reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.6 - Release Response and Corrective Action for Tanks Containing Petroleum or Hazardous Substances › Rule 17.56.601 - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) Except as
				otherwise provided in this rule, owners and operators of UST systems must, in
				response to a confirmed release from a tank or system, comply with the
				requirements of this subchapter. Owners or operators of PSTs seeking
				reimbursement from the Montana petroleum tank release cleanup fund, must, in
				response to a confirmed release from a tank or system, comply with the
				requirements of this subchapter. This subchapter does not apply to USTs
				excluded under ARM
				17.56.102(2) and
				(4) and UST systems subject to RCRA Subtitle
				C corrective action requirements under section 3004(u) of the Resource
				Conservation and Recovery Act, as amended.
(2) If corrective action, initial response
				and abatement, initial site history, remedial investigation, preparation of
				remedial investigation and cleanup plans, or cleanup, or any of them are
				conducted by:
(a) the department through a
				response action contractor employed by the department, this subchapter governs
				only to the extent it is not inconsistent with the master contract and task
				order agreed to between the contractor and the department.
(b) the owner or operator of the PST or UST
				system, whether with or without a response action contractor, this subchapter
				governs only to the extent it is not inconsistent with any order issued by a
				court, the department, or any corrective action plan approved by the
				department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.6 - Release Response and Corrective Action for Tanks Containing Petroleum or Hazardous Substances › Rule 17.56.602 - INITIAL RESPONSE AND ABATEMENT MEASURES

Current through Register Vol. 13, July 5, 2024
(1) Upon confirmation of a release in
				accordance with ARM
				17.56.504 or after a release from
				the PST or UST system is identified in any other manner, owners and operators
				must:
(a) perform the following initial
				response actions:
(i) report the release to
				the department in accordance with ARM
				17.56.506;
(ii) take immediate action to prevent any
				further release of the regulated substance into the environment; and
(iii) identify and mitigate fire, explosion,
				and vapor hazards.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.6 - Release Response and Corrective Action for Tanks Containing Petroleum or Hazardous Substances › Rule 17.56.604 - REMEDIAL INVESTIGATION

Current through Register Vol. 13, July 5, 2024
(1) In order to
				determine the full extent and location of soils contaminated by the release and
				the presence and concentrations of free and dissolved product contamination in
				the surface water and in ground water, owners and operators must conduct a
				remedial investigation of the release, the release site, and the surrounding
				area possibly affected by the release if any of the following conditions exist:
(a) there is evidence that ground water wells
				have been affected by the release (e.g., as found during release confirmation
				or previous corrective action measures);
(b) free product is found to need recovery in
				compliance with ARM
				17.56.602(1)(c);
(c) there is evidence that contaminated soils
				may be in contact with ground water (e.g., as found during conduct of the
				initial response measures required under ARM 17.56.602); or
(d) the department requests a remedial
				investigation, based on the known or potential effects of contaminated soil or
				ground water on nearby surface water, ground water, and human
				health.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.6 - Release Response and Corrective Action for Tanks Containing Petroleum or Hazardous Substances › Rule 17.56.605 - CLEANUP PLAN

