reglab/housing_qa huggingface dataset:
MT Code § 82-4-340 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-340. Successor operator

  82-4-340. (Temporary) Successor operator. (1) When one operator succeeds to the interest of another in any uncompleted operation by sale, assignment, lease, or otherwise, the department may release the first operator from the duties imposed upon the operator by this part, provided that both operators comply with the requirements of this part and the successor operator assumes the duty of the former operator to complete the reclamation of the land, in which case the department shall transfer the permit to the successor operator upon approval of the successor operator's bond as required under this part.   (2) For an operation with a forfeited bond where the department holds a suspended permit pursuant to 82-4-341(8), the department may transfer the permit to a successor operator provided that the successor operator:   (a) complies with the requirements of this part; and   (b) assumes the duty of the former operator to complete reclamation and submits:   (i) any additional bond required under 82-4-338; and   (ii) a $2,000 fee. (Terminates June 30, 2026--sec. 6, Ch. 458, L. 2019.)   82-4-340. (Effective July 1, 2026) Successor operator. When one operator succeeds to the interest of another in any uncompleted operation by sale, assignment, lease, or otherwise, the department may release the first operator from the duties imposed upon the operator by this part as to such operation, provided that both operators have complied with the requirements of this part and the successor operator assumes the duty of the former operator to complete the reclamation of the land, in which case the department shall transfer the permit to the successor operator upon approval of the successor operator's bond as required under this part.   History: En. Sec. 10, Ch. 252, L. 1971; amd. Sec. 6, Ch. 281, L. 1974; amd. Sec. 1, Ch. 427, L. 1977; R.C.M. 1947, 50-1210(3); amd. Sec. 6, Ch. 453, L. 1985; amd. Sec. 395, Ch. 418, L. 1995; amd. Sec. 2, Ch. 458, L. 2019.
MT Code § 82-4-344 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-344. through 82-4-348 reserved

  82-4-344 through 82-4-348 reserved.
MT Code § 82-4-349 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-349. Limitations of actions -- venue

  82-4-349. Limitations of actions -- venue. (1) Legal actions seeking review of a department decision granting or denying an exploration license or operating permit issued under this part must be filed within 90 days after the decision is made. Summons must be issued and process served on all defendants within 60 days after the action is filed.   (2) An action to challenge the issuance of a license or permit pursuant to this part must be brought in the county in which the exploration or permitted activity is proposed to occur. If an activity is proposed to occur in more than one county, the action may be brought in any of the counties in which the exploration or activity is proposed to occur.   (3) A judicial challenge to an exploration license or operating permit issued pursuant to this part by a party other than the license or permitholder or applicant must include the party to whom the license or permit was issued unless otherwise agreed to by the license or permitholder or applicant. All judicial challenges of licenses or permits for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.   History: En. Sec. 1, Ch. 472, L. 1993; amd. Sec. 398, Ch. 418, L. 1995; amd. Sec. 7, Ch. 507, L. 1999; amd. Sec. 32, Ch. 361, L. 2003; amd. Sec. 16, Ch. 337, L. 2005.
MT Code § 82-4-350 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-350. Award of costs and attorney fees

  82-4-350. Award of costs and attorney fees. When issuing a final order in an action challenging the grant or denial of an exploration license or operating permit issued under this part, the court may award costs of litigation, including reasonable attorney and expert witness fees, to a prevailing or substantially prevailing party whenever, in its discretion, the court determines an award is appropriate.   History: En. Sec. 2, Ch. 472, L. 1993.
MT Code § 82-4-351 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-351. Reasons for denial of permit

  82-4-351. Reasons for denial of permit. (1) An application for a permit or an application for an amendment to a permit may be denied for the following reasons:   (a) the plan of operation or reclamation conflicts with Title 75, chapter 2, as amended, Title 75, chapter 5, as amended, Title 75, chapter 6, as amended, or rules adopted pursuant to these laws;   (b) the reclamation plan does not provide an acceptable method for accomplishment of reclamation as required by this part.   (2) A denial of a permit must be in writing, state the reasons for denial, and be based on a preponderance of the evidence.   History: En. Sec. 14, Ch. 252, L. 1971; R.C.M. 1947, 50-1214; amd. Sec. 1, Ch. 174, L. 1979; amd. Sec. 7, Ch. 453, L. 1985; amd. Sec. 6, Ch. 472, L. 1993.
MT Code § 82-4-352 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-352. Reapplication with new reclamation plan

