Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.50 - SOLID WASTE MANAGEMENT
Subchapter 17.50.10 - Landfill Location
Rule 17.50.1005 - WETLANDS
Universal Citation: MT Admin Rules 17.50.1005
Current through Register Vol. 18, September 20, 2024
(1) A new Class II or Class IV landfill unit, or a lateral expansion of an existing Class II or Class IV landfill unit, may not be located in wetlands, unless the owner or operator submits to the department for approval the following demonstrations:
(a) when
applicable under 33 USC
1344 (Section 404 of the Federal Clean Water Act,
as amended) or applicable Montana wetlands laws, clear rebuttal of the presumption
that a practicable alternative to the proposed landfill is available that does not
involve wetlands;
(b) the construction
and operation of a Class II or Class IV landfill unit will not:
(i) cause or contribute to violations of any
applicable Montana water quality standard;
(ii) violate any applicable toxic effluent
standard or prohibition under 33
USC 1317 (Section 307 of the Federal Clean Water
Act, as amended);
(iii) jeopardize the
continued existence of endangered or threatened species or result in the destruction
or adverse modification of a critical habitat, protected under
16 USC
1531 through
1544 (the Endangered Species Act of
1973, as amended); or
(iv) violate any
requirement under 33 USC
1401 through 1447 (f) (the Marine Protection,
Research, and Sanctuaries Act of 1972, as amended) for the protection of a marine
sanctuary;
(c) the Class II
or Class IV landfill unit will not cause or contribute to significant degradation of
wetlands. The owner or operator shall demonstrate the integrity of the Class II or
Class IV landfill unit and its ability to protect ecological resources, by
addressing the following factors:
(i) erosion,
stability, and migration potential of native wetland soils, muds, and deposits used
to support the Class II or Class IV landfill unit;
(ii) erosion, stability, and migration potential
of dredged and fill materials used to support the Class II or Class IV landfill
unit;
(iii) the volume and chemical
nature of the waste managed in the Class II or Class IV landfill unit;
(iv) impacts on fish, wildlife, and other aquatic
resources and their habitat from release of the solid waste;
(v) the potential effects of catastrophic release
of waste to the wetland and the resulting impacts on the environment; and
(vi) any additional factors, as necessary, to
demonstrate that ecological resources in the wetland are sufficiently
protected;
(d) to the extent
required under 33 USC
1344 (Section 404 of the Federal Clean Water Act,
as amended) or applicable Montana wetlands laws, steps have been taken to attempt to
achieve no net loss of wetlands, as defined by acreage and function, by first
avoiding impacts to wetlands to the maximum extent practicable as required by
(1)(a), then minimizing unavoidable impacts to the maximum extent practicable, and
finally offsetting remaining unavoidable wetland impacts through all appropriate and
practicable compensatory mitigation actions, e.g., restoration of existing degraded
wetlands or creation of artificial wetlands; and
(e) sufficient information is available to make a
reasonable determination with respect to these demonstrations.
75-10-204, MCA; IMP, 75-10-204, MCA;
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