Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.50 - SOLID WASTE MANAGEMENT
Subchapter 17.50.4 - License and Operation Fees
Rule 17.50.410 - ANNUAL OPERATING LICENSE REQUIRED
Current through Register Vol. 18, September 20, 2024
(1) Except as provided in 75-10-214, MCA, no person may dispose of solid waste or operate or maintain a solid waste management system after July 1, 1991, without an operating license from the department. The license period is July 1 through June 30.
(2) The department shall mail renewal application forms to licensees by February 1 of each year. Application for renewal of a solid waste management system license must be submitted to the department by April 1 of each year. Licensees who are required to apply for license renewal and to pay fees under this subchapter, and who fail to submit the appropriate fees within the specified time are subject to the provisions of 75-10-116, MCA.
(3) Upon payment of the transfer fee shown in Table 2, "License Transfer Fee," the department will issue a new operating license to a person acquiring rights of ownership, possession, or operation of a licensed solid waste management system. Any solid waste management facility that does not fit into one of the categories listed in Table 2 shall be assessed transfer fees no greater than major Class II landfill facilities. Department approvals on operating plans are not transferable prior to licensing.
(4) License fees will end when the department declares the facility "closed." The license fee will be prorated on a quarterly basis by the department for the year of closure.
(5) Except for prorated fees when the department declares a facility "closed," license fees are not refundable.
(6) The department shall license the following free of charge:
(7) Once a facility is in interim closure, the duty of its owner or operator to pay license fees is suspended. If the department determines, pursuant to ARM 17.50.1403(10), not to approve certification of closure, the owner or operator shall pay to the department the suspended fees. An owner or operator of a facility for which the department has determined not to approve certification of closure shall, after the owner or operator believes that closure has been completed in compliance with the closure plan, submit a new certification under ARM 17.50.1403(10). The facility is then again in interim closure, pending reinspection and approval of closure certification by the department.
TABLE 1. SOLID WASTE FEES
FACILITY |
ANNUAL LICENSE FEE |
DISPOSAL FEE/TON |
Major Class II facility |
$4,200 |
$0.40 |
Intermediate Class II facility |
$3,600 |
$0.40 |
Minor Class II facility |
$3,000 |
$0.40 |
Major Class III facility |
$1,200 |
$0.40 |
Minor Class III facility |
$ 600 |
$0.40 |
Major Class IV facility |
$1,200 |
$0.40 |
Minor Class IV facility |
$ 600 |
$0.40 |
Major incinerator |
$4,200 |
$0.40 |
Intermediate incinerator |
$3,600 |
$0.40 |
Minor incinerator |
$3,000 |
$0.40 |
Major landfarm facility |
$1,800 |
$0.40 |
Intermediate landfarm facility |
$1,200 |
$0.40 |
Minor landfarm facility |
$ 600 |
$0.40 |
One-time landfarm |
$ 0 |
$0.00 |
Transfer station (>=10,000 tons/yr) |
$1,260 |
$0.00 |
Transfer station (<10,000 tons/yr) |
$ 480 |
$0.00 |
Large composter operation |
$1,800 |
$0.00 |
Small composter operation |
$ 0 |
$0.00 |
TABLE 2. LICENSE TRANSFER FEE
FACILITY |
TRANSFER FEE |
Major Class II facility |
$600 |
Intermediate Class II facility |
$480 |
Minor Class II facility |
$360 |
Major Class III facility |
$240 |
Minor Class III facility |
$180 |
Major Class IV facility |
$240 |
Minor Class IV facility |
$180 |
Major incinerator |
$600 |
Intermediate incinerator |
$480 |
Minor incinerator |
$360 |
Major landfarm facility |
$600 |
Intermediate landfarm facility |
$480 |
Minor landfarm facility |
$360 |
One-time landfarm |
$ 0 |
Transfer station (>=10,000 tons/yr) |
$480 |
Transfer station (<10,000 tons/yr) |
$300 |
Large composter operation |
$480 |
Small composter operation |
$ 0 |
FACILITY |
REVIEW FEE |
Major Class II facility |
$12,000 |
Intermediate Class II facility |
$ 9,000 |
Minor Class II facility |
$ 6,000 |
Major Class III facility |
$ 3,600 |
Minor Class III facility |
$ 2,400 |
Major Class IV facility |
$ 3,600 |
Minor Class IV facility |
$ 2,400 |
Major incinerator |
$12,000 |
Intermediate incinerator |
$ 9,000 |
Minor incinerator |
$ 600 |
Major landfarm facility |
$ 3,600 |
Intermediate landfarm facility |
$ 2,400 |
Minor landfarm facility |
$ 1,200 |
One-time landfarm (>=800 cubic yds) |
$ 500 |
One-time landfarm (<800 cubic yds) |
$ 200 |
Transfer station (>=10,000 tons/yr) |
$ 8,400 |
Transfer station (<10,000 tons/yr) |
$ 4,800 |
Large composter operation |
$ 3,600 |
Small composter operation |
$ 0 |
AUTH: 75-10-104, 75-10-115, 75-10-204, 75-10-221, MCA; IMP: 75-10-115, 75-10-204, 75-10-221, MCA