(1) Except as provided for in 75-10-214, MCA, and in fee Tables 1, 2 and 3 of ARM 17.50.410, any person licensed to dispose of or incinerate solid waste shall submit to the department an annual fee of $0.40 per ton of solid waste incinerated or disposed of at the licensed facility during the previous calendar year.  This fee must be submitted to the department in addition to the flat annual license renewal fees and is subject to the schedule in Table 1 of ARM 17.50.410.

(2) The department shall calculate the fee by using one of the following methods:

(a) actual weight of waste managed as reported in the annual report required by ARM 17.50.410; or

(b) estimated weight based upon the volume of waste managed as reported in the annual report required by ARM 17.50.410.

(3) For the purpose of estimating weight based upon the volume of waste managed, the following formulas apply:

(a) one cubic yard of loose refuse (residential or commercial) equals 300 pounds; and

(b) one cubic yard of compacted refuse (packer truck) received at the facility equals 700 pounds.

(c) The average tire weighs 20 pounds.

(4) In addition to the tonnage-based fee specified in (1) , any person licensed to dispose of or incinerate solid waste shall submit to the department a quarterly fee of $0.27 per ton of solid waste generated outside Montana and disposed of or incinerated within Montana.  All facilities that accept wastes from outside Montana for the purpose of incineration or disposal must weigh the wastes accepted at that facility to accurately determine the volume accepted.

(5) Each facility receiving waste generated outside Montana must record the weights of all out-of-state waste received and such records must be placed in the operating record and must be reported to the department in the annual report specified in ARM 17.50.412.