reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.14 - Underground Storage Tank Licensing › Rule 17.56.1421 - DISCIPLINARY AND OTHER LICENSING ACTION GENERALLY

Current through Register Vol. 13, July 5, 2024
(1) The department
				may restrict, condition, modify, suspend, revoke, or refuse to renew any
				license, previously issued under this subchapter upon finding substantial
				evidence that the licensee has committed any of the following:
(a) failure to meet the standards for
				issuance of an original license, as provided in
				75-11-210 and
				75-11-211, MCA, and this
				subchapter;
(b) fraud or deceit in
				applying for a license or permit;
(c) a violation of any statute or rule
				governing the installation, closure, or inspection of an underground storage
				tank system of the department, the United States, any other state or U.S.
				territory;
(d) a violation of any
				statute or rule of the department governing the licensing of underground tank
				system installers, removers, or compliance inspectors, including any of the
				rules of professional conduct provided in this subchapter;
(e) a violation of the terms of any
				department-issued license, permit, order, or stipulation issued or agreed to by
				the department relating to the installation, modification, repair, closure, or
				inspection of an underground storage tank system;
(f) a violation that resulted in the
				suspension or revocation of a similar license in this state, another state, or
				U.S. territory; or
(g) failure to
				pay the license fees required by ARM
				17.56.1404.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.14 - Underground Storage Tank Licensing › Rule 17.56.1423 - RESTRICTING OR CONDITIONING OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Upon
				making the finding required by ARM
				17.56.1421, the department may
				restrict or condition a new or previously issued license.
(2) Upon a written demand by the department,
				a licensee shall surrender his or her license to the department, whereupon the
				department shall issue a new license with the restrictions or conditions
				imposed by the department stated or referenced on the license. Whether or not a
				license is surrendered, the department may issue a restricted or conditional
				license in accordance with this subchapter and the licensee shall comply with
				the restrictions or conditions stated or referenced thereon. The department
				shall inform the licensee in writing of the reasons for and term(s) of any
				restrictions or condition(s).
(3)
				As a condition of any license, the department may add any term, requirement,
				restriction or condition not prohibited by law which, in the judgment of the
				department, will protect the environment or the health of the licensee, the
				licensee's employee(s), or the public safety or welfare.
75-11-204, MCA; IMP,
					 75-11-204,
					 75-11-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.14 - Underground Storage Tank Licensing › Rule 17.56.1424 - MODIFICATION OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Upon making the
				finding required by ARM
				17.56.1421, the department may
				modify the terms, restrictions, or conditions of any previously issued
				license.
(2) Upon written demand by
				the department, a licensee shall surrender his or her license to the
				department, whereupon the department shall issue a new license with any
				modification imposed by the department. Whether or not a license is
				surrendered, the department may issue a modified license in accordance with
				this subchapter and the licensee shall comply with the terms of the modified
				license. The department shall inform the licensee in writing of the reasons for
				and term(s) of the modification(s).
(3) The modification of a license by the
				department may be appealed as provided in
				75-11-218, MCA.
75-11-204, MCA; IMP,
					 75-11-204,
					 75-11-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.14 - Underground Storage Tank Licensing › Rule 17.56.1425 - SUSPENSION OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Upon making the
				finding required by ARM
				17.56.1421, the department may
				suspend any previously issued license.
(2) Upon suspending a license, the department
				shall inform the licensee in writing of the reason for and term(s) of the
				suspension. The department shall demand and upon demand the licensee shall
				surrender his or her license to the department. Whether or not a license is
				surrendered, the suspension is effective upon notice to the licensee for the
				term determined by the department.
(3) A licensee may not practice or undertake
				the acts for which he or she was licensed during the term of the license
				suspension. The department may determine to issue a modified, restricted or
				conditional license, during the term of the suspension, upon consideration of
				the factors provided in and in accordance with ARM 17.56.1421.
(4) Upon expiration of the term of
				suspension, the department shall return the license to the licensee and inform
				him or her in writing of the reinstatement of the license. The reinstated
				license may contain such restrictions, conditions, or modifications as the
				department may impose in accordance with ARM
				17.56.1423 and
				17.56.1424.
(5) The suspension of a license issued under
				this subchapter may be appealed as provided in
				75-11-218, MCA.
75-11-204, MCA; IMP,
					 75-11-204,
					 75-11-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.14 - Underground Storage Tank Licensing › Rule 17.56.1426 - LICENSE REVOCATION

