75-11-310. (Effective January 1, 2026) Procedures for reimbursement of preventative measures. (1) Subject to the availability of money from the fund provided for in 75-11-307(6) and in accordance with rules adopted by the board, an owner or operator of a Montana facility that is actively dispensing petroleum must be reimbursed by the board for the following preventive measures:

(a) removal of inactive tanks;

(b) upgraded automatic tank gauges;

(c) piping replacements for single-walled product piping;

(d) replacement of single-wall steel tanks for underground tank systems that are 20 years old or older;

(e) replacement of single wall fiberglass reinforced plastic tanks that are 20 years old or older;

(f) underground storage tank removal investigations for aging tanks nearing 30 years old that have been in compliance; and

(g) preventative inspections, including compliance and walk-through inspections.

(2) The board shall reimburse an owner or operator up to $2,000 a facility every 1,000 days.

(3) (a) The owner or operator shall document in the manner required by the board all preventive measures and submit them for reimbursement to the board in the form and manner required by the board.

(b) The owner or operator shall submit one claim for all costs for the 1,000 days following the facility's last state-required compliance inspection. An owner or operator may submit only one claim every 1,000 days for a facility.

(c) The board may not consider claims for reimbursement submitted less than 1,000 days following the facility's last state-required compliance inspection.

(4) The board shall review and approve each request that meets the requirements of this section, inform the owner or operator of the approval, and reimburse the owner or operator from the fund.