reglab/housing_qa huggingface dataset:
MT Code § 82-4-373 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-373. and 82-4-374 reserved

  82-4-373 and 82-4-374 reserved.
MT Code § 82-4-375 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-375. Engineer of record -- duties

  82-4-375. Engineer of record -- duties. (1) An operator with an existing tailings storage facility shall provide the department with written designation of an engineer of record, including contact information, within 180 days after October 1, 2015.   (2) An application for a permit pursuant to 82-4-335 or an amendment that will include a tailings storage facility must include the designation of an engineer of record and contact information.   (3) The engineer of record may not be an employee of an operator or permit applicant. The engineer of record shall:   (a) review designs and other documents pertaining to tailings storage facilities required by this part;   (b) certify and seal designs or other documents pertaining to tailings storage facilities submitted to the department;   (c) complete an annual inspection of the tailings storage facility as required in 82-4-381;   (d) notify the operator when credible evidence indicates the tailings storage facility is not performing as intended; and   (e) immediately notify the operator and the department when credible evidence indicates that a tailings storage facility presents an imminent threat or a high potential for imminent threat to human health or the environment.   (4) The engineer of record, operator, or permit applicant shall notify the department in writing if there is a change in the engineer of record.   (5) If the operator or permit applicant does not designate an engineer of record or replace an engineer of record within 90 days of receipt of notification that the engineer is no longer the engineer of record, the department shall order suspension of the deposition of tailings until an engineer of record is established pursuant to this section.   History: En. Sec. 4, Ch. 399, L. 2015.
MT Code § 82-4-377 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-377. Independent review panel -- selection -- duties

  82-4-377. Independent review panel -- selection -- duties. (1) An independent review panel shall review the design document required by 82-4-376.   (2) The operator or permit applicant shall select three independent review engineers to serve on the panel and shall submit those names to the department. The department may reject any proposed panelists. If the department rejects a proposed panelist, the operator or permit applicant shall continue to select independent review engineers as panelists until three panelists are approved by the department.   (3) An independent review engineer may not be an employee of:   (a) an operator or permit applicant; or   (b) the design consultant, the engineer of record, or the constructor.   (4) The operator or permit applicant shall contract with panel members, process invoices, and pay costs.   (5) A representative of the department and a representative of the operator or permit applicant may participate on the panel, but they are not members of the panel and their participation is nonbinding on the review.   (6) The engineer of record is not a member of the panel but shall participate in the panel review.   (7) The operator or permit applicant shall provide each panel member with a hard copy and an electronic copy of the design document and other information requested by the panel.   (8) The panel shall review the design document, underlying analysis, and assumptions for consistency with this part. The panel shall assess the practicable application of current technology in the proposed design.   (9) The panel shall submit its review and any recommended modifications to the operator or permit applicant and the department. The panel's determination is conclusive. The report must be signed by each panel member.   (10) The engineer of record shall modify the design document to address the recommendations of the panel and shall certify the completed design document. The operator or permit applicant shall submit the final design document to the department pursuant to 82-4-376.   (11) For an expansion of a tailings storage facility for which the original design document was approved by the department, the operator shall make a reasonable effort to retain the previous panel members. To replace a panel member, the process in subsection (2) must be followed.   History: En. Sec. 6, Ch. 399, L. 2015.
MT Code § 82-4-378 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-378. Quality assurance during construction

  82-4-378. Quality assurance during construction. (1) An operator constructing a new or expanded tailings storage facility shall:   (a) when indicated by the construction management plan, engage a professional engineer or other oversight specified in the plan to implement the construction management plan specified in the final design document. The professional engineer must be an employee of the engineer of record or an employee of the design firm represented by the engineer of record but may not be an employee of the constructor or the operator.   (b) ensure the collection of all records, including as-built plans and specifications, necessary to demonstrate that the tailings storage facility is constructed as specified in the final design document;   (c) when indicated by the construction management plan, secure a certification from the professional engineer for the records generated by the implementation of the quality assurance monitoring as specified in the final design document; and   (d) submit to the department the records collected during the quality assurance monitoring specified in the approved design document for all tailings storage facility construction conducted during a calendar year in the annual report required by the facility's operating permit or an independent submittal at the completion of the construction activity.   (2) After an appropriate investigation and consultation with the operator, the department shall, pursuant to 82-4-362, order the suspension of tailings storage facility construction activities if credible evidence is observed, submitted, or otherwise obtained that construction activities are not being conducted as specified in the design document.   History: En. Sec. 7, Ch. 399, L. 2015.
MT Code § 82-4-380 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-380. Periodic review required

