Claims for Reimbursement
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. The Claim for Reimbursement (Form 3) - Corrective Action form must be completed and submitted. Complete instructions are available on this web page, as well. The Petroleum Tank Release Compensation Board established a $500 minimum claim amount effective January 1, 2009, because of administrative costs of review and preparation of reimbursement payments. There are some exceptions to this policy which can be reviewed by following this link Minimum Claim Amount.
- Note: 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 (§75-11-307(2)(h), MCA). The date the Claim for Reimbursement – Corrective Action form is received by the Petroleum Tank Release Compensation Board is the date the 5 years is calculated from.
Third Party Bodily Injury or Property Damage Claims - All claims for reimbursement of third-party damages must be filed with the board. The Claim for Reimbursement – Third Party Bodily Injury or Property Damages form must be completed and submitted. Complete instructions are included with the form. 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.
Expenses that are typically eligible may be found in §75-11-307(1), MCA and ARM 17.58.342(1).
Costs that are typically ineligible may be found in §75-11-307(2), MCA and ARM 17.58.342(2).
Claims for more that $25,000 must be presented at the bimonthly Petroleum Tank Release Compensation Board meetings for approval.
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.
