(1) If an owner fails to decommission a facility in either the manner or schedule set forth in the decommissioning plan under ARM 17.86.105 and did not commence action to rectify deficiencies within 90 days after the department's notification was mailed, the department may cause the bond to be forfeited for the entire facility. The department shall notify the owner and the surety by certified mail.

(2) The notification in (1):

(a) must include the reasons for forfeiture and the amount to be forfeited; and

(b) is a final decision of the department.


History: 75-26-310, MCA; IMP, 75-26-309, MCA; NEW, 2018 MAR p. 94, Eff. 1/13/18; AMD, 2020 MAR p. 957, Eff. 5/30/20.