38.3.130    MEANING AND EFFECT OF CLASS D LANDFILL CLOSURE PROVISION

(1) For purposes of this rule "landfill closure provision" means a provision within a Class D motor carrier authority which states "carrier is allowed to transport authorized commodities to certified landfills from the territory authorized," or a reasonable variation of that specific statement, and which has been inserted into a Class D authority on the commission's own motion or on request, and which has the purpose of preventing the underlying Class D authority from becoming meaningless in the event that, through closure or other restriction, a landfill within the territory authorized in the underlying Class D authority becomes unavailable to accept solid waste transported by the Class D carrier.

(2) A landfill closure provision does not negate or modify any origination point, termination point, or other point-specific terms, route-specific terms, or other specific terms and conditions of the underlying authority, such as "between" and "to-and-from" requirements, whether the terms are stated in the body of the Class D authority or in limitations attached to the Class D authority.   A landfill closure provision merely allows a transportation movement, otherwise authorized by the underlying Class D authority and executed in strict compliance with the underlying Class D authority, which would have been a lawful transportation movement to a certified landfill but for closure or restriction of that landfill, to extend to and terminate at any certified landfill.

(3) In Class D motor carrier authorities which include a required termination point the landfill closure provision allows continuation of the movement from the termination point to a certified landfill if the movement to the termination point is otherwise authorized by and executed in strict compliance with the underlying Class D authority and regardless of whether a landfill existed within the termination point at any time.

History: 69-12-201, MCA; IMP, 69-12-201, MCA; NEW, 1999 MAR p. 2455, Eff. 10/22/99; AMD, 2000 MAR p. 2047, Eff. 7/28/00.