Montana Code Annotated 2001

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     75-10-104. Duties of department. The department shall:
     (1) prepare a state solid waste management and resource recovery plan as required by 75-10-807 for submission to the board;
     (2) prepare rules necessary for the implementation of this part for submission to the board, including but not limited to rules:
     (a) governing the submission of plans for a solid waste management system;
     (b) governing procedures to be followed in applying for and making loans;
     (c) governing agreements between a local government and the department for grants or loans under this part;
     (d) establishing, for the purpose of determining the tonnage or volume-based solid waste management fee that a facility is subject to under 75-10-115(1)(c), methods for determining or estimating the amount of solid waste incinerated or disposed of at a facility;
     (e) establishing the license application fee that a facility is subject to under 75-10-115(1)(a);
     (f) establishing the flat annual license renewal fee that a facility is subject to under 75-10-115(1)(b);
     (g) establishing the tonnage or volume-based annual renewal fee that a facility is subject to under 75-10-115(1)(c);
     (h) providing procedures for the quarterly collection of the solid waste management fee provided for in 75-10-204(6); and
     (i) providing guidelines for integrated waste management;
     (3) provide financial assistance to local governments for front-end planning activities for a proposed solid waste management system that is compatible with the state plan whenever financial assistance is available;
     (4) provide technical assistance to persons within the state for planning, designing, constructing, financing, and operating:
     (a) a solid waste management system in order to ensure that the system conforms to the state plan;
     (b) integrated waste management programs; and
     (c) collection, disposal, reduction, and educational programs for household hazardous waste and conditionally exempt small quantities of hazardous waste as defined in ARM 16.44.402;
     (5) provide front-end organizational loans for the implementation of an approved solid waste management system whenever funds for loans are available;
     (6) enforce and administer the provisions of this part;
     (7) administer loans made by the state under the provisions of this part;
     (8) approve plans for a proposed solid waste management system submitted by a local government; and
     (9) serve as a clearinghouse for information on waste reduction and reuse, recycling technology and markets, composting, and household hazardous waste disposal, including chemical compatibility.

     History: En. 69-4014 by Sec. 4, Ch. 575, L. 1977; R.C.M. 1947, 69-4014(1); amd. Sec. 10, Ch. 696, L. 1989; amd. Sec. 8, Ch. 222, L. 1991; amd. Sec. 2, Ch. 398, L. 1991; amd. Sec. 3, Ch. 643, L. 1991; amd. Sec. 1, Ch. 145, L. 1993; amd. Sec. 2, Ch. 170, L. 2001.

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