Current through Register Vol. 13, July 5, 2024
(1) Upon making the
				finding required by ARM
				17.56.1421, the department may
				revoke a previously issued license.
(2) Upon revoking a license, the department
				shall inform the licensee in writing of the reason(s) for and fact of the
				revocation. The department shall demand and upon demand the licensee shall
				surrender his or her license to the department. Whether or not a license is
				surrendered, the revocation is effective upon notice to the licensee.
(3) A person whose license has been revoked
				shall not practice or undertake the acts for which he or she was licensed
				without again applying for and being licensed by the department in the manner
				of an original license.
(4) A
				person whose license has been revoked may not reapply for a license for any
				term in which application is prohibited by the department and for which the
				person is informed in writing.
(5)
				The revocation of a license issued under this subchapter may be appealed as
				provided in
				75-11-218, MCA.
75-11-204, MCA; IMP,
					 75-11-204,
					 75-11-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.15 - Underground Storage Tank Operator Training › Rule 17.56.1501 - OPERATOR TRAINING DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of ARM
				  17.56.1502 through
				  17.56.1505, the following
				  definitions apply:
(1) "Class A
				operator" means an owner or operator of an UST facility whose primary
				responsibility is to operate and maintain the UST system. A Class A operator's
				responsibilities also include managing resources and personnel to achieve and
				maintain compliance with regulatory requirements.
(2) "Class B operator" means an owner or
				operator of an UST facility whose primary responsibility is to implement the
				applicable underground storage tank regulatory requirements and standards in
				the field. A Class B operator implements day-to-day aspects of operating,
				maintaining, and recordkeeping for underground storage tanks at one or more
				facilities.
(3) "Class C operator"
				means an employee of the owner or operator of the facility who is responsible
				for responding to alarms or other indications of emergencies caused by spills
				or releases from UST systems. A Class C operator notifies the Class B or Class
				A operator and appropriate emergency responders when necessary.
(4) "Operator" has the meaning provided in
				75-11-203, MCA.
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 17.56.15 - Underground Storage Tank Operator Training › Rule 17.56.1502 - OPERATOR TRAINING

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of an UST system that has a valid operating permit or that is required
				to have an operating permit under ARM
				17.56.308 shall have trained Class
				A, B, and C operators for the system. The operators must be trained in
				accordance with ARM
				17.56.1503. EachClass A, B, or C
				operator shall be responsible for his or her applicable operation, maintenance,
				and emergency response activities, even when the operator is not present at the
				facility.
(2) A trained Class A or
				B operator of an UST system may be replaced by an untrained operator if, within
				30 days after assuming operation responsibilities, the new operator receives
				training in accordance with ARM 17.56.1503. Class C operators must be trained
				before assuming their responsibilities.
(3) One person may hold all or any
				combination of the Class A, B, or C operator positions simultaneously, if he or
				she has the appropriate training.
(4) If the department determines that an UST
				system does not meet EPA's significant operational compliance (SOC)
				requirements for release prevention and release detection measures, the
				appropriate operators, as determined by the department, must be retrained.
				Retraining must include the subjects in which the UST system was found to be
				not in significant compliance. Retraining must occur within a reasonable
				timeframe set forth in a department-approved corrective action plan after the
				department's determination that an UST system does not meet EPA's SOC
				requirements for release prevention and release detection measures. For
				purposes of this chapter, the department adopts and incorporates by reference
				the EPA SOC requirements dated March 2005. Copies of the documents incorporated
				by reference 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 17.56.15 - Underground Storage Tank Operator Training › Rule 17.56.1503 - OPERATOR TRAINING: AUTHORIZED PROVIDERS; AND REQUIRED SUBJECTS

