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(1) Except as provided in 75-11-213(7) and 75-11-510(2), MCA, a person may not install, close, or inspect an underground storage tank system unless that individual has a valid license issued by the department under 75-11-210 or 75-11-214, MCA, and this subchapter.

(2) All installation, closure, compliance, or oversight inspections must be personally performed by a licensed inspector in accordance with this chapter.

(3) Installers and removers shall ensure that the installation or closure of underground storage tank systems is performed according to Title 75, chapter 11, part 2, MCA, the rules adopted thereunder, and any permit conditions.

(4) Compliance and oversight inspectors shall examine, assess, and document the presence, condition, and performance of all the facility's underground storage tank systems including, but not limited to, release detection equipment, spill and overfill prevention devices, and cathodic protection equipment. Compliance and oversight inspectors shall also verify that testing, monitoring, and recordkeeping are being performed as required.

(5) The requirements of this subchapter do not prohibit the employment by a licensed installer of any assistants, helpers, or apprentices who have not been issued their own installer license to work at any installation or closure site so long as the licensed installer is physically present at the installation or closure throughout the entirety of the project and personally exercises supervisory control over those unlicensed persons.

(6) Licenses issued under this subchapter are nontransferable.

(7) The definitions contained in ARM 17.56.1301 are applicable to this subchapter. 

History: 75-11-204, 75-11-505, MCA; IMP, 75-11-204, 75-11-209, 75-11-210, 75-11-212, 75-11-214, 75-11-509, 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 & TRANS, 2000 MAR p. 969, Eff. 4/14/00; AMD, 2005 MAR p. 443, Eff. 4/1/05; AMD, 2016 MAR p. 1694, Eff. 9/24/16.

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