1. (1) A person may not transport asbestos-containing waste generated at a facility unless accredited by the department as an asbestos worker or asbestos contractor/supervisor or escorted and supervised by a person who is accredited as an asbestos worker or asbestos contractor/supervisor.
2. (2) Prior to transporting or disposing of asbestos-containing waste from an asbestos project, a person shall possess a valid asbestos project permit from the department or apply for and obtain a Montana Transport and Disposal Permit pursuant to ARM 17.74.355.

3. (3) A person who transports or escorts a vehicle that contains asbestos-containing waste from an asbestos project shall:

   1. (a) maintain proof of accreditation and the asbestos project permit and make it available, upon request, to the department during asbestos-containing waste handling activities;

   2. (b) prior to waste pick up:

      1. (i) obtain assurance from the asbestos contractor/supervisor that the asbestos-containing waste is adequately wet;
      2. (ii) confirm the asbestos-containing waste is properly packaged in leak-tight containers, or wrappings, except as provided in 40 CFR 61.150(a)(3);
      3. (iii) confirm the contained or wrapped asbestos-containing waste is labeled with the name of the waste generator and the location at which the waste was generated;
      4. (iv) ensure that any vehicle used to transport asbestos-containing waste during the loading and unloading of the waste is marked with signs conforming to the requirements of 40 CFR Part 61, subpart M;
      5. (v) ensure that the waste shipment record form contains all information required by 40 CFR Part 61, subpart M, and record the asbestos project permit number on the form;
      6. (vi) either deposit asbestos-containing waste at a licensed Class II or Class IV landfill facility as soon as practical, or, if asbestos-containing waste is not disposed of as soon as practical, store any asbestos-containing waste in a secure holding facility or location accessible only to asbestos workers or asbestos contractor/supervisors accredited by the department; and
      7. (vii) retain responsibility for asbestos-containing waste until the waste is accepted by a licensed Class II or Class IV landfill; and
   3. (c) retain the waste shipment record for at least two years.

Authorizing statute(s): 75-2-503, MCA

Implementing statute(s): 75-2-503, MCA

History: NEW, 2011 MAR p. 2264, Eff. 10/28/11; AMD, 2024 MAR p. 723, Eff. 4/13/24.