ARM 17.56.121. DETERMINATION OF ADMINISTRATIVE PENALTIES

(1) Administrative penalties assessed under these rules may not exceed $500 per day for each violation and may not be less than the minimum penalty prescribed in (2) of this rule. (2) For each violation, the department shall assess a penalty as provided in ARM 17.4.301 through 17.4.308, and allow the time for corrective action, specified in the table in this rule. Pursuant to 75-11-525(4) , MCA, the department may suspend a portion of the maximum administrative penalty based on the cooperation and degree of care exercised by the person assessed the penalty, how expeditiously the violation was corrected, and whether significant harm resulted to the public health or the environment from the violation. VIOLATION MAXIMUMPENALTY$ MINIMUMPENALTY$ VIOLATIONCORRECTABLE TIMEALLOWEDFORCORRECTION (a) Failure to notify the department of an UST system 300 150 yes 10 days (b) Failure to register an UST system 100 50 yes 10 days (c) Failure to report a suspected or confirmed release/spill within 24 hours 500 500 no not applicable (d) Failure to investigate or respond to a release 500 250 yes 15 days (e) Failure to temporarily or permanently close an UST system properly 500 250 yes 30 days (f) Failure to properly install an UST system 500 250 yes 30 days (g) Failure to install release detection or corrosion protection 500 250 yes 30 days (h) Failure to provide spill/overfill prevention equipment 500 250 yes 15 days (i) Failure to provide automatic line leak detection 500 250 yes 15 days (j) Failure to install properly designed and constructed UST system components 300 150 yes 45 days (k) Failure to perform release detection 300 150 yes 30 days (l) Failure to provide financial assurance 300 150 yes 30 days (m) Failure to maintain release detection or corrosion protection equipment 200 100 yes 30 days (n) Failure to provide required records within 48 hours of notice 100 100 no not applicable (o) Failure to maintain required records 100 50 yes 30 days (p) Failure to obtain a compliance inspection within the statutory time 500 250 no not applicable (q) Operating an UST without a valid operating permit 500 500 no not applicable (r) Failure to correct violations noted in a compliance inspection report within the time allowed by rule 500 250 yes 30 days (s) Failure to obtain a follow-up inspection after correcting violations noted in a compliance inspection report 500 100 yes 10 days (t) Failure to empty an UST that is not in compliance with rules related to release prevention and detection and corrosion protection in subchapters 2, 3 and 4 500 300 yes 15 days (u) Failure to notify of change of ownership 500 250 yes 15 days (v) Failure to file inspection report within 10 days of inspection 500 250 yes 10 days (3) Upon receipt of a written notice that corrective action required by the department has been completed, the department may suspend a portion of the administrative penalty. (4) To verify that corrective action has been completed, the department may inspect the site of the violation and any records regarding the corrective action. UST Systems: Design, Construction and Installation