Montana Administrative Code

17.56.825 RELEASE FROM THE REQUIREMENTS An owner or operator is no longer required to maintain financial responsibility under this subchapter for an underground storage tank after the tank has been properly closed or, if corrective action is required, after corrective action has …

17.56.827 BANKRUPTCY OR OTHER INCAPACITY OF OWNER OR OPERATOR OR PROVIDER OF FINANCIAL ASSURANCE Within ten days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, the owner or operator must n…

17.56.828 REPLENISHMENT OF GUARANTEES, LETTERS OF CREDIT, OR SURETY BONDS If at any time after a standby trust is funded upon the instruction of the director with funds drawn from a guarantee, letter of credit, or surety bond, and the amount in the standby trust is reduced below …

17.56.901 INTERIM NOTIFICATION REQUIREMENTS The department adopts and incorporates by reference the UST notification and registration forms "Owner Change or Amended Owner Notification" and "Complete" available on the department's web site, which ask for information including, but…

17.56.902 NOTIFICATION REQUIREMENTS An owner who brings an underground storage tank system into use after May 8, 1986, shall within 30 days of bringing such tank into use, submit a notice of existence of such tank system to the department in the form prescribed by the department.…

17.56.903 CHANGE IN OWNERSHIP The purchaser of an UST system shall provide written notification to the department within 30 days after any sale. The purchaser shall also provide the information required by ARM 17.56.902(7) . Until notification of a new owner, or other responsible…

17.57.101 PURPOSE (REPEALED) Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-308, 75-11-319, MCA History: NEW, 1995 MAR p. 2491, Eff. 11/23/95; REP, 2024 MAR p. 329, Eff. 2/24/24.

17.57.102 APPLICABILITY (REPEALED) Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-308, 75-11-319, MCA History: NEW, 1995 MAR p. 2491, Eff. 11/23/95; REP, 2024 MAR p. 329, Eff. 2/24/24.

17.57.103 DEFINITIONS (REPEALED) Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-308, 75-11-319, MCA History: NEW, 1995 MAR p. 2491, Eff. 11/23/95; REP, 2024 MAR p. 329, Eff. 2/24/24.

17.57.104 STANDARDS INCORPORATED BY REFERENCE (REPEALED) Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-308, 75-11-319, MCA History: NEW, 1995 MAR p. 2491, Eff. 11/23/95; REP, 2024 MAR p. 329, Eff. 2/24/24.

17.57.105 DESIGN, CONSTRUCTION AND INSTALLATION STANDARDS FOR ALL ABOVEGROUND DOUBLE-WALLED PETROLEUM STORAGE TANK SYSTEMS (REPEALED) Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-308, 75-11-319, MCA History: NEW, 1995 MAR p. 2491, Eff. 11/23/95; REP, 2024…

17.57.106 INSTALLATION OF ABOVEGROUND DOUBLE-WALLED PETROLEUM STORAGE SYSTEMS (REPEALED) Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-308, 75-11-319, MCA History: NEW, 1995 MAR p. 2491, Eff. 11/23/95; REP, 2024 MAR p. 329, Eff. 2/24/24.

17.57.107 GENERAL RELEASE DETECTION STANDARDS (REPEALED) Authorizing statute(s): 75-11-319, MCA Implementing statute(s): 75-11-308, 75-11-319, MCA History: NEW, 1995 MAR p. 2491, Eff. 11/23/95; REP, 2024 MAR p. 329, Eff. 2/24/24.

17.58.101 ORGANIZATION AND DUTIES OF BOARD The Petroleum Tank Release Compensation Board was created by section 8, chapter 528, Laws of 1989. The board is a unitary organization without divisions. The board is allocated to the Department of Environmental Quality for administrativ…

17.58.201 MODEL RULES The board adopts and incorporates by reference the Attorney General's Organizational and Procedural Rules, ARM 1.3.201, 1.3.202, 1.3.211 through 1.3.224, and 1.3.226 through 1.3.233, and the Secretary of State's Model Rules of Practice, ARM 1.4.101 through 1…

17.58.301 GUIDELINES FOR PUBLIC PARTICIPATION Pursuant to 2-3-103, MCA, the board declares that any interested person is encouraged to participate in its deliberations. The following policies will support this objective. The board shall provide access to the interested parties e-…

17.58.302 CONDUCT OF BOARD MEETINGS All meetings of the board, other than contested case hearings, shall be conducted by the presiding officer. In the absence of the presiding officer, the vice-presiding officer shall exercise the presiding officer's powers. The presiding officer…

17.58.303 OFFICERS; VOTING The board shall elect a presiding officer and a vice-presiding officer for terms of one year each at its first meeting after October 1 of each year. Members shall vote on all motions in the order prescribed in Robert's Rules of Order. All votes must be …

17.58.311 DEFINITIONS Unless the context clearly indicates otherwise, the following definitions, in addition to those in 75-11-302, MCA, apply throughout this chapter: "Act" means Title 75, chapter 11, part 3, and 17-7-502, MCA. "Actually incurred," for purposes of reimbursing el…

17.58.312 ELIGIBILITY REQUIREMENTS (REPEALED) Authorizing statute(s): 75-11-318, MCA Implementing statute(s): 75-11-308, MCA History: NEW, 1990 MAR p. 1784, Eff. 9/14/90; AMD, 1991 MAR p. 2263, Eff. 11/1/91; TRANS, from DHES, and AMD, 1996 MAR p. 3125, Eff. 12/6/96; AMD, 1999 MAR…

