Montana § 75-10-1202 - Department Rulemaking Authority

§ 75-10-1202. Department Rulemaking Authority

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: (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.