17.8.515 AIR QUALITY OPEN BURNING FEES FOR CONDITIONAL, EMERGENCY, CHRISTMAS TREE WASTE, COMMERCIAL FILM PRODUCTION, AND FIREFIGHTER TRAINING OPEN BURNING PERMITS
(1) Concurrent with submittal of an air quality open burning permit application, as required in ARM 17.8.611, 17.8.612, 17.8.613, 17.8.614, or 17.8.615, the applicant shall submit an air quality open burning fee.
(2) Air quality open burning fees are separate and distinct from any other air quality fee required to be submitted to the department pursuant to this subchapter.
(3) An air quality open burning permit application is incomplete until the proper air quality open burning fee is paid to the department, except as provided in (4) (c) . If the department determines that the fee submitted with the application is insufficient, it shall notify the applicant in writing of the appropriate fee which must be paid before the open burning permit application can be processed. If the fee assessment is appealed to the board pursuant to ARM 17.8.511, and if the fee deficiency is not corrected by the applicant, the permit application is incomplete until issuance of the board's decision or until any judicial review of the board's decision has been completed, whichever is later. Upon final disposition of an appeal, any portion of the fee due to either the department or the applicant as a result of the decision is due within 30 days after issuance of the board's decision or within 30 days after issuance of the final decision in any judicial review of the board's decision.
(4) The air quality open burning permit application fees are:
(a) $100 for an emergency open burning permit under ARM 17.8.611. A fee for an emergency open burning permit application need not be submitted with the initial oral request to the department, but must be submitted with the subsequent written application required under ARM 17.8.611. Submittal of the fee is a condition of any authorization given by the department under ARM 17.8.611, and the failure to submit the fee is considered a violation of such authorization and may be subject to enforcement action;
(b) $100 for a wood and wood byproduct trade waste open burning permit under ARM 17.8.612;
(c) $100 for an untreated wood-waste open burning permit at a licensed landfill site under ARM 17.8.612. The required fee for this activity is included in the solid waste management system licensing fee, submitted pursuant to ARM Title 17, chapter 50, subchapter 4. Therefore, the applicant is not required to submit a fee with the untreated wood-waste open burning permit application;
(d) $100 for a Christmas tree waste open burning permit under ARM 17.8.613;
(e) $100 for a commercial film production open burning permit under ARM 17.8.614; and
(f) $25 for a firefighter training open burning permit under ARM 17.8.615. As a condition of a firefighter training open burning permit, the department may require submission of an annual fee to maintain the permit.
History: 75-2-111, 75-2-211, 75-2-220, MCA; IMP, 75-2-211, 75-2-220, MCA; NEW, 1992 MAR p. 2743, Eff. 10/16/92; AMD, 1994 MAR p. 2830, Eff. 10/28/94; TRANS, from DHES, 1996 MAR p. 2285; AMD, 2003 MAR p. 2271, Eff. 10/17/03.