17.50.416    CONSOLIDATION OF LICENSES; FEES FOR CONSOLIDATED LICENSES

(1) More than one solid waste management facility may be licensed as a part of the same solid waste management system, subject to the following limitations:

(a) No more than 1 landfill may be consolidated under 1 solid waste management system license;

(b) No more than 1 incinerator may be consolidated under 1 solid waste management system license;

(c) A landfill and an incinerator may not be consolidated under the same license;

(d) All solid waste management facilities consolidated under 1 solid waste management system license must manage the same or primarily the same solid waste stream;

(e) All solid waste management facilities consolidated under the same solid waste management system license must be owned or operated by the same person; and

(f) All solid waste management facilities consolidated under the same solid waste management system license must be included in the solid waste management system's approved plan of operation.

(2) The limitations provided in (1) (a) , (b) , and (c) above do not apply to facilities co-located at a single site or at contiguous sites.

(3) Except as otherwise provided in ARM 17.50.412(4) and in (4) below, solid waste management systems containing more than one solid waste management facility shall be subject to fees equal to the sum of the following:

(a) the applicable fees calculated in accordance with Tables 1, 2 and 3 of ARM 17.50.410 for the facility which the department, after consultation with the applicant or licensee, determines to be the major facility included under the license; and

(b) one-half of the applicable fees calculated in accordance with Tables 1, 2 and 3 of ARM 17.50.410 for all other facilities consolidated under the same license.

(4) The department may not assess the per ton disposal fee of Table 1, ARM 17.50.410, for the landfill disposal of incinerator residues where the incinerator facility and the landfill facility are both under a solid waste management system license held by a single person and the per ton fee is assessed for all of the solid wastes received for treatment by the incinerator facility.

History: 75-10-115, 75-10-204, 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.