17.86.102    OWNER RESPONSIBILITIES

(1) An owner of a facility shall:

(a) decommission its facility according to this subchapter and pay for all costs associated with decommissioning;

(b) commence decommissioning activities within 90 days after abandonment, unless the owner receives department approval of an alternative written plan for decommissioning;

(c) complete decommissioning within 24 months after abandonment, or according to a reasonable alternative schedule proposed by the owner and approved by the department upon a showing of good cause for the extension;

(d) notify the department in writing within 30 days after abandonment; and

(e) notify the department in writing within 30 days after beginning onsite decommissioning activities.

(2) The owner of a facility that commenced commercial operation on or before May 7, 2019, shall submit in writing the following to the department on or before July 1, 2020. The department may, but is not required to, review these initial decommissioning plans and information for completeness:

(a) the date that the facility commenced commercial operation:

(b) a decommissioning plan in accordance with the requirements of ARM 17.86.105 regardless of any bond exemptions allowed under ARM 17.86.107(4) or (5);

(c) identification of each landowner; and

(d) if the landowner or landowners identified pursuant to (2)(c) are not governmental entities, whether the landowner or landowners have an ownership interest in the facility and, if so, a detailed description of the interests.

(3) The owner of a facility that commences commercial operation after May 7, 2019, shall submit to the department the information required in (2) within 12 months after commencing commercial operation. The department may, but is not required to, review these initial submissions for completeness.

(4) The owner shall submit an updated decommissioning plan at least 12 months before a bond is required by ARM 17.86.107(2) or (3), and at least 12 months before a bond is reviewed by the department in ARM 17.86.112(2). Updated plans must include an updated cost estimate and address expansions and modification, if any. Within 90 days after receipt, the department shall notify the owner of any deficiencies in the decommissioning plan. Within 90 days after receiving the deficiency notice, the owner shall address all deficiencies and resubmit the decommissioning plan.

(5) Within 12 months after purchasing a facility, the owner shall submit an updated decommissioning plan to the department. The updated plan must include an updated cost estimate and address expansions and modifications, if any.

(6) Department representatives shall comply with site safety and general access restrictions while at the facility. The department and the owner shall confer and arrange a time for an inspection. The department shall confirm the scope, date, and time of the inspection to the owner in writing at least ten business days prior to the inspection. At the date and time arranged, a representative of the department may enter and inspect a facility to evaluate the adequacy of a new or updated decommissioning plan and the associated bond amount. The owner shall allow the department's representative to inspect the facility and shall accompany the representative.

 

History: 75-26-310, MCA; IMP, 75-26-304, MCA; NEW, 2018 MAR p. 94, Eff. 1/13/18; AMD, 2020 MAR p. 957, Eff. 5/30/20.