17.56.1305    MAJOR INSTALLATION, MINOR INSTALLATIONS, AND CLOSURE PERMIT ISSUANCE, TERMS, CONDITIONS

(1) Upon receipt of a completed permit application and the fees required by ARM 17.56.1304 or 17.56.1309 for the installation or closure of an underground storage tank system, the department shall review the application and determine whether the proposed installation or closure meets the criteria for approval in (2).

(2) A permit must be issued by the department upon its determination that the proposed installation or closure will:

(a) comply with applicable statutes and rules of the department;

(b) comply with state law and rules governing disposal of the tank system components and tank contents; and

(c) be conducted in such a place and manner as to protect the environment, and the public's health, welfare, and safety.

(3) A permit issued to an applicant under this rule must state:

(a) the name of the owner or operator to whom the permit is issued;

(b) the address or location of the site of the planned installation or closure;

(c) the date(s) when the installation or closure is to be conducted;

(d) whether the installation or closure will be conducted by a licensed installer and, if so, the name and license number of the installer;

(e) whether the installation or closure will be inspected by the department; and

(f) any special permit conditions imposed by the department that are necessary to ensure the permit applicant's requested installation or removal activities are in compliance with (2).

(4) The department may not issue a permit under this rule until all annual registration fees required by ARM 17.56.1001 are received.

(5) The licensee or the department installer or remover inspector must sign and deliver the permit and all other required documentation specified by permit conditions to the department within 30 days of the installation or closure.

(6) The permit must be kept at the installation or closure site during all phases of the installation or closure.

(7) If the department deems it necessary to protect public health or the environment, the department may require any installation to be inspected by a department inspector. Whenever this occurs, the fee must be paid by the owner, operator, installer, or any other person who made the inspection necessary.

(8) A permit issued by the department under this rule or under ARM 17.56.1306 is issued subject to the accuracy of the information provided by the applicant in the permit application, the information stated or referenced on the permit pursuant to (3), compliance with all applicable statutes and rules and any conditions applied by the department. Any installation or closure not conducted in accordance with any information, condition(s), statute or rule will be considered to be conducted without a permit, and in violation of the law.

(9) Unless extended in writing by the department, permit is valid for six months from the date of issuance.

(10) The owner or operator shall keep a copy of the signed permit at the place where the installation or closure was conducted or at the owner or operator's place of business if that place is different from the installation or closure location and copies cannot safely be kept at the location of the installation or closure. The copy of the permit must be kept for as long as the tank system is used to store a regulated substance in the same location, or for at least three years after a closure is completed at that site.

(11) A permit issued under this subchapter is nontransferable.

History: 75-11-204, 75-11-505, MCA; IMP, 75-11-204, 75-11-209, 75-11-212, 75-11-505, MCA; EMERG, NEW, 1990 MAR p. 1827, Eff. 10/1/90; AMD, 1994 MAR p. 2744, Eff. 10/14/94; TRANS, from DHES, 1995 MAR p. 2259; AMD & TRANS, 2000 MAR p. 969, Eff. 4/14/00; AMD, 2003 MAR p. 1079, Eff. 5/23/03; AMD, 2011 MAR p. 145, Eff. 2/11/11; AMD, 2016 MAR p. 1694, Eff. 9/24/16.