17.50.1606    SITING STANDARDS FOR LANDFARM FACILITIES

(1) The owner or operator of a landfarm facility that is not a one-time landfarm facility shall meet the following siting requirements. Treatment cells must be located:

(a) more than 1,000 feet from domestic water wells;

(b) more than 500 feet from any residential property boundary;

(c) at least 150 feet from the high water mark of surface water, including an intermittent drainage and floodplain;

(d) with at least 25 feet of vertical separation between the base of the treatment zone and the seasonally high water level of the uppermost aquifer beneath the facility; and

(e) at least 200 feet (60 meters) from an unstable area, unless the owner or operator of a landfarm facility makes a written demonstration to the department that an alternative setback distance of less than 200 feet (60 meters) will prevent damage to the structural integrity of the treatment unit and will be protective of human health and the environment.

(2) The owner or operator of a landfarm facility that is not a one-time landfarm facility may not, without written approval by the department, construct a facility at a site where the depth to the uppermost aquifer's seasonally high water level is less than or equal to 25 feet.

(3) If the owner or operator is proposing to construct a landfarm facility that is not a one-time landfarm facility at a site where the depth to the uppermost aquifer's seasonally high water level is greater than 25 feet, but less than 50 feet, the owner or operator shall submit a ground water sampling and analysis plan that includes:

(a) design and location of the monitoring wells;

(b) sampling procedures;

(c) potential contaminants to be analyzed in the ground water samples; and

(d) any other information determined by the department to be necessary to protect human health or the environment.

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History: 75-10-204, MCA; IMP, 75-10-204, MCA; NEW, 2017 MAR p. 666, Eff. 3/11/17.