Montana Administrative Code

17.56.1260 REQUEST FOR HEARING IS REPEALED Authorizing statute(s): 75-11-204, MCA Implementing statute(s): 75-11-204, 75-11-211, MCA History: NEW, 1990 MAR p. 1827, Eff. 10/1/90; AMD, 1994 MAR p. 2744,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. …

17.56.1301 DEFINITIONS For the purposes of ARM Title 17, chapter 56, subchapters 13 and 14 and unless otherwise provided, the following terms have the meanings given to them in this rule and must be used in conjunction with the definitions in subchapter 1 of this chapter and thos…

17.56.1303 INSTALLATION AND CLOSURE PERMIT REQUIREMENT--APPLICATION No person may install or close an underground storage tank system without a permit issued by the department pursuant to ARM 17.56.1305 or 17.56.1306. Except as provided in (6): a completed application for a major…

17.56.1304 PERMIT APPLICATION REVIEW FEES A person applying for an underground storage tank installation or closure permit shall pay to the department the applicable permit application review fee provided in (2) through (5), and, if a licensed installer will not conduct the insta…

17.56.1305 MAJOR INSTALLATION, MINOR INSTALLATIONS, AND CLOSURE PERMIT ISSUANCE, TERMS, CONDITIONS Upon receipt of a completed permit application and the fees required by ARM 17.56.1304 or 17.56.1309 for the installation or closure of an underground storage tank system, the depar…

17.56.1306 EMERGENCY PERMIT APPLICATION AND ISSUANCE In the event of an emergency requiring immediate installation or closure of an underground storage tank system, the applicant may contact the department, provide the information required by ARM 17.56.1303 and explain the nature…

17.56.1307 PERMIT CONDITIONING, MODIFICATION, SUSPENSION, REVOCATION The department may condition, modify, suspend or revoke any permit previously issued under ARM 17.56.1305 or 17.56.1306 upon its determination that: the owner, operator or licensee failed to meet the standards f…

17.56.1308 INSPECTION IN LIEU OF LICENSED INSTALLER (REPEALED) (REPEALED) Authorizing statute(s): 75-11-204, MCA Implementing statute(s): 75-11-204, 75-11-209, 75-11-212, 75-11-213, MCA History: NEW, 1990 MAR p. 1827, Eff. 10/1/90; AMD, 1994 MAR p. 2744, Eff. 10/14/94; TRANS, fro…

17.56.1309 INSTALLATION AND CLOSURE INSPECTION FEES (REPEALED) (REPEALED) Authorizing statute(s): 75-11-204, MCA Implementing statute(s): 75-11-204, 75-11-209, 75-11-212, 75-11-213, MCA History: NEW, 1990 MAR p. 1827, Eff. 10/1/90; AMD, 1991 MAR p. 1280, Eff. 7/26/91; AMD, 1994 M…

17.56.1401 GENERAL LICENSE REQUIREMENTS Except as provided in 75-11-213(7) and 75-11-510(2), MCA, a person may not install, close, or inspect an underground storage tank system unless that individual has a valid license issued by the department under 75-11-210 or 75-11-214, MCA, …

17.56.1402 ELIGIBILITY FOR LICENSE A person may not be granted a license specified in ARM 17.56.1403(1) by the department unless that person: is a natural person at least 18 years old; has submitted a completed license application to the department in accordance with ARM 17.56.14…

17.56.1403 LICENSE CATEGORIES There are eight license categories: installers, which includes those licensees who install or close underground storage tank systems; removers, which includes those licensees who only close underground storage tank systems; installation inspectors, w…

17.56.1404 LICENSE FEES An individual applying for an underground storage tank installer's license shall pay to the department the applicable fee(s) provided in (2). All fees are nonrefundable. Licensing fees are as follows: license application and examination fee $483 triennial …

17.56.1405 LICENSE EXAMINATION AND RE-EXAMINATION To become licensed, an applicant for a license must successfully complete a written examination. The department shall offer the examination by appointment to the applicant and the examination must be conducted at a time and place …

