75-10-209. Moratorium on certain interstate transport of solid waste. (1) The state of Montana recognizes the importance of providing for disposal or incineration of solid waste in a manner that protects Montana's public health, safety, welfare, and environment. Although the state of Montana also recognizes that, under appropriate conditions, the transportation of out-of-state solid waste into Montana may not conflict with this goal, it is imperative that the state further develop regional and statewide solid waste management goals, plans, and regulations and revise its rules governing landfill siting and operation criteria before allowing solid waste importation beyond current levels.
     (2) Except as provided in subsections (3) through (5), a person may not transport solid waste into Montana for disposal or incineration until October 1, 1993.
     (3) A person who transported solid waste into Montana before May 22, 1989, may continue to transport solid waste into Montana subject to the limitation that the amount that person transports into Montana during any calendar year of the moratorium does not significantly exceed the amount that person transported into Montana during calendar year 1988.
     (4) Notwithstanding the provisions of subsection (3), a person may transport into Montana solid waste generated in Idaho, North Dakota, South Dakota, or Wyoming for disposal in a solid waste management facility that receives 25,000 tons or less of solid waste annually.
     (5) A person may transport solid waste to a research and development facility in Montana that receives federal or state research funds in order to test and evaluate waste treatment remediation technologies.

     History: En. Sec. 7, Ch. 696, L. 1989; amd. Sec. 1, Ch. 649, L. 1991; amd. Sec. 1, Ch. 524, L. 1993.