17.58.343    REVIEW AND DETERMINATION OF THIRD-PARTY DAMAGE COSTS

(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.

History: 75-11-318, MCA; IMP, 75-11-309, MCA; NEW, 1996 MAR p. 3125, Eff. 12/6/96; AMD, 1999 MAR p. 1512, Eff. 7/2/99; AMD, 1999 MAR p. 2279, Eff. 10/8/99; AMD, 2011 MAR p. 377, Eff. 3/25/11.