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 the applicant, the location of the proposed solid waste management system, a plan of operation and maintenance, and other information that the department may by rule require.
(4) The license provided for in this section is for a period not to exceed 12 months unless renewed by the department.
(5) The department may require submission of a new application if the department determines that the plan of operation, the management of the solid waste system, or the geological or ground water conditions have changed since the license was initially approved.
(6) In preparing rules that establish fees for licenses and the review of applications pursuant to 75-10-104(2), the department shall consider the tonnage or volume of waste to be managed and the size of the proposed solid waste management system. The fees adopted must encourage reduction in the tonnage or volume of waste to be managed and cover the costs to the department of initially reviewing and annually licensing the solid waste management system.
History: En. Sec. 4, Ch. 35, L. 1965; amd. Sec. 1, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 5, Ch. 542, L. 1977; R.C.M. 1947, 69-4004(1); amd. Sec. 6, Ch. 358, L. 1981; amd. Sec. 6, Ch. 643, L. 1991; amd. Sec. 10, Ch. 170, L. 2001; amd. Sec. 67, Ch. 324, L. 2021.
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