Montana Code 75-11-213. Inspection of installations and closures — fee
75-11-213. Inspection of installations and closures — fee. (1) After being issued a permit, an owner or operator may obtain an inspection by the department in lieu of obtaining the services of a licensed installer. The owner or operator shall provide timely notice to the department of the date and location of the underground storage tank system installation or closure and shall establish with the department the time when an inspection may be conducted.
Terms Used In Montana Code 75-11-213
- 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
- Inspector: means an individual who performs inspections of underground storage tank systems. See Montana Code 75-11-203
- Installer: means an individual who installs or closes underground storage tank systems. 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
- Operator: means a person in control of or having responsibility for the operation, maintenance, or management of an underground storage tank system. See Montana Code 75-11-203
- Owner: means a person who owns an underground storage tank system used for the storage, use, or dispensing of regulated substances. See Montana Code 75-11-203
- Person: means an individual, firm, trust, estate, partnership, company, association, corporation (whether organized for profit or not), city, town, local governmental entity, or any other governmental or private entity. See Montana Code 75-11-203
- Property: means real and personal property. See Montana Code 1-1-205
- 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
(2)An owner or operator may conduct an installation or closure under this section only if an inspector is present.
(3)An inspection fee must be paid by the owner or operator to the department to cover the costs associated with an inspection. The inspection is not considered complete until the owner or operator pays the fee.
(4)Department officials or local government officers, such as local health officers, sanitarians, local fire chiefs, or other persons designated or hired by the department, shall conduct inspections on behalf of the department.
(5)The department shall pay the person conducting an inspection on the department’s behalf, as provided in subsection (4), from the underground storage tank system license and permit account established in 75-11-227 up to 80% of any fee collected by the department for the inspection. When an inspection is conducted by an officer of a county or city, the payment must be made by the department to the appropriate county or city treasurer. A county or city shall use payments received under this section only for costs incurred in conducting inspections under this section.
(6)A copy of an installation inspection report must be kept on file by the owner or operator for as long as the department may require by rule. A copy of a closure inspection report must be kept by the owner or operator for 3 years after the date of closure.
(7)The department may enter and inspect the premises or any appurtenant property of an owner or operator at any time to ensure compliance with laws or rules pertaining to underground storage tank systems.