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(1) Unless directed to do otherwise by the department, owners and operators must assemble and provide to the department information about a site where a release has been confirmed which must include, but is not necessarily limited to the following: 

(a) A legal description of the real property at which the release occurred;

(b) A history of the ownership and operation of the PST or UST from which the release occurred, since at least the time at which the release from the tank did or could have occurred at the site, including the following:

(i) the name, current address and telephone number of all current owners and operators;

(ii) the name, current address and telephone number (if known) of all past owners and operators;

(iii) the years of current and past ownership and/or operation;

(iv) a description of the activities conducted at the site by each current and past owner/operator; and

(v) a general construction history of site.

(c) A map or maps and descriptions or symbols appropriate in scale and scope showing the following within a 500 foot (unless otherwise noted) radius of the site:

(i) adjacent and nearby buildings;

(ii) owner/operator each building;

(iii) paved (concrete or asphalt) areas;

(iv) property line defining the site;

(v) location of above and underground tanks and associated lines, pumps, and dispensers;

(vi) location of former tanks on property;

(vii) soil boring locations (if done) ;

(viii) monitoring well locations (if done) ;

(ix) underground utilities on and adjacent to the property (sewer, water, telephone, electric) ;

(x) basements and tile drain and sump systems on and adjacent to the property;

(xi) street maps or named/numbered streets;

(xii) all wells and springs within a 2 mile radius of the site;

(xiii) water bodies (rivers, ponds, lakes, and irrigation diversion) within a 2 mile radius of the site;

(xiv) surface elevation of the site of the release as taken from surveys, topographic maps of city; and

(xv) north arrow and map legend (scale, such as 1 inch = 100 feet) .

(d) The following information concerning the PST or UST systems on the property:

(i) date of installation of all the tank or tanks on the site;

(ii) dates of installation and removal of all tanks previously located on the site;

(iii) size of all tanks on site (diameter, length, gallons);

(iv) tank construction material of all tanks on site;

(v) present contents of all tanks on site;

(vi) previous contents of all tanks on site;

(vii) type and locations of product pumps, piping, and dispensers;

(viii) method and results of product inventory reconciliation (describe and attach copies of product inventory charts);

(ix) corrosion protection on tanks and lines (yes/no and description);

(x) type and location of leak detectors;

(xi) type of fill under and around tanks and lines (clay, sand, or other material); and

(xii) type of tank anchors (if any).

(e) a description of all leaks, spills, overfills, or other releases from the PST or UST systems located on the site:

(i) date of release;

(ii) date release was reported to the department;

(iii) product released;

(iv) quantity lost;

(v) quantity recovered;

(vi) location on site;

(vii) cleanup action taken; and

(viii) offsite effects.

(f) any tank or line test dates, methods used for conducting the tests, tester's name, address, and phone number, and results of the test (include data and worksheets or calculations).

(g) if the PST or UST system (tanks and lines) or any part of it has been removed from the ground, provide a description of the condition of it by answering the following questions and providing the other information called for below:

(i) Was corrosion present?

(ii) Was there a visible leak?

(iii) Were there any loose fittings?

(iv) Was the tank/line carefully examined for signs of leakage?

(v) Was an independent observer (fire marshal, city official, testing laboratory employee, etc. but not your employee) present when tank(s) were removed?

(A) name of the independent observer;

(B) organization;

(C) address; and

(D) telephone.

(vi) Provide pictures of removed tanks and lines if pictures are available;

(vii) State the disposition of tank(s) (who took it, where was it disposed);

(viii) Provide a description of soil conditions in the area of the tank and line excavation, with an estimate of the volumes:

(A) odors present and method of measurement;

(B) visible product in soil;

(C) sheen on water mixed with soil;

(D) sheen on groundwater in excavation;

(E) product on groundwater in excavation;

(F) soil sampling descriptions; and

(G) instrument reading (if available).

(ix) State the disposition of the soil removed during the excavation or at any other time after the release.

(h) copies of all reports previously completed, such as reports on soil, groundwater, or other reports pertinent to the site.

(2) Within 30 days of release confirmation, owners and operators must submit the information collected in compliance with (1) of this rule to the department in a manner that demonstrates its applicability and technical adequacy. Owners and operators must provide an explanation to the department regarding any information requested in (1) of this rule that cannot be obtained.

History: 75-10-405, 75-11-319, MCA; IMP, 75-10-405, 75-11-309, MCA; NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; AMD, 2016 MAR p. 1694, Eff. 9/24/16.

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