(1) A person may not apply pumpings to flooded, frozen, or snow covered ground if the pumpings may enter state waters.

(2) A person may apply routine maintenance pumpings or emergency pumpings including, but not limited to, pumpings required due to 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.

History: 37-41-103, 75-10-204, 75-10-1202, MCA; IMP, 37-41-103, 75-10-204, 75-10-1202, MCA; NEW, 1984 MAR p. 258, Eff. 1/27/84; TRANS, from DHES, 1995 MAR p. 2253; AMD, 2001 MAR p. 848, Eff. 5/25/01.