Current through Register Vol. 13, July 5, 2024
(1) At any time
				after reviewing the information submitted pursuant to ARM
				17.56.602,
				17.56.603, and/or
				17.56.604, the department may
				require owners and operators to submit additional information or to develop and
				submit a cleanup plan for responding to contaminated soils and groundwater. If
				a plan is required, owners and operators must submit the plan according to a
				schedule and format established by the department. Alternatively, owners and
				operators may, after fulfilling the requirements of ARM
				17.56.602 through 17.56.604,
				choose to submit a cleanup plan for responding to contaminated soil and
				groundwater. In either case, owners and operators are responsible for
				submitting a plan that provides for adequate protection of human health,
				safety, and the environment as determined by the department, and must modify
				their plan as necessary to meet this standard.
(2) In order to prepare the cleanup plan,
				owners and operators must properly evaluate and interpret the field and
				analytical results of the site or remedial investigation to define the extent
				and magnitude of free product, adsorbed phase product, dissolved phase plume
				and vapor phase product.
(3) The
				owners and operators must screen and select cleanup alternatives to develop a
				matrix evaluation of cleanup alternatives which considers cost, performance,
				reliability, implementation, safety, and effects on public health and the
				environment. Information on all cleanup alternatives, with an explanation of
				why any alternative was selected, must be included in the cleanup plan. Cleanup
				alternatives may include, but are not limited to, the following types of
				action:
(a) take no further action;
(b) excavate the contaminated soil and/or
				treat and/or dispose of the same;
(c) in-place soil treatment;
(d) product recovery;
(e) groundwater removal and
				treatment;
(f) groundwater gradient
				control (hydrodynamic);
(g) vapor
				control measures;
(h) enhanced
				biodegradation;
(i) drinking water
				supply replacement;
(j) relocation
				of affected residences and/or businesses; and
(k) establishment of a petroleum mixing zone
				in accordance with ARM
				17.56.607.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.6 - Release Response and Corrective Action for Tanks Containing Petroleum or Hazardous Substances › Rule 17.56.606 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) For each
				confirmed release that requires a cleanup plan under ARM
				17.56.605, the department must
				provide notice to the public by means designed to reach those members of the
				public directly affected by the release and the planned cleanup activities.
				This notice may include, but is not limited to, public notice in local
				newspapers, block advertisements, public service announcements, letters to
				individual households, or personal contacts by field staff.
(2) The department must ensure that site
				release information and decisions concerning the cleanup plan are made
				available to the public for inspection upon request.
(3) Before approving a cleanup plan, the
				department may hold a public meeting to consider comments on the proposed
				cleanup plan if there is sufficient public interest, or for any other
				reason.
(4) The department must
				give public notice that complies with (1) if implementation of an approved
				cleanup plan does not achieve the established cleanup levels in the plan and
				termination of that plan is under consideration by the department.
75-10-405,
					 75-11-319, MCA; IMP,
					 75-10-405,
					 75-11-309,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.6 - Release Response and Corrective Action for Tanks Containing Petroleum or Hazardous Substances › Rule 17.56.608 - ADOPTION BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				this subchapter, the department adopts and incorporates by reference:
(a) Department Circular DEQ-7, "Montana
				Numeric Water Quality Standards" (June 2019 edition);
(b) Drinking Water Maximum Contaminant
				Levels, published at 40 CFR
				141.11,
				40 CFR
				141.61,
				40 CFR
				141.62,
				40 CFR
				141.63,
				40 CFR
				141.64,
				40 CFR
				141.65, and
				40 CFR
				141.66 (2023);
(c) Montana Risk-Based Corrective Action
				Guidance for Petroleum Releases (RBCA) (February 2024); and
(d) U.S. Environmental Protection Agency
				Office of Solid Waste and Emergency Response Directive 9200.4-17P, "Use of
				Monitored Natural Attenuation at Superfund, RCRA Corrective Action, and
				Underground Storage Tank Sites" (April 1999).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.7 - Out-of-Service UST Systems and Closure › Rule 17.56.701 - INACTIVE AND OUT-OF-SERVICE UST SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1)
				An UST system is inactive when the owner or operator notifies the department
				that the UST is no longer in use for dispensing, depositing, or storing
				regulated substances or the department determines inactive status based on
				available information. The owner or operator shall continue operation and
				maintenance of corrosion protection on an out-of-service UST in accordance with
				ARM
				17.56.302,
				and shall continue operation and maintenance of any release detection in
				accordance with ARM Title 17, chapter 56, subchapter 4. ARM Title 17, chapter
				56, subchapters 5 and 6 must be complied with if a release is suspected or
				confirmed. However, release detection, release detection operation, and
				maintenance testing and inspections in ARM Title 17, chapter 56, subchapter 3
				and 4 are not required as long as the UST system is empty. The UST system is
				empty when all materials have been removed using commonly employed practices so
				that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by
				weight of the total capacity of the UST system, remains in the system. In
				addition, spill and overfill operation and maintenance testing and inspections
				in subchapter 3 are not required.
(2) When an UST system is inactive or out of
				service for three months or more, owners and operators shall also:
(a) empty the UST system;
(b) leave vent lines open and functioning;
				and
(c) cap and secure all other
				lines, pumps, manways, and ancillary equipment.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.7 - Out-of-Service UST Systems and Closure › Rule 17.56.703 - ASSESSING THE SITE AT CLOSURE OR CHANGE IN SERVICE