17.56.1406 LICENSE ISSUANCE, TERM, RESTRICTIONS The department shall issue a license upon the applicant's satisfaction of the applicable provisions of this subchapter and Title 75, chapter 11, part 2, MCA. The license must set forth the name of the licensee, a license identificat…

17.56.1407 LICENSE RENEWAL A licensee who does not request a change from the category of license currently held may renew the license within the triennial period if the licensee completes a renewal application form provided by the department, pays the license renewal application …

17.56.1408 APPROVAL OF CONTINUING EDUCATION COURSES The department shall approve a continuing education course if it finds that it: is relevant to the subject area of installation, management, inspection, regulation, or closure of underground storage tank systems; and offers inst…

17.56.1409 DUPLICATE LICENSES (REPEALED) (REPEALED) Authorizing statute(s): 75-11-204, MCA Implementing statute(s): 75-11-204, 75-11-210, 75-11-509, MCA History: 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; AMD & T…

17.56.1410 LICENSEE RECORD KEEPING Within 30 days of completion of an underground storage tank system installation or closure, a licensed installer shall submit to the department and to the owner or operator: one copy of the installation or closure permit signed by the installer …

17.56.1421 DISCIPLINARY AND OTHER LICENSING ACTION GENERALLY The department may restrict, condition, modify, suspend, revoke, or refuse to renew any license, previously issued under this subchapter upon finding substantial evidence that the licensee has committed any of the follo…

17.56.1422 PROHIBITION OF UNPROFESSIONAL LICENSEE CONDUCT Any of the following acts of a person licensed under this subchapter constitute unprofessional conduct, are prohibited, and may result in the department conditioning, restricting, suspending, or revoking a license issued u…

17.56.1423 RESTRICTING OR CONDITIONING OF LICENSE Upon making the finding required by ARM 17.56.1421, the department may restrict or condition a new or previously issued license. Upon a written demand by the department, a licensee shall surrender his or her license to the departm…

17.56.1424 MODIFICATION OF LICENSE Upon making the finding required by ARM 17.56.1421, the department may modify the terms, restrictions, or conditions of any previously issued license. Upon written demand by the department, a licensee shall surrender his or her license to the de…

17.56.1425 SUSPENSION OF LICENSE Upon making the finding required by ARM 17.56.1421, the department may suspend any previously issued license. Upon suspending a license, the department shall inform the licensee in writing of the reason for and term(s) of the suspension. The depar…

17.56.1426 LICENSE REVOCATION Upon making the finding required by ARM 17.56.1421, the department may revoke a previously issued license. Upon revoking a license, the department shall inform the licensee in writing of the reason(s) for and fact of the revocation. The department sh…

17.56.1501 OPERATOR TRAINING DEFINITIONS For purposes of ARM 17.56.1502 through 17.56.1505, the following definitions apply: "Class A operator" means an owner or operator of an UST facility whose primary responsibility is to operate and maintain the UST system. A Class A operator…

17.56.1502 OPERATOR TRAINING The owner or operator of an UST system that has a valid operating permit or that is required to have an operating permit under ARM 17.56.308 shall have trained Class A, B, and C operators for the system. The operators must be trained in accordance wit…

17.56.1503 OPERATOR TRAINING: AUTHORIZED PROVIDERS; AND REQUIRED SUBJECTS Training of UST system operators must be performed by the department or by a third-party trainer approved by the department pursuant to ARM 17.56.1505, except that a trained Class A or B operator also may t…

17.56.1504 OPERATOR TRAINING: RECORDKEEPING Owners or operators shall maintain records documenting the training received for all of their UST system operators. Records must be maintained either: at the UST system site and must be immediately available for inspection by the depart…

17.56.1505 OPERATOR TRAINING: THIRD-PARTY TRAINING COURSE APPROVAL Operator training by a third-party provider does not satisfy the training requirements of ARM 17.56.1502 unless the department has approved the provider's instructors and courses pursuant to this rule. To apply fo…

