reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 4. Opencut Mining Reclamation › 82-4-427. Hearing -- appeal -- venue

82-4-427. Hearing -- appeal -- venue.
(1) (a) Subject to subsections (1)(b) and (1)(c), a person whose interests are or may be adversely affected by a final decision of the department to approve or disapprove a permit application and accompanying material or a permit amendment application and accompanying material under this part is entitled to a hearing before the board if a written request stating the reasons for the appeal is submitted to the board within 30 days of the department's decision.
(b) If an application was noticed publicly as required by this part, to be eligible to file for an appeal a person must have either submitted comments to the department on an application or submitted comments at a public meeting held under 82-4-432.
(c) Subsection (1)(b) does not apply to a person filing for an appeal of an application that was not required to be noticed publicly by this part.
(2) An operator may request a hearing before the board on:
(a) a final decision of the department director pursuant to 82-4-436(4) by submitting a request for a hearing within 15 days of receipt of notice of the director's decision; and
(b) an order of suspension or revocation issued under 82-4-442 by filing a request for hearing within 30 days of receipt of the decision.
(3) The operator or the landowner may request a hearing before the board on a decision on a bond release application by submitting a written request stating the reasons for the appeal within 30 days of the receipt of the decision.
(4) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.
(5) A petition for judicial review of a board decision made pursuant to this section must be brought in the county in which the 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 activity is proposed to occur.
(6) The petition for judicial review must include the party to whom the permit was issued or the applicant unless otherwise agreed to by the permitholder or applicant. All judicial challenges of 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. 15, Ch. 326, L. 1973; amd. Sec. 28, Ch. 39, L. 1977; R.C.M. 1947, 50-1515; amd. Sec. 409, Ch. 418, L. 1995; amd. Sec. 13, Ch. 507, L. 1999; amd. Sec. 16, Ch. 79, L. 2001; amd. Sec. 34, Ch. 361, L. 2003; amd. Sec. 17, Ch. 337, L. 2005; amd. Sec. 9, Ch. 385, L. 2007; amd. Sec. 4, Ch. 198, L. 2013; amd. Sec. 7, Ch. 334, L. 2019; amd. Sec. 50, Ch. 535, L. 2021.
2023 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.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 4. Opencut Mining Reclamation › 82-4-436. Plan amendments by department

82-4-436. Plan amendments by department.
(1) Unless an amendment to a plan of operation or permit is proposed by the operator, the department may amend only the terms of a plan or permit in compliance with this section.
(2) If the department believes, based on credible evidence, that a continued opencut operation under the terms of an existing plan of operation or permit would violate a substantive numerical or narrative state standard or regulation or otherwise violate a purpose of this part, it may propose to the operator an amendment to the plan or permit.
(3) The department shall notify the operator of the proposed amendment in writing. The notice must include:
(a) an identification of the existing plan or permit;
(b) the justification for the amendment, including all test results or other credible evidence that the department relied on in proposing the amendment; and
(c) the text, maps, drawings, and other appropriate information that constitute the proposed amendment.
(4) The operator may, within 15 days of receipt of the department's amendment notice, request a review of the amendment by the department director. The amendment is not effective or enforceable until 15 days following the issuance of the department's amendment notice or, if a review by the director is requested, until 15 days after the director affirms or modifies the amendment. A decision by the department director is subject to the contested case provisions in 82-4-427.
(5) If the operator requests a hearing on the proposed amendment, the amendment is not effective and enforceable until completion of the contested case process.
History: En. Sec. 5, Ch. 325, L. 2001; amd. Sec. 35, Ch. 361, L. 2003; amd. Sec. 18, Ch. 337, L. 2005; amd. Sec. 14, Ch. 385, L. 2007.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 4. Opencut Mining Reclamation › 82-4-437. Annual report -- fees

