On February 12, 2010, the Montana Department of Environmental Quality (DEQ) adopted new rules that concern the operation of landfills and other solid waste management systems.  One of the new rules requires landfills that were accepting waste on February 11, 2010 to file a Deed Notation that would indicate through a title search that the property has been used for a landfill.  The notation must, in perpetuity, notify any potential purchaser of the land that its use is restricted by the Administrative Rules of Montana to activities that do not disturb the integrity of the landfill systems.  This document has been reviewed by legal staff and when executed by the Mayor would be filed with the County Clerk and Recorder.

The City Council may:

• Approve the Deed Notation; or
• Decline to approve the Deed Notation which would cause the landfill to be in violation of DEQ rules and regulations

If the Deed Notation is not filed the DEQ could assess penalties for being in violation of rules and regulations.

Staff recommends that the City Council approve and the Mayor execute the Deed Notation-Notice of Landfill Operations as presented and the document be filed with the County Clerk and Recorder.