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69th Legislature 2025 SB 46
- 1 - Authorized Print Version – SB 46
ENROLLED BILL
AN ACT REVISING REGISTRATION FEES FOR UNDERGROUND PETROLEUM OR HAZARDOUS
SUBSTANCE STORAGE TANKS; AMENDING SECTION 75-11-505, MCA; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 75-11-505, MCA, is amended to read:
"75-11-505. Administrative rules -- underground storage tanks -- petroleum mixing zones. (1)
The department may adopt, amend, or repeal rules for the prevention and correction of leakage from
underground storage tanks, including:
(a) reporting by owners and operators;
(b) financial responsibility;
(c) release detection, prevention, and corrective action;
(d) procedures and standards for the issuance, nonissuance, renewal, nonrenewal, modification,
revocation, suspension, and enforcement of permits authorizing the operation of underground storage tanks;
(e) standards for design, construction, installation, and closure;
(f) in collaboration with stakeholders, development of a schedule of annual fees, not to exceed
$108 $300 for a tank over 1,100 gallons and not to exceed $36 $100 for a tank 1,100 gallons or less, for each
tank, for tank registration to defray state and local costs of implementing an underground storage tank program.
The department may prorate fees to cover periods not equal to 12 months in order to provide staggered
scheduling of renewal dates.
(g) a system for assessment of administrative penalties, notice, and appeals under 75-11-525; and
(h) delegation of authority and funds to local agents for inspections and implementation. The
delegation of authority to local agents must complement and may not duplicate existing authority for
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69th Legislature 2025 SB 46
- 2 - Authorized Print Version – SB 46
ENROLLED BILL
implementation of rules adopted by the department of justice that relate to underground storage tanks.
(2) In accordance with 75-11-508, the department:
(a) shall adopt rules governing the inclusion of a petroleum mixing zone, as defined in 75-11-503,
in a corrective action plan; and
(b) may incorporate by reference rules adopted pursuant to 75-5-301 and 75-5-303 related to
mixing zones for ground water."
Section 2. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
SB 46, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 46
INTRODUCED BY J. ESP
BY REQUEST OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY
AN ACT REVISING REGISTRATION FEES FOR UNDERGROUND PETROLEUM OR HAZARDOUS
SUBSTANCE STORAGE TANKS; AMENDING SECTION 75-11-505, MCA; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.