82-4-437. Annual report -- fees.
(1) For each opencut operation, the operator shall file an annual report on a form furnished by the department. The report must contain the information and be submitted at times provided in rules of the department.
(2) (a) Except as provided in subsection (2)(b), each opencut operation shall submit with the annual report a fee of 4.5 cents per cubic yard of materials for all operations mined during the period covered by the report.
(b) Opencut operations that mine, extract, or produce bentonite are not subject to the fee in subsection (2)(a).
(3) The department:
(a) shall require the operator to pay the following fees:
(i) $1,500 for each permit application submitted pursuant to 82-4-432(1); and
(ii) for each amendment application submitted pursuant to 82-4-432(11):
(A) $750 if the date of the amendment application is 10 years or less from the date of the permit approval; or
(B) $1,500 if the date of the amendment application is more than 10 years from the date of the permit approval; and
(b) shall adopt rules for applications or responses that are administrative. Fees, if any, for administrative actions identified under this subsection (3) may not exceed $250.
(4) Pursuant to the provisions of 82-4-441, a person who mines materials without a permit in violation of this part shall submit a report and the fees required by subsections (2)(a) and (3)(a)(i) of this section.
History: En. Sec. 1, Ch. 385, L. 2007; amd. Sec. 9, Ch. 477, L. 2009; amd. Sec. 8, Ch. 198, L. 2013; amd. Sec. 12, Ch. 334, L. 2019; amd. Sec. 107, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 4. Opencut Mining Reclamation › 82-4-438. Opencut fund -- use of fund

82-4-438. Opencut fund -- use of fund.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the opencut fund.
(2) There must be deposited in the account money received from the fees established in 82-4-437.
(3) Money in the fund must be spent for the purposes of administering and enforcing this part.
History: En. Sec. 1, Ch. 477, L. 2009; amd. Sec. 13, Ch. 334, L. 2019.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 4. Opencut Mining Reclamation › 82-4-439. Extended review -- criteria -- timeframes

82-4-439. Extended review -- criteria -- timeframes.
(1) The department may subject an opencut application to an extended review if the department determines that comments received at a public meeting held pursuant to 82-4-432 reveal the proposed plan of operation violates provisions of this part.
(2) (a) For a complete application subject to an extended review, the department shall, within 60 days from the date the department determines the application warrants an extended review, inspect the proposed site if the department determines an inspection is necessary and notify the applicant as to whether or not the application is acceptable pursuant to 82-4-432. If the application is unacceptable, the notice must include a detailed explanation of the deficiencies.
(b) Within 30 days of receipt of the applicant's response to the identified deficiencies, the department shall review the responses and notify the applicant as to whether or not the application is acceptable. If the application is unacceptable, the department shall notify the applicant in writing and include a detailed identification of the deficiencies.
(c) The department may for sufficient cause extend either or both of the review periods in subsection (2)(a) or (2)(b) for an additional 30 days if it notifies the applicant of the extension prior to the end of the respective original period. The department shall include in the notification of extension the reason for the extension.
(d) If the application is acceptable, the department shall issue a permit or a permit amendment to the operator that entitles the operator to engage in the opencut operation on the land described in the application.
History: En. Sec. 8, Ch. 477, L. 2009; amd. Sec. 6, Ch. 545, L. 2021.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 4. Opencut Mining Reclamation › 82-4-440. Repealed

82-4-440. Repealed.
Sec. 7, Ch. 545, L. 2021.
History: En. Sec. 14, Ch. 334, L. 2019.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 6. Interstate Mining Compact › 82-4-601. Interstate Mining Compact

82-4-601. Interstate Mining Compact.
This state enacts into law and enters into the Interstate Mining Compact with all states that enact the compact in the form substantially contained in 82-4-602.
History: En. Sec. 1, Ch. 310, L. 2023.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 6. Interstate Mining Compact › 82-4-603. Membership and applicability

82-4-603. Membership and applicability.
(1) The governor may appoint a designee to serve as the governor's official representative to the compact and to perform all functions in connection with the business of the compact.
(2) Provisions and policies of the Interstate Mining Compact may not be construed to limit, repeal, or supersede any law of the state of Montana.
(3) (a) The governor and the legislature, or agents of either, may inspect the books and accounts of the Interstate Mining Compact Commission at any reasonable time while the state is a member.
(b) A copy of the bylaws of the Interstate Mining Compact Commission must be placed on file with the department of environmental quality and be available for inspection at any reasonable time by the legislature or any interested citizen.
(4) The state of Montana is not liable for the obligations or solvency of:
(a) the retirement system described in article V(6) of the compact; or
(b) a program of employee benefits described in article V(6) of the compact.
(5) As used in article V(1) of the compact, "agency" does not mean an agency of the state of Montana or any political subdivision of the state of Montana.
History: En. Sec. 3, Ch. 310, L. 2023.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 6. Interstate Mining Compact › 82-4-604. Expenses