Current through Register Vol. 13, July 5, 2024
(1) Training of UST
				system operators must be performed by the department or by a third-party
				trainer approved by the department pursuant to ARM
				17.56.1505, except that a trained
				Class A or B operator also may train a Class C operator.
(2) Class A operators must be trained in the
				following:
(a) general knowledge of
				underground storage tank system requirements so that the operator can make
				informed decisions regarding compliance and can ensure that appropriate persons
				are meeting the operation, maintenance, and recordkeeping requirements provided
				in ARM Title 17, chapter 56. The general knowledge must include, but is not
				limited to, the following:
(i) spill
				prevention;
(ii) overfill
				prevention;
(iii) release
				detection;
(iv) corrosion
				protection;
(v) emergency
				response;
(vi) product
				compatibility; and
(vii) reporting
				and recordkeeping requirements;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.15 - Underground Storage Tank Operator Training › Rule 17.56.1504 - OPERATOR TRAINING: RECORDKEEPING

Current through Register Vol. 13, July 5, 2024
(1)
				Owners or operators shall maintain records documenting the training received
				for all of their UST system operators. Records must be maintained either:
(a) at the UST system site and must be
				immediately available for inspection by the department; or
(b) at a readily available alternative site
				and must be available for inspection by the department upon request.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.15 - Underground Storage Tank Operator Training › Rule 17.56.1505 - OPERATOR TRAINING: THIRD-PARTY TRAINING COURSE APPROVAL

Current through Register Vol. 13, July 5, 2024
(1) Operator training by a third-party
				provider does not satisfy the training requirements of ARM
				17.56.1502 unless the department
				has approved the provider's instructors and courses pursuant to this
				rule.
(2) To apply for department
				approval of a training program under this rule, a third-party training provider
				shall submit to the department, at least 60 days before the requested approval
				date:
(a) a detailed description of course
				content and the amount of time allotted to each major topic;
(b) a description of the evaluation method;
				and
(c) when requested by the
				department, copies of all materials proposed for use.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.16 - Underground Storage Tank Systems With Field Constructed Tanks › Rule 17.56.1601 - UST SYSTEMS WITH FIELD CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS

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 published on July 15, 2015:
(a) Subpart K-UST Systems with Field
				Constructed Tanks and Airport Hydrant Fuel Distribution Systems;
(i) CFR 280.250 Definitions;
(ii) CFR 280.251 General Requirements;
				and
(iii) CFR 280.252 Additions,
				Exceptions and Alternatives for UST systems with field constructed tanks and
				airport hydrant systems.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.57 - ABOVEGROUND STORAGE TANKS › Subchapter 17.57.1 - Aboveground Double-Walled Petroleum Storage Tank Systems (Repealed) › Rule 17.57.101 - PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-319, MCA; IMP:
					 75-11-308,
					 75-11-319,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.57 - ABOVEGROUND STORAGE TANKS › Subchapter 17.57.1 - Aboveground Double-Walled Petroleum Storage Tank Systems (Repealed) › Rule 17.57.102 - APPLICABILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-319, MCA; IMP:
					 75-11-308,
					 75-11-319,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.57 - ABOVEGROUND STORAGE TANKS › Subchapter 17.57.1 - Aboveground Double-Walled Petroleum Storage Tank Systems (Repealed) › Rule 17.57.103 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-319, MCA; IMP:
					 75-11-308,
					 75-11-319,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.57 - ABOVEGROUND STORAGE TANKS › Subchapter 17.57.1 - Aboveground Double-Walled Petroleum Storage Tank Systems (Repealed) › Rule 17.57.104 - STANDARDS INCORPORATED BY REFERENCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-319, MCA; IMP:
					 75-11-308,
					 75-11-319,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.57 - ABOVEGROUND STORAGE TANKS › Subchapter 17.57.1 - Aboveground Double-Walled Petroleum Storage Tank Systems (Repealed) › Rule 17.57.105 - DESIGN, CONSTRUCTION AND INSTALLATION STANDARDS FOR ALL ABOVEGROUND DOUBLE-WALLED PETROLEUM STORAGE TANK SYSTEMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-319, MCA; IMP:
					 75-11-308,
					 75-11-319,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.57 - ABOVEGROUND STORAGE TANKS › Subchapter 17.57.1 - Aboveground Double-Walled Petroleum Storage Tank Systems (Repealed) › Rule 17.57.106 - INSTALLATION OF ABOVEGROUND DOUBLE-WALLED PETROLEUM STORAGE SYSTEMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-319, MCA; IMP:
					 75-11-308,
					 75-11-319,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.57 - ABOVEGROUND STORAGE TANKS › Subchapter 17.57.1 - Aboveground Double-Walled Petroleum Storage Tank Systems (Repealed) › Rule 17.57.107 - GENERAL RELEASE DETECTION STANDARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-11-319, MCA; IMP:
					 75-11-308,
					 75-11-319,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.1 - Organizational Rule › Rule 17.58.101 - ORGANIZATION AND DUTIES OF BOARD

