Montana Code Annotated 2021



Part 4. Hazardous Waste Management

Halogenated Solvents -- Sale Restricted -- Proof Of Registration Required -- Procedure

75-10-451. Halogenated solvents -- sale restricted -- proof of registration required -- procedure. (1) It is unlawful for any person to distribute, sell, or offer for sale within the state quantities of 20 gallons or more of halogenated solvent annually to a single purchaser for commercial or government use unless the purchaser possesses proof of registration with the department.

(2) It is unlawful for any person to annually use 20 gallons or more of a halogenated solvent for commercial purposes without registering with the department.

(3) Under this section, halogenated solvents include but are not limited to solvents containing tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, and other hazardous wastes referenced in 40 CFR 261.31, United States environmental protection agency hazardous waste numbers F001 and F002, as amended.

(4) To register with the department, a person or government unit shall file a statement indicating the following:

(a) the person's or government unit's name and business address;

(b) the estimated volume of halogenated solvent used annually for commercial or government purposes; and

(c) the method of waste disposal in accordance with requirements specified by department rules, including:

(i) treatment or disposal in an onsite facility;

(ii) delivery to an appropriate offsite storage, treatment, or disposal facility;

(iii) beneficial use or reuse; or

(iv) legitimate recycling or reclamation.

(5) Pursuant to the requirements of subsection (4), the department shall:

(a) notify affected persons and government units of the requirements;

(b) prepare and distribute forms for the statement;

(c) prepare and distribute information to assist persons and government units in selecting appropriate methods to use, dispose of, or reuse waste halogenated solvents; and

(d) register any person or government unit who files a completed statement.

(6) This section does not authorize the department to impose new or additional requirements for waste disposal on commercial or government users of halogenated solvents.

History: En. Sec. 1, Ch. 117, L. 1989.