Current through Register Vol. 13, July 5, 2024
(1) Before
				permanent closure or a change in service is completed, the owner or operator
				shall measure for the presence of a release where contamination is most likely
				to be present at the UST site. When measuring for the presence of a release,
				the owner or operator:
(a) shall collect soil
				samples, as soon as possible after the tank or piping has been removed, at the
				base of the tank excavation and piping trench at suspected worst-case
				locations, which locations may include:
(i)
				areas around the tank and piping that record the highest concentrations of
				hydrocarbon vapor recorded with vapor monitoring instruments;
(ii) areas around the tank and piping that
				look stained or discolored;
(iii)
				the lowest point of the tank;
(iv)
				where the tank meets the piping; and
(v) beneath the fill lines. For each tank
				with a capacity of over 600 gallons that is being removed for closure, at least
				two soil samples, one at each end of the tank, or at suspected worst-case
				locations, must be taken. For a tank with a capacity of 600 gallons or less,
				one soil sample must be collected beneath the tank. Each sample must be take at
				least one-to-two feet below the base of the maximum excavation depth. If
				contaminated soil is removed from the excavation site, at least one composite
				sample of the contaminated soil must be collected for analysis. For piping
				removal, soil samples must be collected every 20 feet at the base of the piping
				trench, and at suspected worst-case locations. Up to five piping trench samples
				may be composited;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.7 - Out-of-Service UST Systems and Closure › Rule 17.56.704 - APPLICABILITY TO PREVIOUSLY CLOSED UST SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) When directed by the department, the
				owner or operator of a permanently closed UST system shall access the
				excavation zone and close the UST system in accordance with this subchapter if
				releases from the UST may, in the judgment of the department, pose a current or
				potential threat to human health and the environment.
75-11-505, MCA; IMP,
					 75-11-505,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.7 - Out-of-Service UST Systems and Closure › Rule 17.56.705 - CLOSURE RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator shall maintain records in accordance with ARM
				17.56.305 that are capable of
				demonstrating compliance with closure requirements under this subchapter.
				Results of the excavation zone assessment required in ARM
				17.56.703 must be maintained for
				at least three years after completion of permanent closure or change in service
				in one of the following ways:
(a) by the
				owners and operators who took the UST system out of service;
(b) by the current owners and operators of
				the UST system site; or
(c) by
				mailing these records to the department if the records cannot be maintained at
				the closed facility.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.7 - Out-of-Service UST Systems and Closure › Rule 17.56.706 - REQUIREMENT TO EMPTY NONCOMPLIANT USTS

Current through Register Vol. 13, July 5, 2024
(1) The
				department may require an owner or operator to immediately empty an UST system
				upon a finding that the UST system is not in compliance with any of the
				requirements in ARM Title 17, chapter 56, subchapters 2, 3, 4 or 7 and that
				allowing the contents to remain in the UST system poses a risk to public health
				or the environment.
75-11-505, MCA; IMP,
					 75-11-505,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.801 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) This subchapter applies to owners and
				operators of all petroleum underground storage tank (UST) systems except as
				otherwise provided in ARM
				17.56.102 and in
				this rule.
(2) Owners and operators
				of petroleum UST systems are subject to these requirements established in
				accordance with ARM
				17.56.802.
(3) State and federal government entities
				whose debts and liabilities are the debts and liabilities of a state or the
				United States are exempt from the requirements of this subchapter.
(4) The requirements of this subchapter do
				not apply to owners and operators of any UST system exempted from this
				subchapter by ARM
				17.56.102(2), (3), (4),
				(5), or (6).
(5) If the owner and operator of a petroleum
				underground storage tank are separate persons, only one person is required to
				demonstrate financial responsibility; however, both parties are liable in event
				of noncompliance.
AUTH:
					 75-11-505,
					 MCA; IMP:
					 75-11-505,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.802 - COMPLIANCE DATES

