reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1228 - SMALL OPERATOR ASSISTANCE PROGRAM: APPLICANT LIABILITY

Current through Register Vol. 13, July 5, 2024
(1) The applicant shall reimburse the
				department for the cost of the services performed pursuant to ARM
				17.24.1224 if the applicant:
(a) submits false information;
(b) fails to submit a permit application
				within one year from the date of receipt of the approved laboratory,
				consultant, and/or contractor report;
(c) fails to mine after obtaining a
				permit;
(d) produces coal in excess
				of 300,000 actual and attributable tons at all operations during the 12-month
				period immediately following the date on which the applicant was issued a coal
				mining permit; or
(e) sells,
				transfers, or assigns the permit and the total actual and attributed production
				of the transferee exceeds the 300,000-ton annual production limit during the
				12-month period immediately following the date on which the applicant was
				issued a coal mining permit. Under this section, the applicant and its
				successor are jointly and severally obligated to reimburse the
				department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1246 - RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: RESPONSIBILITIES OF THE DIRECTOR

Current through Register Vol. 13, July 5, 2024
The director shall:
(1) provide advice, assistance, and guidance
				to each state employee, to determine if the employee is required to file a
				statement pursuant to ARM
				17.24.1249;
(2) promptly review the statement of
				employment and financial interests and supplements, if any, filed by each
				employee to determine if the employer has correctly identified those listed
				employment and financial interests which constitute a direct or indirect
				financial interest in a strip or underground mining operation;
(3) resolve prohibited financial interests by
				ordering or initiating remedial action or by reporting the violations to the
				Federal Coal Regulatory Authority;
(4) certify on each statement that review has
				been made, that prohibited financial interests, if any, have been resolved, and
				that no other prohibited interests have been identified from the
				statement;
(5) submit to the
				Federal Coal Regulatory Authority such statistics and information as he or she
				may request to enable preparation of the required annual report to
				congress;
(6) submit to the Federal
				Coal Regulatory Authority the initial listing and the subsequent annual
				listings of positions as required in ARM 17.24.1249;
(7) furnish a blank statement 45 days in
				advance of the filing date established in ARM
				17.24.1249 to each employee
				required to file a statement;
(8)
				inform annually each employee required to file a statement of the person whom
				they may contact for advice and counseling; and
(9) comply with ARM
				17.24.1247.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-254,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1247 - RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: RESPONSIBILITIES OF EMPLOYEES

Current through Register Vol. 13, July 5, 2024
State employees performing any duties or functions under the
				  Act shall:
(1) have no direct or
				indirect financial interest in coal mining operations;
(2) file a fully completed statement of
				employment and financial interest upon entrance to duty and annually thereafter
				on the specified filing date; and
(3) comply with directives issued by persons
				responsible for approving each statement and comply with directives issued by
				those persons responsible for ordering remedial action.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-254,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1248 - RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of ARM
				  17.24.1246 through
				  17.24.1254, the following
				  definitions apply:
(1) "Coal mining
				operation" means the business of developing, producing, preparing or loading
				bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming
				the areas upon which such operations occur.
(2) "Direct financial interest" means
				ownership or part ownership by an employee of lands, stocks, bonds, debentures,
				warrants, partnership shares, or other holdings and also means any other
				arrangement where the employee may benefit from his or her holding in or salary
				from coal mining operations. Direct financial interests include employment,
				pensions, creditor, real property and other financial relationships.
(3) "Indirect financial interest" means the
				same financial relationships as for direct ownership, except that the employee
				reaps the benefits of such interests, including interests held by his or her
				spouse, minor child and other relatives, including in-laws, residing in the
				employee's home. The employee does not have an indirect financial interest if
				there is no relationship between the employee's functions or duties and the
				coal mining operation in which the spouse, minor children or other resident
				relatives hold a financial interest.
(4) "Prohibited financial interest" means any
				direct or indirect financial interest in any coal mining operation.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-254,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1249 - RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: FILING OF STATEMENT

