treatment methods submitted by a person or facility treating infectious waste, if the methods meet the requirements of (6).

(6) An application for alternative treatment methods must be supported by the results of laboratory tests that meet the following requirements:

(a) the laboratory tests shall be conducted:

(i) by qualified laboratory personnel;

(ii) using recognized microbial sterilization techniques documented in peer-reviewed scientific publications;

(iii) using samples inoculated with test organisms and then subjected to the proposed alternative treatment method; and

(b) the results of the tests must document and verify that the proposed alternative treatment method achieves the standards of inactivation provided in (2).

(7) Infectious waste consisting of recognizable human anatomical remains, including human fetal remains, shall be disposed of according to the provisions of 75-10-1005, MCA.

(1) Infectious waste must be packaged, contained, and stored according to the provisions of 75-10-1005, MCA.

(2) A transporter or a person who stores infectious waste who is not a generator of infectious waste under 75-10-1006, MCA, shall ensure that infectious waste, other than sharps and liquid or semi-liquid infectious waste, is kept in containers as follows:

(a) in double-walled corrugated fiberboard boxes or equivalent rigid containers such as pails, cartons, or portable bins securely sealed or with tight-fitting covers sufficient to prevent spills, leaks, emission of infectious agents, and degradation; and

(b) reusable containers must be constructed of heavy wall plastic or noncorrosive metal. Reusable containers must be decontaminated after each use.

(3) A transporter or person who stores infectious waste regulated under this subchapter shall ensure that it is stored:

(a) in containers that are packaged and labeled as provided in this subchapter;

(b) separately from noninfectious waste in accordance with this rule and otherwise in accordance with the requirements of 75-10-1005(1) through (3), MCA;

(c) under conditions that prevent rapid microbial growth or putrefaction, and:

(i) at a temperature of less than 45º Fahrenheit (F);

(ii) for no more than seven days at a temperature between 32º F and 45º F;

(iii) for no more than 30 days at a temperature of less than 32º F; and

(iv) with the temperature of the storage area logged daily in order to meet the requirements of this subsection. The transporter or person shall make the daily temperature logs and be made available to the department upon request.

(4) For (3)(c), time in transport is considered as time in storage.

(5) Infectious waste storage areas must:

(a) protect infectious waste containers from damage or degradation by moisture or from the elements;

(b) be ventilated to outside air;

(c) be accessible only to authorized persons;

(d) be marked with prominent warning signs identified by the biohazard symbol; and

(e) be designed to contain spills and have a spill kit that meets the requirements of ARM 17.50.1508 on site.

(6) Treated infectious waste must be bagged and labeled in accordance with 75-10-1005(5)(a), MCA.

(7) Compactors, grinders, or similar devices may not be used to reduce the volume of infectious waste during storage.

(1) An emergency spill response and decontamination plan must describe, at a minimum, procedures for:

(a) preventing access or exposure to the spill location by unauthorized persons;

(b) the containment of spilled or leaking infectious waste;

(c) the safe repackaging and relabeling of spilled waste or broken or leaking containers; and

(d) reporting the spill or leak to the department and local authorities.

(2) A spill containment and cleanup kit must contain, at a minimum:

(a) absorbent material for spilled liquids;

(b) hospital grade disinfectant;

(c) packaging and labeling supplies;

(d) a shovel, broom, and bucket; and

(e) protective clothing, including gloves, masks, and protective eyewear.

(3) A spill or release of infectious waste during transport, storage, or treatment must be reported to the department within 24 hours of the spill or release.

(1) This subchapter applies to:

(a) landfarm facilities as defined under ARM 17.50.403.

(2) Landfarm facilities located within the property boundary of a licensed Class II landfill facility do not require a separate landfarm license, but must be noted in the department-approved Operation and Maintenance Plan and be operated according to the requirements of this subchapter.

(3) Existing licensed landfarm facilities must comply with the provisions of the landfarm rules within six months of March 11, 2017.

In this subchapter, the following terms shall have the meanings, interpretations, or acronyms provided below:

(1) "1,2 DCA" means 1,2-dichloroethane.