Current through Register Vol. 13, July 5, 2024
(1) The
				Petroleum Tank Release Compensation Board was created by section 8, chapter
				528, Laws of 1989.
(2) The board is
				a unitary organization without divisions. The board is allocated to the
				Department of Environmental Quality for administrative purposes only.
(3) The functions of the board are to provide
				a financial assurance mechanism, and to reimburse the owners or operators of
				eligible tanks for their expenditures in cleaning up releases and compensating
				third parties who live or own property near the tanks for bodily injury or
				property damage they may have sustained as a result of the releases.
(4) Inquiries regarding the board may be
				addressed as follows:
Petroleum Tank Release Compensation Board
P.O. Box 200902
Helena, MT 59620-0902
2-4-201, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.2 - Procedural Rule › Rule 17.58.201 - MODEL RULES

Current through Register Vol. 13, July 5, 2024
(1) 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 Organizational and Procedural Rules, ARM
				1.3.101,
				1.3.102,
				1.3.301,
				1.3.302,
				1.3.304,
				1.3.305,
				1.3.307 through
				1.3.309,
				1.3.311 through
				1.3.313, including the sample forms
				that follow the Attorney General's model rules and the Secretary of State's
				online template forms referenced in ARM
				1.3.301 and found at
				www.armtemplates.com/, depicting standard boilerplate language for model forms
				related to rulemaking.
(2) The
				Attorney General's Organizational and Procedural Rules and the Secretary of
				State's Organizational and Procedural Rules referenced in (1) may be found
				online at http://www.mtrules.org/.
2-4-201, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.301 - GUIDELINES FOR PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1)
				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.
(2) The board shall provide access to the
				interested parties e-mail list link on the board web site for persons who wish
				to know about the board's proposed rules and rulemaking proceedings. Any person
				may add their name and e-mail address to the board's interested parties e-mail
				list.
(3) The board shall post a
				copy of its preliminary or tentative agenda on the board web site sufficiently
				in advance of each meeting.
(4)
				Upon specific request and payment of reasonable copying fees, the board shall
				send copies of board determinations, orders, and decisions to any person making
				such a request.
2-3-103, MCA; IMP,
					 2-3-103,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.302 - CONDUCT OF BOARD MEETINGS

Current through Register Vol. 13, July 5, 2024
(1) 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.
(2) The presiding officer may call any
				meeting of the board to order, pursuant to notice, when he or she determines
				that a quorum is present. A quorum is at least four members present, physically
				or by teleconference media.
(3) The
				presiding officer may impose time limits on the oral presentation of any person
				appearing before the board at any meeting other than a contested case
				hearing.
(4) The presiding officer
				may appoint a hearing examiner to conduct a contested case hearing within the
				agenda of a board meeting. A member of the board, including the presiding
				officer, may question a witness through and by leave of a hearing examiner so
				appointed.
75-11-318, MCA; IMP,
					 75-11-318,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.303 - OFFICERS; VOTING

