Issue 3 - the Montana Secretary of State Website

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should be rewritten to represent the actual intent, which is to provide an exemption
for an unregulated material. The commentor suggested the following language:
"'Clean fill' means soil, dirt, sand, gravel, rocks, and rebar-free concrete, emplaced
free of charge by the property owner to the person placing the fill." If the rule
remains as proposed, gravel pit operators will not be able to charge for fill material.
Conversely, the property owner possibly could charge for material meeting the
physical description when placed on the property. Landfills charge for waste
placement. Clean fill might be paid for by the property owner, or it may be placed
free of charge to the property owner receiving the material. The hauling contractor
may charge the generator of the materials for removal, but there is no charge to the
contractor for placement of "clean fill."
RESPONSE: The department agrees with the comment and will not amend
the definition of "clean fill" as proposed, but will retain the existing definition, which
comports with the definition suggested by the commentor.
COMMENT NO. 5: Concerning the definition of "contaminated soils" in ARM
17.50.502(8), a commentor questioned whether the concentrations of organic
compounds in soil that cause it to be considered contaminated should be specified.
The commentor stated that maximum concentrations should be established, if they
have not already been established. The commentor also stated that landfills
currently are allowed to use contaminated soil as daily cover after it has been
treated. The commentor stated that he didn't see any reference in the new rules to
using treated soils for this purpose, and he would like for the department to consider
this, because the department has been allowing this for some time.
RESPONSE: The concentration of organic compounds in soils necessary to
be considered contaminated is the minimum detectable amount for the particular
organic compound. The proposed addition of the definition of "contaminated soil"
would not affect the accepted practice for the use of treated soils for daily cover.
The department currently has guidelines that allow the use as daily cover of soils
contaminated with certain levels of petroleum. See "General Guidelines for
Operation of Soil Treatment Facility to Bioremediate Petroleum Contaminated
Soils," pp. 13-14, Montana DEQ revised 7/2002. These guidelines are included in
rules currently being developed by the department for a future rulemaking
concerning landfarms.
COMMENT NO. 6: A commentor stated that the amendments to the
definition of "existing unit" should not be adopted as proposed. The commentor
stated that the phrase "existing unit" has profound implications in the federal
regulatory scheme and that the phrase provides a date certain after which specific
regulations, primarily design standards, apply.
RESPONSE: The department agrees with the comment and will not adopt
the definition of "existing unit" as proposed. The department has stricken the term
"existing disposal unit" in ARM 17.50.502, and has amended the definition rule in
each new subchapter where necessary to clarify that "existing" when used in
conjunction with "unit" or a type of unit and "new," when used in conjunction with
"unit" or a type of unit, determine regulatory requirements for pre-1993 and post-
1993 landfill units.
3-2/11/10 Montana Administrative Register