reglab/housing_qa huggingface dataset:
MT Code § 82-4-205 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-205. Administration by department and board

  82-4-205. Administration by department and board. (1) The department shall adopt, after an opportunity for a hearing, general rules pertaining to strip mining and to underground mining to accomplish the purposes of this part. The department may adopt rules with respect to filing of reports, issuance of permits, monitoring, and other matters of procedure and administration.  (2) The department:   (a) shall exercise general supervision, administration, and enforcement of this part and all rules and orders adopted under this part;   (b) shall review for approval or disapproval all plans and specifications submitted by an operator for the method of operation, subsidence stabilization, water control, backfilling, grading, highwall reduction, and topsoiling and for the reclamation of the area of land affected by the operator's operation;   (c) shall issue orders requiring an operator to adopt the remedial measures necessary to comply with this part and rules adopted under this part;   (d) shall order the suspension of any permit for failure to comply with this part or a rule adopted under this part;   (e) shall issue an order revoking a permit when the requirements set forth by a notice of violation, order of suspension, or order requiring remedial measures have not been complied with according to the terms in the notice or order;   (f) shall order the halting of any operation that is started without first having obtained a permit as required by this part or order the cessation of operations not in compliance with this part in accordance with 82-4-251;   (g) shall conduct public hearings required under this part or rules adopted pursuant to this part;   (h) shall conduct investigations and inspections necessary to ensure compliance with this part; and   (i) may encourage and conduct investigations, research, experiments, and demonstrations and collect and disseminate information relating to strip mining and to underground mining and reclamation of lands and waters affected by strip mining and underground mining.   (3) The board shall conduct contested case hearings under this part.   History: En. Sec. 5, Ch. 325, L. 1973; amd. Sec. 18, Ch. 441, L. 1975; R.C.M. 1947, 50-1038; amd. Sec. 4, Ch. 550, L. 1979; amd. Sec. 369, Ch. 418, L. 1995; amd. Sec. 3, Ch. 273, L. 1997; amd. Sec. 8, Ch. 79, L. 2001; amd. Sec. 86, Ch. 324, L. 2021.
MT Code § 82-4-206 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-206. Procedure for contested case hearings

  82-4-206. Procedure for contested case hearings. (1) An applicant, permittee, or person with an interest that is or may be adversely affected may request a hearing before the board on any of the following decisions of the department by submitting a written request stating the reason for the request within 30 days after the department's decision:   (a) approval or denial of an application for a permit pursuant to 82-4-231;   (b) approval or denial of an application for a prospecting permit pursuant to 82-4-226;   (c) approval or denial of an application to increase or reduce a permit area pursuant to 82-4-225;   (d) approval or denial of an application to renew or revise a permit pursuant to 82-4-221; or   (e) approval or denial of an application to transfer a permit pursuant to 82-4-238 or 82-4-250.   (2) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing before the board under subsection (1).   History: En. Sec. 24, Ch. 325, L. 1973; R.C.M. 1947, 50-1057; amd. Sec. 9, Ch. 79, L. 2001; amd. Sec. 1, Ch. 127, L. 2005.
MT Code § 82-4-207 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-207. Rulemaking -- in situ coal gasification

  82-4-207. Rulemaking -- in situ coal gasification. (1) Within 1 year of October 1, 2011, and in accordance with subsection (3), the department shall adopt rules necessary to regulate underground mining using in situ coal gasification.  (2) Unless required by this part, the department may not adopt a rule to regulate in situ coal gasification that is more stringent than the comparable federal regulations or guidelines that address the same circumstances.   (3) The department shall solicit, document, consider, and address comments from the board of oil and gas conservation provided for in 2-15-3303 in developing rules pursuant to subsection (1).   History: En. Sec. 1, Ch. 398, L. 2011; amd. Sec. 87, Ch. 324, L. 2021.
MT Code § 82-4-208 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-208. through 82-4-220 reserved

  82-4-208 through 82-4-220 reserved.
MT Code § 82-4-223 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-223. Surety bond