Current through Register Vol. 13, July 5, 2024
(1) Owners of
				petroleum underground storage tanks must comply with the requirements of this
				subchapter. Previously deferred UST systems must comply with the schedule
				according to [17.56.1601 ](1)(a).
AUTH:
					 75-11-505,
					 MCA; IMP:
					 75-11-505,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.803 - DEFINITION OF TERMS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following terms have
				  the meanings given in this rule:
(1)
				"Accidental release" means any sudden or nonsudden release of petroleum arising
				from an operating underground storage tank that results in a need for
				corrective action and/or compensation for bodily injury or property damage
				neither expected nor intended by the tank owner or operator.
(2) "Bodily injury" has the meaning given to
				this term by applicable state law; however, this term does not include those
				liabilities which, consistent with standard insurance industry practices, are
				excluded from coverage in liability insurance policies for bodily
				injury.
(3) "Chief financial
				officer" means the individual with overall authority and responsibility for
				collection, disbursement, and use of funds by an entity. In the case of local
				government owners and operators, chief financial officer means the individual
				with overall authority and responsibility for collection, disbursement, and use
				of funds by the local government.
(4) "Controlling interest" means direct
				ownership of at least 50% of the voting stock of another entity.
(5) "Director" means the director of the
				department.
(6) "Financial
				reporting year" means the latest consecutive 12-month period for which any of
				the following reports used to support a financial test is prepared and may
				comprise a fiscal or a calendar year period:
(a) a 10-K report submitted to the SEC;
(b) an annual report of tangible
				net worth submitted to Dun and Bradstreet; or
(c) annual reports submitted to the Energy
				Information Administration or the Rural Utilities Service.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.804 - INCORPORATION BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) 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 at 40 CFR Parts 280 and 281 on July 15, 2015:
(a) Code of Federal Regulations (CFR) 280.104
				Local government bond rating test;
(b) CFR 280.105 Local government financial
				test;
(c) CFR 280.106 Local
				government guarantee;
(d) CFR
				280.107 Local government fund;
(e)
				CFR 280.200 Definitions;
(f) CFR
				280.210 Participation in management;
(g) CFR 280.220 Ownership of an underground
				storage tank or underground storage tank system or facility or property on
				which an underground storage tank or underground storage tank system is
				located; and
(h) CFR 280.230
				Operating an underground storage tank or underground storage tank
				system.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.805 - AMOUNT AND SCOPE OF REQUIRED FINANCIAL RESPONSIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Owners or operators of petroleum
				underground storage tanks must demonstrate financial responsibility for taking
				corrective action and for compensating third parties for bodily injury and
				property damage caused by accidental releases arising from the operation of
				petroleum underground storage tanks in at least the following per-occurrence
				amounts:
(a) for owners or operators of
				petroleum underground storage tanks that are located at petroleum marketing
				facilities, or that handle an average of more than 10,000 gallons of petroleum
				per month based on annual throughput for the previous calendar year; $1
				million.
(b) for all other owners
				or operators of petroleum underground storage tanks; $500,000.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.806 - ALLOWABLE MECHANISMS AND COMBINATIONS OF MECHANISMS

Current through Register Vol. 13, July 5, 2024
(1) Subject to the limitations of (2), an
				owner or operator may use any one or combination of the mechanisms listed in
				ARM 17.56.807 through
				17.56.811,
				17.56.815 through
				17.56.817, and
				17.56.820 to demonstrate financial
				responsibility under this subchapter for one or more underground storage
				tanks.
(2) An owner or operator may
				use self-insurance in combination with a guarantee only if, for the purpose of
				meeting the requirements of the financial test under this rule, the financial
				statements of the owner or operator are not consolidated with the financial
				statements of the guarantor.
75-11-505, MCA; IMP,
					 75-11-505,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.807 - FINANCIAL TEST OF SELF-INSURANCE

