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 be sufficient to cover the cost of proper management of the waste tires stored at the facility, including but not limited to waste tire treatment, removal, transportation, disposal, fire suppression, or other measures necessary to protect the environment and the health, safety, and welfare of the public. The licensee may elect to provide financial assurance by any one method or a combination of methods satisfactory to the department, including but not limited to insurance, a guarantee, performance, or other surety bond, a letter of credit, qualification as a self-insurer, or other demonstration of financial capability.
(3) The department may require the owner or operator of the facility to modify the terms and conditions of financial assurance provided for the purposes of this section to adjust for changing circumstances at the facility, including but not limited to the number of waste tires accumulated without processing or disposal, availability of alternative waste tire markets, the financial viability of the facility operation, and the estimated costs of waste tire treatment, processing, transportation, and disposal alternatives.
History: En. Sec. 3, Ch. 373, L. 1997.
Structure Montana Code Annotated
Title 75. Environmental Protection
Chapter 10. Waste and Litter Control
Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act
75-10-202. Legislative intent, findings, and policy
75-10-204. Powers and duties of department
75-10-207. Ground water monitoring
75-10-208. Department rulemaking authority for infectious waste
75-10-212. Disposal in unauthorized area prohibited -- exception
75-10-213. Unlawful disposition of dead animals -- exception
75-10-214. Exclusions -- exceptions to exclusions
75-10-215. Statewide household hazardous waste public education program
75-10-216. Waste tire disposal sites -- financial assurance required
75-10-219. and 75-10-220 reserved
75-10-221. License required -- application
75-10-222. Notification of and validation by local health officer
75-10-223. Refusal by local health officer -- appeal to board
75-10-224. Revocation or denial of license by department
75-10-227. Administrative enforcement
75-10-229. and 75-10-230 reserved
75-10-232. Penalty for violations
75-10-233. Dumping penalty -- enforcement
75-10-234. Liability -- defense and exclusions
75-10-235. through 75-10-239 reserved
75-10-240. Disposal of coal combustion residues -- cost benefit analysis required
75-10-241. through 75-10-249 reserved
75-10-250. Baled waste tires prohibited -- exception -- department rules