(1) Administrative penalties assessed under these rules may not exceed $500 per day for each violation and may not be less than the minimum penalty prescribed in (2) of this rule.

(2) For each violation, the department shall assess a penalty as provided in ARM 17.4.301 through 17.4.308, and allow the time for corrective action, specified in the table in this rule. Pursuant to 75-11-525(4) , MCA, the department may suspend a portion of the maximum administrative penalty based on the cooperation and degree of care exercised by the person assessed the penalty, how expeditiously the violation was corrected, and whether significant harm resulted to the public health or the environment from the violation.

VIOLATION	MAXIMUMPENALTY$	MINIMUMPENALTY$	VIOLATIONCORRECTABLE	TIMEALLOWEDFORCORRECTION
(a) Failure to notify the department of an UST system	300	150	yes	10 days
(b) Failure to register an UST system	100	50	yes	10 days
(c) Failure to report a suspected or confirmed release/spill within 24 hours	500	500	no	not applicable
(d) Failure to investigate or respond to a release	500	250	yes	15 days
(e) Failure to temporarily or permanently close an UST system properly	500	250	yes	30 days
(f) Failure to properly install an UST system	500	250	yes	30 days
(g) Failure to install release detection or corrosion protection	500	250	yes	30 days
(h) Failure to provide spill/overfill prevention equipment	500	250	yes	15 days
(i) Failure to provide automatic line leak detection	500	250	yes	15 days
(j) Failure to install properly designed and constructed UST system components	300	150	yes	45 days
(k) Failure to perform release detection	300	150	yes	30 days
(l) Failure to provide financial assurance	300	150	yes	30 days
(m) Failure to maintain release detection or corrosion protection equipment	200	100	yes	30 days
(n) Failure to provide required records within 48 hours of notice	100	100	no	not applicable
(o) Failure to maintain required records	100	50	yes	30 days
(p) Failure to obtain a compliance inspection within the statutory time	500	250	no	not applicable

(q) Operating an UST without a valid operating permit	500	500	no	not applicable
(r) Failure to correct violations noted in a compliance inspection report within the time allowed by rule	500	250	yes	30 days
(s) Failure to obtain a follow-up inspection after correcting violations noted in a compliance inspection report	500	100	yes	10 days
(t) Failure to empty an UST that is not in compliance with rules related to release prevention and detection and corrosion protection in subchapters 2, 3 and 4	500	300	yes	15 days
(u) Failure to notify of change of ownership	500	250	yes	15 days
(v) Failure to file inspection report within 10 days of inspection	500	250	yes	10 days

 

(3) Upon receipt of a written notice that corrective action required by the department has been completed, the department may suspend a portion of the administrative penalty.

(4) To verify that corrective action has been completed, the department may inspect the site of the violation and any records regarding the corrective action.

 

UST Systems:

Design, Construction and Installation