75-10-104. Duties of department. The department shall:

Terms Used In Montana Code 75-10-104

  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(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.