Montana Code 75-10-1202. Department rulemaking authority
75-10-1202. Department rulemaking authority. Except as provided in subsection (4), the department shall adopt rules governing the licensure of a person engaged in the business of cleaning cesspools, septic tanks, and privies or disposing of septage. The rules must provide:
Terms Used In Montana Code 75-10-1202
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-1201
- Disposal: means the discharge, injection, deposit, dumping, spilling, leaking, or placing of septage into or onto the land or water. See Montana Code 75-10-1201
- Industrial wastewater: means wastewater generated in a commercial or industrial process. See Montana Code 75-10-1201
- Person: means an individual, firm, partnership, association, corporation, city, town, local government entity, or other government or private entity, whether organized for profit or not. See Montana Code 75-10-1201
- Septage: means liquid or solid material removed from a septic tank, cesspool, portable toilet, or similar treatment works that receives only domestic sewage. See Montana Code 75-10-1201
- Treatment works: means a publicly owned or privately owned device or system used to treat, including to recycle and to reclaim, either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature. See Montana Code 75-10-1201
(1)procedures for issuance, denial, renewal, and revocation of licenses;
(2)requirements that provide for the sanitary disposal of septage, including:
(a)application of septage to agricultural land, forest land, and reclamation sites;
(b)standards governing rates of application pursuant to subsection (2)(a);
(c)land application standards and restrictions, including:
(i)pathogen restrictions and treatment requirements;
(ii)vector attraction reduction requirements;
(iii)frequency of monitoring; and
(iv)recordkeeping requirements; and
(3)surface disposal standards, including:
(a)the vector attraction reduction requirements for septage placed on an active sewage sludge unit;
(b)the frequency of monitoring required when septage is placed on an active sewage sludge unit;
(c)the recordkeeping required when septage is placed on a surface disposal site; and
(d)requirements for the disposal of waste from:
(i)cesspools, septic tanks, portable toilets, and other similar treatment works that receive industrial wastewater or grease removed from grease traps; and
(ii)grease traps.
(4)The department may not adopt rules pertaining to the business operations of persons engaged in the business of cleaning cesspools, septic tanks, and privies or disposing of septage, including the fees charged for cleaning or leasing portable toilets.