(1) The
director shall require the guarantor,
surety, or institution issuing a letter of credit to place the amount of funds
stipulated by the
director, up to the limit of funds provided by the financial
assurance mechanism, into the standby trust if:
(a)
(i) the
owner or operator fails to establish alternate financial assurance within 60
days after receiving notice of cancellation of the guarantee, surety bond,
letter of credit, or, as applicable, other financial assurance mechanism;
and
(ii) the director determines or
suspects that a release from an underground storage tank covered by the
mechanism has occurred and so notifies the owner or operator or the owner or
operator has notified the director pursuant to subchapters 5 or 6 of a release
from an underground storage tank covered by the mechanism; or
(b) the conditions of (2) (a) or
(2) (b) (i) or (ii) of this rule are satisfied.
(2) The
director may draw on a standby trust
fund when:
(a) the director makes a final
determination that a release has occurred and immediate or long-term corrective
action for the release is needed, and the owner or operator, after appropriate
notice and opportunity to comply, has not conducted corrective action as
required under ARM Title 17, chapter 56, subchapter 6; or
(b) the
director has received either:
(i) certification from the
owner or
operator
and the third-party liability claimant(s) and from attorneys representing the
owner or
operator and a third-party liability claim should be paid. The
certification must be worded as follows, except that instruction in brackets
are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as principals and as legal representatives
of [insert owner or operator] and [insert name and address of third-party
claimant], hereby certify that the claim of bodily injury [and/or] property
damage caused by an accidental release arising from operating [owner's or
operator's] underground storage tank should be paid in the amount of
$[_____].
[Signatures]
Owner or Operator
Attorney for Owner or Operator
(Notary)
[Signature(s) ]
Claimant(s)
Attorney(s) for Claimant(s)
(Notary) Date
(ii) A valid final court order establishing a
judgment against the owner or operator for bodily injury or property damage
caused by an accidental release from an underground storage tank covered by
financial assurance under this subchapter and the director determines that the
owner or operator has not satisfied the judgment.
(3) If the director determines
that the amount of corrective action costs and third-party liability claims
eligible for payment under (2) may exceed the balance of the standby trust fund
and the obligation of the provider of financial assurance, the first priority
for payment shall be corrective action costs necessary to protect human health
and the environment. The director shall pay third-party liability claims in the
order in which the director receives certifications under (2)(b)(i), and valid
court orders under (2)(b)(ii).
Notes
Mont. Admin. R.
17.56.824
NEW, 1989 MAR p. 1912,
Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; AMD, 2007 MAR p. 1189, Eff.
8/24/07.
75-11-505, MCA; IMP,
75-11-505,
MCA;