17.58.313 APPLICABLE COPAYMENTS FOR COMMINGLED PETROLEUM STORAGE TANK RELEASES An owner or operator of a site with more than one eligible release from separate petroleum storage tanks whose plumes have commingled shall be reimbursed for eligible costs caused by each release, as s…

17.58.323 VOLUNTARY REGISTRATION An owner or operator may register a petroleum storage tank with the board for the purposes of determining potential eligibility of the petroleum storage tank for reimbursement under the petroleum tank release cleanup fund. An owner or operator may…

17.58.325 ELIGIBILITY DETERMINATION Upon receipt of a completed application for eligibility, the board shall determine eligibility in accordance with 75-11-308 and 75-11-309, MCA. The board may only determine eligibility for reimbursement of costs associated with a release that h…

17.58.326 APPLICABLE RULES GOVERNING THE OPERATION AND MANAGEMENT OF PETROLEUM STORAGE TANKS The applicable state rules referenced in 75-11-308(1)(b)(ii) and 75-11-309(1)(b), MCA, are: the following provisions of the International Fire Code (IFC 2009) are applicable to abovegroun…

17.58.331 ASSENT TO AUDIT Each contractor, subcontractor or vendor employed to carry out a corrective action plan in whole or in part shall assent to an audit of the documentation supporting their invoices if they charge at an hourly labor rate. The owner or operator shall submit…

17.58.332 INSURANCE COVERAGE; THIRD-PARTY LIABILITY; INVESTIGATION; DISCLOSURE; SUBROGATION; COORDINATION OF BENEFITS Prior to receiving payment for any claim for reimbursement, an owner or operator who is determined to be eligible under 75-11-308, MCA, shall thoroughly investiga…

17.58.333 DESIGNATION OF REPRESENTATIVE Owners or operators desiring to designate another person to receive reimbursement in their stead under the Act may do so by submitting the appropriate form provided by the board. Authorizing statute(s): 75-11-318, MCA Implementing statute(s…

17.58.334 CLAIM FOR REIMBURSEMENT Upon completion of any task or subtask identified in a corrective action plan, the owner or operator, or a remediation contractor acting on behalf of the owner or operator, may submit the claim to the board on a form provided by the board. The cl…

17.58.335 APPLICATION FOR GUARANTEE OF REIMBURSEMENT OF FUTURE OR UNAPPROVED EXPENDITURES Whenever an owner or operator requests the board to guarantee reimbursement for eligible costs not yet approved by the board, including estimated costs not yet incurred, the board may issue …

17.58.336 REVIEW AND DETERMINATION OF CLAIMS FOR REIMBURSEMENT The board may not approve a claim for reimbursement unless the owner or operator has submitted a completed application for eligibility and the board has determined that the owner or operator is eligible in accordance …

17.58.337 THIRD-PARTY DAMAGES: PARTICIPATION IN ACTIONS AND REVIEW OF SETTLEMENTS Any owner or operator who is sued for damages resulting from a release shall notify the board of the suit in writing within 15 days of being served with a summons and complaint. Within 45 days of be…

17.58.338 REVIEW OF CORRECTIVE ACTION PLAN (REPEALED) Authorizing statute(s): 75-11-318, MCA Implementing statute(s): 75-11-318, MCA History: NEW, 1990 MAR p. 516, Eff. 3/16/90; AMD, 1991 MAR p. 2036, Eff. 11/1/91; AMD, 1995 MAR p. 118, Eff. 1/27/95; TRANS, from DHES, 1996 MAR p.…

17.58.339 CORRECTIVE ACTION EXPENDITURES: DOCUMENTATION (REPEALED) Authorizing statute(s): 75-11-318, MCA Implementing statute(s): 75-11-309, MCA History: NEW, 1990 MAR p. 516, Eff. 3/16/90; AMD, 1993 MAR p. 2678, Eff. 11/11/93; TRANS, from DHES, and AMD, 1996 MAR p. 3125, Eff. 1…

17.58.340 THIRD-PARTY DAMAGES: REIMBURSEMENT DOCUMENTATION For cases in which the board received notice as required in ARM 17.58.337, an owner or operator's claim for reimbursement of payments for third-party damages pursuant to a judgment entered in a court shall include copies …

17.58.341 REIMBURSABLE COSTS Claims by an owner or operator for services provided by a consultant/contractor, or subcontractor, including services of its employees, must be categorized into standard codes according to the list of codes maintained by the board. This requirement do…

17.58.342 OTHER CHARGES ALLOWED OR DISALLOWED The following costs incurred in implementing a corrective action plan are presumed to be reasonably incurred: long distance telephone charges specific to the project; computer usage for generating graphics, maps, well logs, etc., that…

17.58.343 REVIEW AND DETERMINATION OF THIRD-PARTY DAMAGE COSTS All claims for reimbursement of third party damages must be filed with the board. Upon receipt of the claim, the board shall determine if the claim is complete. The board shall advise the owner or operator of any inco…

17.58.344 REVIEW OF CORRECTIVE ACTION PLAN The board staff will review each corrective action plan and establish the allowable reimbursement for each corrective action in a corrective action plan budget. If the review indicates that the fund is not being used in accordance with 7…