Senate Bill No. 332

Introduced By miller

A Bill for an Act entitled: "An Act requiring solid waste management facilities licensed primarily as waste tire disposal sites to provide performance or other surety bonds to guarantee the proper management and disposal of waste tires; and amending sections 75-10-203 and 75-10-204, MCA."


A statement of intent is required for this bill because it authorizes the department of environmental quality to adopt additional rules requiring that solid waste management systems that are licensed primarily for the management and disposal of waste tires provide sufficient bonding to cover the cost of transport, treatment, and disposal of the waste tires if the facility is not capable of proper management. It is the intent that the amount of the bond be adjusted as necessary if there are changing operational circumstances at the licensed facility and in the waste tire market. It is not the intent of the legislature to require licensing or bonding of retail facilities that store reusable tires for the purposes of recapping, retreading, or reuse as tires.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 75-10-203, MCA, is amended to read:

"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 the land so that the solid waste or any constituent of it may enter the environment or be emitted into the air or discharged into any waters, including ground water.

(4)  "Household hazardous waste" means products commonly used in the home that due to corrosivity, ignitability, reactivity, toxicity, or other chemical or physical properties are dangerous to human health or the environment. Household hazardous waste includes but is not limited to cleaning, home maintenance, automobile, personal care, and yard maintenance products.

(5)  "Household waste" means any solid waste derived from households, including single and multiple residences, hotels, and motels, crew quarters, and campgrounds and other public recreation and public land management facilities.

(6)  (a) "Municipal solid waste landfill" means any publicly or privately owned landfill or landfill unit that receives household waste or other types of waste, including commercial waste, nonhazardous sludge, and industrial solid waste.

(b)  The term does not include land application units, surface impoundments, injection wells, or waste piles.

(7)  "Person" means an individual, firm, partnership, company, association, corporation, city, town, local governmental entity, or any other governmental or private entity, whether organized for profit or not.

(8)  "Resource recovery" means the recovery of material or energy from solid waste.

(9)  "Resource recovery facility" means a facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse.

(10) "Resource recovery system" means a solid waste management system that provides for the collection, separation, recycling, or recovery of solid wastes, including disposal of nonrecoverable waste residues.

(11) (a) "Solid waste" means all putrescible and nonputrescible wastes, including but not limited to garbage; rubbish; refuse; ashes; sludge from sewage treatment plants, water supply treatment plants, or air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials.

(b)  Solid waste does not mean municipal sewage, industrial wastewater effluents, mining wastes regulated under the mining and reclamation laws administered by the department of environmental quality, slash and forest debris regulated under laws administered by the department of natural resources and conservation, or marketable byproducts.

(12) "Solid waste management system" means a system that controls the storage, treatment, recycling, recovery, or disposal of solid waste. For the purposes of this definition, a container site, as defined in 75-10-103, is not a component of a solid waste management system.

(13) "Storage" means the actual or intended containment of wastes, either on a temporary basis or for a period of years.

(14) "Transport" means the movement of wastes from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal.

(15) "Treatment" means a method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any solid waste so as to neutralize the waste or so as to render it safer for transport, amenable for recovery, amenable for storage, or reduced in volume.

(16) "Waste tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect."

Section 2.  Section 75-10-204, MCA, is amended to read:

"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) requirements to maintain a bond payable to the state of Montana with a surety satisfactory to the department in an amount sufficient to provide for 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;

(9)(10)  any other factors relating to the sanitary disposal or management of solid wastes."

NEW SECTION. Section 3.  Waste tire disposal sites -- bond 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 a performance or other surety bond in accordance with rules of the department.

(2) A bond 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 CASH, NEGOTIABLE BONDS, OR NEGOTIABLE CERTIFICATES OF DEPOSIT OF ANY BANK ORGANIZED OR TRANSACTING BUSINESS IN THE UNITED STATES. THE CASH DEPOSIT OR MARKET VALUE OF THE SECURITIES MUST BE EQUAL TO OR GREATER THAN THE AMOUNT OF THE BOND REQUIRED FOR THE BONDED ACTIVITIES.

(3) The department may require the owner or operator of the facility to modify the bond terms and conditions 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.

NEW SECTION. Section 4.  Codification instruction. [Section 3] is intended to be codified as an integral part of Title 75, chapter 10, part 2, and the provisions of Title 75, chapter 10, part 2, apply to [section 3].