1. (1) Upon confirmation of a release in accordance with ARM 17.56.504, or after a release from the PST or UST system is identified in any other manner, owners and operators, any person who installs or removes an UST, or who performs subsurface investigations for the presence of regulated substances, and any person who performs a tank tightness or line tightness test pursuant to ARM 17.56.407 or 17.56.408, must report releases to the department within the specified timeframes and in the following manner:

   1. (a) Except as provided in (1)(b), all confirmed releases must be reported to a person within the department or to the 24-hour Disaster and Emergency Services duty officer available at (406) 324-4777 within 24 hours of confirming the release. 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.

   2. (b) When a release is confirmed from laboratory analysis of samples collected from a site, the release must be reported to the department by a method that ensures the department receives the information within seven days of release confirmation. The date of release confirmation, for purposes of this rule, is the date the owner, operator, installer, remover, or person who performs subsurface investigations for the presence of regulated substances received notification of the sample results from the laboratory. Laboratory analytical results that exceed the following values confirm that a release has occurred:

      1. (i) risk-based screening levels (RBSLs) established for petroleum contaminants in surface soil at UST sites, published in the first numeric column of the Tier 1 Surface Soil RBSL Table (Table 1) of Montana Risk-based Corrective Action Guidance for Petroleum Releases (RBCA) for petroleum compounds and mixtures in surface and subsurface soil;
      2. (ii) regional screening levels published in the United States Environmental Protection Agency, Regional Screening Level (RSL) Table for contaminants in soil that are not listed in RBCA; or
      3. (iii) contaminant levels in water that exceed background levels in the receiving water.

Authorizing statute(s): 75-11-319, 75-11-505, MCA

Implementing statute(s): 75-11-309, 75-11-505, MCA

History: NEW, 2004 MAR p. 1391, Eff. 6/18/04; AMD, 2010 MAR p. 1502, Eff. 6/25/10; AMD, 2011 MAR p. 234, Eff. 2/25/11; AMD, 2017 MAR p. 186, Eff. 2/4/17.