# Mont. Code Ann. § 75-11-308: 75-11-308 Eligibility > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-308 ## Section - **Citation:** Mont. Code Ann. § 75-11-308 - **Heading:** 75-11-308 Eligibility - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 75 / Chapter 11 / Part 3 / Section 75-11-308 ## Text 75-11-308 . Eligibility. (1) An owner or operator is eligible for reimbursement for the applicable percentage as provided in 75-11-307 (4)(a) and (4)(b) of eligible costs caused by a release from a petroleum storage tank only if: (a) the release was discovered on or after January 1, 1984; (b) the release occurred from: (i) an underground storage tank, as defined in 75-11-503 , that was in compliance with 75-11-509 at the time that the release was discovered; (ii) a petroleum storage tank, as defined in 75-11-302 , that was in compliance with the applicable state and federal laws and rules that the board determines pertain to the prevention and mitigation of a petroleum release from a petroleum storage tank at the time that the release was discovered; or (iii) an underground storage tank, as defined in 75-11-503 , that the board determines was unknown to both the property owner and the department prior to its discovery if the owner applies to the department for a closure permit in accordance with 75-11-212 within 30 days of the date upon which the owner first had knowledge of the tank and closes the tank in accordance with the requirements of the permit before the permit expires; and (c) the release was an accidental release. (2) An owner or operator is not eligible for reimbursement from the petroleum tank release cleanup fund for expenses caused by releases from the following petroleum storage tanks: (a) a tank located at a refinery or a terminal of a refiner; (b) a tank located at an oil and gas production facility; (c) a tank that is or was previously under the ownership or control of a railroad, except for a tank that was operated by a lessee of a railroad in the course of nonrailroad operations; (d) a tank belonging to the federal government; (e) a tank owned or operated by a person who has been convicted of a substantial violation of state or federal law or rule that relates to the installation, operation, or management of petroleum storage tanks; or (f) a mobile storage tank used to transport petroleum or petroleum products from one location to another. ## Nearby sections - [Mont. Code Ann. § 75-11-301 75-11-301 Intent, findings, and purposes](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-301.md) - [Mont. Code Ann. § 75-11-302 75-11-302 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-302.md) - [Mont. Code Ann. § 75-11-307 75-11-307 Reimbursement for expenses caused by release](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-307.md) - [Mont. Code Ann. § 75-11-308 75-11-308 Eligibility](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-308.md) - [Mont. Code Ann. § 75-11-309 75-11-309 Procedures for reimbursement of eligible costs -- corrective action plans](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-309.md) - [Mont. Code Ann. § 75-11-310 75-11-310 Procedures for reimbursement of preventative measures](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-310.md) - [Mont. Code Ann. § 75-11-312 75-11-312 Review of corrective action plans and claims](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-312.md) - [Mont. Code Ann. § 75-11-313 75-11-313 Petroleum tank release cleanup fund](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-313.md) - [Mont. Code Ann. § 75-11-314 75-11-314 Petroleum storage tank cleanup fee -- collection -- penalties -- warrant for distraint -- statute of limitations](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-314.md) - [Mont. Code Ann. § 75-11-315 75-11-315 Nonimpairment by state](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-315.md) - [Mont. Code Ann. § 75-11-318 75-11-318 Powers and duties of board](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-318.md) - [Mont. Code Ann. § 75-11-319 75-11-319 Rulemaking authority -- department and department of transportation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-319.md) - [Mont. Code Ann. § 75-11-320 75-11-320 Other authorities unaffected](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-320.md) - [Mont. Code Ann. § 75-11-321 75-11-321 Criminal penalties](https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-321.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T75_C11_P3_S75-11-308. Check the current official text before relying on it. Not legal advice.