Duties of department
The department shall:
(1) prepare, adopt, and implement a state solid waste management and resource recovery plan as required by 75-10-111 and 75-10-807;
(2) adopt rules necessary for the implementation of this part, including but not limited to rules:
(a) governing the submission of plans for a solid waste management system;
(b) (i) 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; and
(ii) governing the application fee, flat annual license renewal fee, and tonnage or volume-based renewal fee for solid waste management systems;
(c) establishing the license application fee that a facility is subject to under 75-10-115(1)(a);
(d) establishing the flat annual license renewal fee that a facility is subject to under 75-10-115(1)(b);
(e) establishing the tonnage or volume-based annual renewal fee that a facility is subject to under 75-10-115(1)(c); and
(f) providing procedures for the quarterly collection of the solid waste management fee provided for in 75-10-204(6);
(3) 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 small quantities of hazardous waste that are exempt from regulation under Title 75, chapter 10, part 4;
(4) enforce and administer the provisions of this part;
(5) approve plans for a proposed solid waste management system submitted by a local government; and
(6) serve as a clearinghouse for information on waste reduction and reuse, recycling technology and markets, composting, and household hazardous waste disposal, including chemical compatibility.
| EnactedEn. 69-4014 by SectionSec. 4, ChapterCh. 575, Laws ofL. 1977 |
| Revised Codes of MontanaR.C.M. 1947, 69-4014(1) |
| AmendedAmd. SectionSec. 10, ChapterCh. 696, Laws ofL. 1989 |
| AmendedAmd. SectionSec. 8, ChapterCh. 222, Laws ofL. 1991 |
| AmendedAmd. SectionSec. 2, ChapterCh. 398, Laws ofL. 1991 |
| AmendedAmd. SectionSec. 3, ChapterCh. 643, Laws ofL. 1991 |
| AmendedAmd. SectionSec. 1, ChapterCh. 145, Laws ofL. 1993 |
| AmendedAmd. SectionSec. 2, ChapterCh. 170, Laws ofL. 2001 (SB 161 - Hargrove, Don (R) SD 16) |
| AmendedAmd. SectionSec. 8, ChapterCh. 405, Laws ofL. 2003 (SB 146 - Anderson, Sherm (R) SD 28) |
| AmendedAmd. SectionSec. 1, ChapterCh. 54, Laws ofL. 2007 (HB 167 - Hands, Betsy (D) HD 99) |
| AmendedAmd. SectionSec. 64, ChapterCh. 324, Laws ofL. 2021 (SB 233 - Ankney, Duane (R) SD 20) |