Current through Register Vol. 13, July 5, 2024
(1)
(a) Any
				state employee who performs any function or duty under the Act is required to
				file a statement of employment and financial interests.
(b) The director shall prepare a list of
				those positions within the department and other departments that have employees
				performing any functions under the Act and the title of bureaus or divisions
				within those departments that do not perform any functions or duties under the
				Act.
(c) The director shall submit
				to the Federal Coal Regulatory Authority the listing of positions that do not
				involve performance of any functions or duties under the Act.
(d) The director shall annually review and
				update this listing. For monitoring and reporting reasons, the listing must be
				submitted to the Federal Coal Regulatory Authority and must contain a written
				justification for inclusion of the positions listed. Proposed revisions or a
				certification that revision is not required must be submitted to the Federal
				Coal Regulatory Authority no later than September 30 of each year. The director
				may revise the listing by the addition or deletion of positions at any time he
				determines such revisions are required to carry out the purpose of the law or
				ARM 17.24.1246 through
				17.24.1254. Additions to and
				deletions from the listing of positions are effective upon notification to the
				incumbents of the positions added or deleted.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1250 - RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: CONTENTS OF STATEMENT

Current through Register Vol. 13, July 5, 2024
(1) Each employee who performs any function
				or duty under the Act shall report all information required on the statement of
				employment and financial interests of the employee, his or her spouse, minor
				children, or other relatives who are full-time residents of the employee's
				home. The report must be on OSM Form 23.
(2) The employee shall set forth the
				following information regarding any financial interest:
(a) employment: any continuing financial
				interests in business entities and nonprofit organizations through a pension or
				retirement plan, shared income, salary or other income arrangement as a result
				of prior or current employment. The employee, his or her spouse or other
				resident relative is not required to report a retirement plan from which he or
				she will receive a guaranteed income. A guaranteed income is one which is
				unlikely to be changed as a result of actions taken by the
				department;
(b) securities: any
				financial interest in business entities and nonprofit organizations through
				ownership of stock, stock options, bonds, securities or other arrangements
				including trusts. An employee is not required to report holdings in widely
				diversified mutual funds, investment clubs or regulated investment companies
				not specializing in strip or underground coal mining operations;
(c) real property: ownership, lease, royalty
				or other interests or rights in lands or minerals. Employees are not required
				to report lands developed and occupied for a personal residence.
(d) creditors: debts owed to business
				entities and nonprofit organizations. Employees are not required to report
				debts owed to financial institutions (banks, savings and loan associations,
				credit unions, and the like) which are chartered to provide commercial or
				personal credit. Also excluded are charge accounts and similar short term debts
				for current and ordinary household and living expenses.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1251 - RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: EFFECT OF FAILURE TO FILE STATEMENT

Current through Register Vol. 13, July 5, 2024
(1) Failure to file
				the statement of employment and financial interest as required in ARM
				17.24.1249 subjects the employee
				to removal from his or her position.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-254,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1252 - RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: GIFTS AND GRATUITIES

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (2) of this rule,
				an employee who performs any function or duty under the Act may not solicit or
				accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan
				or any other thing of monetary value, from a coal company that:
(a) conducts or is seeking to conduct
				operations that are regulated by the department; or
(b) has interests that may be substantially
				affected by the performance or nonperformance of the employee's official
				duty.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1253 - RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: RESOLUTION OF PROHIBITED INTERESTS OF EMPLOYEES

Current through Register Vol. 13, July 5, 2024
(1) Whenever an
				employee who performs any function or duty under the Act has a prohibited
				financial interest, the director shall promptly advise the employee that
				remedial action that will resolve the prohibited interest is required within 90
				days.
(2) Remedial action may
				include:
(a) reassignment of the employee to
				a position which performs no function or duty under the Act; or
(b) divestiture of the prohibited financial
				interest; or
(c) other appropriate
				action that either eliminates the prohibited interest or eliminates the
				situation creating the conflict.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1254 - RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: RESOLUTION OF PROHIBITED FINANCIAL INTERESTS OF THE DIRECTOR