  82-4-380. Periodic review required. (1) At least once every 5 years following department approval of a design document pursuant to 82-4-376 during mining, or as required in a reclamation plan approved pursuant to 82-4-336, the operator shall assemble a panel in accordance with the panel requirements in 82-4-377. A reasonable effort must be made to retain previous panel members.   (2) The panel shall:   (a) inspect the tailings storage facility;   (b) review the tailings operation, maintenance, and surveillance manual and records collected in association with the manual;   (c) interview people with responsibilities identified in the tailings operation, maintenance, and surveillance manual; and   (d) review annual engineer of record inspection reports, corrective action plans, records associated with construction, and any other aspect, plan, record, document, design, model, or report related to the tailings storage facility that the panel needs to review to ensure that the tailings storage facility is constructed, operated, and maintained as designed and is functioning, can be closed as intended, and meets acceptable engineering standards.   (3) The operator shall provide documents and records necessary for the panel to complete a periodic review.   (4) The panel shall prepare a report detailing the scope of review and include any recommendations resulting from the review.   (5) The panel shall immediately notify the department and the operator if there is an imminent threat to human health or the environment.   (6) The final review report must be signed by each panel member and provided to the department and the operator.   (7) The operator shall prepare a corrective action plan and schedule effectively implementing the recommendations included in the panel's report. The operator shall submit the corrective action plan and schedule to the panel within 60 days after receipt of the panel report.   (8) The panel shall review the corrective action plan and schedule to determine whether the corrective action plan and schedule proposed by the operator will effectively implement the recommendations included in the panel's report.   (9) Within 30 days after receipt of approval from the panel, the operator shall submit the corrective action plan with an implementation schedule to the department.   (10) Failure to implement the corrective action plan pursuant to the implementation schedule is subject to the provisions of 82-4-361 and 82-4-362.   History: En. Sec. 9, Ch. 399, L. 2015.
MT Code § 82-4-381 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-381. Annual inspections

  82-4-381. Annual inspections. (1) The engineer of record shall inspect a tailings storage facility annually during operation or as required during closure pursuant to a reclamation plan under 82-4-336.   (2) (a) The engineer of record shall prepare a report describing the scope of the inspection and actions recommended to ensure the tailings storage facility is properly operated and maintained.   (b) The engineer of record shall submit the report to the operator and the department and immediately notify the department and the operator if the tailings impoundment presents an imminent threat or the potential for an imminent threat to human health or the environment.   (3) (a) If the report contains recommendations, the operator shall prepare a corrective action plan implementing the recommendations of the engineer of record and an implementation schedule.   (b) The operator shall submit the corrective action plan and schedule to the engineer of record.   (c) The corrective actions proposed by the operator must reasonably be expected to effectively address the recommendations contained in the inspection report. The engineer of record shall verify the proposed corrective actions.   (d) The operator shall submit the corrective action plan verified by the engineer of record and the implementation schedule to the department within 120 days following the date of the inspection.   (e) The operator shall implement the corrective action plan pursuant to the implementation schedule.   (4) The department shall conduct inspections, review records, and take other actions necessary to determine if the tailings storage facility is being operated in a manner consistent with the approved design document and the tailings operation, maintenance, and surveillance manual.   (5) Failure to implement the corrective action plan and the implementation schedule or material deviations from the approved design document or the tailings operation, maintenance, and surveillance manual are subject to the provisions of 82-4-361 and 82-4-362.   History: En. Sec. 10, Ch. 399, L. 2015.
MT Code § 82-4-382 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-382. through 82-4-389 reserved

  82-4-382 through 82-4-389 reserved.
MT Code § 82-4-390 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited

  82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited. (1) Open-pit mining for gold or silver using heap leaching or vat leaching with cyanide ore-processing reagents is prohibited except as described in subsection (2).   (2) A mine described in this section operating on November 3, 1998, may continue operating under its existing operating permit or any amended permit that is necessary for the continued operation of the mine.   History: En. Sec. 1, I.M. No. 137, approved Nov. 3, 1998; amd. Sec. 1, Ch. 457, L. 1999.
MT Code § 82-4-401 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-401. Short title

  82-4-401. Short title. This part shall be known and may be cited as "The Opencut Mining Act".   History: En. Sec. 1, Ch. 326, L. 1973; R.C.M. 1947, 50-1501.
MT Code § 82-4-402 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-402. Intent, findings, and policy

