Issue 3 - the Montana Secretary of State Website

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but with the following changes (stricken matter interlined, new matter underlined). In
some rules commas have been added or stricken without changing the substantive
meaning of the rules. The department has made findings concerning rules that
have been determined to be more stringent than comparable federal regulations or
guidelines addressing the same circumstances in a document dated January 29,
2010, and entitled Montana Department of Environmental Quality's Written Findings,
Pursuant to Section 75-10-107, MCA, (House Bill 521), for Amendment and
Adoption of Rules Proposed in MAR Notice No. 17-284 at Page 164, 2009 Montana
Administrative Register, Issue Number 4 on February 26, 2009 and Page 1326,
2009 Montana Administrative Register, Issue Number 15 on August 13, 2009,
Pertaining to the Licensing and Operation of Solid Waste Landfill Facilities. This
document will be referred to in this notice as "Stringency Findings." It may be
obtained by viewing or downloading it from the department's web site at
http://deq.mt.gov/SolidWaste/LawsRules.mcpx, or by contacting the Department's
Solid Waste Section Supervisor as follows: Ricknold Thompson, Solid Waste
Section Supervisor, Department of Environmental Quality, PO Box 200901, Helena
MT 59620-0901; Tel: 406-444-5345; Fax: 406-444-1374; Email:
rithompson@mt.gov.
17.50.502 DEFINITIONS In addition to the definitions in 75-10-203, MCA,
the following definitions apply to this subchapter:
(1) through (3) remain as proposed.
(4) "Clean fill" means soil, dirt, sand, gravel, rocks, and rebar-free concrete,
emplaced free of charge to the property owner person placing the fill, in order to
adjust or create topographic irregularities for agricultural or construction purposes.
(5) through (9) remain as proposed.
(10) "Existing disposal unit" means a unit within the licensed waste boundary
of a solid waste management facility. "Existing," when used in conjunction with
"unit" or a type of unit, means a unit that was licensed as a solid waste management
system and was receiving solid waste as of October 9, 1993.
(11) "Facility" means property where solid waste management is occurring or
has occurred. It includes all contiguous land and structures, other appurtenances,
and improvements on the land ever used for management of solid waste.
(12) through (25) remain as proposed.
(26) "New," when used in conjunction with "unit" or a type of unit, means a
unit that is not an existing unit.
(26) through (40) remain as proposed, but are renumbered (27) through (41).
(41) "Waste boundary" means the perimeter of the area approved by the
department for disposal of solid waste that is located within the licensed boundary of
a solid waste management facility.
(42) remains as proposed.
17.50.508 APPLICATION FOR SOLID WASTE MANAGEMENT SYSTEM
LICENSE (1) Prior to disposing of solid waste or operating a solid waste
management system or expanding a licensed boundary, a person shall submit to the
department for approval an application for a license to construct and operate a solid
waste management system. The applicant shall use the application form provided
Montana Administrative Register 3-2/11/10