(1) Before waste materials or fly ash from a coal preparation or conversion facility or from other activities conducted outside the permit area such as municipal waste collection may be used for fill material or other purpose or disposed of on the mine site, the permittee shall demonstrate to the department by hydrogeological means, chemical and physical analyses, and the disposal procedures that use and disposal of these materials will be conducted in accordance with ARM 17.24.505, 17.24.631, 17.24.643, 17.24.702, 17.24.711, and any other applicable provision of the Act and pursuant rules, will not adversely affect water quality, public health or safety, or other environmental resources, and will not cause instability in the backfilled area. The operator may not use such waste or fly ash for fill or other purpose or dispose of such material on the permit area without prior approval by the department.

(2) Notwithstanding any provision of this subchapter, any waste materials meeting the definition of "hazardous" as found in section 3001 of PL 94-580, as amended, must be handled in accordance with PL 94-580 and regulations adopted thereunder.

History: 82-4-204, 82-4-205, MCA; IMP, 82-4-232, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 811, Eff. 4/23/99.