75-10-920. Environmental, social, and economic factors evaluated during certification. In evaluating applications for a certificate of site acceptability, the department shall give consideration to the following list of factors and regulations, where applicable, and may by rule add to the factors enumerated in this section:
     (1) siting criteria for municipal solid waste landfills consistent with federal requirements as described in 40 CFR part 258;
     (2) siting criteria described under the Montana Solid Waste Management Act, Title 75, chapter 10, part 2, and rules adopted under that part;
     (3) the Montana solid waste management plan;
     (4) solid waste disposal needs, including:
     (a) availability and desirability of alternative methods of solid waste disposal in lieu of the proposed facility;
     (b) promotional activities of the applicant that may have given rise to the need for the facility;
     (c) social changes resulting from the facility, including protection of public health and environmental quality; and
     (d) integrated waste management activities that could reduce the need for additional solid waste disposal capacity;
     (5) land use impacts, including:
     (a) the area of land required and its ultimate use;
     (b) consistency with state and regional solid waste plans;
     (c) consistency with existing and projected nearby land use;
     (d) alternative uses of the site;
     (e) the impact on the population already in the area and the population attracted by construction or operation of the facility;
     (f) the impact of availability of solid waste disposal at the facility on growth patterns and population dispersal;
     (g) construction materials and practices, including quality control and quality assurance plans to be followed during construction of all phases of the proposed facility;
     (h) scenic impacts;
     (i) the effects on natural systems, wildlife, and plant life;
     (j) the impacts on important historic, architectural, archaeological, and cultural areas and features;
     (k) the impacts on public facilities and accommodations;
     (l) opportunities for joint use with solid waste disposal-intensive industries; and
     (m) the economic impact on the local area, local government infrastructure, and existing industry;
     (6) water resources impacts, including:
     (a) hydrologic studies of the adequacy of water supply and the impact of the facility on streamflow, lakes, and reservoirs;
     (b) hydrologic studies of the impact of the facility on ground water, including vadose zone studies describing the potential for leachate to migrate from the facility to ground water;
     (c) an inventory of effluents, including physical, chemical, and biological characteristics;
     (d) hydrologic studies of effects of effluents on receiving waters;
     (e) the effect of the facility on water quality;
     (f) the facility's projected water uses;
     (g) the effects on plant and animal life, including algae, macroinvertebrates, and fish population;
     (h) effects on unique or otherwise significant ecosystems, such as wetlands; and
     (i) ground water, vadose zone, and methane gas monitoring systems and programs;
     (7) characteristics of solid wastes that will be disposed of at the facility, including:
     (a) the rate of solid waste disposal;
     (b) the solid waste handling practices proposed to be used;
     (c) the present and expected future physical and chemical characteristics of the solid waste; and
     (d) inspection practices for preventing the illegal dumping of hazardous waste into the facility;
     (8) transportation practices, including:
     (a) route and mode of transporting waste;
     (b) environmental, social, and economic impacts of transportation facilities; and
     (c) transfer facilities.

     History: En. Sec. 15, Ch. 468, L. 1991.