  82-4-402. Intent, findings, and policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Opencut Mining Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.   (2) Because the extraction and use of opencut materials is important to the economy of this state, it is the policy of this state to provide for the reclamation and conservation of land subjected to opencut operations. Therefore, it is the purpose of this part:   (a) to preserve natural resources;   (b) to aid in the protection of wildlife and aquatic resources;   (c) to safeguard and reclaim through effective means and methods all agricultural, recreational, home, and industrial sites subjected to or that may be affected by opencut operations;   (d) to protect and perpetuate the taxable value of property through reclamation;   (e) to protect scenic, scientific, historic, or other unique areas; and   (f) to promote the health, safety, and general welfare of the people of this state.   History: En. Sec. 2, Ch. 326, L. 1973; amd. Sec. 2, Ch. 209, L. 1974; amd. Sec. 2, Ch. 235, L. 1974; R.C.M. 1947, 50-1502; amd. Sec. 1, Ch. 280, L. 1987; amd. Sec. 8, Ch. 507, L. 1999; amd. Sec. 1, Ch. 325, L. 2001; amd. Sec. 33, Ch. 361, L. 2003; amd. Sec. 2, Ch. 385, L. 2007.
MT Code § 82-4-404 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-404. Exemption -- operations covered by metal mine reclamation

  82-4-404. Exemption -- operations covered by metal mine reclamation. Nothing in this part may be construed to be applicable to mining or exploration operations which are regulated under the provisions of part 3 of this chapter.   History: En. Sec. 18, Ch. 326, L. 1973; amd. Sec. 29, Ch. 39, L. 1977; R.C.M. 1947, 50-1516.
MT Code § 82-4-405 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-405. Inapplicability to government

  82-4-405. Inapplicability to government. The provisions of this part relating to fees or bonds do not apply to the federal government or its agencies, the state of Montana, counties, cities, or towns.  History: En. 50-1516.1 by Sec. 1, Ch. 81, L. 1975; amd. Sec. 30, Ch. 39, L. 1977; R.C.M. 1947, 50-1516.1; amd. Sec. 10, Ch. 507, L. 1999; amd. Sec. 5, Ch. 477, L. 2009; amd. Sec. 3, Ch. 334, L. 2019; amd. Sec. 2, Ch. 428, L. 2021.
MT Code § 82-4-406 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-406. Exemption -- opencut operations on federal and state lands

  82-4-406. Exemption -- opencut operations on federal and state lands. This part is not applicable to operations on certain federal and state lands as specified by the department, provided it is first determined by the department that laws, regulations, or rules administered or issued by the federal or state agency administering or having jurisdiction over the affected land impose controls for opencut operations on those lands equal to or greater than those imposed by this part.  History: En. 50-1517 by Sec. 1, Ch. 219, L. 1975; amd. Sec. 31, Ch. 39, L. 1977; R.C.M. 1947, 50-1517; amd. Sec. 4, Ch. 385, L. 2007; amd. Sec. 105, Ch. 324, L. 2021.
MT Code § 82-4-407 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-407. through 82-4-420 reserved

  82-4-407 through 82-4-420 reserved.
MT Code § 82-4-421 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-421. Repealed

  82-4-421. Repealed. Sec. 18, Ch. 385, L. 2007.   History: En. Sec. 5, Ch. 326, L. 1973; amd. Sec. 18, Ch. 39, L. 1977; R.C.M. 1947, 50-1505; amd. Sec. 403, Ch. 418, L. 1995.
MT Code § 82-4-422 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-422. Powers, duties, and functions

  82-4-422. Powers, duties, and functions. (1) The department has the powers, duties, and functions to:  (a) issue permits when, on the basis of the information set forth in the application and an evaluation of the proposed opencut operations, the department finds that the requirements of this part and rules adopted to implement this part will be observed;   (b) amend permits in accordance with the provisions of 82-4-436;   (c) reclaim any affected land with respect to which a bond has been forfeited;   (d) make investigations or inspections that are considered necessary to ensure compliance with any provision of this part; and   (e) enforce and administer the provisions of this part and issue orders necessary to implement the provisions of this part.   (2) The department shall:   (a) adopt rules that pertain to opencut operations in order to accomplish the purposes of this part;   (b) adopt rules:   (i) establishing uniform procedures for filing of necessary records;   (ii) providing procedures for the issuance of permits and filing of annual reports; and   (iii) providing other administrative requirements necessary to implement this part.   (3) The board shall conduct hearings and, for the purposes of conducting those hearings, administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, hear evidence, and require the production of any books, papers, correspondence, memoranda, agreements, documents, or other records relevant or material to the inquiry.   History: En. Sec. 6, Ch. 326, L. 1973; amd. Sec. 19, Ch. 39, L. 1977; R.C.M. 1947, 50-1506; amd. Sec. 404, Ch. 418, L. 1995; amd. Sec. 11, Ch. 507, L. 1999; amd. Sec. 15, Ch. 79, L. 2001; amd. Sec. 2, Ch. 325, L. 2001; amd. Sec. 5, Ch. 385, L. 2007; amd. Sec. 106, Ch. 324, L. 2021.
MT Code § 82-4-423 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-423. Repealed