(2) "1,2 EDB" means 1,2-dibromoethane.

(3) "Below treatment zone" or "BTZ" means the undisturbed natural soil within the treatment cell of a landfarm facility that directly underlies the treatment zone to a depth of 3 feet.

(4) "Bioremediation" is the treatment of pollutants or waste (as in an oil spill, contaminated ground water, or an industrial process) by the use of microorganisms (as bacteria) to break down undesirable substances.

(5) "BTEX" means benzene, toluene, ethylbenzene, and xylene.

(6) "C:N:P" means carbon to nitrogen to phosphorus ratio.

(7) "Contaminated soil" has the meaning specified in ARM 17.50.502.

(8) "EPH" means extractable petroleum hydrocarbon.

(9) "Intermediate landfarm facility" has the meaning specified in ARM 17.50.403.

(10) "Landfarm facility" has the meaning specified in ARM 17.50.403.

(11) "Major landfarm facility" has the meaning specified in ARM 17.50.403.

(12) "Minor landfarm facility" has the meaning specified in ARM 17.50.403.

(13) "MTBE" means methyl tert-butyl ether.

(14) "One-time landfarm" has the meaning specified in ARM 17.50.403.

(15) "Remediation" means the act of reducing contamination to a level that is protective of human health and the environment.

(16) "TCLP" means toxicity characteristic leaching procedure.

(17) "TPH" means total petroleum hydrocarbon.

(18) "Treatment cell" means the prepared area of a landfarm facility where contaminated soil is undergoing remediation.

(19) "Treatment season" means April through October unless otherwise specified by the department.

(20) "Treatment zone" or "TZ" means the total space within a treatment cell that contains the contaminated soils that are being remediated. The treatment zone includes the contaminated soils applied to the treatment cell and any material incorporated into them.

(21) "Unstable area" has the meaning specified in ARM 17.50.1002.

(22) "Uppermost aquifer" has the meaning specified in ARM 17.50.1102.

(23) "VPH" means volatile petroleum hydrocarbon.

(1) A person may not construct, expand, or operate a landfarm facility after March 11, 2017, without a landfarm license from the department, except as provided in 17.50.1601(2).

(2) An applicant for a landfarm facility license shall submit an application to the department on a form provided by the department.

(3) An applicant for a landfarm facility license shall submit the following application materials:

(a) name and mailing address of the proposed facility owner/operator;

(b) name and mailing address of the landowner where the facility will be located;

(c) documentation of the applicant's ownership of the property or documentation demonstrating that the applicant has the right to operate a solid waste management system on the property;

(d) applicant must provide signed documentation granting access to the property by the department, private contractors, and the facility owner/operator to perform activities associated with approved facility operations of the landfarm;

(e) proposed facility name, mailing address, legal location, and property geocode;

(f) total acreage of the proposed facility and acreage to be used for treatment cells;

(g) location of any lakes, rivers, streams, springs, or bogs, on-site or within one mile of the facility boundary;

(h) hydrogeological, and soils characterization information required in ARM 17.50.1311(2);

(i) present uses of property within one mile of the proposed facility boundary and the property owners' names and current addresses;

(j) certification that there are no local government zoning restrictions or ordinances that prohibit the proposed activity at the proposed site;

(k) regional map(s), with a minimum scale of 1:62,500 and a minimum size of 8 1/2 inches by 11 inches, that delineate(s) the following:

(i) the location of the closest population centers; and

(ii) the local transportation systems, including highways, airports, bridges, and railways;

(l) vicinity map(s), with a minimum scale of 1:24,000 and a minimum size of 8 1/2 inches by 11 inches, that delineate(s) the following within one mile of the facility boundaries:

(i) zoning, existing, and allowed land use;

(ii) property boundaries and residences within one mile of the proposed site;

(iii) surface waters;

(iv) floodplain map;

(v) historic sites; and

(vi) other existing and proposed artificial or natural features relating to the project;

(m) site plan(s), with a minimum scale of 1:24,000 with five-foot contour intervals and a recommended minimum size of 8 1/2 inches by 11 inches, that delineate(s) the following within, or associated with, the facility:

