(1) There are locational and design requirements with which both facility classifications must comply.   In addition, there are other requirements that are applicable only to specific classifications.   The general locational requirements that all facilities must meet include:

(a) a sufficient acreage of suitable land must be available for solid waste management;

(b) where public use or year round access is contemplated, access roads and bridges must be capable of supporting loaded vehicles during all types of weather;

(c) facilities may not be located in a 100 year floodplain;

(d) facilities may be located only in areas which will prevent the pollution of ground and surface waters and public and private water supply systems;

(e) drainage structures must be installed where necessary to prevent surface runoff from entering waste management areas;

(f) where underlying geological formations contain rock fractures or fissures which may lead to pollution of the ground water or areas in which springs exist that are hydraulically connected to a proposed disposal facility, only Class III disposal facilities may be approved; and

(g) facilities must be located to allow for reclamation and reuse of the land.

(2) Special requirements include:

(a) Facilities licensed and operated as Class II landfills must confine solid waste and leachate to the disposal facility, unless department approval is obtained for treatment at another facility.   If there is a potential for leachate migration, it must be demonstrated to the satisfaction of the department that leachate will only migrate to underlying formations which have no hydraulic continuity with any state waters according to the criteria specified in ARM 17.50.506.

(b) Adequate separation of Group II wastes from underlying or adjacent water must be provided.   The extent of the separation required must be established on a case-by-case basis, considering terrain, type of underlying soil formations, and facility design.

(c) The following airport safety requirements apply to all facilities which manage Group II waste:

(i) Facilities may not be located or operated within 10,000 feet (3,048 meters) of any airport runway used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway used by only piston-type aircraft unless the owner or operator can demonstrate to the department's satisfaction that the facility is designed and can be operated so that it does not pose a bird hazard to aircraft.   That demonstration must be submitted to the department and the federal aviation administration (FAA) and placed in the facility's operating record.

(ii) An owner or operator proposing to license a facility or a lateral expansion within a 5 mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the FAA.

(iii) The owner or operator (or applicant in the case of a new license application) must submit copies of the required notifications and responses received from the affected airport and FAA within 30 days of the date they were sent or received.

(d) New disposal units or lateral expansions may not be located in wetlands.

(e) New disposal units or lateral expansions may not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the department that an alternative setback distance of less than 200 feet (60 meters) will prevent damage to the structural integrity of the disposal unit and will be protective of human health and the environment.

(f) Class II disposal units or lateral expansions may not be located in seismic impact zones, unless the owner or operator demonstrates to the department that all containment structures, including liners, leachate collection and removal systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site.

(g) Owners or operators of new Class II disposal units, existing Class II disposal units, and lateral expansions located in an unstable area must demonstrate to the department that engineering measures have been incorporated into the unit's design to ensure that the integrity of the structural components of the landfill unit will not be disrupted.   The department will consider the following factors, at a minimum, when determining whether an area is unstable:

(i) on-site or local soil conditions that may result in significant differential settling;

(ii) on-site or local geologic or geomorphic features; and

(iii) on-site or local human-made features or events (both surface and subsurface) .

(h) (i) Existing facilities that cannot make the demonstration specified in (2) (c) above pertaining to airports, (1) (c) of this rule pertaining to floodplains, or (2) (g) above pertaining to unstable areas, must close by October 9, 1996, in accordance with ARM 17.50.530 and conduct post-closure activities in accordance with ARM 17.50.531.

(ii) The deadline for closure required by (i) above may be extended up to 2 years if the owner or operator demonstrates to the department that:

(A) there is no available waste management alternative; and

(B) there is no immediate threat to human health and the environment.

(i) Owners and operators should be aware that Montana has local water quality protection districts.   This protection program may impose additional requirements on owners or operators of solid waste management systems other than those set forth in this subchapter.

(j) Class III landfills may not be located on the banks of or in a live or intermittent stream or water saturated areas, such as marshes or deep gravel pits which contain exposed ground water.

(k) A Class IV landfill unit may not be located in wetlands or in a 100 year floodplain.