17.50.1113    DEED NOTATION

(1) The following requirements concerning deed notations apply to a solid waste landfill facility:

(a) Before the initial receipt of waste at the facility or, if the facility is licensed and accepting waste on February 12, 2010, by April 13, 2010, the owner of the land where a facility is located shall submit for department approval a notation to the deed to that land, or to some other instrument that is normally examined during title search. The notation must be submitted to the department on a form provided by the department and, if the notation covers less than all of the land in the deed, must be accompanied by a certified exhibit of the waste boundary that references the certificate of survey for the tract that encloses the facility. If the notation covers all of the land in the deed, then the notation must reference the certificate of survey for that land. The notation must, in perpetuity, notify any potential purchaser of the land that:

(i) the land has been used as a solid waste management system; and

(ii) its use is restricted under ARM 17.50.1404(3)(c).

(b) If the department approves the notation and exhibit, it shall notify the owner by mail.

(c) Within ten days after the department mails the approval to the owner, the owner shall record that notation with the county clerk and recorder in the county where the property is located and place a copy of the recorded notation and the exhibit in the facility operating record.

(d) The land use restrictions in (1)(a)(ii) apply during the post-closure care period and in perpetuity thereafter and are binding on all successors and assigns.

(e) The owner of the land where a solid waste management system is located may modify the waste disposal perimeter identified in the exhibit accompanying the notation only by following the process in (1)(a) through (c).

(2) For the purpose of this rule, "waste boundary" means the perimeter of the area approved by the department for disposal of solid waste that is located within the licensed boundary of a solid waste landfill facility.

History: 75-10-204, MCA; IMP, 75-10-204, MCA; NEW, 2010 MAR p. 317, Eff. 2/12/10.