(i) proposed waste management areas and license boundaries;

(ii) the location of existing and proposed:

(A) soil borings;

(B) monitoring wells;

(C) buildings and appurtenances;

(D) fences;

(E) gates;

(F) roads;

(G) parking areas;

(H) drainages;

(I) culverts;

(J) storage facilities or areas;

(K) loading areas;

(L) existing and proposed elevation contours;

(M) the location, within one mile of the proposed licensed boundary, of potable wells, surface water bodies, and drainage swales;

(N) direction of prevailing winds;

(O) other maps and drawings related to the design or environmental impact of the proposed facility if requested by the department;

(P) name and address of individual operator;

(Q) proposed operation and maintenance plan;

(R) closure and post-closure care plans;

(S) other information necessary for the department to comply with the Montana Environmental Policy Act or "MEPA," Title 75, chapter 1, parts 1 through 3, MCA;

(4) An applicant shall submit with the application a copy of a proposed policy of general liability insurance to cover bodily injury or property damage to third persons caused by sudden accidental occurrences at the facility that meet the requirements of ARM 17.50.1114.

(5) In addition to the materials required in (2) through (4), an applicant for a minor, intermediate, or major landfarm facility license shall also submit:

(a) technical design specifications;

(b) construction plans; and

(c) a detailed site plan that includes:

(i) information concerning any material that will be used to construct a liner or berm, including but not limited to:

(A) type, quantity, and source;

(B) compaction density;

(C) moisture content;

(D) design permeability; and

(E) liner construction quality assurance and quality control (QA/QC) plans;

(ii) design and location of any proposed storage or treatment areas;

(iii) design and location of any liquid containment or storage structures; and

(iv) design, location, and grades of any surface water diversion and drainage structures.

(6) In addition to the materials required in (2) through (4), an applicant for a one-time landfarm facility license shall submit the following application materials:

(a) name and address of the proposed facility owner/operator;

(b) name and address of the landowner where the facility will be located;

(c) documentation of the applicant's ownership of the property or documentation demonstrating that the applicant has the right to operate a solid waste management system on the property;

(d) total acreage of the proposed facility and dimensions of the treatment cell;

(e) location of any surface water bodies, including intermittent drainages and floodplains, on-site or within one mile of the facility boundary;

(f) legal description of the site to the nearest quarter-quarter section;

(g) depth to ground water, source of ground water information, and copies of logs from ground water wells within one-mile of the proposed facility;

(h) location of public water supplies within five miles of the proposed facility;

(i) results of background soil sampling;

(j) estimated volume and characterization of soils to be landfarmed at the proposed facility including:

(i) cause of soil contamination;

(ii) analytical results;

(iii) proposed date soils will be applied to landfarm site;

(iv) current use of proposed landfarm site; and

(v) proposed use of site after treatment is completed;

(k) summary of the proposed facility operations and maintenance plan that includes the following:

(i) soil tilling schedule;

(ii) number and frequency of soil sampling activities;

(iii) proposed fertilizer, moisture, or other remediation-enhancing product additions; and

(iv) propose site reclamation and closure activities;

(l) vicinity map(s), with a minimum scale of 1:24,000 and a minimum size of 8 1/2 inches by 11 inches, that delineate(s) the following within one mile of the facility boundaries:

(i) zoning, existing, and allowed land uses;

(ii) residences;

(iii) surface waters;

(iv) access roads;

(v) bridges;

(vi) railroads;

(vii) airports;

(viii) historic sites; and

(ix) other existing and proposed artificial or natural features relating to the project;

(m) site plan(s), with a minimum scale of 1:24,000 with five-foot contour intervals and a minimum size of 8 1/2 inches by 11 inches, that delineate(s) the following within, or associated with, the facility:

(i) proposed waste and licensed boundaries;

(ii) the location of existing and proposed buildings and appurtenances, including:

(A) fences;

(B) gates;

(C) roads;

(D) parking areas;

(E) drainages;

(F) culverts;