Title 75, Title 75

(1) A person may not install or close, or cause to be installed or closed, an underground storage tank system without a permit issued by the department as provided in 75-11-212. (2) In addition to obtaining a permit, an owner or operator shall obtain the services of a licensed in…

(1) An installer may not install or close an underground storage tank system unless that person has a valid license issued by the department. (2) The department shall grant an installer a regular license if the installer demonstrates competency and experience in the installation …

(1) The department may deny, modify, condition, suspend, or revoke a license if the installer or inspector: (a) fails to achieve a passing grade on a written examination; (b) fails to pay the license fee imposed under this part; (c) commits fraud or deceit with respect to the lic…

(1) Before the installation or closure of an underground storage tank system, the owner or operator or the owner's or operator's designated licensed underground storage tank installer or remover shall file a permit application with the department on forms provided by the departme…

(1) After being issued a permit, an owner or operator may obtain an inspection by the department in lieu of obtaining the services of a licensed installer. The owner or operator shall provide timely notice to the department of the date and location of the underground storage tank…

(1) The department shall grant an inspector license if the inspector demonstrates competency and experience in the inspection of underground storage tank systems, passes a written examination conducted by the department or by an agency or person authorized by the department to gi…

(1) When the department believes that a person has violated this part, a rule adopted under this part, or a permit provision, it may serve written notice of the violation on the person or the person's agent. The notice must specify the alleged violation and the facts that constit…

The department may institute and maintain in the name of the state actions for injunctive relief as provided in Title 27, chapter 19, to: (1) immediately restrain any person from engaging in unauthorized activity that is endangering public health or causing damage to the environm…

Upon receipt of evidence that the installation or closure of an underground storage tank system may present an imminent and substantial danger to public health or the environment, the department may commence administrative or judicial proceedings to immediately abate the danger o…

(1) (a) A person who violates a provision of this part, a rule adopted under this part, or an order of the department or the board is subject to an administrative penalty not to exceed $500 for each violation or a civil penalty not to exceed $10,000 for each violation. If an inst…

(1) Any owner or operator who knowingly installs or closes an underground storage tank system without a permit and either an inspection or the use of the services of a licensed installer as required in 75-11-209; any installer who knowingly installs or closes an underground stora…

(1) Nothing in this part limits or alters the responsibility of an owner, operator, or installer to comply with all other state laws or rules. (2) Ordinances adopted by local government units requiring installation or closure permits or licensed installers, or both, may be no les…

(1) The provisions of this part and rules adopted under this part govern if they conflict with other provisions of Montana law or any action taken by the department under the other provisions of law. (2) The remedies provided for in this part are cumulative with other remedies pr…

(1) There is an underground storage tank license and permit account within the state special revenue fund established in 17-2-102. (2) There must be paid into the account: (a) revenues from permit, license, and inspection fees collected under this part; and (b) revenues from pena…

(1) The department shall indicate in all relevant files that an underground storage tank removed from the ground or closed in-place in accordance with section 1, Chapter 641, Laws of 1993, is determined fully and finally closed by the department. (2) Underground storage tank syst…

(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted this part. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the env…

Except as provided in subsections (2), (14), and (25), the following definitions apply to this part: (1) "Accidental release" means a sudden or nonsudden release, neither expected nor intended by the tank owner or operator, of petroleum or petroleum products from a storage tank t…

(1) Subject to the availability of money from the fund under subsection (6), an owner or operator who is eligible under 75-11-308 and who complies with 75-11-309 and any rules adopted to implement those sections must be reimbursed by the board from the fund for the following elig…

(1) An owner or operator is eligible for reimbursement for the applicable percentage as provided in 75-11-307(4)(a) and (4)(b) of eligible costs caused by a release from a petroleum storage tank only if: (a) the release was discovered on or after January 1, 1984; (b) the release …

(1) An owner or operator seeking reimbursement for eligible costs and the department shall comply with the following procedures: (a) If an owner or operator discovers or is provided evidence that a release may have occurred from the owner's or operator's petroleum storage tank, t…

(1) Subject to the availability of money from the fund provided for in 75-11-307(6) and in accordance with rules adopted by the board, an owner or operator of a Montana facility that is actively dispensing petroleum must be reimbursed by the board for the following preventive mea…

(1) To ensure that the fund provided for in 75-11-313 is being used in the most efficient manner, the board shall implement a program of third-party review for corrective action plans and claims. The board may submit a corrective action plan or claim for review by a qualified thi…

