Montana Administrative Code

17.85.107 SIZE OF AWARDS (1) The maximum amount of money that the department may lend for a single project or applicant is the amount set in Title 75, chapter 25, part 1, MCA. Authorizing statute(s): 75-25-102, MCA Implementing statute(s): 75-25-102, MCA History: NEW, 2003 MAR p.…

17.85.110 APPLICATION PROCEDURE (1) An applicant shall submit to the department an application on forms prescribed and made available by the department. An applicant shall provide additional copies upon request of the department or its contractor. (2) An applicant shall submit it…

17.85.111 APPLICATION EVALUATION PROCEDURE (1) The department shall review each application for completeness and program eligibility. The department shall notify an applicant of a deficiency or ineligible project within 30 days after receiving an application and allow an applican…

17.85.112 ENVIRONMENTAL REVIEW AND COMPLIANCE WITH APPLICABLE STATE LAW (1) Prior to issuing a loan under ARM 17.85.111, the department shall review each application to determine if a categorical exclusion from environmental review, as defined in ARM 17.4.603, applies. A categori…

17.85.113 APPLICATIONS AND RESULTS PUBLIC (1) Applications and information submitted to the department pursuant to this subchapter may be made public, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure. The department may pub…

17.85.114 LOAN TERMS AND CONDITIONS (1) The repayment period of a loan may be agreed upon by the borrower and the department, but may not exceed the period set forth in Title 75, chapter 25, part 1, MCA. (2) A borrower shall use the money obtained from a loan made under the Act a…

17.85.115 REPORTS AND ACCOUNTING (1) During the construction/installation phase of the loan project, the department may require the loan recipient to provide oral or written progress reports. (2) Upon completion of construction or installation, a loan recipient shall provide the …

17.86.101 DEFINITIONS In this subchapter, the following definitions apply: (1) "Abandon" or "abandonment" means generating 10 percent or less of the monthly maximum generation potential, as determined by the facility's nameplate capacity, each month for 12 consecutive months. (2)…

17.86.102 OWNER RESPONSIBILITIES (1) An owner of a facility shall: (a) decommission its facility according to this subchapter and pay for all costs associated with decommissioning; (b) commence decommissioning activities within 90 days after abandonment, unless the department app…

17.86.105 DECOMMISSIONING PLAN (1) A decommissioning plan must include: (a) a commitment to remove all aboveground wind turbines and towers; (b) as-built plans, including general structural and electrical information, relative to the calculation of the bond for all facilities and…

17.86.106 DETERMINATION OF BOND AMOUNT (1) The department shall set the bond amount at the estimated amount for the department to perform the decommissioning work required of an owner. (2) The bond amount must be based on: (a) estimated costs submitted by the owner in accordance …

17.86.107 BONDING DEADLINE (1) Except as provided in (3) through (5), an owner shall submit a bond payable to the state of Montana in a form acceptable to the department under ARM 17.86.115. The bond amount shall be 100 percent of the amount calculated by the department under ARM…

17.86.110 PENALTIES FOR FAILURE TO SUBMIT BOND (1) If an owner does not submit the bond in the amount determined by the department under ARM 17.86.107 or replace a bond by the deadlines set forth in ARM 17.86.116 or 17.86.117, the department shall mail written notice to the owner…

17.86.111 REPLACEMENT OF BOND (1) If the owner transfers ownership of the facility to a successor owner, the department shall release the bond posted by the owner in accordance with this rule within 90 days. The successor owner shall, within 90 days after the transfer, provide a …

17.86.112 ADJUSTMENT OF BOND AMOUNT (1) Once every five years after a facility is bonded an owner may request a reduction of the required bond amount by submitting an amended decommissioning plan to the department. If the department finds that the amended decommissioning plan red…

17.86.115 FORM OF BOND (1) The owner shall submit either a surety bond or a collateral bond in a form acceptable to the department by the deadline in ARM 17.86.107. (2) Liability under any bond, including separate bond increments or bonds applicable to a single facility, extends …

17.86.116 SURETY BONDS (1) An owner may satisfy the bonding requirements of this subchapter by submitting a surety bond that: (a) is in an amount that does not exceed 10 percent of the surety's capital surplus account as shown on a balance sheet certified by a certified public ac…

17.86.117 LETTERS OF CREDIT (1) An owner may satisfy the bonding requirements of this subchapter by submitting a letter of credit that: (a) is issued by a bank organized or authorized to do business in the United States; (b) is irrevocable prior to being released by the departmen…

