Mont. Admin. r. 17.50.403

Current through Register Vol. 23, December 6, 2024

Rule 17.50.403 - DEFINITIONS

Unless the context requires otherwise, in this subchapter the following definitions apply:

(1) "Aerobic" means occurring in the presence of oxygen.

(2) "Barn waste" means the bedding, waste feed, manure and other animal excretions generated from the operation of a barn or feedlot.

(3) "Commercial waste" means waste generated from stores, offices, restaurants, food processing facilities, warehouses, and other non-manufacturing activities, and non-processing wastes such as office and packing waste generated at industrial facilities.

(4) "Composting" means the controlled biological decomposition of organic solid waste under aerobic conditions.

(5) "Contaminated soil" means soil, rocks, dirt, or earth that has been made impure by contact, commingling, or consolidation with organic compounds such as petroleum hydrocarbons. This definition does not include soils contaminated solely by inorganic metals, soils that meet the definition of hazardous waste under ARM Title 17, chapter 53, or regulated PCB (polychlorinated biphenyls) contaminated soils.

(6) "Custom exempt butcher operation" means a processor that only processes meat that is not sold and is only consumed by:

(a) the owner of the animal;

(b) the owner's immediate family; and

(c) non-paying guests.

(7) "Department" means the Department of Environmental Quality provided for in 2-15-3501, MCA.

(8) "Dispose" or "disposal" means the discharge, injection, deposit, dumping, spilling, leaking, or placing of any solid waste into or onto the land so that the solid waste or any constituent of it may enter the environment or be emitted into the air or discharged into any waters, including ground water.

(9) "Facility" means a manufacturing, processing, or assembly establishment; a transportation terminal, or a treatment, storage, or disposal unit operated by a person at one site. This definition does not include infectious waste incinerators or other facilities that:

(a) control the generation, transportation, treatment, storage, or disposal of infectious waste, as that term is defined in 75-10-1003(4), MCA;

(b) are owned by and operated as a part of a profession, occupation, or health care facility that generates infectious waste and that is licensed by a board or department of the state; and (c) do not control the treatment, storage, or disposal of non-infectious solid waste.

(10) "Farm waste" means waste from farms that is not household waste, hazardous waste, or barn waste. It includes, but is not limited to, cull potatoes and spoiled crops such as hay or grain.

(11) "Feedstock" means any decomposable material used in the manufacture of compost.

(12) "Floodplain" means the lowland and relatively flat areas adjoining inland waters, including flood-prone areas that are inundated by the 100-year flood, including an area designated as a "floodplain," "flood zone," or "special flood hazard area" by a state or federal agency.

(13) "Household hazardous waste" means products commonly used in the home that due to corrosivity, ignitability, reactivity, toxicity, or other chemical or physical properties are dangerous to human health or the environment. Household hazardous waste includes, but is not limited to, cleaning, home maintenance, automobile, personal care, and yard maintenance products.

(14) "Household waste" means any solid waste derived from households, including single and multiple residences, hotels and motels, crew quarters, campgrounds, and other public recreation and public land management facilities.

(15) "Infectious waste" has the meaning specified in 75-10-1003, MCA.

(16) "Interim closure" means the period of time from the department's receipt of the certification required in ARM 17.50.1403(10) until the department approves that certification.

(17) "Intermediate Class II facility" means a Class II facility with a planned capacity of more than 5,000 tons per year but not more than 25,000 tons per year.

(18) "Intermediate incinerator" means an incinerator facility with a planned capacity of more than 5,000 tons per year but not more than 25,000 tons per year.

(19) "Intermediate landfarm facility" means a landfarm facility that has more than 2,400 cubic yards but less than 8,000 cubic yards of contaminated soil, from single or multiple events, undergoing treatment and accepted for treatment at the facility at any time during a calendar year.

(20) "Landfarm facility" means a solid waste management system engaged in the controlled remediation through landfarm treatment technologies of non-hazardous contaminated soil that is not subject to regulation under the underground storage tank/leaking underground storage tank statutes and rules found in Title 75, chapter 11, MCA, and ARM Title 17, chapter 56.

(21) "Major Class II facility" means a Class II facility with a planned capacity of more than 25,000 tons per year.

(22) "Major Class III facility" means a Class III facility that disposes of 1,000 tons or more of material per year.

(23) "Major Class IV facility" means a Class IV facility with a planned capacity of 1,000 tons or more per year.

(24) "Major compost facility" means a composting facility that:

(a) meets any of the following criteria:

(i) has greater than two acres of active working area;

(ii) accepts 5,000 cubic yards or more of composting feedstock annually; or

(iii) produces 2,500 cubic yards more of finished compost annually or;

(b) accepts:

(i) sewage sludge, biosolid, or septage for composting; or

(ii) 200 tons or more of offal from custom exempt butcher operations.

(25) "Major incinerator" means an incinerator facility with a planned capacity of more than 25,000 tons per year.

(26) "Major landfarm facility" means a landfarm facility that has 8,000 cubic yards or more of contaminated soil, from single or multiple events, undergoing treatment and accepted for treatment at the facility at any time during a calendar year.

(27) "Minor Class II facility" means a Class II facility with a planned capacity of not more than 5,000 tons per year.

(28) "Minor Class III facility" means a Class III facility that disposes of less than 1,000 tons of material per year.

(29) "Minor Class IV facility" means a Class IV facility of less than 1,000 tons per year.