(1) There is a petroleum tank release cleanup fund in the state special revenue fund established in 17-2-102. The fund is administered as a revolving fund by the board and is statutorily appropriated, as provided in 17-7-502, for the purposes provided for under subsections (3)(c)…

(1) Except as provided in subsection (4), each distributor shall pay to the department of transportation a petroleum storage tank cleanup fee for each gallon of gasoline, aviation gasoline, special fuel, or heating oil distributed by the distributor within the state and upon whic…

In accordance with the constitutions of the United States and the state of Montana, the state pledges that it may not in any way impair the obligations of any loan agreement between the board and the board of investments by repealing the petroleum storage tank cleanup fee imposed…

(1) The board shall administer the petroleum tank release cleanup fund in accordance with the provisions of this part, including the payment of reimbursement to owners and operators. The board may hire its own staff to assist in the implementation of this part. (2) The board shal…

(1) The department may adopt rules necessary to administer its responsibilities under this part, including requirements for approval of corrective action plans. (2) The department of transportation shall adopt rules governing the collection of the petroleum storage tank cleanup f…

Payment of reimbursement, approval of a corrective action plan, or other action of the department or the board under this part does not affect the authority of the department or any other state agency to pursue an action authorized by Title 75, chapter 10, parts 4 or 7, or any ot…

A person who knowingly misrepresents the date of discovery of a release, submits or causes to be submitted a fraudulent claim or document, or makes a false statement or representation in seeking or assisting a person to seek reimbursement under this part is subject to a fine not …

(1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under this part i…

This part shall be known and may be cited as the "Montana Underground Storage Tank Act".

(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Underground Storage Tank Act. It is the legislature's intent that the requirements of this part provide adequate remedie…

Unless the context requires otherwise, in this part, the following definitions apply: (1) "Board" means the board of environmental review provided for in 2-15-3502. (2) "Department" means the department of environmental quality provided for in 2-15-3501. (3) "Dispose" or "disposa…

(1) The department may: (a) administer and enforce the provisions of this part, rules implementing this part, and orders and permits issued pursuant to this part; (b) accept and administer grants from the federal government and from other sources, public and private; (c) abate pu…

(1) The department may adopt, amend, or repeal rules for the prevention and correction of leakage from underground storage tanks, including: (a) reporting by owners and operators; (b) financial responsibility; (c) release detection, prevention, and corrective action; (d) procedur…

(1) A corrective action plan prepared pursuant to 75-11-309 may include the use of a petroleum mixing zone, as defined in 75-11-503, in conjunction with the final remediation and resolution of a petroleum release. (2) If a petroleum mixing zone is included in a corrective action …

(1) The owner or operator of an active underground storage tank must have the tank inspected for compliance with this part by January 1, 2002, and at least once every 3 years thereafter by an inspector who is licensed pursuant to Title 75, chapter 11, part 2, to perform undergrou…

(1) If an owner or operator of an underground storage tank discovers or is provided with evidence that a tank may have leaked, the owner or operator shall immediately notify the department that a leak may exist. (2) (a) An employee or agent of the department, at any reasonable ti…

(1) The department is authorized to conduct an inventory of sites and locations in the state where regulated substances have been stored or disposed of at any time. (2) If the department determines that the presence of a regulated substance or the release of the regulated substan…

(1) When the department believes that a violation of this part or a rule adopted under this part has occurred, it may serve written notice of the violation personally or by certified mail on the alleged violator or the violator's agent. The notice must specify the provision of th…

The department may institute and maintain, in the name of the state, actions for injunctive relief as provided in Title 27, chapter 19, to: (1) immediately restrain any person from engaging in any unauthorized activity that is endangering or causing damage to the public health or…

Upon receipt of evidence that the storage or disposal of any regulated substance may present an imminent and substantial danger to the public health or to the environment, the department may commence legal proceedings to immediately restrain or enjoin any person who has contribut…

The department may issue a cleanup order to any person who has discharged, deposited, or spilled any regulated substance into or onto any land or water in an unlawful or unapproved manner or who has discharged, deposited, or spilled any regulated substance into or onto any land o…

(1) (a) A person who violates any provision of this part, a rule adopted under this part, or an order of the department or the board is subject to a civil penalty not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation. (b) Penalties asses…

(1) The costs incurred by the department to close an underground storage tank pursuant to 75-11-504 or 75-11-512 constitute a lien in favor of the state upon all property and rights to the property that belong to the owner or operator. (2) The lien imposed by this section arises …

All legal actions affecting underground storage tanks or the disposal of regulated substances must be brought in the county in which the underground storage tank is located.