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(1) In the event of an emergency requiring immediate installation or closure of an underground storage tank system, the applicant may contact the department, provide the information required by ARM 17.56.1303 and explain the nature of the emergency and the consequences of nonissuance. An emergency permit may be issued orally by the department and it will be valid for a maximum of ten days. Whenever an emergency permit is issued, the applicant shall pay the appropriate fees as provided in ARM 17.56.1304, and submit a completed permit application to the department within ten days of issuance of the emergency permit.

(2) If the department determines that an emergency exists under (1) and (3) and that the requirements of ARM 17.56.1303(2) have been satisfied, it must issue the permit in the manner provided by this rule and subject to any permit conditions imposed pursuant to this subchapter.

(3) For the purposes of this rule, an emergency is an imminent and substantial threat to the public health or safety or to the environment, including a threat to public health or safety or to the environment identified in a judicial order or an order of the department.

History: 75-11-204, MCA; IMP, 75-11-204, 75-11-209, 75-11-212, MCA; EMERG, NEW, 1990 MAR p. 1827, Eff. 10/1/90; AMD, 1994 MAR p. 2744, Eff. 10/14/94; TRANS, from DHES, 1995 MAR p. 2259; AMD, 1998 MAR p. 1739, Eff. 6/26/98; AMD & TRANS, 2000 MAR p. 969, Eff. 4/14/00; AMD, 2016 MAR p. 1694, Eff. 9/24/16.

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