Current through Register Vol. 13, July 5, 2024
(1) An
				owner or operator, and/or guarantor, may satisfy the requirements of ARM
				17.56.805
				by passing a financial test as specified in this rule. To pass the financial
				test of self-insurance, the owner or operator, and/or guarantor must meet the
				criteria of (2) through (7) of this rule based on year-end financial statements
				for the latest completed fiscal year.
(2) The owner or operator, and/or guarantor,
				must have a tangible net worth of at least ten times:
(a) the total of the applicable aggregate
				amount required by ARM 17.56.805, based on the number of underground storage
				tanks for which a financial test is used to demonstrate financial
				responsibility to the department under this rule;
(b) the sum of the corrective action cost
				estimates, the current closure and post-closure care cost estimates, and amount
				of liability coverage for which a financial test is used to demonstrate
				financial responsibility to EPA under
				40 CFR
				264.101,
				264.143,
				264.145,
				264.147,
				265.143,
				265.145,
				and
				265.147 or
				to a state implementing agency under a state program authorized by EPA under 40
				CFR Part 271; and
(c) the sum of
				current plugging and abandonment cost estimates for which a financial test is
				used to demonstrate financial responsibility to EPA under
				40 CFR
				144.63 or to a state implementing agency
				under a state program authorized by EPA under 40 CFR Part 145.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.808 - GUARANTEE

Current through Register Vol. 13, July 5, 2024
(1) An owner or operator may satisfy the
				requirements of ARM
				17.56.805
				by obtaining a guarantee that conforms to the requirements of this section. The
				guarantor must be:
(a) a firm that:
(i) possesses a controlling interest in the
				owner or operator;
(ii) possesses
				a controlling interest in a firm described under (i) above; or
(iii) is controlled through stock ownership
				by a common parent firm that possesses a controlling interest in the owner or
				operator; or,
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.815 - MONTANA PETROLEUM TANK RELEASE CLEANUP FUND

Current through Register Vol. 13, July 5, 2024
(1) An owner or operator may satisfy any part
				of the applicable requirements of ARM
				17.56.805 for underground storage
				tanks located in Montana by use of the petroleum tank release cleanup fund
				created by
				75-11-313, MCA. The burden of
				proof is upon the owner or operator to prove compliance with all necessary
				prerequisites for coverage by the petroleum tank release cleanup
				fund.
(2) If an owner or operator
				uses the petroleum tank release cleanup fund as partial satisfaction of the
				coverage requirements of ARM 17.56.805, the owner or operator may demonstrate
				that remaining coverage requirements are met by certifying a tangible net worth
				equal to that amount.
(3)
				Certification of tangible net worth must be based on year-end financial
				statements for the latest completed calendar year and documented on a form
				approved by the department.
75-11-505, MCA; IMP,
					 75-11-505,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.816 - TRUST FUND

Current through Register Vol. 13, July 5, 2024
(1) An owner or
				operator may satisfy the requirements of ARM
				17.56.805 by establishing a trust
				fund that conforms to the requirements of this rule. The trustee must be an
				entity that has the authority to act as a trustee and whose trust operations
				are regulated and examined by a federal agency or an agency of the state in
				which the fund is established.
(2)
				The wording of the trust agreement must be identical to the wording specified
				in ARM 17.56.817(2)(a),
				and must be accompanied by a formal certification in ARM
				17.56.817(2)(b).
(3) The trust fund, when established, must be
				funded for a full required amount of coverage, or funded for part of the
				required amount of coverage and used in combination with other mechanism(s)
				that provide the remaining required coverage.
(4) If the value of the trust fund is greater
				than the required amount of coverage, the owner or operator may submit a
				written request to the director for release of the excess.
(5) If other financial assurance as specified
				in this subchapter is substituted for all or part of the trust fund, the owner
				or operator may submit a written request to the director for release of the
				excess.
(6) Within 60 days after
				receiving a request from the owner or operator for release of funds as
				specified in (4) or (5), the director will instruct the trustee to release to
				the owner or operator such funds as the director specifies in
				writing.
75-11-505, MCA; IMP,
					 75-11-505,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.817 - STANDBY TRUST FUND

