17.50.410 ANNUAL OPERATING LICENSE REQUIRED
(1) Except as provided in 75-10-214, MCA, no person may dispose of solid waste or operate or maintain a solid waste management system after July 1, 1991, without an operating license from the department. The license period is July 1 through June 30.
(a) When an applicant for a license to operate a solid waste management system submits to the department the license application required by ARM 17.50.508, the department will determine the applicable fee specified in Table 3 and send an invoice to the applicant within seven working days after receipt of the application. The department shall begin processing the application upon receipt of the invoiced amount.
(b) A licensee shall file an annual report with the department by April 1 of each year. The report must be filed on a form provided by the department.
(c) The department shall mail invoices for license renewal fees to licensees by June 15 of each year. The department shall calculate and assess license renewal fees in accordance with Table 1, "Solid Waste Fees." A solid waste management facility that does not fit into one of the categories listed in Table 1 must be assessed fees no greater than major Class II landfill facilities. A licensee shall pay the assessed fee by July 31 of each year, but may submit the fees to the department quarterly, with the first payment due on or before July 31 of each year, and subsequent quarterly payments due on October 31, January 31, and April 30. Failure to submit payments when due subjects the licensee to the provisions of 75-10-116, MCA.
(d) The solid waste fee specified in Table 1 is prorated by quarter for the year in which a license is originally issued.
(2) The department shall mail renewal application forms to licensees by February 1 of each year. Application for renewal of a solid waste management system license must be submitted to the department by April 1 of each year. Licensees who are required to apply for license renewal and to pay fees under this subchapter, and who fail to submit the appropriate fees within the specified time are subject to the provisions of 75-10-116, MCA.
(3) Upon payment of the transfer fee shown in Table 2, "License Transfer Fee," the department will issue a new operating license to a person acquiring rights of ownership, possession, or operation of a licensed solid waste management system. Any solid waste management facility that does not fit into one of the categories listed in Table 2 shall be assessed transfer fees no greater than major Class II landfill facilities. Department approvals on operating plans are not transferable prior to licensing.
(4) License fees will end when the department declares the facility "closed." The license fee will be prorated on a quarterly basis by the department for the year of closure.
(5) Except for prorated fees when the department declares a facility "closed," license fees are not refundable.
(6) The department shall license the following free of charge:
(a) persons conducting one-time household hazardous waste collection events;
(b) small composter operations; and
(c) recycling facilities that accept waste from more than one source.
(7) Once a facility is in interim closure, the duty of its owner or operator to pay license fees is suspended. If the department determines, pursuant to ARM 17.50.1403(10), not to approve certification of closure, the owner or operator shall pay to the department the suspended fees. An owner or operator of a facility for which the department has determined not to approve certification of closure shall, after the owner or operator believes that closure has been completed in compliance with the closure plan, submit a new certification under ARM 17.50.1403(10). The facility is then again in interim closure, pending reinspection and approval of closure certification by the department.
TABLE 1. SOLID WASTE FEES
TABLE 2. LICENSE TRANSFER FEE
History: 75-10-106, 75-10-115, 75-10-204, 75-10-221, MCA; IMP, 75-10-115, 75-10-204, 75-10-221, MCA; 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, 2004 MAR p. 1949, Eff. 8/20/04; AMD, 2010 MAR p. 1799, Eff. 8/13/10.