82-4-604. Expenses.
The department of environmental quality may pay annually out of funds collected from mining fees, abandoned mine land fees and funds, natural resource operations, or from funds granted to the state by the federal office of surface mining reclamation and enforcement, the annual membership dues payable to the Interstate Mining Compact commission for the membership of the state of Montana in that organization.
History: En. Sec. 4, Ch. 310, L. 2023.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 10. Penalties, Fees, and Interest › 82-4-1001. Penalty factors

82-4-1001. Penalty factors.
(1) In determining the amount of an administrative or civil penalty assessed under the statutes listed in subsection (4), the department of environmental quality or the district court, as appropriate, shall take into account the following factors:
(a) the nature, extent, and gravity of the violation;
(b) the circumstances of the violation;
(c) the violator's prior history of any violation, which:
(i) must be a violation of a requirement under the authority of the same chapter and part as the violation for which the penalty is being assessed;
(ii) must be documented in an administrative order or a judicial order or judgment issued within 3 years prior to the date of the occurrence of the violation for which the penalty is being assessed; and
(iii) may not, at the time that the penalty is being assessed, be undergoing or subject to administrative appeal or judicial review;
(d) the economic benefit or savings resulting from the violator's action;
(e) the violator's good faith and cooperation;
(f) the amounts voluntarily expended by the violator, beyond what is required by law or order, to address or mitigate the violation or impacts of the violation; and
(g) other matters that justice may require.
(2) Except for penalties assessed under 82-4-254, after the amount of a penalty is determined under (1), the department of environmental quality or the district court, as appropriate, may consider the violator's financial ability to pay the penalty and may institute a payment schedule or suspend all or a portion of the penalty.
(3) Except for penalties assessed under 82-4-254, the department of environmental quality may accept a supplemental environmental project as mitigation for a portion of the penalty. For purposes of this section, a "supplemental environmental project" is an environmentally beneficial project that a violator agrees to undertake in settlement of an enforcement action but which the violator is not otherwise legally required to perform.
(4) This section applies to penalties assessed by the department of environmental quality or the district court under 82-4-141, 82-4-254, 82-4-361, and 82-4-441.
(5) The department of environmental quality may adopt rules to implement this section.
History: En. Sec. 3, Ch. 487, L. 2005; amd. Sec. 109, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 10. Penalties, Fees, and Interest › 82-4-1002. Collection of penalties, fees, late fees, and interest

82-4-1002. Collection of penalties, fees, late fees, and interest.
(1) If the department of environmental quality is unable to collect penalties, fees, late fees, or interest assessed pursuant to the provisions of this chapter, the department of environmental quality may assign the debt to a collection service or transfer the debt to the department of revenue pursuant to Title 17, chapter 4, part 1.
(2) (a) The reasonable collection costs of a collection service, if approved by the department of environmental quality, or assistance costs charged the department of environmental quality by the department of revenue pursuant to 17-4-103(3) may be added to the debt for which collection is being sought.
(b) (i) All money collected by the department of revenue is subject to the provisions of 17-4-106.
(ii) All money collected by a collection service must be paid to the department of environmental quality and deposited in the general fund or the accounts specified in statute for the assessed penalties, fees, late fees, or interest, except that the collection service may retain those collection costs or, if the total debt is not collected, that portion of collection costs that are approved by the department.
History: En. Sec. 4, Ch. 487, L. 2005.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 10. Penalties, Fees, and Interest › 82-4-1006. Abandoned mine reclamation account