  82-4-352. Reapplication with new reclamation plan. A permit may be denied and returned to the applicant with a request that the application be resubmitted with a different plan for reclamation. The person making application for a permit may then resubmit to the department a new plan for reclamation.   History: En. Sec. 15, Ch. 252, L. 1971; R.C.M. 1947, 50-1215; amd. Sec. 399, Ch. 418, L. 1995.
MT Code § 82-4-353 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-353. Administrative remedies -- notice -- appeals -- parties

  82-4-353. (Temporary) Administrative remedies -- notice -- appeals -- parties. (1) Upon receipt of an application for an operating permit, the department shall provide notice of the application by publication in a newspaper of general circulation in the area to be affected by the operation. The notice must be published once a week for 3 successive weeks.   (2) An applicant for a permit or license or for an amendment or revision to a permit or license may request a hearing on a denial of the application by submitting a written request for a hearing within 30 days of receipt of written notice of the denial. The request must state the reason that the hearing is requested.   (3) All hearings and appeals under 82-4-337(4), 82-4-338(3)(b), 82-4-341(7) and (9), 82-4-361, 82-4-362, and subsection (2) of this section must be conducted by the board in accordance with the Montana Administrative Procedure Act. Any person whose interests may be adversely affected as a result of an action taken pursuant to this part may become a party to any proceeding held under this part upon a showing that the person is capable of adequately representing the interests claimed.   (4) As used in this section, "person" means any individual, corporation, partnership, or other legal entity. (Terminates June 30, 2026--sec. 6, Ch. 458, L. 2019.)   82-4-353. (Effective July 1, 2026) Administrative remedies -- notice -- appeals -- parties. (1) Upon receipt of an application for an operating permit, the department shall provide notice of the application by publication in a newspaper of general circulation in the area to be affected by the operation. The notice must be published once a week for 3 successive weeks.   (2) An applicant for a permit or license or for an amendment or revision to a permit or license may request a hearing on a denial of the application by submitting a written request for a hearing within 30 days of receipt of written notice of the denial. The request must state the reason that the hearing is requested.   (3) All hearings and appeals under 82-4-337(4), 82-4-338(3)(b), 82-4-341(7) and (8), 82-4-361, 82-4-362, and subsection (2) of this section must be conducted by the board in accordance with the Montana Administrative Procedure Act. Any person whose interests may be adversely affected as a result of an action taken pursuant to this part may become a party to any proceeding held under this part upon a showing that the person is capable of adequately representing the interests claimed.   (4) As used in this section, "person" means any individual, corporation, partnership, or other legal entity.   History: En. Sec. 16, Ch. 252, L. 1971; amd. Sec. 9, Ch. 281, L. 1974; amd. Sec. 1, Ch. 313, L. 1975; amd. Sec. 2, Ch. 427, L. 1977; R.C.M. 1947, 50-1216; amd. Sec. 12, Ch. 79, L. 2001; amd. Sec. 6, Ch. 410, L. 2011; amd. Sec. 4, Ch. 458, L. 2019.
MT Code § 82-4-354 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-354. Mandamus to compel enforcement

  82-4-354. Mandamus to compel enforcement. (1) A person having an interest that is or may be adversely affected, with knowledge that a requirement of this part or a rule adopted under this part is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule, may bring the failure to the attention of the public officer or employee by an affidavit stating the specific facts of the failure. Knowingly making false statements or charges in the affidavit subjects the affiant to penalties prescribed for false swearing, as provided in 45-7-202.  (2) If the public officer or employee neglects or refuses for an unreasonable time after receipt of the affidavit to enforce the requirement or rule, the affiant may bring an action of mandamus in the district court of the first judicial district or in the district court of the county in which the land is located. If the court finds that a requirement of this part or a rule adopted under this part is not being enforced, it shall order the public officer or employee to perform the duties. If the officer or employee fails to do so, the public officer or employee must be held in contempt of court and is subject to the penalties provided by law.   (3) A person having an interest that is or may be adversely affected may commence a civil action to compel compliance with this part against a person for the violation of this part or any rule, order, or permit issued under it. However, an action may not be commenced:   (a) prior to 60 days after the plaintiff has given notice in writing to the department and to the alleged violator; or   (b) if the department has commenced and is diligently prosecuting a civil action to require compliance with the provisions of this part or any rule, order, or permit issued under it. A person having an interest that is or may be adversely affected may intervene as a matter of right in the civil action.   (4) Legal actions under subsection (3)(a) must be brought in the district court of the county in which the alleged violation occurred.   (5) Nothing in this section restricts any right of any person under any statute or common law to seek enforcement of this part or the rules adopted under it or to seek any other relief.   History: En. Sec. 4, Ch. 345, L. 1985; amd. Sec. 1, Ch. 535, L. 1997; amd. Sec. 48, Ch. 535, L. 2021.
MT Code § 82-4-355 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-355. Action for damages to water supply -- replacement

