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Issue 3 - the Montana Secretary of State Website

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protect human health or <strong>the</strong> environment adequately characterize <strong>the</strong> hydrogeologic<br />

characteristics <strong>of</strong> <strong>the</strong> solid waste landfill facility.<br />

(3) through (3)(e) remain as proposed.<br />

NEW RULE XLVIII (17.50.1402) DEFINITIONS In this subchapter, <strong>the</strong><br />

following definitions apply:<br />

(1) through (6) remain as proposed.<br />

(7) "Existing disposal unit," when used in conjunction with "unit" or a type <strong>of</strong><br />

unit, has <strong>the</strong> meaning given in ARM 17.50.502.<br />

(8) through (16) remain as proposed.<br />

NEW RULE XLIX (17.50.1403) CLOSURE CRITERIA (1) through (3)(c)<br />

remain as proposed.<br />

(4) The owner or operator <strong>of</strong> a Class II or Class IV landfill unit, or a lateral<br />

expansion <strong>of</strong> that an existing Class II or Class IV landfill unit, shall submit a closure<br />

plan to <strong>the</strong> department for approval that describes <strong>the</strong> steps necessary to close all<br />

Class II and Class IV landfill units and lateral expansions at <strong>the</strong> facility at any point<br />

during <strong>the</strong>ir active life in accordance with <strong>the</strong> cover design requirements in (1) or (2),<br />

as applicable. The closure plan must include, at a minimum, <strong>the</strong> following<br />

information and any o<strong>the</strong>r information determined by <strong>the</strong> department to be<br />

necessary to protect human health or <strong>the</strong> environment:<br />

(a) through (11) remain as proposed.<br />

NEW RULE L (17.50.1404) POST-CLOSURE CARE REQUIREMENTS<br />

(1) Following closure <strong>of</strong> a Class II or Class IV landfill unit, <strong>the</strong> owner or<br />

operator shall conduct post-closure care. Post-closure care must be conducted for<br />

30 years, except as provided under (2), and consist <strong>of</strong> at least <strong>the</strong> following:<br />

(a) and (b) remain as proposed.<br />

(c) monitoring <strong>the</strong> ground water in accordance with <strong>the</strong> requirements <strong>of</strong> ARM<br />

Title 17, chapter 50, subchapter 13, and maintaining <strong>the</strong> ground water monitoring<br />

system, if applicable; and<br />

(d) maintaining and operating <strong>the</strong> gas monitoring system in accordance with<br />

<strong>the</strong> requirements <strong>of</strong> ARM 17.50.1106; and<br />

(e) any o<strong>the</strong>r measure determined by <strong>the</strong> department to be necessary to<br />

protect human health or <strong>the</strong> environment.<br />

(2) through (2)(b) remain as proposed.<br />

(3) The owner or operator <strong>of</strong> a Class II or Class IV landfill unit shall submit a<br />

post-closure plan to <strong>the</strong> department for approval that includes, at a minimum, <strong>the</strong><br />

following information and any o<strong>the</strong>r information determined by <strong>the</strong> department to be<br />

necessary to protect human health or <strong>the</strong> environment:<br />

(a) through (8)(d) remain as proposed.<br />

NEW RULE LI (17.50.1405) CLOSURE AND POST-CLOSURE CARE<br />

REQUIREMENTS FOR CLASS III LANDFILL UNITS (1) A Class III landfill unit<br />

closure plan required under ARM 17.50.508 must include, at a minimum:<br />

(a) remains as proposed.<br />

(b) procedures for grading and seeding to prevent erosion; and<br />

3-2/11/10 <strong>Montana</strong> Administrative Register

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