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17.56.901    INTERIM NOTIFICATION REQUIREMENTS

(1) On or before May 8, 1986, each owner of an underground storage tank currently in use shall submit, in the form prescribed in (9), a notice of the existence of such tank to the department.

(2) On or before May 8, 1986, each owner of an underground storage tank taken out of operation after January 1, 1974 (unless the owner knows that such tank has been removed from the ground) shall submit, in the form prescribed in (9), a notice of the existence of such tank to the department.

(3) Any owner who brings an underground storage tank into use after May 8, 1986, shall, within 30 days of bringing such tank into use, submit, in the form prescribed in (9), a notice of the existence of such tank to the department.

(4) Owners required to submit notices to the department under (1) through (3) shall provide the required notice for each underground storage tank they own. Owners may provide notice of several tanks using one notification form, but owners who own tanks located at more than one place of operation shall file a separate notification form for each separate place of operation.

(5) Notices required to be submitted under (1) through (3) must provide all of the information indicated on the prescribed form described in (9) for each tank for which notice must be given.

(6) Any person who deposits regulated substances from December 9, 1985 through May 9, 1987, in an underground storage tank shall make reasonable efforts to notify the owner or operator of such tank of the owner's obligations under (1) through (3).

(7) Beginning 30 days after the department issues new tank performance standards pursuant to 75-10-405, MCA, any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of such tank of the owner's notification obligations under (1) through (3).

(8) Sections (1) through (3) do not apply to tanks for which notice was given pursuant to section 103(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

(9) The form which must be used for notice submitted to the department under this rule is department form, "Notification for Underground Storage Tanks, DEQ form 1 (May, 2010)," or "Notification for Underground Storage Tanks, DEQ form 2 (May, 2010)."

(10) The department adopts and incorporates by reference the forms "Notification for Underground Storage Tanks, DEQ form 1 (May, 2010)" and "Notification for Underground Storage Tanks, DEQ form 2 (May, 2010)," which asks for information including, but not limited to, ownership, location, age, material of construction, capacity, use, and internal and external construction. Copies of these forms may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

History: 75-11-505, MCA; IMP, 75-11-505, MCA; NEW, 1986 MAR p. 669, Eff. 4/25/86; TRANS, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; AMD, 2007 MAR p. 1189, Eff. 8/24/07; AMD, 2010 MAR p. 1888, Eff. 8/27/10.

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