Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES
Subchapter 17.56.8 - Financial Responsibility
Rule 17.56.824 - DRAWING ON FINANCIAL ASSURANCE MECHANISMS
Current through Register Vol. 6, March 22, 2024
(1) The director shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the director, up to the limit of funds provided by the financial assurance mechanism, into the standby trust if:
(2) The director may draw on a standby trust fund when:
Certification of Valid Claim
The undersigned, as principals and as legal representatives of [insert owner or operator] and [insert name and address of third-party claimant], hereby certify that the claim of bodily injury [and/or] property damage caused by an accidental release arising from operating [owner's or operator's] underground storage tank should be paid in the amount of $[_____].
[Signatures]
Owner or Operator
Attorney for Owner or Operator
(Notary)
[Signature(s) ]
Claimant(s)
Attorney(s) for Claimant(s)
(Notary) Date
(3) If the director determines that the amount of corrective action costs and third-party liability claims eligible for payment under (2) may exceed the balance of the standby trust fund and the obligation of the provider of financial assurance, the first priority for payment shall be corrective action costs necessary to protect human health and the environment. The director shall pay third-party liability claims in the order in which the director receives certifications under (2)(b)(i), and valid court orders under (2)(b)(ii).
75-11-505, MCA; IMP, 75-11-505, MCA;