17.50.1004    FLOODPLAINS

(1) The owner or operator of a new or existing Class II or Class IV landfill unit, or a lateral expansion of an existing Class II or Class IV landfill unit, located in a 100-year floodplain shall submit for department approval a demonstration that the unit will 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 and the environment. The owner or operator shall place the approved demonstration in the operating record and notify the department that it has been placed in the operating record.

(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.

History: 75-10-204, MCA; IMP, 75-10-204, MCA; NEW, 2010 MAR p. 317, Eff. 2/12/10.