4.12.706    LOCATION OF STORAGE TANKS

(1) �Tanks shall be located outside of buildings unless the building is especially constructed for the safe handling and storage of anhydrous ammonia. Permanent storage shall be located outside of densely populated areas and subject to the approval of the department as follows if located within the corporate limits of a village, town, or city, written approval of the municipality's governing body or a county zoning permit shall be submitted to the department before tentative approval to begin construction of a permanent storage facility will be given. The intended storage must be completed and approved by the department within one year from the date written tentative approval was given. Final approval will be given if the facility and equipment complies with the department's rules.

(2) �Containers shall be located at least 50 feet from a dug well or other source of potable water.

(3) �Container locations shall comply with the following distance requirements:

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����������� Minimum Distances (feet) �from Container to:

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Nominal Capacity of� Container(s) (Gallons)	Property Line, Road Right-of-Way and Railroad Mainline-feet	Place of Private or Public Assembly-feet	Institutional Occupancy-feet
001 to 2,000	50	150	�� 750
Over 2,001	50	400	1,000

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(4) �The department may permit replacement storage tanks to be installed. Replacement tanks must meet all requirements of these rules. The provisions concerning replacement of tanks applies specifically to installations installed prior to the effective date of these rules.

(5) �A nurse tank of not more than 2,000 gallons or less than 1,000 gallons water capacity may be used as temporary age in instances where anhydrous ammonia is used in the manufacturing of liquid or suspension fertilizers provided that written approval of the municipality's governing board or a county zoning permit shall be submitted to the department before site approval will be given. Approval will be given based upon compliance with the requirements of this paragraph. The distance of the temporary storage nurse tank shall not be less than 50 feet from the property line or source of drinking water, not less than 150 feet from existing places of private or public assembly, or not less than 750 feet from any place of institutional occupancy. The draw bar must be securely fastened to an anchoring device so as to render the nurse tank immovable while being used in the manufacturing of fertilizer. During the time the place is unattended, all liquid and vapor valves must be secured.

History: Sec. 80-10-503, MCA; IMP, Sec. 80-10-503, MCA; NEW, 1986 MAR p. 1820, Eff. 10/31/86.