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(1) An owner or operator must submit the appropriate forms listed in ARM 17.56.823(2) documenting current evidence of financial responsibility to the director:

(a) Within 30 days after the owner or operator identifies a release from an underground storage tank required to be reported under ARM 17.56.505 or 17.56.602.

(b) If the owner or operator fails to obtain alternate coverage as required by this subchapter, within 30 days after the owner or operator receives notice of:

(i) commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a provider of financial assurance as a debtor,

(ii) suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism,

(iii) failure of a guarantor to meet the requirements of the financial test,

(iv) other incapacity of a provider of financial assurance; or

(c) As required by ARM 17.56.807(7) and 17.56.821(2).

(2) An owner or operator must certify compliance with the financial responsibility requirements of this part as specified in the new tank notification form when notifying the appropriate state or local agency of the installation of a new underground storage tank under ARM 17.56.902.

(3) The director may require an owner or operator to submit evidence of financial assurance as described in ARM 17.56.823(2) or other information relevant to compliance with this subchapter at any time.

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, 2007 MAR p. 1189, Eff. 8/24/07.

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