Montana Code Annotated 2023

TITLE 75. ENVIRONMENTAL PROTECTION

CHAPTER 11. UNDERGROUND STORAGE TANKS

Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act

Definitions

75-11-203. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Board" means the board of environmental review provided for in 2-15-3502.

(2) "Closure" or "to close" means the process of properly removing or filling in place an underground storage tank that is no longer in service.

(3) "Department" means the department of environmental quality provided for in 2-15-3501.

(4) "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.

(5) "Inspector" means an individual who performs inspections of underground storage tank systems.

(6) (a) "Installation" or "to install" means the placement of an underground storage tank system, including excavation, tank placement, backfilling, and piping of underground portions of the underground storage tank system that store or convey regulated substances. Installation includes repair or modification of an underground storage tank system through such means as tank relining or the repair or replacement of valves, fillpipes, piping, vents, or in-tank liquid-level monitoring systems. Installation also means installation, repair, or modification of a leak detection device that is external to and not attached to the underground storage tank system and the installation, repair, or modification of a cathodic protection system.

(b) The terms do not include the process of conducting a precision (tightness) test to establish the integrity of the underground storage tank system.

(7) "Installer" means an individual who installs or closes underground storage tank systems.

(8) "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.

(9) "Licensed inspector" means an individual who holds a valid underground storage tank system inspector license.

(10) "Licensed installer" means an individual who holds a valid underground storage tank system installer license.

(11) "Operator" means a person in control of or having responsibility for the operation, maintenance, or management of an underground storage tank system.

(12) "Owner" means a person who owns an underground storage tank system used for the storage, use, or dispensing of regulated substances.

(13) "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.

(14) "Regulated substance" means a regulated substance as defined in 75-11-503.

(15) "Underground storage tank" or "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.

History: En. Sec. 3, Ch. 594, L. 1989; amd. Sec. 2, Ch. 200, L. 1993; amd. Sec. 211, Ch. 418, L. 1995; amd. Secs. 533, 568, Ch. 546, L. 1995; amd. Sec. 32, Ch. 112, L. 1997; amd. Sec. 3, Ch. 506, L. 1999.