Current through Register Vol. 13, July 5, 2024
(1) 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.
(2) Members shall vote on all motions in the
				order prescribed in Robert's Rules of Order.
(3) All votes must be personally cast,
				whether in person, by a teleconference medium, or by mail ballot if the
				presiding officer has, by unanimous consent, adopted a mail ballot procedure
				for all board members. No voting by proxy may be counted.
75-11-318, MCA; IMP,
					 75-11-318,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.311 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context clearly indicates otherwise, the
				  following definitions, in addition to those in
				  75-11-302,
				  MCA, apply throughout this chapter:
(1) "Act" means Title 75, chapter 11, part 3,
				and
				17-7-502,
				MCA.
(2) "Actually incurred," for
				purposes of reimbursing eligible costs caused by a release from a petroleum
				storage tank, means:
(a) costs actually
				expended to complete the work required to prepare or implement a corrective
				action plan, in an amount less than or equal to the corrective action plan
				budget, as shown by a dated invoice and receipt; or
(b) documented compensation made to a third
				party for bodily injury or property damage caused by a release.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.312 - ELIGIBILITY REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-11-318, MCA; IMP,
					 75-11-308,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.313 - APPLICABLE COPAYMENTS FOR COMMINGLED PETROLEUM STORAGE TANK RELEASES

Current through Register Vol. 13, July 5, 2024
(1) 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 specified in
				75-11-307(4)(b),
				MCA. The provisions of
				75-11-307(4)(b),
				MCA, shall be applied separately to each release. If there are costs that are
				incurred when an ineligible release from a petroleum storage tank has
				commingled with an eligible release from a separate petroleum storage tank, the
				owner or operator may not be reimbursed without evidence establishing that it
				is more likely than not that the costs were caused by the eligible release.
(2) An owner or operator of a site
				with more than one eligible release from the same petroleum storage tank whose
				plumes have commingled shall be reimbursed for eligible costs caused by each
				release, as specified in
				75-11-307(4)(b),
				MCA. The provisions of
				75-11-307(4)(b),
				MCA, shall be applied separately to each such release. If there are costs that
				are incurred when an ineligible release has commingled with an eligible release
				from the same petroleum storage tank, the owner or operator may not be
				reimbursed without evidence establishing that it is more likely than not that
				the costs were caused by the eligible release.
(3) A person who seeks reimbursement from the
				fund at a rate different than that provided in
				75-11-307(4)(b)(ii),
				MCA, must prove that it is more likely than not that no leaking petroleum
				storage tank at the site is eligible under that section.
AUTH:
					 75-11-318,
					 MCA IMP:
					 75-11-307,
					 MCA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.323 - VOLUNTARY REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) 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.
(2) An owner or operator may apply for such
				registration by submitting to the board a signed and otherwise completed
				application on a form provided by the board.
(3) The board may investigate and consult
				with other regulatory agencies concerning the information submitted in the
				forms to confirm the accuracy of the information submitted by the owner or
				operator. If a regulatory agency has information or the board discovers
				information that indicates the owner or operator submitted false or inaccurate
				information, the board may deny the application.
(4) If a regulatory agency has reported
				noncompliance regarding the operation and management of the petroleum storage
				tank, the board may deny the application.
(5) If the information on the form would, if
				true, establish potential eligibility and no inaccuracies have been discovered
				by or reported to the board, the board shall issue a statement to the owner or
				operator indicating potential eligibility for reimbursement.
(6) The board may delegate to the board staff
				the authority to issue determinations of potential eligibility for
				reimbursement when that determination is based on prior board decisions and
				similar material facts, subject to the owner or operator's right to be heard by
				the board.
75-11-318, MCA; IMP,
					 75-11-318,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.325 - ELIGIBILITY DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) Upon
				receipt of a completed application for eligibility, the board shall determine
				eligibility in accordance with
				75-11-308
				and
				75-11-309,
				MCA.
(2) The board may only
				determine eligibility for reimbursement of costs associated with a release that
				has been assigned a unique identification number by the department pursuant to
				ARM
				17.56.508.
AUTH:
					 75-11-318,
					 MCA IMP:
					 75-11-309,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.331 - ASSENT TO AUDIT

