Montana Administrative Code

17.54.902 MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION OF PERMITS IS REPEALED Authorizing statute(s): 75-10-404, 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; AMD, 1991 MAR p. 2035, Eff. 11/1/91; TRANS, …

17.54.903 DRAFT PERMITS IS REPEALED Authorizing statute(s): 75-10-404, 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.

17.54.905 FACT SHEET IS REPEALED Authorizing statute(s): 75-10-404, 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.

17.54.907 PUBLIC NOTICE OF PERMIT ACTIONS AND PUBLIC COMMENT PERIOD IS REPEALED Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; AMD, 1993 MAR p. 555, Eff. 4/16/93; AMD, 1995 MAR p. 1042, Eff. …

17.54.908 PUBLIC COMMENTS AND REQUESTS FOR PUBLIC HEARINGS IS REPEALED Authorizing statute(s): 75-10-404, 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff.…

17.54.909 PUBLIC HEARINGS IS REPEALED Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; AMD, 1993 MAR p. 555, Eff. 4/16/93; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01…

17.54.910 OBLIGATION TO RAISE ISSUES AND PROVIDE INFORMATION DURING THE PUBLIC COMMENT PERIOD IS REPEALED Authorizing statute(s): 75-10-404, 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; TRANS, from DHES, 1995 MAR …

17.54.911 REOPENING OF THE PUBLIC COMMENT PERIOD IS REPEALED Authorizing statute(s): 75-10-404, 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.…

17.54.912 RESPONSE TO COMMENTS IS REPEALED Authorizing statute(s): 75-10-404, 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.

17.54.915 ISSUANCE AND EFFECTIVE DATE OF PERMITS IS REPEALED Authorizing statute(s): 75-10-404, 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; AMD, 1991 MAR p. 2035, Eff. 11/1/91; AMD, 1992 MAR p. 2164, Eff. 9/25/92…

17.55.101 PURPOSE (REPEALED) Authorizing statute(s): 75-10-702, 75-10-704, MCA Implementing statute(s): 75-10-702, 75-10-704, MCA History: NEW, 1999 MAR p. 837, Eff. 4/23/99; REP, 2010 MAR p. 2346, Eff. 10/15/10.

17.55.102 DEFINITIONS In this subchapter the following terms have the meanings indicated below and are supplemental to the definitions in 75-10-701, MCA: (1) "Beneficial use" means a use of water designated under the appropriate classification in ARM 17.30.621 through 17.30.629 a…

17.55.105 CECRA PRIORITY LIST (1) The department shall maintain and update, on a semi-annual basis, the CECRA priority list. The CECRA priority list must include all facilities that are listed pursuant to ARM 17.55.108 and those facilities listed as of April 23, 1999. The CECRA p…

17.55.108 FACILITY LISTING (1) The department may list a facility on the CECRA priority list if the department determines there is a confirmed release or substantial threat of a release of a hazardous or deleterious substance that may pose an imminent and substantial threat to pu…

17.55.109 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference: (a) Department Circular DEQ-7, "Montana Numeric Water Quality Standards" (September 2026 edition); (b) Drinking Water Maximum Contaminant Levels, pub…

17.55.110 THIRD-PARTY REMEDIAL ACTIONS AT ORDER SITES (REPEALED) (REPEALED) Authorizing statute(s): 75-10-702, 75-10-704, MCA Implementing statute(s): 75-10-702, 75-10-704, 75-10-706, MCA History: NEW, 2010 MAR p. 2346, Eff. 10/15/10; REP, 2024 MAR p. 471, Eff. 3/9/24.

17.55.111 FACILITY RANKING (1) The department shall rank each listed facility that is determined by the department to require remedial action and the ranking decision will be made in writing. (2) A maximum priority designation must be given to a facility that exhibits one or more…

17.55.112 PROPER AND EXPEDITIOUS NOTICE (1) The department shall, as resources allow and considering the facility ranking, address facilities on the priority list required by ARM 17.55.108 in the manner provided in this rule. At a facility for which no administrative or judicial …

17.55.113 FACILITY-SPECIFIC CLEANUP LEVELS AND ADDITIONAL REMEDIAL ACTIONS (1) To protect public health, safety, and welfare, the department shall allow calculation of cleanup levels specific to each facility. The cleanup levels must be based on exposure assumptions and risk leve…

17.55.114 DELISTING A FACILITY ON THE CECRA PRIORITY LIST (1) Except as provided in (3) , the department shall delist a facility from the CECRA priority list if: (a) the department determines that all requirements of CECRA have been fully met, including the requirement that condi…

17.55.115 ORPHAN SHARE REIMBURSEMENT (1) For a facility with an approved stipulated agreement under 75-10-750, MCA, the lead liable person under 75-10-746, MCA, may submit a claim to the department for reimbursement of the orphan's share of incurred costs as follows: (a) report p…

