75-11-204. Rulemaking authority. (1) The department may adopt rules governing the installation and closure of underground storage tank systems and rules providing for the inspection of underground storage tank systems. Rules may include but are not limited to the following:

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Terms Used In Montana Code 75-11-204

  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-11-203
  • Inspection: means activities to inspect all or part of an underground storage tank system, including records relating to installation, operation, maintenance, and closure to determine compliance with applicable laws and rules relating to operation and maintenance. See Montana Code 75-11-203
  • License: means a license issued by the department under 75-11-204 or 75-11-210 to conduct the inspection, installation, or closure of underground storage tank systems. See Montana Code 75-11-203
  • underground storage tank system: means an underground storage tank, as defined in 75-11-503, and, for purposes of this part, includes ancillary equipment designed to prevent, detect, or contain a release from an underground storage tank system. See Montana Code 75-11-203

(a)the requirements for issuance, denial, renewal, modification, suspension, and revocation of permits for the installation and closure of underground storage tank systems;

(b)the requirements for issuance, denial, renewal, modification, suspension, and revocation of licenses for underground storage tank system installers and inspectors. The license for inspectors must be separate from the license for installers.

(c)the requirements for examination and training of underground storage tank system installers and inspectors;

(d)the requirements for qualifications of inspectors, use of inspectors, and methods for conducting an inspection. The department shall adopt separate qualifications for installers and inspectors.

(e)a schedule of fees for obtaining licenses and license renewals by underground storage tank system installers and inspectors;

(f)a schedule of fees for the review of applications for underground storage tank system permits;

(g)a schedule of fees for inspection of installations or closures; and

(h)the mechanism for remittance of inspection or permitting fees to local governments.

(2)Licensed inspectors employed by a local government unit designated pursuant to 75-11-213 or 75-11-505 and associated rules are exempt from the licensing fees described in this section.