Jorri Dyer

The document describes Montana's Integrated Solid Waste Management Plan (IWMP), mandated by the Integrated Waste Management Act of 1991. Prepared by the Montana Department of Environmental Quality (DEQ) and adopted by the Board of Environmental Review (BER), the plan aims to balance waste management and resource conservation. Its core priorities include source reduction, reuse, recycling, composting, landfilling, and incineration. The plan sets aggressive waste diversion targets, building on previous goals such as a 22% diversion rate by 2015. Future strategic efforts will focus on education, outreach, and fostering partnerships with state and local governments, universities, schools, businesses, and citizens to enhance solid waste recycling and diversion.

The board deferred consideration of a motion to intervene and a motion to dismiss regarding the Montana Renewables appeal. They approved draft findings of fact and conclusions of law concerning the Westmoreland Absaloka Mining LLC minor revision. Regarding the Valley Garden Land and Cattle LLC appeal, the board determined its subject matter jurisdiction, confirmed the petitioner's standing, admitted evidence, and granted the Department of Environmental Quality's motion for summary judgment on specific issues.

The board approved the 2026 Board Calendar and addressed several contested cases. Key actions included retaining jurisdiction in an appeal by Stillwater Mining Company, appointing a Hearing Examiner and retaining jurisdiction in a petition regarding Montana Renewables, and tabling an appeal by Westmoreland Absaloka Mining. Additionally, the board scheduled a special meeting for oral arguments regarding Valley Garden Land & Cattle, delegated the resolution of a motion to strike to the Chair for the Rosebud Mine case, and extended the stay for the Decker Coal Company request until the June meeting. The board also granted the Department's motion to dismiss the appeal by Westmoreland Absaloka Mining and discussed the Montana Administrative Procedure Act as it relates to the contested case process.

The work group discussed the implementation of Best Management Practices (BMPs) in accordance with HB736, including the addition of specific metrics and units to DEQ-13. The discussion covered the development of practice standards for credit/trade BMPs, the importance of robust assurances in permitting decisions, and the integration of nonpoint source review processes into the MPDES permit cycle. Additionally, the group addressed HUC12 boundary applications, offset quantification methods, verification processes for credit generation, and guidelines for funding eligibility.

The work group discussed proposed updates to Circular DEQ-13, focusing on load reduction guides, trading boundaries, and the integration of HB 736 provisions. Key topics included wetland monitoring for nutrient attenuation, the presentation of a process flow diagram for trade applications, and considerations for permit renewal and administrative continuations. The group also reviewed baseline definitions for point and nonpoint sources in watersheds with and without TMDLs, clarified offset ratios such as delivery and uncertainty ratios, and analyzed example credit scenarios for septic system removal and riparian fencing programs.