SENATE BILL NO. 126
INTRODUCED BY W. CRISMORE
BY REQUEST OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY
AN ACT ESTABLISHING REQUIREMENTS FOR THE DISPOSAL OF SEPTAGE AND REQUIRING LICENSURE OF THOSE ENGAGED IN THAT BUSINESS; PROVIDING THE DEPARTMENT OF ENVIRONMENTAL QUALITY WITH RULEMAKING AUTHORITY; ESTABLISHING A LICENSE AND LICENSE RENEWAL FEE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING THE DEPARTMENT WITH THE AUTHORITY TO REVOKE OR DENY A LICENSE; PROVIDING THE DEPARTMENT WITH ADMINISTRATIVE ENFORCEMENT AUTHORITY; AUTHORIZING CRIMINAL FINES AND CIVIL PENALTIES; CREATING A SEPTAGE SPECIAL REVENUE ACCOUNT; TRANSFERRING CERTAIN FUNDS; REPEALING SECTIONS 37-41-101, 37-41-103, 37-41-104, 37-41-105, 37-41-201, 37-41-202, 37-41-205, 37-41-211, AND 37-41-212, MCA; AND PROVIDING EFFECTIVE DATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. As used in [sections 1 through 10], 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) "Disposal" means the discharge, injection, deposit, dumping, spilling, leaking, or placing of septage into or onto the land or water.
(4) "Domestic sewage" means waste and wastewater from humans or household operations that are discharged to or otherwise enter a treatment works.
(5) "Industrial wastewater" means wastewater generated in a commercial or industrial process.
(6) "Person" means an individual, firm, partnership, association, corporation, city, town, local government entity, or other government or private entity, whether organized for profit or not.
(7) (a) "Septage" means liquid or solid material removed from a septic tank, cesspool, portable toilet, or similar treatment works that receives only domestic sewage.
(b) Septage does not include material removed from a septic tank, cesspool, or similar treatment works that receives industrial wastewater and does not include grease removed from a grease trap at a restaurant.
(8) "Treatment works" means a publicly owned or privately owned device or system used to treat, including to recycle and to reclaim, either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature.
Section 2. Department rulemaking authority. Except as provided in subsection (4), the department shall adopt rules governing the licensure of a person engaged in the business of cleaning cesspools, septic tanks, and privies or disposing of septage. The rules must provide:
(1) procedures for issuance, denial, renewal, and revocation of licenses;
(2) requirements that provide for the sanitary disposal of septage, including:
(a) application of septage to agricultural land, forest land, and reclamation sites;
(b) standards governing rates of application pursuant to subsection (2)(a);
(c) land application standards and restrictions, including:
(i) pathogen restrictions and treatment requirements;
(ii) vector attraction reduction requirements;
(iii) frequency of monitoring; and
(iv) recordkeeping requirements; and
(3) surface disposal standards, including:
(a) the vector attraction reduction requirements for septage placed on an active sewage sludge unit;
(b) the frequency of monitoring required when septage is placed on an active sewage sludge unit;
(c) the recordkeeping required when septage is placed on a surface disposal site; and
(d) requirements for the disposal of waste from:
(i) cesspools, septic tanks, portable toilets, and other similar treatment works that receive industrial wastewater or grease removed from grease traps; and
(ii) grease traps.
(4) The department may not adopt rules pertaining to the business operations of persons engaged in the business of cleaning cesspools, septic tanks, and privies or disposing of septage, including the fees charged for cleaning or leasing portable toilets.
Section 3. License required -- exception. (1) Except as provided in subsection (2), a person may not engage in the business of cleaning cesspools, septic tanks, or privies or dispose of septage unless licensed by the department.
(2) An owner or lessee of property from which septage is removed may dispose of that septage on that person's property if:
(a) the person pumps the septage with the person's equipment or retains a person licensed pursuant to the provisions of subsection (1) to pump the septage; and
(b) the disposal does not violate disposal restrictions or rules adopted pursuant to [section 2] or create a nuisance or public health hazard.
Section 4. Application for license. An application for a license must be made to the department on forms provided by the department. The application must contain:
(1) the full name and business address of the applicant;
(2) a list of the counties in which business is to be conducted and a list of disposal sites that the applicant intends to use during the permit year;
(3) for each disposal site listed pursuant to subsection (2), a certification by a local health officer or the local health officer's designated representative in the county in which the disposal site is located that the site meets all applicable state and local requirements;
(4) written permission to use each proposed disposal site signed by the owner, manager, or other person authorized to give permission to use the disposal site; and
(5) any additional information required by rule.
Section 5. License term, renewal, and fees. (1) A license expires on December 31 of each calendar year. A license is renewable in accordance with procedures established in rules adopted pursuant to [section 2] and upon receipt of the application provided for in subsection (2) of this section. A license is not transferable. If a person ceases to do business, the license terminates and the license must be returned to the department.