  82-4-223. Surety bond. (1) Before a permit may be issued, the operator shall file with the department a bond payable to the state of Montana with surety satisfactory to the department in an amount to be determined by the department of not less than $200 for each acre or fraction of an acre of the area of land affected, with a minimum bond of $10,000, conditioned upon the faithful performance of the requirements set forth in this part and of the rules of the department. The operator may elect to deposit cash, negotiable bonds, or negotiable certificates of deposit of any bank organized or transacting business in the United States. The cash deposit or market value of these securities must be equal to or greater than the amount of the bond required for the bonded area. The level of bonding must be relative to the degree of disturbance projected by the original permit and the annual report. A political subdivision or agency of the state need not file a bond unless required to do so by the department. The department shall adjust the amount of bond required if the cost of reclamation changes.  (2) In determining the amount of the bond, the department shall take into consideration the character and nature of the overburden, the future suitable use of the land involved, and the cost of backfilling, grading, highwall reduction, subsidence stabilization, water control, topsoiling, and reclamation to be required, but the bond may not be less than the total estimated cost to the state of completing the work described in the reclamation plan.   History: En. Sec. 6, Ch. 325, L. 1973; amd. Sec. 1, Ch. 221, L. 1975; amd. Sec. 19, Ch. 441, L. 1975; amd. Sec. 1, Ch. 352, L. 1977; R.C.M. 1947, 50-1039(8); amd. Sec. 7, Ch. 550, L. 1979; amd. Sec. 3, Ch. 70, L. 1987; amd. Sec. 370, Ch. 418, L. 1995; amd. Sec. 2, Ch. 127, L. 2005; amd. Sec. 88, Ch. 324, L. 2021.
MT Code § 82-4-224 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-224. Repealed

  82-4-224. Repealed. Sec. 1, Ch. 371, L. 1993.   History: En. 50-1039.1 by Sec. 2, Ch. 538, L. 1975; R.C.M. 1947, 50-1039.1.
MT Code § 82-4-225 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-225. Application for increase or reduction in permit area

  82-4-225. Application for increase or reduction in permit area. The department may increase or reduce the area of land affected by an operation under a permit on application by an operator, but an increase may not extend the period for which an original permit was issued. An operator may, at any time, apply to the department for an amendment of the permit so as to increase or reduce the acreage affected by it. The operator shall file an application and map in the same form and with the same content as required for an original application under this part and shall file with the department a supplemental bond in the amount to be determined under 82-4-223 for each acre or fraction of an acre of the increase approved. All procedures of this part pertaining to original applications apply to applications for the increase of the area of land affected, except for incidental boundary revisions. If the department approves a reduction in the acreage covered by the original or supplemental permit, it shall release the bond for each acre reduced, but the bond may not be reduced below $10,000, except as provided in 82-4-223.   History: En. Sec. 7, Ch. 325, L. 1973; amd. Sec. 2, Ch. 352, L. 1977; R.C.M. 1947, 50-1040; amd. Sec. 8, Ch. 550, L. 1979; amd. Sec. 3, Ch. 127, L. 2005.
MT Code § 82-4-229 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-229. and 82-4-230 reserved

  82-4-229 and 82-4-230 reserved.
MT Code § 82-4-233 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-233. Planting of vegetation following grading of disturbed area

  82-4-233. Planting of vegetation following grading of disturbed area. (1) The operator shall establish on regraded areas and on all other disturbed areas, except water areas, surface areas of roads, and other constructed features approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:   (a) diverse, effective, and permanent;   (b) composed of species native to the area or of introduced species when desirable and necessary to achieve the postmining land use and when approved by the department;   (c) at least equal in extent of cover to the natural vegetation of the area; and   (d) capable of stabilizing the soil surface in order to control erosion to the extent appropriate for the approved postmining land use.   (2) The reestablished plant species must:   (a) be compatible with the approved postmining land use;   (b) have the same seasonal growth characteristics as the original vegetation;   (c) be capable of self-regeneration and plant succession;   (d) be compatible with the plant and animal species of the area; and   (e) meet the requirements of applicable seed, poisonous and noxious plant, and introduced species laws or regulations.   (3) Reestablished vegetation must be appropriate to the postmining land use so that when the postmining land use is:   (a) cropland, the requirements of subsections (1)(a), (1)(c), (2)(b), and (2)(c) are not applicable;   (b) pastureland or grazing land, reestablished vegetation must have use for grazing by domestic livestock at least comparable to premining conditions or enhanced when practicable;   (c) fish and wildlife habitat, forestry, or recreation, trees and shrubs must be planted to achieve appropriate stocking rates.   (4) All underground shafts, tunnels, or other excavations are excluded from the provisions of subsection (1).   History: En. Sec. 12, Ch. 325, L. 1973; amd. Sec. 24, Ch. 441, L. 1975; R.C.M. 1947, 50-1045; amd. Sec. 2, Ch. 172, L. 1979; amd. Sec. 4, Ch. 196, L. 1997; amd. Sec. 7, Ch. 204, L. 2003; amd. Sec. 8, Ch. 127, L. 2005.
MT Code § 82-4-234 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-234. Commencement of reclamation

