Issue 3 - the Montana Secretary of State Website

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disposal or management of solid waste, authorizes the department to adopt a rule
requiring liability insurance. The commentor stated that the rationale for this rule
cites the fact that a facility could be unable to properly manage wastes if it is
uninsured and someone is injured at the facility, but that the financial health of a
facility is not a proper concern of the department, which has regulatory authority
over environmental concerns, not business dealings. Facilities that pose a possible
significant threat to the environment, Class II landfills, are required to have financial
assurance to cover the costs of closure and post closure care. EPA has no
comparable insurance requirement for facilities, nor did it think one was necessary
except for the financial assurance needed at MSWLF units. The commentor stated
that this proposed rule should be deleted.
RESPONSE: One copy of an application for a license is required. If the
department needs more copies, it will ask for them.
ARM 17.50.508 requires, as part of a license application, the submission of
the location, for (1)(g), of water bodies within two miles of the facility boundary, and
for (1)(h), the facility location in relation to the base floodplain of nearby drainages,
and (1)(o), (p), and (q) detail the type of maps required. There may be some minor
duplication in the requested information, but the department does not believe such
duplication would hinder the licensing process.
ARM 17.50.508(1)(i), which contains the phrase "pertinent water quality
information," was not proposed to be revised. However the phrase will be
interpreted consistent with past practice.
ARM 17.50.508(1)(w) was not proposed for amendment in this rulemaking.
However, if a closure or post-closure plan were not required as part of a license
application, the department would notify the applicant that the plan was not required.
The department will study the suggested revision and may revise (1)(w) in a future
rulemaking.
Section 75-10-204(8), MCA, provides the authority to require liability
insurance. The reason for this provision was provided in the statement of
reasonable necessity for New Rule XXV in MAR Notice No. 17-284.
ARM 17.50.509
COMMENT NO. 16: A commentor stated that ARM 17.50.509(2)(k)(vi)
should be revised to read: "any other special waste, as defined in ARM
17.50.502(37), determined by the department," to prevent the rule from being overly
broad and subject to misinterpretation.
RESPONSE: Because "special waste" is defined in the definition rule (ARM
17.50.502) for subchapter 5, it does not have to be defined in any other rule in
subchapter 5.
ARM 17.50.513
COMMENT NO. 17: A commentor stated that it is the commentor's
understanding that, pursuant to the authority granted to the board in 75-10-115,
MCA, only the Board of Environmental Review has the authority to adopt rules
related to solid waste fees.
Montana Administrative Register 3-2/11/10