(2) An application for renewal of a license must be made on a form provided by the department. The application must contain:
(a) the full name and address of the licensee;
(b) a list of counties in which business is to be conducted during the renewal term;
(c) a list of disposal sites that the licensee intends to use during the renewal term;
(d) for each disposal site listed pursuant to subsection (2)(c) but not previously listed by the licensee for the year immediately preceding the renewal year:
(i) a certification by the local health officer or the local health officer's representative in the county in which the disposal site is located that the site meets all applicable state and local requirements; and
(ii) written permission to use the site signed by the owner, manager, or other person authorized to give permission to use the site; and
(e) any additional information required by the department by rule.
(3) The fee for a license, including renewal of a license, is $125, payable to the department at the time of application for the license or renewal. A federal agency, city, town, county, or other political subdivision is not required to pay the license fee. A city, town, county, or other political subdivision, including a federal agency if allowed by federal law, shall comply with all other requirements of [sections 1 through 10]. The department shall annually return 40% of the fees to the county where the fees were collected. The state portion of the fee must be deposited in the account provided for in [section 10]. The county portion of the fee must be used to defer the cost of the county to enforce [sections 1 through 10].
(4) In addition to the license fee required under subsection (3), the department shall collect a late fee from any person that has failed to submit a license fee between January 31 and April 1 of a renewal year and that operates a business governed by [sections 1 through 10] in the renewal year. The late fee is $125 and must be deposited in the account provided for in [section 10]. The late fee is the exclusive remedy for the late payment of a renewal fee.
Section 6. Injunction. (1) The department may sue to enjoin the operation or maintenance of a septage collection or disposal operation until compliance with [sections 1 through 10], the rules of the department, or an order issued pursuant to [sections 1 through 10] has been demonstrated.
(2) Upon request of the department, the attorney general or the county attorney of the county in which a septage collection or disposal operation is located may petition the district court to enjoin further operation or maintenance of the septage collection or disposal operation.
Section 7. Department revocation or denial of license. The department may deny or revoke a license after giving the applicant written notice and an opportunity for a hearing before the board. The decision to deny or revoke a license may be made only after a finding that a business or disposal site cannot be operated or is not being operated in compliance with [sections 1 through 10] or a rule or order issued pursuant to [sections 1 through 10]. The hearing held before the board on a denial or revocation must be held pursuant to the provisions of the Montana Administrative Procedure Act.
Section 8. Administrative enforcement. (1) If the department believes that a violation of [sections 1 through 10], a rule adopted under [sections 1 through 10], or an order issued under [sections 1 through 10] has occurred, it may serve written notice of the violation, by certified mail, on the alleged violator or the violator's agent. The notice must specify the provision of [sections 1 through 10], the rule, or the condition of approval alleged to have been violated and the facts alleged to constitute a violation. The notice must include an order to take necessary corrective action within a reasonable period of time. The time period must be stated in the order. Service is complete on the date of mailing.
(2) If the alleged violator does not request a hearing before the board within 30 days of the date of service, the order is final. Failure to comply with a final order may subject the violator to an action commenced pursuant to [section 7].
(3) If the alleged violator requests a hearing before the board within 30 days of the date of service, the board shall schedule a hearing. After the hearing is held, the board may:
(a) affirm or modify the department's order issued under subsection (1) if the board finds that a violation has occurred; or
(b) rescind the department's order if the board finds that a violation has not occurred.
(4) An order issued by the department or the board may set a date by which the violation must cease and set a time limit for the violator to correct the violation.
(5) An action initiated by the department under this section may include an administrative penalty not to exceed $500 for each day of violation. Administrative penalties collected under this section must be deposited in the account provided for in [section 10].
(6) The contested case provisions of the Montana Administrative Procedure Act, provided for in Title 2, chapter 4, part 6, apply to a hearing under this section.
Section 9. Penalties and fines. (1) A person that disposes of septage in violation of [section 3] or of the standards adopted pursuant to [section 2] is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $500.
(2) A person that violates [sections 1 through 10] or a rule or order adopted pursuant to [sections 1 through 10] is subject to a civil penalty of not more than $500. Each day that violation of [sections 1 through 10], a rule of the department, or an order issued pursuant to [sections 1 through 10] occurs constitutes a separate violation. The department or the county attorney of the county in which the violation occurred may file an action to collect the penalty.
(3) Penalties collected by the department under this section must be deposited in the account provided for in [section 10]. Fines and penalties collected by a county must be deposited in the general fund of the county.
Section 10. Special revenue account. There is an account in the state special revenue fund. Money in the account must be used to fund administration and enforcement of [sections 1 through 9] and this section.
Section 11. Transfer of funds. Money in the account established in 37-41-205 on December 31, 1999, must be transferred to the account established in [section 10].
Section 12. Repealer. Sections 37-41-101, 37-41-103, 37-41-104, 37-41-105, 37-41-201, 37-41-202, 37-41-205, 37-41-211, and 37-41-212, MCA, are repealed.
Section 13. Codification instruction. [Sections 1 through 10] are intended to be codified as an integral part of Title 75, chapter 10, and the provisions of Title 75, chapter 10, apply to [sections 1 through 10].
Section 14. Effective dates. (1) [Sections 1, 2, 4, 5, 7, 10, 11, and 13 and this section] are effective on passage and approval.
(2) [Sections 3, 6, 8, 9, and 12] are effective January 1, 2000.
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Latest Version of SB 126 (SB0126.ENR)
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