  82-4-234. Commencement of reclamation. The operator shall commence the reclamation of the area of land affected by the operator's operation as soon as possible after the beginning of strip mining or underground mining of that area in accordance with plans previously approved by the department. Those grading, backfilling, subsidence stabilization, topsoiling, and water management practices that are approved in the plans must be kept current with the operation as defined by rules of the department, and a permit or supplement to a permit may not be issued if, in the discretion of the department, these practices are not current.  History: En. Sec. 13, Ch. 325, L. 1973; amd. Sec. 25, Ch. 441, L. 1975; R.C.M. 1947, 50-1046; amd. Sec. 3, Ch. 196, L. 1979; amd. Sec. 8, Ch. 204, L. 2003; amd. Sec. 92, Ch. 324, L. 2021.
MT Code § 82-4-236 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-236. Vegetation as property of landowner

  82-4-236. Vegetation as property of landowner. All vegetation that is planted or seeded on the area of land affected as required by this part or rules adopted under this part becomes the property of the landowner after complete release of the bond, unless the operator and the landowner agree otherwise.   History: En. Sec. 15, Ch. 325, L. 1973; R.C.M. 1947, 50-1048; amd. Sec. 10, Ch. 204, L. 2003.
MT Code § 82-4-237 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-237. Operator to file annual reports

  82-4-237. Operator to file annual reports. (1) An operator shall file an annual report with the department on a date determined by the department. An annual report must include:   (a) the name and address of the operator and permit number or numbers; and   (b) a report with detail required by the department, supplemented with maps, cross sections, or other material indicating the extent to which mining operations have been carried out, the progress of all reclamation work, including the type of planting or seeding, mixture and amount of seed, date of planting or seeding, and area of land planted, and the number of acres affected.   (2) Upon receipt of the annual report, the department may request additional information and shall allow a reasonable opportunity for the operator to respond to the request.   (3) When problems are revealed by review of new information or as a result of field inspections, the department may order necessary changes in the mining and reclamation plans to ensure compliance with this part.   History: En. Sec. 6, Ch. 325, L. 1973; amd. Sec. 1, Ch. 221, L. 1975; amd. Sec. 19, Ch. 441, L. 1975; amd. Sec. 1, Ch. 352, L. 1977; R.C.M. 1947, 50-1039(2) thru (4); amd. Sec. 5, Ch. 196, L. 1979; amd. Sec. 1, Ch. 68, L. 1983; amd. Sec. 4, Ch. 98, L. 2013.
MT Code § 82-4-238 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-238. Successor operator

  82-4-238. Successor operator. When one operator succeeds another at an uncompleted operation, either by sale, assignment, lease, or otherwise, the department may release the first operator from all liability under this part as to that particular operation if both operators have been issued a permit and have otherwise complied with the requirements of this part, and the successor operator assumes, as part of the obligation under this part, all liability for the reclamation of the area of land affected by the former operator.   History: En. Sec. 18, Ch. 325, L. 1973; R.C.M. 1947, 50-1051; amd. Sec. 2733, Ch. 56, L. 2009.
MT Code § 82-4-240 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-240. Reclamation of lands after bond forfeited

  82-4-240. Reclamation of lands after bond forfeited. In keeping with the provisions of this part, the department may reclaim any affected lands with respect to which a bond has been forfeited.   History: En. Sec. 21, Ch. 325, L. 1973; amd. Sec. 28, Ch. 441, L. 1975; R.C.M. 1947, 50-1054; amd. Sec. 2, Ch. 31, L. 1981; amd. Sec. 376, Ch. 418, L. 1995.
MT Code § 82-4-241 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-241. Receipts paid into general fund -- disposition of bond forfeiture money

  82-4-241. Receipts paid into general fund -- disposition of bond forfeiture money. (1) Except for bond forfeiture money, all fees, penalties, and other money available or paid to the department under the provisions of this part must be placed in the state treasury and credited to the general fund.   (2) Bond forfeiture money must be used to pay for expenses that the department incurs pursuant to 82-4-240.   (3) 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 state special revenue fund and credited to the environmental rehabilitation and response account provided for in 75-1-110.   History: En. Sec. 19, Ch. 325, L. 1973; amd. Sec. 26, Ch. 441, L. 1975; R.C.M. 1947, 50-1052; amd. Sec. 3, Ch. 31, L. 1981; amd. Sec. 3, Ch. 338, L. 2001.
MT Code § 82-4-242 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-242. Funds received by department