Current through Register Vol. 13, July 5, 2024
(1) 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.
(2) The owner or operator shall submit the
				assent on a form provided by the board. The form must be executed by the
				contractor, consultant, subcontractor, or vendor before the board approves
				reimbursement.
75-11-318, MCA; IMP,
					 75-11-309,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.332 - INSURANCE COVERAGE; THIRD-PARTY LIABILITY; INVESTIGATION; DISCLOSURE; SUBROGATION; COORDINATION OF BENEFITS

Current through Register Vol. 13, July 5, 2024
(1)
				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
				investigate the existence of any policy of insurance or other similar
				instrument or document that may indicate insurance coverage for some or all of
				the eligible costs arising from a release. At a minimum, this investigation
				must include:
(a) complete review of the
				present owner's and operator's records;
(b) the insurance records of the owner or
				operator in the possession of the insurance company or its agents or
				brokers;
(c) where available, the
				records of prior owners or operators and others who may have information
				concerning insurance coverage, including insurance policies; and
(d) any insurance records, including
				policies, in the possession or control of the owner or operator that belong to
				third parties identified pursuant to (2).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.333 - DESIGNATION OF REPRESENTATIVE

Current through Register Vol. 13, July 5, 2024
(1) 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.
75-11-318, MCA; IMP,
					 75-11-307,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.334 - CLAIM FOR REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) 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.
(2) The claim must include
				all the information required by the board's claim form, and a certification
				verified by a notary public that the individual signing the claim form is the
				owner or operator or is authorized to represent the owner or operator and that
				the statements in the claim form are true to the best of the signer's
				knowledge.
(3) Applications may be
				submitted in a piecemeal manner on the cleanup of a single release in
				situations where the cleanup would require a considerable period of
				time.
(4) The individual that
				signed the claim can request in writing that any incomplete or insufficiently
				documented costs be withdrawn from the claim. Withdrawn costs may be submitted
				at a later date on a new claim form. Costs that are withdrawn and later
				submitted will be processed as a new claim.
(5) The minimum claim value may not be less
				than $500 except:
(a) when a claim includes
				only utility bills or laboratory invoices, the minimum is reduced to
				$100;
(b) when the five-year
				limitation period set forth in
				75-11-307(2)(i),
				MCA, will expire before a total of $500 in cleanup costs will be
				accrued;
(c) when the claim is the
				final claim for a resolved release; and
(d) when specific circumstances warrant,
				additional exceptions may be permitted.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.335 - APPLICATION FOR GUARANTEE OF REIMBURSEMENT OF FUTURE OR UNAPPROVED EXPENDITURES

Current through Register Vol. 13, July 5, 2024
(1) 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 the
				requested guarantee, if it is able to make the necessary findings under
				(2).
(2) The board must find,
				before guaranteeing reimbursement, that the owner or operator is eligible for
				reimbursement pursuant to
				75-11-308(1),
				MCA, and that any estimated eligible cost not yet incurred is one that is
				reasonably certain to occur.
(3) In
				guaranteeing reimbursement of an estimated eligible cost not yet incurred, the
				board shall include a provision within the guarantee that the reimbursement is
				subject to adjustment in conformity with
				75-11-309(3),
				MCA, after the cost has been incurred.
(4) Application forms for guarantee of
				reimbursement are available upon request from the board.
75-11-318, MCA; IMP,
					 75-11-309,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.337 - THIRD-PARTY DAMAGES: PARTICIPATION IN ACTIONS AND REVIEW OF SETTLEMENTS

Current through Register Vol. 13, July 5, 2024
(1) 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
				being served by the summons and complaint, the owner or operator shall also:
(a) advise the board in writing if any
				insurer is defending the owner or operator, and if so the name of such
				insurer;
(b) provide the board with
				a complete copy of any insurance policy covering any part of the release or the
				damages resulting from the release, including all addendums, riders, and
				endorsements; and
(c) provide the
				board with a copy of the summons, complaint, and any answer or answers to the
				complaint.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.338 - REVIEW OF CORRECTIVE ACTION PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-11-318, MCA; IMP,
					 75-11-318,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.339 - CORRECTIVE ACTION EXPENDITURES: DOCUMENTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-11-318, MCA; IMP,
					 75-11-309,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.340 - THIRD-PARTY DAMAGES: REIMBURSEMENT DOCUMENTATION