17.56.1601 UST SYSTEMS WITH FIELD CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS For the purposes of this subchapter, the department adopts and incorporates by reference the following provisions contained within the final rules published in the Federal Register a…

17.56.201 PERFORMANCE STANDARDS FOR NEW TANK SYSTEMS In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems shall meet the followin…

17.56.202 UPGRADING OF EXISTING UST SYSTEMS Owners and operators must permanently close, in accordance with ARM Title 17, chapter 56, subchapter 7, any UST system that does not meet the new UST system performance standards in ARM 17.56.201 or has not been upgraded in accordance w…

17.56.203 ADDITIONAL PERFORMANCE STANDARDS FOR NEW UNDERGROUND PIPING CONNECTED TO ABOVEGROUND TANKS OR TO UNDERGROUND TANKS WITH A CAPACITY OF 660 GALLONS OR LESS USED TO STORE HEATING OIL Primary underground piping connected to above ground tanks or to underground tanks with a …

17.56.204 SECONDARY CONTAINMENT, UNDER-DISPENSER CONTAINMENT, AND INTERSTITIAL MONITORING Any UST that is replaced or installed after November 26, 2009 must employ: secondary containment and approved continuous interstitial monitoring, as described in ARM 17.56.407(1)(g) and (2),…

17.56.205 ANTI-SIPHON REQUIREMENTS The owner or operator of an UST system that is located at an elevation that produces a gravity head on an underground piping system shall ensure that the product pipe is equipped with one of the following devices: a department-approved anti-siph…

17.56.221 ISSUANCE OF COMPLIANCE TAGS AND CERTIFICATES (REPEALED) Authorizing statute(s): 75-11-505, MCA Implementing statute(s): 75-11-505, MCA History: NEW, 1998 MAR p. 3108, Eff. 11/20/98; AMD, 2002 MAR p. 1477, Eff. 5/17/02; AMD, 2003 MAR p. 1079, Eff. 5/23/03; REP, 2003 MAR …

17.56.301 SPILL AND OVERFILL CONTROL Owners and operators shall ensure that releases due to spilling or overfilling do not occur. The owner and operator shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before t…

17.56.302 OPERATION AND MAINTENANCE OF CORROSION PROTECTION All owners and operators of metal UST systems with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented until the UST system is permanently closed or un…

17.56.303 COMPATIBILITY Owners and operators shall use an UST system made of or lined with materials that are compatible with the substance stored in the UST system. Owners and operators storing alcohol blends shall use American Petroleum Institute Publication 1626, "Storing and …

17.56.304 REPAIRS Owners and operators of UST systems shall ensure that repairs will prevent releases due to structural failure or corrosion for as long as the UST system is used to store regulated substances. Owners and operators shall receive a permit from the department prior …

17.56.305 REPORTING AND RECORDKEEPING Owners and operators of UST systems shall cooperate fully with inspections, monitoring, and testing conducted by the department, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to section…

17.56.306 PERIODIC TESTING OF SPILL PREVENTION EQUIPMENT AND CONTAINMENT SUMPS USED FOR INTERSTITIAL MONITORING OF PIPING AND PERIODIC INSPECTION OF OVERFILL PREVENTION EQUIPMENT Owners and operators of UST systems with spill and overfill prevention equipment and containment sump…

17.56.307 PERIODIC OPERATION AND MAINTENANCE WALKTHROUGH INSPECTIONS To properly operate and maintain UST systems, no later than October 13, 2021, owners and operators must meet one of the following: conduct a walkthrough inspection that, at a minimum, checks the following equipm…

17.56.308 OPERATING PERMIT REQUIRED After March 31, 2003, except as provided in (9), a person may not place a regulated substance in, dispense a regulated substance from, or otherwise operate an underground storage tank system unless the owner or operator has a valid operating pe…

17.56.309 REQUIREMENTS FOR COMPLIANCE INSPECTIONS The owner or operator of an underground storage tank system shall have all active underground storage tank systems inspected by a licensed compliance inspector, licensed pursuant to ARM 17.56.1402(3), at least every three years fo…