(1) Upon receipt of a completed permit
application and the fees required by ARM 17.56.1304 or 17.56.1309 for the
installation or closure of an underground storage tank system, the department
shall review the application and determine whether the proposed installation or
closure meets the criteria for approval in (2) .
(2) A permit must be issued by the department upon its determination that the proposed installation or
closure will:
(a) comply with applicable statutes and rules of the department;
(b) comply with state law and rules governing disposal of the tank system components and tank contents;
and
(c) be conducted in such a place and manner as to protect the environment, and the public's health, welfare and
safety.
(3) A permit issued to an applicant under this rule must state:
(a) the name of the owner or operator to whom the permit is issued;
(b) the address or location of the site at which the installation or closure may be conducted;
(c) the date(s) when the installation or closure is to be conducted;
(d) whether the installation or closure will be conducted by a licensed installer and, if so,
the name and license number of the installer;
(e) whether the installation or closure will be inspected by the department or a local
inspector and, if so, the name of the inspector; and
(f) any special conditions
necessary to ensure compliance with (2) .
(4) If the installation or
closure is conducted by a licensed installer, the licensed installer must sign
and return a copy of the permit to the department within 30 days of the
installation or closure. If the installation or closure is conducted by the
owner or operator with an on-site installation or closure inspector, the owner
or operator must sign and return a copy of the permit together with any
compliance checklist or other documents included with the permit to the
department within 30 days of the installation or closure. The signee must
certify that the installation or closure was conducted in accordance with
applicable statutes and rules and any conditions of the permit.
(5) The permit must be kept
at the installation or closure site during all phases of the installation or
closure.
(6) If the department deems
it necessary to protect public health or the environment, the department may
require any installation to be inspected by a department inspector or a local
government licensed installation or closure inspector. Whenever this occurs,
the fee must be paid by the owner, operator, installer, or any other person who
made the inspection necessary.
(7) A permit issued by the
department under this rule or under ARM 17.56.1306 is issued subject to the
accuracy of the information provided by the applicant in the permit
application, the information stated or referenced on the permit pursuant to
(3) , compliance with all applicable statutes and rules and any conditions
applied by the department. Any installation or closure not conducted in
accordance with any information, condition(s) , statute or rule will be
considered to be conducted without a permit, and in violation of the law.
(8) Upon issuance of a
permit, the department shall forward a copy of the permit to any local
inspector conducting an inspection of the installation or closure for which the
permit was issued.
(9) Unless extended in
writing by the department, permit is valid for six months from the date of
issuance.
(10) The owner or operator
shall keep a copy of the signed permit at the place where the installation or
closure was conducted or at the owner or operator's place of business if that
place is different from the installation or closure location and copies cannot
safely be kept at the location of the installation or closure. The copy of the
permit must be kept for as long as the tank system is used to store a regulated
substance in the same location, or for at least three years after a closure is
completed at that site.
(11) A permit issued under
this subchapter is non-transferable.