(30) "Minor compost facility" means a composting facility that does not meet the definition of a major compost facility and that:

(a) meets all of the following criteria:

(i) has two acres or less of active working area;

(ii) accepts less than 5,000 cubic yards of compost feedstock annually; and

(iii) produces less than 2,500 cubic yards of finished compost annually;

(b) does not accept sewage sludge, biosolids, or septage; or (c) accepts less than 200 tons of offal from custom exempt butcher operations.

(31) "Minor incinerator" means an incinerator facility with a planned capacity of not more than 5,000 tons per year.

(32) "Minor landfarm facility" means a landfarm facility that has up to 2,400 cubic yards of contaminated soil from single or multiple events either undergoing treatment or accepted for treatment at the facility.

(33) "MSW composting" means municipal solid waste composting and is the controlled degradation of municipal solid waste. This includes the composting of municipal solid waste after some form of preprocessing to remove non-compostable inorganic materials.

(34) "Municipal solid waste landfill" means any publicly or privately owned landfill or landfill unit that receives household waste or other types of waste, including commercial waste, non-hazardous sludge, and industrial solid waste. The term does not include land application units, surface impoundments, injection wells, or waste piles.

(35) "One-time household hazardous waste collection event" means a collection of household hazardous waste from the public with a frequency no greater than annually at any given location.

(36) "One-time landfarm" means a landfarm facility for the remediation of less than 2,400 cubic yards of non-hazardous contaminated soil generated from a single source that will not be used to treat contaminated soil from multiple sources on an on-going basis.

(37) "Person" means an individual, firm, partnership, company, association, corporation, city, town, local governmental entity, or any other governmental or private entity, whether organized for profit or not.

(38) "Post-consumer recycling" means the reuse of materials generated from residential and commercial waste, excluding recycling of material from industrial processes that has not reached the consumer, such as glass broken in the manufacturing process.

(39) "Recyclables" are materials that still have useful physical or chemical properties after serving their original purpose and that can, therefore, be reused or remanufactured into additional products.

(40) "Recycling" means the process by which materials otherwise destined for disposal are collected, reprocessed or remanufactured, and reused.

(41) "Recycling facility" means a facility, generally open to the public, that handles only source-separated or presorted material for the purpose of recycling either in bulk or in container(s) with a total site capacity of more than 40 cubic yards.

(42) "Remediate" means to treat contaminated soil to the point that it no longer poses a threat to human health or the environment.

(43) "Residue" is the materials remaining after processing, incineration, composting, or recycling have been completed. Residues are usually disposed of in sanitary landfills.

(44) "Resource recovery" means the recovery of material or energy from solid waste.

(45) "Resource recovery facility" means a facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse.

(46) "Resource recovery system" means a solid waste management system which provides for the collection, separation, recycling, or recovery of solid wastes, including disposal of nonrecoverable waste residues.

(47) "Reuse" is the use of a product more than once in its same form for the same purpose; e.g., a soft drink bottle is reused when it is returned to the bottling company for refilling.

(48) "Sewage sludge" or "septage" has the meaning specified in ARM 17.50.802.

(49) "Solid waste" means all putrescible and nonputrescible wastes including, but not limited to, garbage; rubbish; refuse; ashes; sludge from sewage treatment plants, water supply treatment plants, or air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials. "Solid waste" does not mean municipal sewage, industrial wastewater effluents, mining wastes regulated under the mining and reclamation laws administered by the department, slash and forest debris regulated under laws administered by the department, or marketable byproducts.

(50) "Solid waste management system" means a system which controls the storage, treatment, recycling, recovery, or disposal of solid waste. Such a system may be composed of one or more solid waste management facilities. This term does not include hazardous waste management systems.

(51) "Source" means the facility or origin of release that created contaminated soil.

(52) "Source reduction" is the design, manufacture, acquisition, and reuse of materials so as to minimize the quantity and/or toxicity of waste produced. Source reduction prevents waste either by redesigning products or by otherwise changing societal patterns of consumption, use, and waste generation.

(53) "Source separation" is the segregation of specific materials at the point of generation for separate collection. Residences source separate recyclables as part of a curbside recycling program.

(54) "Substantial change" means any change in the operation, ownership, or siting of a facility in which review by the department takes more than 24 hours.

(55) "Storage" means the actual or intended containment of wastes, either on a temporary basis or for a period of years.

(56) "Transfer station" means a solid waste management facility that can have a combination of structures, machinery, or devices, where solid waste is taken from collection vehicles (public, commercial, or private) and placed in other transportation units for movement to another solid waste management facility.

(57) "Transport" means the movement of wastes from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal.

(58) "Treatment" means a method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any solid waste so as to neutralize the waste or so as to render it safer for transport, amenable for recovery, amenable for storage, or reduced in volume.

(59) "Waste generation" means the act or process of producing waste materials.

(60) "Yard waste" means leaves, grass clippings, prunings, and other natural organic matter discarded from yards, gardens, parks, etc.

Mont. Admin. r. 17.50.403

NEW, 1992 MAR p. 1377, Eff. 6/26/92; TRANS, from DHES, 1995 MAR p. 2253; AMD, 2003 MAR p. 2857, Eff. 12/25/03; AMD, 2010 MAR p. 1799, Eff. 8/13/10; AMD, 2017 MAR p. 285, Eff. 3/11/2017; AMD, 2024 MAR p. 253, Eff. 2/10/2024

AUTH: 75-10-104, 75-10-115, 75-10-204, 75-10-221, MCA; IMP: 75-10-115, 75-10-221, MCA