Corrective Action Claims
Upon completion of any portion of an approved corrective action plan, the owner/operator or remediation contractor acting on behalf of an owner or operator may submit a claim for corrective action costs.
Claim for Reimbursement - Corrective Action (Form 3):
Claims should be submitted upon completion of a task or tasks of a Department of Environmental Quality corrective action plan for a single petroleum release.
Request for Allocation of Cost to Co-Pay (Form 11) (§75-11-307(5), MCA):
This form can ONLY be used if you have received a grant or insurance reimbursement for PTRCB eligible costs. This request may be submitted to seek allocation of costs to the PTRCB co-pay requirement, as allowed by current law, as of April 24, 2015.
Third Party Claim for Reimbursement Form 3-T (§75-11-307)(1)(b), MCA):
Complete this form if a petroleum release from this facility has impacted a third party and the owner or operator of the facility is requesting reimbursement of compensation that has been paid to a third party for bodily injury or property damage. A separate claim must be submitted for each release. In addition, a separate claim must be submitted for each impacted third party. The Petroleum Tank Release Compensation Board may not reimburse for property damage until the corrective action is completed. Note: This form must be signed by the impacted third party and the owner or operator of the facility
Any owner or operator who is sued for damages resulting from a release shall notify the Board within one week of being served with a summons and complaint. The owner or operator shall also advise the Board if any insurer is defending him, and the name of such insurer.
Any owner or operator who, prior to litigation, enters into negotiations with a third party who claims to have been damaged by a release, or who receives a demand for payment of damages to a third party who claims to have been damaged by a release, shall notify the Board of such demand or negotiations.
The Board may review any settlement negotiations for the purposed of determining the dollar amount of bodily injury or property damages actually, necessarily, and reasonably incurred by third parties which, if paid by the defendant, would be considered eligible costs.
Complete instructions for these forms are available on our Forms web page and should be reviewed prior to completing or submitting a claim for reimbursement.
5-Year Rule (§75-11-307(2)(h), MCA): Expenses for work completed by or on behalf of the owner or operator more than 5 years prior to the owner’s or operator’s request for reimbursement may not be reimbursed. The date these forms are received by the Petroleum Tank Release Compensation Board is the date the 5 years is calculated from.
Eligible Expenses: Expenses that are typically eligible may be found in §75-11-307(1), MCA and ARM 17.58.342(1).
Ineligible Expenses: Costs that are typically ineligible may be found in §75-11-307(2), MCA and ARM 17.58.342(2).
- In order for a claim to receive reimbursement the claimed work must be part of a Department approved corrective action plan, and the corrective action plan must be obligated by the Board.
- The Fund reimburses the owner or operator for corrective action costs. An owner or operator may designate a person, including a grantor, as an agent to receive the reimbursement for eligible costs incurred by the person if the owner or operator remains legally responsible for all costs and liabilities incurred as a result of the release. If the owner wants to designate a person they shall complete a Designation of Representative (Form 5) and submit it to the Board.
- Claims for reimbursement for more than $25,000 must be approved by the Petroleum Tank Release Compensation Board at a regularly scheduled meeting unless the Board has directed the staff to reimburse claims associated with work plans the Board has reviewed.
- The Board has granted the staff the authority to reimburse claims less than or equal to $25,000 on weekly reimbursements. The Board will ratify the reimbursement at their next scheduled meeting; if a claim is not ratified by the Board, the claimant will be notified within 15 days.
- A site summary report which provides a list of the claims submitted and their status can be obtained from the Web site. Follow the status tool link under the Reimbursement menu of the navigation bar.