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17.58.312    ELIGIBILITY REQUIREMENTS

(1) Except as otherwise provided in this rule, an owner or operator may be eligible for reimbursement of eligible costs incurred on or after April 13, 1989, as a result of an accidental release from a petroleum storage tank if the release was discovered on or after April 13, 1989.

(2) Unless otherwise provided under (3) , an owner or operator of a farm tank or residential tank with a capacity of 1,100 gallons or less that is used for storing motor fuel for noncommercial purposes or a tank storing heating oil for consumptive use on the premises where it is stored may be eligible for reimbursement of eligible costs incurred after May 14, 1991, if the release was discovered on or after April 13, 1989.

(3) An owner or operator of a farm or residential tank listed below that was installed on or before April 27, 1995, is not eligible for reimbursement of otherwise eligible costs incurred after that date, unless the tank was voluntarily removed on or before December 31, 1995:

(a) a farm or residential tank with a capacity of 1,100 gallons or less used for storing motor fuel for noncommercial purposes;

(b) a farm or residential tank with a capacity of 1,100 gallons or less used for storing heating oil for consumptive use on the premises where it is stored; and

(c) a farm or residential underground pipe used to contain or to transport motor fuels for noncommercial purposes or heating oil for consumptive use on the premises where it is stored from an aboveground storage tank with a capacity of 1,100 gallons or less.

History: 75-11-318, MCA; IMP, 75-11-308, MCA; NEW, 1990 MAR p. 1784, Eff. 9/14/90; AMD, 1991 MAR p. 2263, Eff. 11/1/91; TRANS, from DHES, and AMD, 1996 MAR p. 3125, Eff. 12/6/96; AMD, 1999 MAR p. 2279, Eff. 10/8/99.

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