(1) In the event of an emergency requiring immediate installation or closure of an underground storage tank system, the applicant may contact the department, provide the information required by ARM 17.56.1303 and explain the nature of the emergency and the consequences of non-issuance.   An emergency permit may be issued orally by the department and it will be valid for a maximum of 10 days.   Whenever an emergency permit is issued, the applicant shall pay the appropriate fees as provided in ARM 17.56.1304, and submit a completed permit application form to the department within 10 days of issuance of the emergency permit.

(2) If the department determines that an emergency exists under (1) and (3) of this rule and that the requirements of ARM 17.56.1303(2) have been satisfied, it must issue the permit in the manner provided by this rule and subject to any conditions imposed pursuant to this subchapter.

(3) For the purposes of this rule, an emergency is an imminent and substantial threat to the public health or safety or to the environment, including a threat to public health or safety or to the environment identified in a judicial order or an order of the department.