Current through Register Vol. 13, July 5, 2024
(1) An owner or
				operator using any one of the mechanisms authorized by ARM
				17.56.808,
				17.56.810, or
				17.56.811 must establish a standby
				trust fund when the mechanism is acquired. The trustee of the standby trust
				fund must be an entity that has the authority to act as a trustee and whose
				trust operations are regulated and examined by a federal agency or an agency of
				the state in which the fund is established.
(2)
(a) The
				standby trust agreement must be worded as follows, except that instruction in
				brackets are to be replaced with the relevant information and the brackets
				deleted:
Trust Agreement
Trust agreement, the "Agreement," entered into as of [date]
				  by and between [name of the owner or operator], a [name of state] [insert
				  "corporation," "partnership," "association," or "proprietorship"], the
				  "Grantor," and [name of corporate trustee], [insert "Incorporated in the state
				  of _____________ " or "a national bank"], the "Trustee."
[Whereas, the Montana Department of Environmental Quality,"
				  an agency of the Montana state government, has established certain regulations
				  applicable to the Grantor, requiring that an owner or operator of an
				  underground storage tank shall provide assurance that funds will be available
				  when needed for corrective action and third-party compensation for bodily
				  injury and property damage caused by sudden and nonsudden accidental releases
				  arising from the operation of the underground storage tank (This paragraph is
				  only applicable to the standby trust agreement)];
[Whereas, the Grantor has elected to establish [insert either
				  "a guarantee," "surety bond," or "letter of credit"] to provide all or part of
				  such financial assurance for the underground storage tanks identified herein
				  and is required to establish a standby trust fund able to accept payments from
				  the instrument (This paragraph is only applicable to the standby trust
				  agreement)];
[Whereas, the Grantor, acting through its duly authorized
				  officers, has selected the Trustee to be the trustee under this agreement, and
				  the Trustee is willing to act as trustee;
Now, therefore, the Grantor and the Trustee agree as
				  follows:
Section 1. Definitions.
As used in this Agreement:
(a) "Grantor" means the owner or operator who
				enters into this Agreement and any successors or assigns of the
				Grantor.
(b) "Trustee" means the
				trustee who enters into this Agreement and any successor Trustee.
(c) "Department" means the Montana Department
				of Environmental Quality.
(d)
				"Director" means the Director of the Department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.820 - SUBSTITUTION OF FINANCIAL ASSURANCE MECHANISMS BY OWNER OR OPERATOR

Current through Register Vol. 13, July 5, 2024
(1) An owner or operator may substitute any
				alternate financial assurance mechanisms as specified in this subchapter,
				provided that at all times he maintains an effective financial assurance
				mechanism or combination of mechanisms that satisfies the requirements of ARM
				17.56.805.
(2) After obtaining alternate financial
				assurance as specified in this subchapter, an owner or operator may cancel a
				financial assurance mechanism by providing notice to the provider of financial
				assurance.
75-11-505, MCA; IMP,
					 75-11-505,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.821 - CANCELLATION OR NONRENEWAL BY A PROVIDER OF FINANCIAL ASSURANCE

Current through Register Vol. 13, July 5, 2024
(1) Except as otherwise provided, a provider
				of financial assurance may cancel or fail to renew an assurance mechanism by
				sending a notice of termination by certified mail to the owner or operator.
(a) Termination of a guarantee, a surety
				bond, or a letter of credit may not occur until 120 days after the date on
				which the owner or operator receives the notice of termination, as evidenced by
				the return receipt.
(b)
				Termination of insurance, risk retention group coverage, or state-funded
				assurance may not occur until 60 days after the date on which the owner or
				operator receives the notice of termination, as evidenced by the return
				receipt.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.822 - REPORTING BY OWNER OR OPERATOR

Current through Register Vol. 13, July 5, 2024
(1) An
				owner or operator must submit the appropriate forms listed in ARM
				17.56.823(2) 
				documenting current evidence of financial responsibility to the director:
(a) Within 30 days after the owner or
				operator identifies a release from an underground storage tank required to be
				reported under ARM
				17.56.505 or
				17.56.602.
(b) If the owner or operator fails to obtain
				alternate coverage as required by this subchapter, within 30 days after the
				owner or operator receives notice of:
(i)
				commencement of a voluntary or involuntary proceeding under Title 11
				(Bankruptcy), U.S. Code, naming a provider of financial assurance as a
				debtor,
(ii) suspension or
				revocation of the authority of a provider of financial assurance to issue a
				financial assurance mechanism,
(iii) failure of a guarantor to meet the
				requirements of the financial test,
(iv) other incapacity of a provider of
				financial assurance; or
(c) As required by ARM
				17.56.807(7) and
				17.56.821(2).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.824 - DRAWING ON FINANCIAL ASSURANCE MECHANISMS

