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Montana Administrative Register Notice 17-284 No. 5   03/11/2010    
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BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.50.403, 17.50.410, 17.50.501 through 17.50.503, 17.50.508, 17.50.509, and 17.50.513; the adoption of New Rules I through LI; and the repeal of ARM 17.50.505, 17.50.506, 17.50.510, 17.50.511, 17.50.526, 17.50.530, 17.50.531, 17.50.542, 17.50.701, 17.50.702, 17.50.705 through 17.50.710, 17.50.715, 17.50.716, and 17.50.720 through 17.50.726 pertaining to the licensing and operation of solid waste landfill facilities

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CORRECTED NOTICE OF ADOPTION

 

(SOLID WASTE)

 

            TO:  All Concerned Persons

 

            1.  On February 26, 2009, the Department of Environmental Quality published MAR Notice No. 17-284 regarding a notice of public hearing on the proposed amendment, adoption, and repeal of the above-stated rules at page 164, 2009 Montana Administrative Register, issue number 4.  On August 13, 2009, the department published MAR Notice No. 17-284 regarding an amended notice of public hearing and extension of comment period on proposed amendment, adoption, and repeal at page 1326, 2009 Montana Administrative Register, issue number 15.  On February 11, 2010, the department published the notice of amendment, adoption, and repeal at page 317, 2010 Montana Administrative Register, issue number 3.  The rules were amended, adopted, and repealed as proposed, but with numerous changes.

 

            2.  This corrected notice of adoption is being published to correct an internal reference in New Rule XXXIV (ARM 17.50.1205(2)).  ARM 17.50.1204(4) was deleted in the Notice of Amendment, Adoption, and Repeal, but the internal reference in ARM 17.50.1205(2) was not amended to reflect that deletion.  That section should have been amended, in the Notice of Amendment, Adoption, and Repeal, as follows:

 

            NEW RULE XXXIV (17.50.1205)  ADDITIONAL DESIGN CRITERIA - CLASS II AND CLASS IV LANDFILL UNITS  (1) through (1)(b) remain as adopted.

            (2)  An owner or operator of a new Class II or Class IV landfill facility shall submit to the department for approval each landfill unit design plan, including any design specifications or applicable plans or documents developed pursuant to this chapter.  The design plan must demonstrate compliance with the standards of ARM 17.50.1204(1) and (4).

            (3) through (7) remain as adopted.

 

Reviewed by:                                     DEPARTMENT OF ENVIRONMENTAL

                                                                        QUALITY

 

 

 

/s/ David Rusoff                                    By:  /s/ Richard H. Opper                        

DAVID RUSOFF                                           RICHARD H. OPPER

Rule Reviewer                                               Director

 

            Certified to the Secretary of State, March 1, 2010.

 

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