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(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.

History: 75-10-115, 75-10-204, 75-10-221, MCA; IMP, 75-10-115, 75-10-204, 75-10-221, MCA; NEW, 1992 MAR p. 1377, Eff. 6/26/92; TRANS, from DHES, 1995 MAR p. 2253; AMD, 1997 MAR p. 1031, Eff. 6/24/97; AMD, 2003 MAR p. 2857, Eff. 12/25/03.

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