Issue 3 - the Montana Secretary of State Website

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parcel. However, if the landowner wishes to narrow the land area subject to the
deed notation, it must provide an exhibit to the certificate of survey. This may be
done, for example, at closure, and the surveys that were done to obtain approval for
lateral expansions or new units may be used to create the exhibit used for the waste
boundary in the deed notation.
The department believes that 60 days is enough time for a land owner to
obtain an exhibit to a certificate of survey or to refer to the parcel's existing
certificate of survey, and to submit the deed notation to the department for approval.
An exhibit to a certificate of survey is a standard form used by surveyors and should
be readily available. A deed notation form is available from the department.
Under New Rule XLIX(11), which concerns closure, if all the wastes have
been removed from a landfill unit, the "owner or operator may request permission
from the department to remove the notation from the deed." This is the same
process that EPA provided in its regulations at 40 CFR 258.60(j).
COMMENT NO. 37: A commentor stated that the department is proposing a
radical change in deed notation requirements that exceeds EPA requirements,
found in 40 CFR 258.60(i), which apply only to MSWLF units.
RESPONSE: The department does not agree that a deed notation
requirement for Class III landfill units (before the initial receipt of waste or within 60
days for a licensed landfill) is a radical change. Existing ARM 17.50.530(2)(c)
requires deed notations for Class III landfill units. The department recognizes that
40 CFR 258.60(i) does not require a deed notation as a license condition for Class
III or Class IV landfill units. The department stated the necessity for this rule in the
statement of reasonable necessity for the proposed rules and in the Response to
Comment No. 36. The department also addressed the matter of stringency in its
Response to Comment No. 36.
For issues concerning the regulation of MSW and non-MSW at a Class II unit
in New Rule XXIV, see the response to Comment No. 12.
NEW RULE XXV
COMMENT NO. 38: A commentor questioned the department's authority to
require insurance at solid waste management systems and to set the minimum
amount needed.
RESPONSE: Section 75-10-204(8), MCA, provides the authority to require
liability insurance. There is no comparable federal regulation or guideline
addressing the same circumstances, and, therefore, stringency findings under 75-
10-107, MCA, are not required.
The department determined that a minimum amount of $1 million per
occurrence with a minimum annual aggregate of $2 million was necessary. The
standard waste management industry practice is to have this amount of insurance.
NEW RULE XXVII
As discussed in the Response to Comment No. 39, the department has
stricken "aesthetics" from the list of items in (2)(d) that a resource recovery,
Montana Administrative Register 3-2/11/10