Current through Register Vol. 13, July 5, 2024
(1) The director shall require the guarantor,
				surety, or institution issuing a letter of credit to place the amount of funds
				stipulated by the director, up to the limit of funds provided by the financial
				assurance mechanism, into the standby trust if:
(a)
(i) the
				owner or operator fails to establish alternate financial assurance within 60
				days after receiving notice of cancellation of the guarantee, surety bond,
				letter of credit, or, as applicable, other financial assurance mechanism;
				and
(ii) the director determines or
				suspects that a release from an underground storage tank covered by the
				mechanism has occurred and so notifies the owner or operator or the owner or
				operator has notified the director pursuant to subchapters 5 or 6 of a release
				from an underground storage tank covered by the mechanism; or
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.825 - RELEASE FROM THE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) 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 been
				completed and the tank has been properly closed as required by ARM Title 17,
				chapter 56, subchapter 7.
75-11-505, MCA; IMP,
					 75-11-505,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.827 - BANKRUPTCY OR OTHER INCAPACITY OF OWNER OR OPERATOR OR PROVIDER OF FINANCIAL ASSURANCE

Current through Register Vol. 13, July 5, 2024
(1) 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 notify the director by certified mail of such commencement and
				submit the appropriate forms listed in ARM
				17.56.824(2) 
				documenting current financial responsibility.
(2) Within ten days after commencement of a
				voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				naming a guarantor providing financial assurance as debtor, such guarantor must
				notify the owner or operator by certified mail of such commencement as required
				under the terms of the guarantee specified in ARM
				17.56.808.
(3) An owner or operator who obtains
				financial assurance by a mechanism other than the financial test of
				self-insurance will be deemed to be without the required financial assurance in
				the event of a bankruptcy or incapacity of its provider of financial assurance,
				or a suspension or revocation of the authority of the provider of financial
				assurance to issue a guarantee, insurance policy, risk retention group coverage
				policy, surety bond, letter of credit, or state-required mechanism. The owner
				or operator must obtain alternate financial assurance as specified in this
				subchapter within 30 days after receiving notice of such an event. If the owner
				or operator does not obtain alternate coverage within 30 days after such
				notification, he must notify the director.
(4) Within 30 days after receipt of
				notification that the Montana petroleum release cleanup fund is incapable of
				paying for assured corrective action or third-party compensation costs, the
				owner or operator must obtain alternate financial assurance.
75-11-505, MCA; IMP,
					 75-11-505,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.8 - Financial Responsibility › Rule 17.56.828 - REPLENISHMENT OF GUARANTEES, LETTERS OF CREDIT, OR SURETY BONDS

Current through Register Vol. 13, July 5, 2024
(1) 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 the full amount of coverage required, the owner or operator shall
				by the anniversary date of the financial mechanism from which the funds were
				drawn:
(a) replenish the value of financial
				assurance to equal the full amount of coverage required; or
(b) acquire another financial assurance
				mechanism for the amount by which funds in the standby trust have been
				reduced.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.9 - Notification › Rule 17.56.901 - INTERIM NOTIFICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) 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 not limited
				to, ownership, location, age, material of construction, capacity, use, and
				internal and external construction. Copies of these forms may be obtained from
				the Department of Environmental Quality, P.O. Box 200901, Helena, MT
				59620-0901.
AUTH:
					 75-11-505, MCA; IMP:
					 75-11-505,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.9 - Notification › Rule 17.56.902 - NOTIFICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) 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.
Note: Owners and operators of UST systems that were in the
				  ground on or after May 8, 1986, unless taken out of operation on or before
				  January 1, 1974, were required to notify the state in accordance with the
				  Hazardous and Solid Waste Amendments of 1984, Pub.L. 98-616, on a form
				  published by EPA on November 8, 1985 (50 FR 46602) unless notice was given
				  pursuant to section 103(c) of CERCLA. Owners and operators who have not
				  complied with the notification requirements may use portions I through VI of
				  the notification form prescribed by the department.
(2) Owners required to submit a notice under
				(1) shall provide a notice to the department for each tank they own. Owners may
				provide notice for several tanks using one notification form, but owners who
				own tanks located at more than one place of operation shall file a separate
				notification form for each separate place of operation.
(3) Notice required to be submitted under (1)
				must provide all of the information in sections I through VI of the prescribed
				form for each tank for which notice must be given. Notices for tanks installed
				after December 22, 1988, must also provide all of the information in section
				VII of the prescribed form for each tank for which notice must be
				given.
(4) Owners and operators of
				new or modified UST systems shall provide the following with the notification
				form set forth in ARM
				17.56.901:
(a) a certification that the owner or
				operator has complied with the financial responsibility requirements under
				subchapter 8; and
(b) the following
				information related to the tank system:
(i)
				the location of each tank system;
(ii) ownership of each tank system;
(iii) status of each tank system;
(iv) the date of each tank system
				installation;
(v) the estimated
				total capacity of each tank system;
(vi) tank and piping material;
(vii) the substance currently or last stored
				in each tank system; and
(viii) any
				other information required in on the notification form that is necessary to
				ensure tanks can be adequately identified for regulatory purposes.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.9 - Notification › Rule 17.56.903 - CHANGE IN OWNERSHIP