  82-4-242. Funds received by department. The department may receive any federal funds, state funds, or any other funds for the reclamation of land affected by strip mining or underground mining.   History: En. Sec. 20, Ch. 325, L. 1973; amd. Sec. 27, Ch. 441, L. 1975; R.C.M. 1947, 50-1053(part); amd. Sec. 377, Ch. 418, L. 1995.
MT Code § 82-4-243 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-243. Subsidence

  82-4-243. Subsidence. (1) The permittee of an underground coal mining operation shall:   (a) promptly repair or compensate for material damage to any occupied residential dwelling and related structures and to any noncommercial building resulting from subsidence caused by an underground coal mining operation. Repair of damage includes rehabilitation, restoration, or replacement. Compensation must be provided to the owner of the damaged property and must be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid insurance policy.   (b) promptly replace any drinking, domestic, or residential water supply from a well or spring that was in existence prior to the application for the permit pursuant to 82-4-222 and that has been affected by contamination, diminution, or interruption resulting from the underground coal mining operation.   (2) This section may not be construed to prohibit or interrupt an underground coal mining operation.   (3) This section does not abrogate, impair, or diminish any right or remedy granted under another provision of this part or any other law.   History: En. Sec. 1, Ch. 196, L. 1997.
MT Code § 82-4-244 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-244. Coal and uranium mine permitting and reclamation program account

  82-4-244. Coal and uranium mine permitting and reclamation program account. (1) There is a coal and uranium mine permitting and reclamation program account within the special revenue fund established in 17-2-102.   (2) Each fiscal year, there must be deposited in the account the proceeds from the coal severance tax, as provided in 15-35-108, to be appropriated by the legislature to the department for the administration and enforcement of this part.   History: En. Sec. 2, Ch. 280, L. 2007.
MT Code § 82-4-245 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-245. through 82-4-249 reserved

  82-4-245 through 82-4-249 reserved.
MT Code § 82-4-253 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 2. Coal and Uranium Mine Reclamation|82-4-253. Suit for damage to water supply

  82-4-253. Suit for damage to water supply. (1) An owner of an interest in real property who obtains all or part of a supply of water for domestic, agricultural, industrial, or other legitimate use from an underground source other than a subterranean stream having a permanent, distinct, and known channel may sue an operator to recover damages for contamination, diminution, or interruption of the water supply, proximately resulting from strip mining or underground mining.   (2) Prima facie evidence of injury in a suit under this section is established by the removal of coal or disruption of overlying aquifer from designated ground water areas as prescribed in Title 85, chapter 2, part 5. If the area is not a designated ground water area, a showing that the coal or overlying strata is an aquifer in that geographical location and that the coal or the overlying strata has been removed or disrupted shifts the burden to the defendant (operator) to show that the plaintiff's (owner's) water supply was not injured thereby.   (3) An owner of water rights adversely affected may file a complaint detailing the loss of water in quality and quantity with the department. Upon receipt of this complaint the department shall:   (a) investigate the complaint using all available information including monitoring data gathered at the mine site;   (b) require the defendant (operator) 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 or quality;   (c) issue within 90 days a written finding specifying the cause of the water loss, if there is a loss, in terms of quantity or quality;   (d) order the mining operator in compliance with chapter 2 of Title 85 to replace the water immediately on a temporary basis to provide the needed water and within a reasonable time, replace the water in like quality, quantity, and duration, if the loss is caused by the strip-mining or underground-coal-mining operation; and   (e) order the suspension of the operator's permit for failure to replace the water, until such time as the operator provides substitute water.   (4) A servient tract of land is not bound to receive surface water contaminated by strip mining or underground mining on a dominant tract of land, and the owner of the servient tract may sue an operator to recover the damages proximately resulting from the natural drainage from the dominant tract of surface waters contaminated by strip mining or underground mining on the dominant tract.   (5) This section and 82-4-252 do not create, modify, or affect any right, liability, or remedy other than as expressly provided.   History: En. Sec. 22, Ch. 325, L. 1973; amd. Sec. 1, Ch. 295, L. 1975; amd. Sec. 29, Ch. 441, L. 1975; R.C.M. 1947, 50-1055(3) thru (5); amd. Sec. 293, Ch. 42, L. 1997; amd. Sec. 5, Ch. 98, L. 2013.