Issue 3 - the Montana Secretary of State Website

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COMMENT NO. 51: A commentor noted that (3)(c) requires secondary
containment, monitoring of leachate and removal systems, and monitoring of
leachate in collection sumps within an alternatively lined cell. The commentor asked
whether this all needs to be completed within a lined cell, and the commentor
questioned the justification and cost versus benefits for this requirement. The
commentor also questioned the legality, due to the proposed rule being more
stringent than the Subtitle D federal regulations, found at 40 CFR Parts 257 and
258. The commentor stated that this rule provision is unnecessary, unwarranted,
and very expensive and should be deleted because the applicant already would
have demonstrated that the alternative liner system meets the Subtitle D ground
water protection standards, or the alternative liner wouldn't have been approved.
RESPONSE: The department agrees that the phrase "monitoring of leachate
in collection sumps within alternative liners" is not justified in New Rule XXXIV.
Alternative liners may be approved under New Rule XXXIII(1)(a) or New Rule I. The
requirements for an alternative liner would be determined based on engineering
submissions and reviews pursuant to those rules. The department agrees that
"secondary containment" is not defined. Therefore, the department has stricken
New Rule XXXIV(3)(c).
Subsection (3)(e) was stricken for the same reasons as in the Response to
Comment No. 46.
COMMENT NO. 52: A commentor stated that the conjunction at the end of
(4)(a), and the entire (4)(b) should be changed to read:
"…; or
(b) is approved by the department under the requirements of [NEW RULE I]."
Proposed (4)(b) needs to be deleted.
RESPONSE: Because New Rule XXXIV(1)(d), which required an owner of a
Class II or IV landfill to meet any other design standard determined by the
department to be necessary to meet the requirements of New Rule XXXIII(1), has
been stricken, and the only requirement being referred to in New Rule XXXIV(4)(b)
is in New Rule XXXIV(1)(d), New Rule XXXIV(4)(b) has also been stricken.
Regarding the commentor's suggestion that New Rule XXXIV(4) should be
amended to state that a unit approved under New Rule I may recirculate leachate,
New Rule I authorizes leachate to be circulated at a landfill unit approved under that
rule if recirculation of leachate is part of the approved design and operation of the
unit; therefore, it is unnecessary to insert a reference to New Rule I in New Rule
XXXIV.
NEW RULE XXXVI
For the same reason discussed in the Response to Comment No. 45, the
department is revising New Rules XXXVII and XXXVIII to use the phrase
"underground drinking water source." New Rules XXXVII and XXXVIII are in New
Subchapter IV. Because that phrase was not defined in this rule, which includes
definitions for use in New Subchapter IV, it is necessary to revise this rule to include
a definition of that phrase. The department has revised New Rule XXXVI to include
3-2/11/10 Montana Administrative Register