  82-4-423. Repealed. Sec. 18, Ch. 385, L. 2007.   History: En. Sec. 3, Ch. 326, L. 1973; amd. Sec. 3, Ch. 209, L. 1974; amd. Sec. 3, Ch. 235, L. 1974; amd. Sec. 16, Ch. 39, L. 1977; R.C.M. 1947, 50-1503; amd. Sec. 3, Ch. 280, L. 1987; amd. Sec. 405, Ch. 418, L. 1995; amd. Sec. 12, Ch. 507, L. 1999.
MT Code § 82-4-424 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-424. Receipt and expenditure of funds -- disposition of penalties and other money

  82-4-424. Receipt and expenditure of funds -- disposition of penalties and other money. (1) The department may receive any federal funds, state funds, or any other funds for the reclamation of affected land. The department may cause the reclamation work to be done by its employees, by employees of other governmental agencies, by soil conservation districts, or through contracts with qualified persons.   (2) All penalties and other money paid under the provisions of this part, except fees provided for in 82-4-437, must be deposited in the environmental rehabilitation and response account in the state special revenue fund provided for in 75-1-110. Funds held by the department as bond or as a result of bond forfeiture that are no longer needed for reclamation and for which the department is not able to locate a surety or other person who owns the funds after diligent search must be deposited in the environmental rehabilitation and response account in the state special revenue fund.   History: En. Sec. 11, Ch. 326, L. 1973; amd. Sec. 24, Ch. 39, L. 1977; R.C.M. 1947, 50-1511; amd. Sec. 1, Ch. 431, L. 1991; amd. Sec. 406, Ch. 418, L. 1995; amd. Sec. 5, Ch. 338, L. 2001; amd. Sec. 6, Ch. 385, L. 2007; amd. Sec. 6, Ch. 477, L. 2009; amd. Sec. 4, Ch. 334, L. 2019.
MT Code § 82-4-425 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-425. Inspection of opencut operations

  82-4-425. Inspection of opencut operations. The department or its representatives may enter upon lands subjected to opencut operations at all reasonable times for the purpose of inspection to determine whether the provisions of this part have been complied with. The department shall attempt to provide reasonable notice to a permitted operator when practicable under the circumstances.   History: En. Sec. 12, Ch. 326, L. 1973; amd. Sec. 25, Ch. 39, L. 1977; R.C.M. 1947, 50-1512; amd. Sec. 407, Ch. 418, L. 1995; amd. Sec. 7, Ch. 385, L. 2007; amd. Sec. 3, Ch. 198, L. 2013; amd. Sec. 5, Ch. 334, L. 2019.
MT Code § 82-4-426 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-426. Reclamation of land on which bond forfeited

  82-4-426. Reclamation of land on which bond forfeited. In keeping with the provisions of this part, the department or its agents or contractors may enter and reclaim any affected land with respect to which a bond has been forfeited.   History: En. Sec. 14, Ch. 326, L. 1973; amd. Sec. 27, Ch. 39, L. 1977; R.C.M. 1947, 50-1514; amd. Sec. 408, Ch. 418, L. 1995; amd. Sec. 72, Ch. 509, L. 1995; amd. Sec. 6, Ch. 338, L. 2001; amd. Sec. 8, Ch. 385, L. 2007; amd. Sec. 6, Ch. 334, L. 2019.
MT Code § 82-4-428 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-428. through 82-4-430 reserved

  82-4-428 through 82-4-430 reserved.
MT Code § 82-4-435 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-435. Repealed

  82-4-435. Repealed. Sec. 2, Ch. 113, L. 1981.   History: En. Sec. 13, Ch. 326, L. 1973; amd. Sec. 26, Ch. 39, L. 1977; R.C.M. 1947, 50-1513.