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 physical capabilities of the site to contain the type of solid waste to be disposed of;
     (3) the procedures to be followed in the disposal, treatment, or transport of solid wastes;
     (4) the suitability of the site from a public health standpoint when hydrology, geology, and climatology are considered;
     (5) requirements relating to ground water monitoring, including but not limited to:
     (a) information that owners and operators of municipal solid waste landfills and other disposal sites specified in 75-10-207 must submit to the department to enable the department to prepare the priority compliance list authorized by 75-10-207(3);
     (b) the content of plans for the design, construction, operation, and maintenance of monitoring wells and monitoring systems; and
     (c) recordkeeping and reporting;
     (6) fees related to the review of solid waste management system license applications;
     (7) the renewal of solid waste management system licenses and related fees;
     (8) a quarterly fee based on the justifiable direct and indirect costs to the state of administering Title 75, chapter 10, parts 1 and 2, for solid waste generated outside Montana and disposed of or incinerated within Montana;
     (9) any other factors relating to the sanitary disposal or management of solid wastes.

     History: En. Sec. 7, Ch. 35, L. 1965; amd. Sec. 3, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 8, Ch. 542, L. 1977; R.C.M. 1947, 69-4007(1); amd. Sec. 3, Ch. 358, L. 1981; amd. Sec. 3, Ch. 677, L. 1989; amd. Sec. 5, Ch. 643, L. 1991; amd. Sec. 3, Ch. 273, L. 1993; amd. Sec. 14, Ch. 471, L. 1995.