  82-4-355. Action for damages to water supply -- replacement. (1) An owner of an interest in real property who obtains all or part of the owner's supply of water for beneficial uses, as defined in 85-2-102, from an underground source other than a subterranean stream having a permanent, distinct, and known channel may sue the operator engaged in an operation for which a license is required pursuant to 82-4-332 or for which a permit is required pursuant to 82-4-335 to recover damages for loss in quality or quantity of the water supply resulting from mining or exploration. The owner is required to exhaust the administrative remedy under subsection (2) prior to filing suit.   (2) (a) An owner described in subsection (1) may file a complaint with the department detailing the loss in quality or quantity of water. Upon receipt of a valid complaint, the department:   (i) shall investigate the statements and charges in the complaint using all available information, including monitoring data gathered at the exploration or mine site;   (ii) may require the operator, if necessary, to install monitoring wells or other practices that may be needed to determine the cause of water loss, if there is a loss, in terms of quantity and quality;   (iii) shall issue a written finding specifying the cause of the water loss, if there is a loss, in terms of quantity and quality;   (iv) shall, if it determines that the preponderance of evidence indicates that the loss is caused by an exploration or mining operation, order the operator, in compliance with Title 85, chapter 2, to provide the needed water immediately on a temporary basis and within a reasonable time replace the water in like quality, quantity, and duration. If the water is not replaced, the department shall order the suspension of the operator's exploration or operating permit until the operator provides substitute water, except that nothing in this section preempts the application of Title 85, chapter 2. The operator may not be required to replace a junior right if the operator's withdrawal or dewatering is not in excess of the operator's senior right.   (b) If the department determines that there is a great potential that surface or subsurface water quality and quantity may be adversely affected by a mining or exploration operation, the operator shall install a water quality monitoring program or a water quantity monitoring program, or both, which must be approved by the department prior to the commencement of exploration or mining.   History: En. Sec. 5, Ch. 345, L. 1985; amd. Sec. 8, Ch. 637, L. 1991; amd. Sec. 2734, Ch. 56, L. 2009.
MT Code § 82-4-356 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-356. Action in response to complaints related to use of explosives

  82-4-356. Action in response to complaints related to use of explosives. (1) An owner of an interest in real property or an individual who resides within an area subject to property damage or safety hazards related to the use of explosives by any person subject to the provisions of this part may file a complaint with the department, describing the alleged property damage or safety hazards. The complainant shall provide credible evidence to the department to substantiate allegations of property damage or safety hazards.   (2) Upon receipt of a complaint, the department:   (a) shall investigate the statements and charges in the complaint, using all available information, including mine or exploration blasting records and other data obtained through an examination of the dwelling, structure, or site identified in the complaint;   (b) may conduct tests and make measurements, including reasonable efforts to replicate conditions that may have caused property damage or safety hazards, and may require the allegedly responsible person to cooperate as necessary to investigate the complaint;   (c) shall issue a written finding specifying the cause of any property damage or safety hazards that are validated by the investigation; and   (d) shall, if it determines that the preponderance of evidence indicates that property damage or safety hazards are or were caused by exploration or mining activities, order the responsible person to make changes in the use of explosives or other appropriate mitigation to alleviate property damage or safety hazards.   History: En. Sec. 1, Ch. 443, L. 1989.
MT Code § 82-4-357 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-357. Abatement of environmental emergencies

  82-4-357. Abatement of environmental emergencies. (1) Whenever an environmental emergency exists, as determined by the department, at an active, temporarily abandoned, or permanently abandoned exploration, mining, ore processing, or hard-rock mill site, the department may enter the site and may apply for and, if approved by the governor, use the funds in the environmental contingency account created in 75-1-1101 to abate the situation on either a temporary or a permanent basis, or both.   (2) The department may bring an action against the operator to recover the abatement costs in the district court of the first judicial district in Lewis and Clark County. Nothing in this section affects the right of the department to retain or pursue forfeiture of any bond posted pursuant to 82-4-338. Expenditures from the environmental contingency account that are recovered under this subsection must be deposited in the environmental contingency account.   History: En. Sec. 9, Ch. 637, L. 1991.
MT Code § 82-4-358 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-358. and 82-4-359 reserved

  82-4-358 and 82-4-359 reserved.
MT Code § 82-4-360 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-360. When activity prohibited -- exception

