17.56.309    REQUIREMENTS FOR COMPLIANCE INSPECTIONS

(1) The owner or operator of an underground storage tank system shall have all active underground storage tank systems inspected by a licensed compliance inspector, licensed pursuant to ARM 17.56.1402(3), at least every three years for compliance with the operation and maintenance requirements of this chapter. The inspections must:

(a) be completed at least 90 days before the expiration date of the operating permit issued pursuant to ARM 17.56.308; and

(b) include examination, assessment, and documentation of compliance with all tank operation and maintenance requirements, set forth in rules adopted under 75-11-505, MCA, or in rules adopted or permits issued under 75-11-509, MCA.

(2) The owner or operator of an underground storage tank system must have all inactive underground storage tank systems inspected by a compliance inspector or an oversight inspector, licensed pursuant to ARM 17.56.1402(3) or (4), at least every three years for compliance with the requirements of ARM 17.56.701. The inspections must be completed:

(a) at least 90 days before the expiration date of the operating permit issued pursuant to ARM 17.56.308; or

(b) if no operating permit has been issued for the inactive underground storage tank, at least 90 days before the three-year compliance inspection is due. 

(3) Underground storage tank systems that:

(a) under ARM 17.56.102(3) and (4), are exempt from ARM Title 17, chapter 56, subchapters 2, 3, and 4, are also exempt from compliance inspection requirements. Owners or operators of these underground storage tank systems may obtain an operating permit by making a written request to the department and providing evidence, satisfactory to the department, that the UST systems qualify for this exemption; and

(b) are referenced in ARM 17.56.102(2), (4), and (5), are not required to have compliance inspections.

(4) For an underground storage tank system that is installed or returned to active status pursuant to ARM 17.56.701 after November 1, 2001, an initial inspection must be completed at least 90 days, but no more than 120 days, after the date the conditional operating permit is issued or reissued pursuant to ARM 17.56.310. If the facility has other underground storage tank systems installed prior to November 1, 2001, all subsequent inspections of an underground storage tank system installed on or after November 1, 2001, must be conducted on the same schedule as the underground storage tank systems in existence prior to that date.

(5) Upon completion of the inspection, the inspector shall provide the owner or operator with a copy of the inspection report.

(6) No later than 15 days after any inspection conducted pursuant to this rule, the owner or operator, or the compliance inspector shall provide to the department the results of the compliance inspection in a manner approved by the department. The inspection report must be signed by the licensed compliance inspector and the underground storage tank system owner or operator.

(7) All underground storage tank systems at an individual facility must be inspected at one time.

(8) The owner or operator shall correct all violations noted in a compliance inspection report:

(a) within 90 days of receipt of the inspection report by the owner or operator;

(b) at least 14 days prior to the expiration of the facility's operating permit; or

(c) within another timeframe established by the department.

(9) The owner or operator or compliance inspector shall submit to the department a follow-up inspection report:

(a) within seven days after completion of the corrective actions required under (8);

(b) at least 14 days before the expiration of the facility's operating permit; or

(c) within another timeframe established by the department.

History: 75-11-505, 75-11-509, MCA; IMP, 75-11-509, MCA; NEW, 2000 MAR p. 969, Eff. 4/14/00; AMD, 2001 MAR p. 2459, Eff. 12/21/01; AMD, 2002 MAR p. 1091, Eff. 4/12/02; AMD, 2003 MAR p. 1079, Eff. 5/23/03; AMD, 2003 MAR p. 2759, Eff. 12/12/03; AMD, 2006 MAR p. 913, Eff. 4/7/06; AMD, 2007 MAR p. 1189, Eff. 8/24/07; AMD, 2009 MAR p. 2247, Eff. 11/26/09; AMD, 2010 MAR p. 1888, Eff. 8/27/10; AMD, 2011 MAR p. 145, Eff. 2/11/11; AMD, 2011 MAR p. 2139, Eff. 10/14/11; AMD, 2016 MAR p. 1694, Eff. 9/24/16.