17.56.1001 TANK FEE SCHEDULE (1) Owners or operators of underground storage tanks which have not been closed in accordance with ARM 17.56.702 shall pay an annual registration fee for each underground storage tank owned or operated. In order to schedule annual renewal dates, the d…

17.56.1002 GRANTS TO LOCAL GOVERNMENTAL UNITS (REPEALED) Authorizing statute(s): 75-11-505, MCA Implementing statute(s): 75-11-505, MCA History: NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; AMD, 2007 MAR p. 1189, Eff. 8/24/07; REP, 2016 MAR p. 1694, E…

17.56.1003 DESIGNATION OF LOCAL UST PROGRAMS (REPEALED) Authorizing statute(s): 75-11-505, MCA Implementing statute(s): 75-11-505, MCA History: NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259, Eff. 7/1/95; AMD, 2000 MAR p. 969, Eff. 4/14/00; AMD, 2007 MAR…

17.56.1004 IMPLEMENTING AGENCY PROGRAM SERVICES AND REIMBURSEMENT (REPEALED) Authorizing statute(s): 75-11-505, MCA Implementing statute(s): 75-11-505, MCA History: NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; AMD, 2000 MAR p. 969, Eff. 4/14/00; AMD, …

17.56.1005 REVOCATION AND SURRENDER OF DESIGNATION (REPEALED) Authorizing statute(s): 75-11-505, MCA Implementing statute(s): 75-11-505, MCA History: NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; AMD, 2000 MAR p. 969, Eff. 4/14/00; AMD, 2007 MAR p. 118…

17.56.101 DEFINITIONS For the purposes of this chapter and unless otherwise provided, the following terms have the meanings given to them in this rule and must be used in conjunction with those definitions in 75-11-203, 75-11-302, and 75-11-503, MCA. (1) "Aboveground release" mea…

17.56.102 APPLICABILITY (1) This chapter applies to all owners and operators of UST systems, except as stated in (2) through (6). It also applies to all owners and operators of petroleum storage tanks who seek, or plan to seek reimbursement from the Montana Petroleum Tank Release…

17.56.103 INTERIM PROHIBITION FOR INSTALLATION (REPEALED) Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 1986 MAR p. 669, Eff. 4/25/86; TRANS, from DHES, 1995 MAR p. 2259; REP, 2003 MAR p. 1079, Eff. 5/23/03.

17.56.104 TANK STANDARDS FOR EXCLUDED UST SYSTEMS (1) Owners or operators must install an UST system listed in ARM 17.56.102(4) or (5) that meets the following requirements for storing regulated substances (whether of single- or double-wall construction): (a) will prevent release…

17.56.105 VARIANCES (1) Any person subject to this chapter may request in writing that a variance from requirements or procedures of this chapter be granted by the department to the requestor if the request includes approval of an alternate requirement or procedure. (2) The writt…

17.56.1101 DEFINITIONS IS REPEALED Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-309, MCA History: NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; AMD, 1995 MAR p. 2489, Eff. 11/23/95; REP, 2003 MAR p. 1079, Eff. 5/23/03.

17.56.1102 REVIEW OF REIMBURSEMENT CLAIMS IS REPEALED Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-309, MCA History: NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; REP, 2003 MAR p. 1079, Eff. 5/23/03.

17.56.1103 PROVISION OF CORRECTIVE ACTION PLANS TO LOCAL GOVERNMENT IS REPEALED Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-309, MCA History: NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; REP, 2003 MAR p. 1079, Eff. 5/23/03.…

17.56.1104 DESIGN, CONSTRUCTION, AND INSTALLATION STANDARDS FOR ALL DOUBLE-WALLED PETROLEUM STORAGE TANK SYSTEMS IS REPEALED Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-302, 75-11-309, 75-11-319, MCA History: NEW, 1995 MAR p. 2489, Eff. 11/23/95; REP, 20…

17.56.120 NOTICE OF ASSESSMENT OF ADMINISTRATIVE PENALTY (REPEALED) Authorizing statute(s): 75-11-505, MCA Implementing statute(s): 75-11-505, 75-11-525, MCA History: NEW, 1998 MAR p. 1739, Eff. 6/26/98; REP, 2007 MAR p. 1189, Eff. 8/24/07.

17.56.1201 PURPOSE IS REPEALED Authorizing statute(s): 75-11-204, MCA Implementing statute(s): 75-11-204, MCA History: EMERG, NEW, 1990 MAR p. 1827, Eff. 10/1/90; AMD, 1994 MAR p. 2744, Eff. 10/14/94; TRANS, from DHES, 1995 MAR p. 2259; REP, 2000 MAR p. 969, Eff. 4/14/00.

17.56.121 DETERMINATION OF ADMINISTRATIVE PENALTIES (REPEALED) Authorizing statute(s): 75-11-505, MCA Implementing statute(s): 75-11-505, 75-11-525, MCA History: NEW, 1998 MAR p. 1739, Eff. 6/26/98; AMD, 2001 MAR p. 2459, Eff. 12/21/01; AMD, 2003 MAR p. 2759, Eff. 12/12/03; AMD, …