  82-4-360. When activity prohibited -- exception. (1) Except as provided in subsection (2), a person may not conduct mining or exploration activities in this state if that person or any firm or business association of which that person was a principal or controlling member had a bond forfeited under this part, if the department otherwise received proceeds from a surety to perform reclamation on that person's behalf, or if the person's surety completed reclamation on the person's behalf.   (2) A person described in subsection (1) may apply for an operating permit or an exploration license or may conclude a written agreement under 82-4-305 if:   (a) that person pays to the department:   (i) the full amount of the necessary expenses incurred by the department under 82-4-341(6) for reclamation of the area for which the bond was forfeited;   (ii) the full amount of any penalties assessed under this part; and   (iii) interest on the expenses incurred and penalties assessed at the rate of 6% a year; and   (b) the person demonstrates and the department determines that the person has remedied the conditions that led to the bond forfeiture or receipt of the bond proceeds and that those conditions no longer exist.   History: En. Sec. 7, Ch. 93, L. 1989; amd. Sec. 400, Ch. 418, L. 1995; amd. Sec. 296, Ch. 42, L. 1997; amd. Sec. 9, Ch. 488, L. 2001.
MT Code § 82-4-362 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-362. Suspension of permits -- hearing

  82-4-362. Suspension of permits -- hearing. (1) If any of the requirements of this part, of the rules adopted under this part, or of a license or permit has not been complied with, the department shall serve a notice of violation on the licensee or permittee or, if necessary, the director shall order the suspension of the license or permit. A license or permit may also be suspended for failure to comply with an order to pay a civil penalty if the order is not subject to administrative or judicial review. The director may order immediate suspension of a license or permit whenever the director finds that a violation of this part, of the rules adopted under this part, or of a license or permit is creating an imminent danger to the health or safety of persons outside the permit area. The notice or order must be handed to the licensee or permittee in person or served on the licensee or permittee by certified mail addressed to the permanent address shown on the application for a license or permit. The notice of violation or order of suspension must specify the provision of this part, the rules adopted under this part, or the license or permit violated and the facts alleged to constitute the violation and must, if the violation has not been abated, order abatement within a specified time period.   (2) If the licensee or permittee has not complied with the requirements set forth in the notice of violation or order of suspension within the time limits set in the notice or order, the license or permit may be revoked by order of the department and the performance bond forfeited to the department. The notice of violation or order of suspension must state when those measures may be undertaken and must give notice of the opportunity for a hearing before the board. A hearing may be requested by submitting a written request stating the reason for the request to the board within 30 days after receipt of the notice or order. If a hearing is requested within the 30-day period, the license or permit may not be revoked and the bond may not be forfeited until a final decision is made by the board.   (3) If a permittee fails to pay the fee or file the report required under 82-4-339, the department shall serve notice of this failure, by certified mail or personal delivery, on the permittee. If the permittee does not comply within 30 days of receipt of the notice, the director shall suspend the permit. The director shall reinstate the permit upon compliance.   History: En. 50-1225 by Sec. 12, Ch. 281, L. 1974; R.C.M. 1947, 50-1225; amd. Sec. 2, Ch. 284, L. 1985; amd. Sec. 6, Ch. 93, L. 1989; amd. Sec. 3, Ch. 283, L. 1991; amd. Sec. 7, Ch. 598, L. 1993; amd. Sec. 5, Ch. 204, L. 1995; amd. Sec. 401, Ch. 418, L. 1995; amd. Sec. 14, Ch. 79, L. 2001.
MT Code § 82-4-363 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-363. through 82-4-366 reserved

  82-4-363 through 82-4-366 reserved.
MT Code § 82-4-367 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-367. Long-term or perpetual water treatment permanent trust fund

  82-4-367. Long-term or perpetual water treatment permanent trust fund. (1) There is established a fund of the permanent fund type to pay exclusively for the cost to the state of long-term or perpetual water treatment at the Zortman and Landusky mine sites.   (2) The fund is financed with:   (a) funds transferred from the orphan share account pursuant to 75-10-743; and   (b) other sources of funding that the legislature or congress may from time to time provide.   (3) The fund must be invested by the board of investments pursuant to Title 17, chapter 6, part 2, and the earnings from the investment must be credited to the principal of the fund until the year 2018.   (4) The annual earnings on the fund for the year 2018 and for each succeeding year may be appropriated for the purposes of subsection (1).   (5) The principal of the fund must remain inviolate unless appropriated by a vote of two-thirds of the members of each house of the legislature. An appropriation of the principal may only be made for payment of the costs of long-term or perpetual water treatment at the Zortman and Landusky mine sites.   History: En. Sec. 1, Ch. 278, L. 2005.
MT Code § 82-4-368 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-368. through 82-4-370 reserved

  82-4-368 through 82-4-370 reserved.