Rule: 4.10.1803 Prev     Up     Next    
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Subchapter: Pesticide Disposal Program
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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(1) Disposal program contractors must:

(a) register as a hazardous waste generator with the Montana Department of Environmental Quality (DEQ) and possess a hazardous waste identification number issued by DEQ. DEQ registration and a hazardous waste identification number are not required for a contractor involved solely with recyclable pesticide containers and exchangeable pesticides;

(b) possess or subcontract only with transporters that possess all necessary federal and state permits, licenses and registrations required for the transportation of hazardous waste; and

(c) certify that employees conducting the disposal program meet occupational safety and health administration safety and training requirements in 29 CFR 1910.120.

(2) The department may issue request for bid proposals (RFPs) and enter into written contracts to conduct disposal program operations. The department may require that responding entities provide specific information on methods and procedures contractors will use in conducting a disposal program. Contractor information may include but is not limited to:

(a) a collection site preparation and restoration plan to provide for safe transfer of acceptable pesticides, exchangeable pesticides, and recyclable pesticide containers including provisions for site selection, protection of the environment and public health, and restoration of the site to its original condition;

(b) evidence of an established quality assurance/quality control program used by the contractor;

(c) provisions for the development of a site-specific health and safety plan for the chosen collection site;

(d) written documentation provided to the department before collection ensuring that the acceptable pesticides collected under the disposal program will be accepted by an EPA-permitted disposal facility for incineration;

(e) methods for management of collected acceptable pesticides from the collection site to the disposal facility in compliance with ARM Title 17, chapter 54;

(f) provisions for the inspection and monitoring of the disposal program by the department;

(g) attendance at organizational meeting(s) prior to collection day(s); and

(h) provisions for written documentation of collection activities provided to the department within established time schedules.

(3) The department establishes criteria for awarding the disposal program contract. Selection criteria includes but is not limited to:

(a) ability to perform service;

(b) related experience or similar waste disposal projects;

(c) references;

(d) federal Resource Conservation and Recovery Act (RCRA) record;

(e) clarity and completeness of bid proposal; and

(f) cost.


History: 80-8-105, MCA; IMP, 80-8-111, 80-8-112, MCA; NEW, 1994 MAR p. 1280, Eff. 5/13/94; AMD, 2019 MAR p. 1523, Eff. 9/7/19.


MAR Notices Effective From Effective To History Notes
4-19-261 9/7/2019 Current History: 80-8-105, MCA; IMP, 80-8-111, 80-8-112, MCA; NEW, 1994 MAR p. 1280, Eff. 5/13/94; AMD, 2019 MAR p. 1523, Eff. 9/7/19.
5/13/1994 9/7/2019 History: Sec. 80-8-105 MCA; IMP, Sec. 80-8-111, 80-8-112 MCA; NEW, 1994 MAR p. 1280, Eff. 5/13/94.
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