75-10-451. Halogenated solvents — sale restricted — proof of registration required — procedure. (1) It is unlawful for any person to distribute, sell, or offer for sale within the state quantities of 20 gallons or more of halogenated solvent annually to a single purchaser for commercial or government use unless the purchaser possesses proof of registration with the department.

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Terms Used In Montana Code 75-10-451

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)It is unlawful for any person to annually use 20 gallons or more of a halogenated solvent for commercial purposes without registering with the department.

(3)Under this section, halogenated solvents include but are not limited to solvents containing tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, and other hazardous wastes referenced in 40 C.F.R. § 261.31, United States environmental protection agency hazardous waste numbers F001 and F002, as amended.

(4)To register with the department, a person or government unit shall file a statement indicating the following:

(a)the person’s or government unit’s name and business address;

(b)the estimated volume of halogenated solvent used annually for commercial or government purposes; and

(c)the method of waste disposal in accordance with requirements specified by department rules, including:

(i)treatment or disposal in an onsite facility;

(ii)delivery to an appropriate offsite storage, treatment, or disposal facility;

(iii)beneficial use or reuse; or

(iv)legitimate recycling or reclamation.

(5)Pursuant to the requirements of subsection (4), the department shall:

(a)notify affected persons and government units of the requirements;

(b)prepare and distribute forms for the statement;

(c)prepare and distribute information to assist persons and government units in selecting appropriate methods to use, dispose of, or reuse waste halogenated solvents; and

(d)register any person or government unit who files a completed statement.

(6)This section does not authorize the department to impose new or additional requirements for waste disposal on commercial or government users of halogenated solvents.