Current through Register Vol. 13, July 5, 2024
(1) If it is
				determined that the director has a prohibited financial interest, the Governor
				shall promptly advise the director that remedial action which will resolve the
				prohibited interest is required within 90 days. Remedial action for the
				director should be consistent with the procedures prescribed for other state
				employees.
(2) If the director
				fails to resolve a prohibited financial interest as directed by the Governor,
				the Governor shall immediately report this fact to the Federal Coal Regulatory
				Authority and shall take whatever further action is deemed
				appropriate.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-254,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1255 - RESTRICTIONS ON FINANCIAL INTERESTS: MULTIPLE INTEREST ADVISORY BOARDS

Current through Register Vol. 13, July 5, 2024
(1) Members of advisory boards and
				commissions (established in accordance with state law or rules to represent
				multiple interests) who perform a function or duty under the Act shall file an
				OSM Form 23 with the director in accordance with the schedule established for
				employees in ARM
				17.24.1219(2).
				They shall recuse themselves from proceedings that may affect their direct or
				indirect financial interests.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-254,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1260 - REQUIREMENTS FOR THE CONDUCT OF BLASTING OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) Each operator shall conduct each blasting
				operation under direction of an individual who has been certified by the
				department pursuant to ARM
				17.24.1261 and who is familiar
				with the operation's blasting plan and site-specific blasting performance
				standards. The certified blaster's responsibilities include, but are not
				limited to, determining blasting pattern, hole pattern, type and quantity of
				explosives, maintenance of blasting records, and safety of employees involved
				in the storage, transportation, and use of explosives.
(2) A certified blaster may not delegate the
				direction of blasting operations to any individual who is not a certified
				blaster.
(3) A certified blaster
				and at least one other person must be present during the detonation of each
				blast.
(4) A certified blaster
				shall immediately exhibit on-site or at the mine office his certificate to any
				authorized representative of the department or the Federal Coal Regulatory
				Authority upon request.
(5) An
				operator shall require that persons who are not certified blasters receive
				direction and on-the-job training from a certified blaster before those persons
				assist in the storage, transportation, and use of explosives.
AUTH:
					 82-4-205,
					 82-4-205(7),
					 82-4-231(10)(e),
					 MCA; IMP: 82-4-231(10)(e),
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1261 - CERTIFICATION OF BLASTERS

Current through Register Vol. 13, July 5, 2024
(1)
(a) A person seeking certification as a
				blaster shall submit to the department an application on a form provided by the
				department. The applicant shall include a verifiable statement that he has
				successfully completed a training course, provided by the department, the
				operator, or other person, meeting the requirements of ARM
				17.24.1262(1) and
				incorporating the training manual prepared by the department.
(b) The department shall make available to
				the public, upon request and payment of a reasonable fee, a copy of the
				training manual. The training manual must be updated as necessary.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1262 - BLASTER TRAINING COURSES

Current through Register Vol. 13, July 5, 2024
(1) A blaster
				training course must provide appropriate training in and discuss practical
				applications of:
(a) use of explosives,
				including:
(i) selection of the type of
				explosive to be used;
(ii)
				determination of the properties of explosives which will produce desired
				results at an acceptable level of risk;
(iii) handling, transportation and
				storage;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1263 - SUSPENSION OR REVOCATION OF BLASTER CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The following are grounds for suspension
				or revocation of blaster certification:
(a)
				failure to comply with any order of the department;
(b) conviction of criminal possession or sale
				of dangerous drugs;
(c) unlawful
				use in the work place of, or current addiction to, alcohol, narcotics, or other
				dangerous drugs;
(d) violation of
				any state or federal explosives laws or regulations;
(e) providing of false information or a
				misrepresentation to obtain certification;
(f) failure to present blaster certification
				upon request of the department or Federal Coal Regulatory Authority
				personnel;
(g) delegating
				responsibility to any individual who is not a certified blaster;
(h) storage, transportation, or use of
				explosives in a manner that could threaten life or limb or cause environmental
				harm.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1264 - THE DEPARTMENT'S OBLIGATIONS REGARDING THE APPLICANT/VIOLATOR SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall enter into the applicant/violator system (AVS) the following data:
(a) information that the applicant is
				required to submit under ARM
				17.24.303(1)(f),
				(g), and (h);
(b) information submitted by the applicant
				pursuant to ARM
				17.24.303(1)(m) and
				(n) pertaining to violations which are
				unabated or uncorrected after the abatement or correction period has expired;
				and
(c) any additional information
				of the kind described in (1)(a) or (b) submitted or discovered during the
				department's permit application review, upon verification by the department of
				that additional information.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1265 - DEPARTMENT ELIGIBILITY REVIEW

