(1) Owners and operators must contain and immediately clean up a spill or overfill, immediately report the spill or overfill to the department pursuant to (3) or by another method that ensures that a person within the department receives notice within 24 hours of the release, and must begin corrective action in accordance with subchapter 6 in the following cases:
- (a) spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons, or that causes a sheen on nearby surface water; and
- (b) spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under 40 CFR Part 302.
- (2) Owners and operators must contain and immediately clean up a spill or overfill of petroleum that is less than 25 gallons and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within 24 hours, owners and operators must immediately notify the department.
- (3) Telephone notification required in (1) or (2) must be made to a person in the department or to the 24-hour Disaster and Emergency Services duty officer at (406) 324-4777. Messages left on answering machines, received by facsimile, e-mail, voice mail or other messaging device are not adequate 24-hour notice. For further assistance, the department's release reporting hotline may be reached at 1 (800) 457-0568.
Authorizing statute(s): 75-11-319, 75-11-505, MCA
Implementing statute(s): 75-11-309, 75-11-505, MCA
History: NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; AMD, 2004 MAR p. 1391, Eff. 6/18/04; AMD, 2011 MAR p. 234, Eff. 2/25/11; AMD, 2016 MAR p. 1694, Eff. 9/24/16.