Current through Register Vol. 13, July 5, 2024
(1) The purchaser
				of an UST system shall provide written notification to the department within 30
				days after any sale.
(2) The
				purchaser shall also provide the information required by ARM
				17.56.902(7).
(3) Until notification of a new owner, or
				other responsible party, has been received by the department in accordance with
				this rule, annual tank registration fees will continue to be assessed to the
				owner, or other responsible party, of record with the department.
75-11-505, MCA; IMP,
					 75-11-505,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.10 - Tank Fees and Delegation to Local Governments › Rule 17.56.1001 - TANK FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(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 department may prorate the registration
				fee to cover registration periods not equal to 12 months.
(2) Owners or operators of the following
				underground storage tanks shall pay the following annual registration fees in
				accordance with (1) before the department will issue an operating permit under
				ARM 17.56.308:
(a) underground storage tanks with a capacity
				of more than 1,100 gallons, $108 per tank;
(b) underground storage tanks with a capacity
				of 1,100 gallons or less, $36 per tank.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.10 - Tank Fees and Delegation to Local Governments › Rule 17.56.1002 - GRANTS TO LOCAL GOVERNMENTAL UNITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-505, MCA; IMP:
					 75-11-505,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.10 - Tank Fees and Delegation to Local Governments › Rule 17.56.1003 - DESIGNATION OF LOCAL UST PROGRAMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-505, MCA; IMP:
					 75-11-505,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.10 - Tank Fees and Delegation to Local Governments › Rule 17.56.1004 - IMPLEMENTING AGENCY PROGRAM SERVICES AND REIMBURSEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-505, MCA; IMP:
					 75-11-505,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.10 - Tank Fees and Delegation to Local Governments › Rule 17.56.1005 - REVOCATION AND SURRENDER OF DESIGNATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-505, MCA; IMP:
					 75-11-505,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.11 - Petroleum Storage Tank Release Compensation › Rule 17.56.1101 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-11-319, MCA; IMP,
					 75-11-309,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.11 - Petroleum Storage Tank Release Compensation › Rule 17.56.1102 - REVIEW OF REIMBURSEMENT CLAIMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-11-319, MCA; IMP,
					 75-11-309,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.11 - Petroleum Storage Tank Release Compensation › Rule 17.56.1103 - PROVISION OF CORRECTIVE ACTION PLANS TO LOCAL GOVERNMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-11-319, MCA; IMP,
					 75-11-309,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.11 - Petroleum Storage Tank Release Compensation › Rule 17.56.1104 - DESIGN, CONSTRUCTION, AND INSTALLATION STANDARDS FOR ALL DOUBLE-WALLED PETROLEUM STORAGE TANK SYSTEMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-11-319, MCA; IMP,
					 75-11-302,
					 75-11-309,
					 75-11-319,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.12 - Underground Storage Tank Installer Licensing Installation, Modification, Repair, and Closure Permits Inspections and Inspector Licensing › Rule 17.56.1201 - PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-11-204, MCA; IMP,
					 75-11-204,
					 MCA;