75-10-405. Administrative rules. (1) The department may, subject to the provisions of 75-10-107, adopt, amend, or repeal rules governing hazardous waste and used oil, including but not limited to the following:
(a) identification and classification of those hazardous wastes subject to regulation and those that are not;
(b) requirements for the proper treatment, storage, transportation, and disposal of hazardous waste;
(c) requirements for siting, design, operation, maintenance, monitoring, inspection, closure, postclosure, and reclamation of hazardous waste management facilities;
(d) requirements for the issuance, denial, reissuance, modification, and revocation of permits for hazardous waste management facilities;
(e) requirements for corrective action within and outside facility boundaries and for financial assurance of that corrective action;
(f) requirements for manifests and the manifest system for tracking hazardous waste and for reporting and recordkeeping by generators, transporters, and owners and operators of hazardous waste management facilities;
(g) requirements for training of facility personnel, for financial assurance of facility owners and operators, and for liability of guarantors providing financial assurance;
(h) requirements for registration of generators and transporters;
(i) establishing a schedule of fees and procedures for the collection of fees for:
(i) the filing and review of hazardous waste management facility permits as provided in 75-10-432;
(ii) hazardous waste management as provided in 75-10-433;
(iii) the reissuance and modification of hazardous waste management facility permits; and
(iv) the registration of hazardous waste generators;
(j) a schedule of fees to defray a portion of the costs of establishing, operating, and maintaining any state hazardous waste management facility authorized by 75-10-412;
(k) requirements for availability to the public of information obtained by the department regarding facilities and sites used for the treatment, storage, and disposal of hazardous wastes;
(l) procedures for the assessment of administrative penalties as authorized by 75-10-424;
(m) identification and classification of used oil that is subject to regulation and used oil that is not subject to regulation;
(n) requirements for the proper management of used oil; and
(o) other rules that are necessary to obtain and maintain authorization under the federal program.
(2) Notwithstanding the provisions of 75-10-107, the department may not adopt rules under this part that are more restrictive than those promulgated by the federal government under the Resource Conservation and Recovery Act of 1976, as amended, except that the department:
(a) may require the registration of transporters not otherwise required to register with the state of Montana pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended;
(b) may require hazardous waste generators and hazardous waste management facilities to report on an annual rather than on a biennial basis;
(c) may adopt requirements for the prevention and correction of leakage from underground storage tanks, including:
(i) reporting by owners and operators;
(ii) financial responsibility;
(iii) release detection, prevention, and corrective action;
(iv) standards for design, construction, installation, and closure;
(v) development of a schedule of fees, not to exceed $50 for a tank over 1,100 gallons and not to exceed $20 for a tank 1,100 gallons or less, per tank, for tank notification and permits to defray state and local costs of implementing an underground storage tank program;
(vi) a penalty schedule and a system for assessment of administrative penalties, notice, and appeals under 75-10-423; and
(vii) delegation of authority and funds to local agents for inspections and implementation. The delegation of authority to local agents must complement and may not duplicate existing authority for implementation of rules adopted by the department of justice that relate to underground storage tanks.
(d) may adopt regulatory requirements for hazardous waste transfer facilities;
(e) shall require the owner or manager of any proposed commercial facility for the storage, collection, or transfer of hazardous waste to conduct a public hearing, as provided for in 75-10-441; and
(f) may adopt rules and performance standards for industrial furnaces and boilers that burn hazardous wastes. The rules and performance standards:
(i) may be adopted if there are no federal regulations; or
(ii) may be more restrictive than federal regulations.
History: En. Sec. 12, Ch. 358, L. 1981; amd. Sec. 1, Ch. 255, L. 1983; amd. Sec. 1, Ch. 107, L. 1985; amd. Sec. 1, Ch. 109, L. 1985; amd. Sec. 2, Ch. 633, L. 1985; amd. Sec. 1, Ch. 336, L. 1987; amd. Sec. 2, Ch. 340, L. 1987; amd. Sec. 2, Ch. 562, L. 1987; amd. Sec. 4, Ch. 384, L. 1989; amd. Sec. 1, Ch. 400, L. 1991; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 1, Ch. 281, L. 1993; amd. Sec. 1, Ch. 341, L. 1993; amd. Sec. 1, Ch. 509, L. 1993; amd. Sec. 3, Ch. 28, L. 1995; amd. Sec. 15, Ch. 471, L. 1995.
