Current through Register Vol. 18, September 20, 2024
(1) Except
as provided in 75-10-1210, MCA, a person may not
engage in the business of cleaning cesspools, septic tanks, portable toilets,
privies, grease traps, car wash sumps, or similar treatment works, or disposal of
septage and other wastes from these devices, unless licensed by the department. A
person wishing to engage in any of these businesses shall submit an application for
a license to the department on a form provided by the department. A person wishing
to renew a license shall do so on the form provided by the department. The following
information, if applicable, must be provided:
(a)
the full legal name of the licensee or applicant, the organization name or assumed
business name, as filed or registered with the secretary of state, the federal tax
identification number, and physical business address of the applicant;
(b) the mailing address of the applicant, if
different from the physical address;
(c)
a list of all counties in which business is to be conducted;
(d) a list of all disposal sites, not exempted
under 75-10-1210(2), MCA,
that the applicant proposes to use;
(e)
the estimated volume of septage and other wastes to be disposed of at each disposal
site annually;
(f) the amount and kinds
of pumpings applied to each site in the previous calendar year;
(g) the location of the records required in ARM
17.50.813; and
(h) a certification by the local health officer or
the local health officer's designated representative in the county where the
business is located that:
(i) each vehicle used
for surface application of septage is equipped with spreading equipment that
complies with ARM
17.50.811; and
(ii) if, pursuant to ARM 17.50.811, the department
has required the licensee or applicant to screen septage before applying it to land,
that the licensee or applicant has screening equipment or a device that complies
with ARM 17.50.811.
(2) Before a licensee places a new vehicle in
service, the licensee shall have the vehicle inspected by the local health officer
or the local health officer's designated representative, either in person or, if the
vehicle is readily identifiable in a photograph, by submission of a photograph. The
licensee shall provide the department with the certification required in (1)
(h).
(3) Only one certification required
in (1) must be submitted to the department during the service life of a vehicle,
screening equipment, or device.
(4) To
obtain the certification of screening equipment or a device that is at a fixed
location, a licensee may either:
(a) request the
local health officer or designated representative, or the department, to inspect it
at the fixed location; or
(b) if the
location is readily identifiable in a photograph, submit a photograph of the
equipment or device to the local health officer or designated
representative.
(5) For each
disposal site proposed for use by the applicant or licensee that must be listed
under the requirements of
75-10-1212(2) (d),
MCA, including land application sites, wastewater treatment facilities, and solid
waste management systems, and that is not exempt under
75-10-1210(2), MCA,
the applicant or licensee shall submit the following information, if applicable, on
a form approved by the department:
(a) the full
legal name of the owner of the property, the organization name or assumed business
name, as filed or registered with the secretary of state, and federal tax
identification number, if available;
(b)
the street address or directions to the site;
(c) the location of the property by township,
range, section, and quarter section(s) or the latitude and longitude of the property
in degrees, minutes and seconds;
(d) the
type of vegetation on the land application area (i.e., fallow land, pasture, range,
forest) and the nitrogen requirements for the vegetation;
(e) the estimated depth to seasonally high ground
water at the land application site, and the basis for the estimates;
(f) a statement of the general soil type (example:
clay, gravel, sandy loam) at each land application site;
(g) the approximate slope of the application
area;
(h) the distance to surface water
and ephemeral or intermittent drainages;
(i) the acreage available for land
application;
(j) the volume of material
to be placed annually on the site;
(k)
the present uses of lands adjacent to each land application site;
(l) the zoning classification, if any, for each
land application site and the allowed uses for the classification;
(m) a proposed disposal operation and maintenance
plan for each land application site including provisions for access control, if
necessary, and the types and sources of wastes to be managed on the site. The
operation and maintenance plan must include a description of the vector attraction
reduction and pathogen reduction methods proposed for use on the site and a listing
of equipment available for managing each type of waste. At the request of the local
health officer or designated representative of the county where a land application
site is located, the department shall mail a copy of the operation and maintenance
plan to that person;
(n) certification
by a local health officer or the local health officer's designated representative
that the proposed land application site meets all applicable state and local
requirements;
(o) the signature of the
land owner, facility operator, or designated representative of the owner or
operator, granting permission to use the site for land application, disposal, or
treatment;
(p) a sketch or map showing
the area available for land application after setback requirements are met, and the
distance from the area to neighboring houses; and
(q) for land application sites, a certification by
the landowner, facility manager, or authorized representative of the landowner, that
the person making the certification is aware that:
(i) the use of the site or crops from the site may
be restricted under the requirements of ARM 17.50.811;
(ii) the land application rate is limited by the
rate at which septage may be land-applied as specified in ARM
17.50.809(12) and
17.50.816(6);
(iii) the operational practices for pathogen and
vector attraction reduction in ARM
17.50.811 must be followed;
and
(iv) the department, local health
officer, or the local health officer's designated representative may inspect, and
the landowner is required to allow inspection of, the land application site as
provided in ARM
17.50.812.
(6) During the term of a license, the
licensee may, after fulfilling the requirements of (5), add new disposal sites to
the service area with the written approval of the department.
(7) An applicant shall pay the license or renewal
fee required under
75-10-1212, MCA, to the department at
the time the applicant submits the license or renewal application to the department.
A license may not be issued or renewed prior to payment of the appropriate
fee.
(8) The department shall mail to
each license holder an annual renewal form by November 15 of each calendar year. The
renewal form must provide for the submission of information required in
(1).
(9) The department shall mail to
each county health officer or designated representative by February 15 of each
calendar year a list of license holders operating in that county who have renewed
their licenses by January 31 of that year. The list must include the renewed and
added disposal locations for each license holder operating in the county.
(10) The department shall, within five days after
receiving a renewal form and applicable fees, notify the county health officer or
designated representative of license holders who renew their licenses after January
31 of the year after the license expires.
(11) A person who renews a license after April 1
of the year after the license expires shall pay the late fee required under
75-10-1212, MCA.
(12) A person may not renew a license after
December 31 of the year after the license expires. A person desiring to operate a
business, or dispose of wastes, regulated under this subchapter after December 31 of
the year after the license expires shall submit a new application, along with the
application fee, to the department.
(13)
A person who operates a business, or disposes of wastes, regulated under this
subchapter after the person's license has expired and prior to renewing the person's
license and paying the required fees is subject to the enforcement provisions of
75-10-1220,
75-10-1221,
75-10-1222, and
75-10-1223, MCA.
75-10-1202, MCA; IMP,
75-10-1202,
75-10-1211,
75-10-1212,
MCA;