Current through Register Vol. 13, July 5, 2024
(1) 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 of the notice of entry of
				judgment, abstract of costs, and a declaration:
(a) that the case has been concluded,
				including appeal, if any; and
(b)
				of the fees paid by the owner or operator to each attorney who appeared in the
				proceeding.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.342 - OTHER CHARGES ALLOWED OR DISALLOWED

Current through Register Vol. 13, July 5, 2024
(1) The
				following costs incurred in implementing a corrective action plan are presumed
				to be reasonably incurred:
(a) long distance
				telephone charges specific to the project;
(b) computer usage for generating graphics,
				maps, well logs, etc., that are necessary for reports;
(c) supplies and materials directly
				associated with the project (e.g., equipment purchased or withdrawn from
				inventory specifically for the corrective action, laboratory analysis, or well
				supplies);
(d) copies and
				facsimiles, not to exceed the preapproved rate, unless documentation supports a
				higher charge paid to an outside entity;
(e) mileage, at a rate equal to $0.05 per
				mile above the high rate for mileage reimbursement prescribed in the Montana
				Operation Manual (MOM), Volume I, Chapter 1-0300, Policy No. 1-0310.10 (August
				13, 2002);
(f) lodging at actual
				cost unless excessive. Documentation supporting the cost (lodging invoice) is
				required. If no lodging invoice is provided, the reimbursement shall be at the
				rate of non-receiptable lodging facilities in accordance with
				2-18-501(5),
				MCA;
(g) meals at the rates set
				forth in 2-18-501, MCA, for state employees
				traveling within Montana. Computation of time for purposes of determining meal
				allowances must be made according to
				2-18-502, MCA. Exceptions for
				higher actual costs may be made by showing that seasonal or other factors make
				meals available at the above listed rates in certain limited areas (receipts
				will be required);
(h) vendor
				charges at cost;
(i) subcontractor
				charges at cost, unless a markup is allowed under (3)(c);
(j) sampling fees at $10 per sample, which
				includes ice, cooler, packing, and office-related handling charges.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.343 - REVIEW AND DETERMINATION OF THIRD-PARTY DAMAGE COSTS

Current through Register Vol. 13, July 5, 2024
(1) 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 incompleteness or deficiency which appears on the
				claim. The final review may be suspended pending the submission of additional
				information by the owner or operator.
(2) The board may delegate to the director of
				the Department of Environmental Quality authority to process and order
				reimbursement of specified categories of claims upon receipt and review. The
				director of the Department of Environmental Quality shall report the number of
				such claims and the amounts obligated or expended at the next meeting of the
				board.
(3) The recommendations of
				the board staff must be mailed to each board member and to the owner or
				operator at least seven days prior to the board meeting that is scheduled to
				consider the claim.
(4) The owner
				or operator may appear before the board and make a statement on the claim and
				on the 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 shall thereafter proceed to consider the claim
				and may grant it in whole, in such part as may seem proper, or may deny the
				claim. Reasons for partial or total denial of disallowed expenses must be
				mailed to the owner or operator within ten days of the board's decision. The
				minutes of the board meeting shall reflect the sequence of actions taken on
				claims.
(5) Any time periods
				specified in this rule may be extended by agreement between the board or its
				staff and the owner or operator.
75-11-318, MCA; IMP,
					 75-11-309,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.344 - REVIEW OF CORRECTIVE ACTION PLAN

