75-10-951. Megalandfill financial assurance -- release. (1) As a condition of a license to operate a megalandfill under 75-10-221, an applicant shall provide financial assurance sufficient to ensure the restoration or replacement of any natural resource damaged or impaired as a result of the construction, operation, or closure of the megalandfill. The department shall determine the amount of financial assurance that must be provided based on an assessment of the license application and the applicant's estimated cost of reclaiming, restoring, or replacing natural resources that may be damaged or impaired by the applicant's proposed operations.
     (2) The department shall adopt rules to specify the terms and conditions of financial assurance.
     (3) To satisfy the financial assurance requirement, the applicant shall file with the department a bond that is payable to the state of Montana with a surety satisfactory to the department, conditioned upon the faithful performance of the requirements of this section and the rules of the department.
     (4) The bond approved by the department may not be less than the estimated cost to the state to reclaim, restore, or replace damaged or impaired natural resources.
     (5) Every 2 years the department shall evaluate the amount of the bond provided for a licensed megalandfill. If the department determines that the amount of the bond does not represent the present cost of reclaiming, restoring, or replacing natural resources that may be damaged or impaired by the operation, the department may modify the terms and conditions of the bond.
     (6) The department may not release an operator from the financial assurance requirement and may not release the bond:
     (a) for a minimum of 30 years after the megalandfill has closed;
     (b) until the department determines that the natural resources associated with the megalandfill have been permanently reclaimed, restored, or replaced to the quantity and quality that prevailed prior to the commencement of the licensed operations and that the megalandfill presents no significant future threat to those natural resources; and
     (c) until a public hearing has been held. The department shall make all information that is relevant to the decision on whether to release an operator from the financial assurance requirement readily available to interested persons, and no less than 45 days prior to the public hearing the department shall:
     (i) publish notice of the hearing in newspapers of general statewide circulation and circulation in the county where the megalandfill is located; and
     (ii) take other appropriate measures to ensure broad distribution of the hearing notice.
     (7) A person may submit to the department information relevant to the department's decision to release an operator from all or any part of the financial assurance requirement for a period of 30 days after the date of the public hearing required under subsection (6).
     (8) A person may request the department to reconsider its decision to release an operator from all or any part of the financial assurance requirement based upon information the person submits to show that the licensee has not reclaimed, restored, or replaced the quantity or quality of natural resources that prevailed prior to the commencement of the licensed operations. The department's response to a request to reconsider its decision to release an operator from all or any part of the financial assurance requirement is the final agency decision.

     History: En. Sec. 2, Ch. 541, L. 1991.