17.86.120 CERTIFICATES OF DEPOSIT (1) An owner may satisfy the bonding requirements of this subchapter by submitting proof acceptable to the department that the certificate of deposit (CD): (a) was issued by a single institution in a denomination not in excess of $250,000, or the…

17.86.121 FORFEITURE OF BOND (1) If an owner fails to decommission a facility in either the manner or schedule set forth in the decommissioning plan under ARM 17.86.105 and did not commence action to rectify deficiencies within 90 days after the department's notification was mail…

17.86.122 RELEASE OF BOND; USE OF BOND BY DEPARTMENT (1) The department shall release a bond if the department is satisfied that an owner has properly decommissioned a facility in accordance with the decommissioning plan or as otherwise agreed to by the department in consultation…

18.1.101 ORGANIZATION OF THE DEPARTMENT (1) The Department of Transportation was created by Chapter 512 of the Montana Session Laws of 1991 and implemented by Executive Order No. 11-91 of the Governor on July 1, 1991, and as amended by Chapter 306 of the Montana Session Laws of 2…

18.10.101 PAYMENT OF TAX (IS HEREBY REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-322, MCA History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; REP, 1999 MAR p. 645, Eff. 4/9/99.

18.10.102 DETERMINATION OF USER (REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-301, MCA History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 645, Eff. 4/9/99; REP, 2010 MAR p. 2814, Eff. 12/10/10.…

18.10.107 DEFINITIONS (REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-321, MCA History: NEW, 2001 MAR p. 2147, Eff. 10/26/01; REP, 2016 MAR p. 1849, Eff. 10/15/16.

18.10.122 SPECIAL FUEL USER TAX BONDS - PROBLEM ACCOUNTS (IS HEREBY REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-304, MCA History: NEW, 1987 MAR p. 1651, Eff. 9/25/87; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; REP, 1999 MAR p.…

18.10.123 SUPPORTING DOCUMENTATION FOR BAD DEBT CREDIT (IS HEREBY REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-328, MCA History: NEW, 1989 MAR p. 1847, Eff. 11/10/89; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; REP, 1999 MAR p. …

18.10.201 CERTAIN FEDERALLY OWNED ROADS (REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-301, 15-70-321, MCA History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 645, Eff. 4/9/99; REP, 2016 MAR p. 18…

18.10.202 OFF-ROAD USAGE (REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-121, 15-70-301, 15-70-302, 15-70-321, 15-70-323, MCA History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 645, Eff. 4/9/99; R…

18.10.203 STATIONARY AND AUXILIARY ENGINES (IS HEREBY REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-322, MCA History: Eff. 12/31/­72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; REP, 1999 MAR p. 645, Eff. 4/9/99.

18.10.301 PERMIT REQUIRED (REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-121, 15-70-302, 15-70-303, MCA History: Eff. 12/31/72; AMD, Eff. 11/5/73; AMD, Eff. 7/5/75; AMD, Eff. 5/5/77; AMD, 1980 MAR p. 1089, Eff. 3/28/80; AMD, 1984 MAR p. 1632, Eff…

18.10.302 PERMIT DETAILS (REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-121, 15-70-302, 15-70-303, MCA History: Eff. 12/31/72; AMD, Eff. 11/5/73; AMD, Eff. 7/5/75; AMD, Eff. 5/5/77; AMD, 1980 MAR p. 1089, Eff. 3/28/80; AMD, 1983 MAR p. 862, Eff. …

18.10.303 SPECIAL FUEL USER'S REGISTRATION CARD (IS HEREBY REPEALED) Rules 18.10.304 through Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-302, MCA History: NEW, 1985 MAR p. 1636, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; R…

18.10.311 TEMPORARY OPERATION (IS HEREBY REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-302, MCA History: Eff. 12/31/72; AMD, Eff. 11/5/73; AMD, Eff. 7/5/75; AMD, Eff. 5/5/77; AMD, 1980 MAR p. 1089, Eff. 3/28/80; TRANS, from Dept. of Revenue, Ch. …

18.10.312 COMPLIANCE BONDS (IS HEREBY REPEALED) Authorizing statute(s): 15-70-104, MCA Implementing statute(s): 15-70-304, MCA History: Eff. 12/31/72; AMD, Eff. 11/5/73; AMD, Eff. 7/5/75; AMD, Eff. 5/5/77; AMD, 1980 MAR p. 1089, Eff. 3/28/80; AMD, 1984 MAR p. 1632, Eff. 11/16/84;…