Current through Register Vol. 13, July 5, 2024
(1) 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
				75-11-313(3),
				MCA, the board staff will notify the board chairperson and provide an
				explanation of the board staff's findings. The chairperson will then 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
				corrective action plan 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
				corrective action plan review process per
				75-11-312, MCA.
(2) Owners or operators or their
				representatives must solicit at least three competitive bids for subcontractor
				corrective action work costing over $2500. The owner or operator must submit
				documentation showing that at least three bids were solicited for the
				corrective action. Owners and operators must be reimbursed a reasonable amount
				for the time to prepare, solicit, and evaluate bids.
(3) Corrective action plans that require the
				removal of petroleum storage tanks, dispensers, or product piping must be shown
				to be the most cost effective corrective action and the costs must be approved
				by the board in writing before the action is performed.
(4) Corrective action plans that require the
				removal, repair, or replacement of building(s), sign(s), or canopies must be
				shown to be the most cost effective corrective action and the costs must be
				approved by the board in writing before the action is performed.
(5) Owners or operators are responsible for
				determining whether it is more cost effective to purchase or lease remediation
				equipment necessary to remediate a petroleum release. Board staff may assist
				owners or operators in this evaluation.
(6) Purchased remediation equipment, when no
				longer required to remediate the release, may be:
(a) used on another site that the owner or
				operator owns, or for the owner's or operator's own purpose;
(b) donated to the state of Montana. The
				state will then sell the equipment as surplus property. The proceeds of the
				sale will return to the fund; or
(c) sold with the owner or operator retaining
				50% of the sale price and 50% returning to the fund.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.70 - RADIATION CONTROL (TRANSFERRED TO PUBLIC HEALTH AND HUMAN SERVICES, TITLE 37) › Rule 17.70.313 - Specific Licenses: General Requirements for the Issuance of Specific Licenses

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				37.14.521
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.70 - RADIATION CONTROL (TRANSFERRED TO PUBLIC HEALTH AND HUMAN SERVICES, TITLE 37) › Rule 17.70.314 - Specific Licenses: Special Requirements for Issuance of Certain Specific Licenses for Radioactive Material

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				37.14.540
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.70 - RADIATION CONTROL (TRANSFERRED TO PUBLIC HEALTH AND HUMAN SERVICES, TITLE 37) › Rule 17.70.315 - Specific Licenses: Special Requirements for Specific Licenses of Broad Scope

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				37.14.541
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.70 - RADIATION CONTROL (TRANSFERRED TO PUBLIC HEALTH AND HUMAN SERVICES, TITLE 37) › Rule 17.70.316 - Specific Licenses: Special Requirements for a Specific License to Manufacture, Assemble, Repair, or Distribute Commodities, Products, or Devices Which Contain Radioactive Material

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				37.14.542
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.70 - RADIATION CONTROL (TRANSFERRED TO PUBLIC HEALTH AND HUMAN SERVICES, TITLE 37) › Rule 17.70.322 - Specific Licenses: Department Action on Applications to Renew and Amend

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				37.14.535
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.70 - RADIATION CONTROL (TRANSFERRED TO PUBLIC HEALTH AND HUMAN SERVICES, TITLE 37) › Rule 17.70.323 - Specific Licenses: Persons Possessing a License for Source, Byproduct, or Special Nuclear Material in Quantities Not Sufficient to Form a Critical Mass

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				37.14.543
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.70 - RADIATION CONTROL (TRANSFERRED TO PUBLIC HEALTH AND HUMAN SERVICES, TITLE 37) › Rule 17.70.402 - Permissible Doses, Levels, and Concentrations: Radiation Dose to Individuals in Restricted Areas

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				37.14.705
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.70 - RADIATION CONTROL (TRANSFERRED TO PUBLIC HEALTH AND HUMAN SERVICES, TITLE 37) › Rule 17.70.403 - Permissible Doses, Levels, and Concentrations: Determination of Accumulated Dose

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				37.14.706
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.70 - RADIATION CONTROL (TRANSFERRED TO PUBLIC HEALTH AND HUMAN SERVICES, TITLE 37) › Rule 17.70.404 - Permissible Doses, Levels, and Concentrations: Exposure of Individuals to Concentrations of Radioactive Material in Air in Restricted Areas

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				37.14.707
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.70 - RADIATION CONTROL (TRANSFERRED TO PUBLIC HEALTH AND HUMAN SERVICES, TITLE 37) › Rule 17.70.405 - Permissible Doses, Levels, and Concentrations: Exposure of Minors

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				37.14.708