82-4-1006. Abandoned mine reclamation account.
(1) There is an abandoned mine reclamation account in the federal special revenue fund provided for in 17-2-102.
(2) There must be deposited in the account:
(a) money received by the state from the federal government pursuant to 30 U.S.C. 1232 through 1243; and
(b) interest earned on the account.
(3) (a) Money in the account is available to the department of environmental quality by appropriation and must be used to pay for reclamation or drainage abatement on eligible lands or waters. Eligible lands and waters are those:
(i) that were mined or processed for minerals or materials or were affected by that mining or processing;
(ii) that were abandoned or left in an inadequate reclamation status prior to:
(A) November 26, 1980, for federal lands administered by the United States bureau of land management;
(B) August 28, 1974, for federal lands administered by the United States forest service; and
(C) August 3, 1977, for state lands, private lands, and federal lands not subject to subsection (3)(a)(ii)(A) or (3)(a)(ii)(B); and
(iii) for which there is no continuing reclamation responsibility under state or federal law.
(b) Allowable reclamation or abatement activities under subsection (3)(a) include but are not limited to:
(i) reclamation of abandoned surface mine areas, abandoned mine processing areas, and abandoned mine refuse disposal areas;
(ii) sealing and filling abandoned mine entries and voids;
(iii) planting of land adversely affected by past mining practices to prevent erosion and sedimentation;
(iv) prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage, including restoration of stream beds and construction and operation of water treatment plants;
(v) prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ;
(vi) prevention, abatement, and control of abandoned mine subsidence; and
(vii) payment of costs of administration of the abandoned mine land reclamation program administered by the department of environmental quality.
(4) Money in the account that is subject to restrictions on use pursuant to federal law, regulation, or grant condition may be used only for the purposes allowed by the federal provision.
(5) Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account until spent or appropriated by the legislature.
History: En. Sec. 1, Ch. 357, L. 2007.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 1. Royalty Interests › 82-10-101. Action for accounting for royalty

82-10-101. Action for accounting for royalty.
(1) Whenever an owner of a royalty interest in or attaching to lands producing natural gas, oil, or other minerals or in or to the natural gas, oil, or other mineral production from said lands, whether said royalty is payable in kind out of the product of the lands or out of the money proceeds from the sale of the product of said lands, shall make a written demand upon the person or persons obligated to deliver or pay such royalty for an accounting of the natural gas, oil, or other minerals produced from said lands and makes written demand for delivery or payment of such owner's royalty as may then be due and the person or persons obligated for the delivery or payment of said royalty fail to make the accounting demanded and the payment or delivery of the royalty due within a period of 60 days following the date upon which said demand is made, then the owner of said royalty may file an action in the district court of the county wherein said lands are located to compel the accounting demanded and to recover the payment or delivery of the royalty due against the person or persons obligated as aforesaid.
(2) In said action the successful party or parties recovering judgment against the person or persons obligated shall, in addition to relief by way of accounting and recovery of the royalty due as hereinabove provided, also recover judgment for a sum of money by way of reasonable attorney fees to be allowed by the court together with the costs allowed to successful parties by law in actions generally in said court.
(3) Whenever the same person or persons is or are obligated for delivery or payment of said royalty to separate owners of royalty in or to a tract of land or any portion of said land or the product of the whole or any part of said land, then any number of said owners of royalty may join their separate causes of action as parties plaintiff in the action herein provided for, and in their complaint filed in said action, each cause of action of each of the several plaintiffs shall be set forth separately in said complaint, and the judgment given, made, and rendered upon said complaint shall adjudge the relief to one or more of the plaintiffs and deny relief to any one or more of said plaintiffs accordingly as the evidence may establish.
(4) If the defendant or defendants prevail in said action against any one or more of said plaintiffs, the court shall adjudge and allow to such defendant or defendants and against the unsuccessful plaintiff or plaintiffs recovery of a sum of money as reasonable attorney fees to be allowed by the court and adjudge and allow costs to said defendant to be recovered from the said unsuccessful plaintiff or plaintiffs in said action, as provided for by law in actions generally in said court.
History: En. Sec. 1, Ch. 78, L. 1943; R.C.M. 1947, 60-501.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 1. Royalty Interests › 82-10-102. Remedy not exclusive

82-10-102. Remedy not exclusive.
The remedy provided for in 82-10-101 is in the nature of a special remedy additional to and not a substitute for other remedies given by law to owners of royalties in lands of the character specified, and all acts or parts of acts in conflict with the provisions of 82-10-101 shall not apply in actions authorized and provided for by that section.
History: En. Sec. 2, Ch. 78, L. 1943; R.C.M. 1947, 60-502; amd. Sec. 2, Ch. 500, L. 1983; amd. Sec. 3, Ch. 582, L. 1983.