Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.336 - REVIEW AND DETERMINATION OF CLAIMS FOR REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) 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 with
				75-11-308, MCA.
(2) Upon receipt of a claim for reimbursement
				for corrective action costs, the board staff will determine if the claim form
				is complete. The board staff will promptly advise the owner or operator, or a
				remediation contractor acting on behalf of an owner or operator, of any
				incompleteness or deficiency that appears on the claim form. The final review
				may be suspended pending the submission of additional information by the owner
				or operator, or a remediation contractor acting on behalf of an owner or
				operator.
(3) Claim forms that have
				been reviewed as complete at least 60 days prior to a scheduled board meeting
				will normally be considered by the board at that meeting. The reimbursement of
				claims for which authority to reimburse has been delegated under (4), is not
				subject to this procedure. The agenda for consideration of claims at board
				meetings must follow the order in which claim forms were reviewed as complete
				and that are not reimbursed under (4).
(4) Upon notification that the proposed fund
				expenditures may not be in accordance with
				75-11-313(3),
				MCA, the board chairperson will review the evidence and decide whether to
				initiate a third-party review. If the chairperson decides to initiate a
				third-party review, he or she will submit a claim for review to a qualified
				third party of his or her choosing. The results of the third-party review will
				be included in the board's claim review process per
				75-11-312, MCA.
(5) The recommendations of the board staff
				must be mailed to each board member at least seven days before the date of the
				board meeting at which the claim is scheduled to be considered.
(6) The owner or operator may appear before
				the board and make a statement regarding the claim and the board staff's
				recommendations. Any other interested party may also make a statement. The
				board may establish a fair and reasonable limit on the time allowed for oral
				presentations. The board will thereafter consider the claim and, upon making
				the determinations required by
				75-11-309(3),
				MCA, may grant it in whole, in such part as may to the board seem proper, or
				may deny the claim. Reasons for partial or total denials or disallowed expenses
				must be stated in the claim reimbursement summary contained in the file. The
				minutes of a board meeting must reflect the sequence of actions taken on
				claims.
(7) Claims subject to the
				provisions of
				75-11-309(2) or
				(3)(b)(ii), MCA, must be reimbursed according
				to the following:
(a) Except as provided in
				(7)(e), such claims must be paid pursuant to the following schedule:
Period of Noncompliance
Percent of allowed claim
to be reimbursed
1 to 30 days
90%
31 to 60 days
75%
61 to 90 days
50%
91 to 180 days
25%
greater than 180 days
no reimbursement
(b)
				For claims subject to the provisions of
				75-11-309(2),
				MCA, the period of noncompliance must begin on the date upon which the
				department issues an administrative order to the owner or operator. The period
				of noncompliance must end on the date upon which the owner or operator has
				satisfied the administrative order, as determined by the department in
				writing.
(c) For claims subject to
				the provisions of
				75-11-309(3)(b)(ii),
				MCA, the period of noncompliance must begin on the date upon which the board
				determines that the owner or operator has not complied with
				75-11-309, MCA, or rules adopted
				pursuant to
				75-11-309, MCA. The period of
				noncompliance must end on the date upon which the board determines that the
				owner or operator has returned to compliance.
(d) Reimbursement of claims filed during the
				period of noncompliance must be suspended by the board. If the owner or
				operator returns to compliance as provided in (7)(b) or (c), the board may
				allow reimbursement of the suspended and future claims as provided in (7)(a).
				Any such reimbursement is subject to the requirements of
				75-11-309(3)(a),
				MCA.
(e) The percentages of
				reimbursement set forth in (7)(a) may be adjusted by the board according to the
				procedures in (6) upon a substantial showing by the owner or operator that one
				or more of the following factors applies and would entitle the owner or
				operator to an adjustment:
(i) the
				noncompliance has not presented a significant increased threat to public health
				or the environment;
(ii) there has
				been no significant additional cost to the fund;
(iii) the delay in compliance was caused by
				circumstances outside of the control of the owner or operator;
(iv) there was an error in the issuance of
				the administrative order or an error in the determination of the date an
				administrative order was satisfied; or
(v) any other factor that would render use of
				the reimbursement schedule in (7)(a) demonstrably unjust.