Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES
Subchapter 17.56.3 - General Operating Requirements
Rule 17.56.308 - OPERATING PERMIT REQUIRED
Current through Register Vol. 6, March 22, 2024
(1) After March 31, 2003, except as provided in (9), a person may not place a regulated substance in, dispense a regulated substance from, or otherwise operate an underground storage tank system unless the owner or operator has a valid operating permit for the system.
(2) When the ownership of an UST changes, the operating permit in the name of the previous owner will remain valid for the new owner for 45 days after the transfer is completed.
(3) The department shall issue an operating permit when:
(4) If a filed inspection report contains substantive errors or inconsistencies, the department may, before determining whether to issue an operating permit, correct the report based on available information, require the inspector to provide additional information or require the owner or operator to obtain a follow-up inspection.
(5) An operating permit must be issued for three years.
(6) The department may suspend, revoke, or determine not to renew an operating permit issued under this rule upon its finding that there is substantial evidence that:
(7) Except as provided in (8), the department shall suspend or revoke an operating permit issued under this rule according to the provisions of 75-11-512, MCA.
(8) If the department determines that noncompliance with Title 75, chapter 11, part 5, MCA, or this chapter, poses an immediate or substantial threat to the public health, safety, or environment, it may immediately revoke the operating permit. A permittee whose operating permit has been revoked in accordance with this rule may request a hearing before the department. The department shall schedule a hearing within ten days of the request for hearing.
(9) For the first 45 days after an operating permit expires, an UST is considered not operating if no regulated substance is deposited into or dispensed from the system.
75-11-505, MCA; IMP, 75-11-509, MCA;