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(1) Owners and operators of UST systems shall cooperate fully with inspections, monitoring, and testing conducted by the department, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to section 9005 of Subtitle I of the Resource Conservation and Recovery Act (RCRA), amending the Solid Waste Disposal Act, as amended or pursuant to other state laws or rules, including the following:

(a) owners and operators shall submit the following information to the department:

(i) notification for all UST systems on a department-approved form that includes certification of installation of new UST systems and notification when any person assumes ownership of an UST system;

(ii) reports of all releases including suspected releases, spills and overfills, and confirmed releases;

(iii) corrective actions planned or taken including initial abatement measures, initial site history, free product removal, the result of remedial investigations, and cleanup plan;

(iv) a notification before permanent closure or change-in-service; and

(v) notification at least 30 days prior to UST systems switching to certain regulated substances under ARM 17.56.303.

(b) owners and operators shall maintain the following information:

(i) documentation of operation of corrosion protection equipment;

(ii) documentation of UST system repairs;

(iii) documentation of compliance with release detection requirements;

(iv) results of the site investigation conducted at permanent closure;

(v) documentation of compatibility for UST systems containing greater than 10 percent ethanol, greater than 20 percent biodiesel, or any other regulated substance identified by the department;

(vi) documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping;

(vii) documentation of periodic walkthrough inspections;

(viii) records of site assessments conducted under ARM 17.56.407(1)(e) and (f) and investigations of leak detection alarms under ARM 17.56.407 and ARM 17.56.408; and

(ix) documentation of operator training.

(c) owners and operators shall keep the records required either:

(i) at the UST site and immediately available for inspection by the department;

(ii) at a readily available alternative site and be provided for inspection by the department upon request; or

(iii) in the case of permanent closure records required under ARM 17.56.705, owners and operators are also provided with the additional alternative of mailing closure records to the department if they cannot be kept at the site or an alternative site as indicated above.


History: 75-11-505, MCA; IMP, 75-11-505, MCA; NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; AMD, 2003 MAR p. 1079, Eff. 5/23/03; AMD, 2010 MAR p. 1888, Eff. 8/27/10; AMD, 2016 MAR p. 1694, Eff. 9/24/16; AMD, 2018 MAR p. 1954, Eff. 10/6/18.

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