75-10-201. Short title
75-10-201. Short title. This part may be cited as “The Montana Solid Waste Management Act”. History: En. 69-4001.1 by Sec. 2, Ch. 542, L. 1977; R.C.M. 1947, 69-4001.1.
75-10-202. Legislative intent, findings, and policy
75-10-202. Legislative intent, findings, and policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Montana Solid Waste Management Act. It is the legislature’s intent that the requirements of this part provide adequate remedies for the protection of the environmental life support […]
75-10-203. Definitions
75-10-203. Definitions. Unless the context requires otherwise, in this part, the following definitions apply: (1) ”Board” means the board of environmental review provided for in 2-15-3502. (2) ”Department” means the department of environmental quality provided for in 2-15-3501. (3) ”Dispose” or “disposal” means the discharge, injection, deposit, dumping, spilling, leaking, or placing of any solid waste into or onto […]
75-10-204. Powers and duties of department
75-10-204. Powers and duties of department. The department shall, subject to the provisions of 75-10-107, adopt rules governing solid waste management systems that must include but are not limited to: (1) requirements for the plan of operation and maintenance that must be submitted with an application under this part; (2) the classification of disposal sites according to the […]
75-10-205. Inspections
75-10-205. Inspections. The department has continuing authority and responsibility to inspect a solid waste management system under the provisions of this part. Inspections may be conducted only during reasonable hours and only after presentation of appropriate credentials identifying the inspector as a duly authorized employee of the department. History: En. Sec. 7, Ch. 35, L. 1965; amd. […]
75-10-206. Variance
75-10-206. Variance. (1) A person may apply to the board for a variance from rules adopted by the department pursuant to 75-10-204, except for rules adopted pursuant to 75-10-204(6). The board may grant a variance if it finds that: (a) failure to comply with the rules does not result in a danger to public health or safety; […]
75-10-207. Ground water monitoring
75-10-207. Ground water monitoring. (1) Owners and operators of municipal solid waste landfills and other disposal sites that at any time accepted household waste, that are in operation as of October 1, 1989, and that serve a geographic area with a population of 5,000 or more persons as determined by the most recent census are required […]
75-10-208. Department rulemaking authority for infectious waste
75-10-208. Department rulemaking authority for infectious waste. (1) Except as provided in subsection (2), the department shall adopt rules governing the inspection and regulation of the transportation and management of infectious waste as defined in 75-10-1003. (2) The department may not adopt rules to regulate: (a) the generation of infectious waste; or (b) infectious waste storage or transportation that […]
75-10-209. Repealed
75-10-209. Repealed. Sec. 11, Ch. 170, L. 2001. History: En. Sec. 7, Ch. 696, L. 1989; amd. Sec. 1, Ch. 649, L. 1991; amd. Sec. 1, Ch. 524, L. 1993.
75-10-210. Repealed
75-10-210. Repealed. Sec. 35, Ch. 112, L. 1997. History: En. Sec. 2, Ch. 16, Sp. L. July 1992.
75-10-211. Repealed
75-10-211. Repealed. Sec. 30, Ch. 358, L. 1981. History: En. Sec. 5, Ch. 35, L. 1965; amd. Sec. 2, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 6, Ch. 542, L. 1977; R.C.M. 1947, 69-4005.
75-10-212. Disposal in unauthorized area prohibited — exception
75-10-212. Disposal in unauthorized area prohibited — exception. (1) A person may not dispose of solid waste except as permitted under this part. (2) It is unlawful to dump or leave any garbage, dead animal, or other debris or refuse: (a) in or upon any highway, road, street, or alley of this state; (b) in or upon any public […]
75-10-213. Unlawful disposition of dead animals — exception
75-10-213. Unlawful disposition of dead animals — exception. It is unlawful to: (1) place all or any part of a dead animal in any lake, river, creek, pond, reservoir, road, street, alley, lot, or field; (2) place all or any part of a dead animal within 1 mile of the residence of any person unless the dead animal […]
75-10-214. Exclusions — exceptions to exclusions
75-10-214. Exclusions — exceptions to exclusions. (1) (a) This part may not be construed to prohibit a person from disposing of the person’s own solid waste that is generated in reasonable association with the person’s household or agricultural operations upon land owned or leased by that person or covered by easement or permit as long as the […]
75-10-215. Statewide household hazardous waste public education program
75-10-215. Statewide household hazardous waste public education program. The department shall implement a statewide household hazardous waste public education program. The program must include but is not limited to providing information about: (1) alternatives to disposal of household hazardous waste at municipal solid waste landfills and other disposal sites; (2) options for recycling or the safe disposal of […]
75-10-216. Waste tire disposal sites — financial assurance required
75-10-216. Waste tire disposal sites — financial assurance required. (1) A solid waste management system licensed pursuant to 75-10-221 for the sole or primary purpose of storage, treatment, processing, or disposal of waste tires is required to provide and maintain financial assurance in accordance with rules of the department. (2) Financial assurance required by this section must […]
75-10-217. reserved
75-10-217 reserved.
75-10-218. Repealed
75-10-218. Repealed. Sec. 6, Ch. 145, L. 1993. History: En. Sec. 6, Ch. 696, L. 1989.
75-10-219. and 75-10-220 reserved
75-10-219 and 75-10-220 reserved.
75-10-221. License required — application
75-10-221. License required — application. (1) Except as provided in 75-10-214, a person may not dispose of solid waste or operate a solid waste management system without a license from the department. (2) The department shall provide application forms for a license as provided in this part. (3) The application must contain the name and business address of […]