PTRCB Structure and Fixture Costs Policy
Effective: March 13, 2000
Presiding Officer: Tim Hornbacher
Purpose: To establish guidelines to be followed by Board staff pertaining to a recommendation
for reimbursement of the corrective action costs associated with removal, repair or replacement of
structures (buildings, flooring, etc.) and fixtures (excluding petroleum storage tank systems).
The Board determined on January 18, 2000, that effective March 13, 2000, the Petroleum Tank Release
Compensation Fund Board staff will not recommend reimbursement for any costs associated with the removal,
repair or replacement of structures and fixtures (signs, canopy, dispensers, etc) unless:
- Prior approval for removal, repair or replacement of structures and fixtures is granted by the Board.
- The costs for removal, repair or replacement of the structures and fixtures must be
approved in the written review of the corrective action plan following a complete review
by the Board Staff.
- The Board Staff must establish structure and fixture removal as the most cost
effective corrective action to bring about cleanup of contamination.
- Board Staff must conduct an evaluation of the effectiveness of viable alternative source control
methods prior to seeking Board approval for structure removal.
- Reimbursement of costs for replacement or repair of structures and fixtures will not include
improvements that add substantial value to the original structure or fixtures.
- An owner or operator must obtain a fixed cost bid for the structure and fixture removal, repair
or replacement costs.
Note: In controversial cases, prior approval of the corrective action my be evaluated by the Board.
References:
§75-11-307, MCA - Reimbursement for expenses caused by a release.
§75-11-309, MCA – Procedures for reimbursement of eligible costs.
ARM 17.58.338(1) – Review of Corrective Action Plan.