Current through Register Vol. 13, July 5, 2024
(1) In
				making a permit eligibility determination, the department shall rely upon the
				information supplied by the applicant pursuant to ARM
				17.24.1264(1),
				information from AVS, and any other available information to review. The
				department shall review:
(a) the
				organizational structure and ownership or control relationships of the
				applicant and the operator;
(b) the
				permit histories of applicant and the operator;
(c) the previous mining experience of the
				applicant and the operator; and
(d)
				the history of compliance with Surface Mining Control and Reclamation Act and
				the Montana Strip and Underground Mine Reclamation Act (the Act), implementing
				rules, any permits issued thereunder, and any other applicable air or water
				quality laws, by the applicant, the operator, operations the applicant owns or
				controls, and operations the operator owns or controls.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1266 - QUESTIONS ABOUT AND CHALLENGES TO OWNERSHIP OR CONTROL FINDINGS

Current through Register Vol. 13, July 5, 2024
(1) At any time a person listed in AVS as an
				owner or controller of a surface coal mining operation in Montana may request
				an informal explanation from the department as to the reason that person is
				shown in AVS in an ownership or control capacity. Within 14 days of the
				request, the department shall provide a response describing why the person is
				listed in AVS.
(2) An applicant or
				permittee affected by an ownership or control listing or finding, a person
				listed in a permit application or AVS as an owner or controller of an entire
				surface coal mining operation or any portion or aspect thereof, or person found
				to be an owner or controller of an entire surface coal mining operation or any
				portion or aspect thereof, may challenge an ownership or control listing or
				finding to:
(a) the board if the challenge
				concerns a pending permit application; or
(b) the department if the challenge concerns
				the challenger's ownership or control of a surface coal mining operation, and
				the challenger is not currently seeking a permit.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1267 - INFORMATION REQUIREMENTS FOR PERMITTEES

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (2), within 30 days after the issuance of a cessation
				order under
				82-4-251, MCA, the permittee of
				the operation subject to the cessation order shall provide or update the
				following information:
(a) a statement
				indicating whether the permittee and any operator are corporations,
				partnerships, associations, sole proprietorships, or other business
				entities;
(b) taxpayer
				identification numbers for the permittee and any operator;
(c) the name, address, and telephone number
				for:
(i) the permittee;
(ii) the permittee's resident agent who will
				accept service of process; and
(iii) any operator;
(d) each business entity in the applicant's
				and any operator's organizational structures, up to and including the ultimate
				parent entity of the applicant and any operator and, for every such business
				entity, the required information for every president, chief executive officer,
				and director (or persons in similar positions), and every person who owns, of
				record, ten percent or more of the entity;
(e) for the permittee and any operator, the
				information required by (f) for every:
(i)
				officer;
(ii) partner;
(iii) member;
(iv) director;
(v) person performing a function similar to a
				director; and
(vi) person who owns,
				of record, ten percent or more of the permittee or operator; and
(f) the following information for
				each person listed in (e):
(i) the person's
				name, address, and telephone number;
(ii) the person's position title and
				relationship to the permittee or operator, including percentage of ownership
				and location in the organizational structure; and
(iii) the date the person began functioning
				in that position.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.13 - Strip and Underground Mine Reclamation Act: Miscellaneous Provisions › Rule 17.24.1301 - MODIFICATION OF EXISTING PERMITS: ISSUANCE OF REVISIONS AND PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Within one year of October 22, 2004, each
				operator and each test pit prospector shall submit to the department an
				application for all permit revisions necessary to bring the permit and
				operations conducted thereunder into compliance with subchapters 3 through 12
				as they read on October 22, 2004.
(2) A permit revision application submitted
				solely for purposes of (1) is a minor revision for purposes of subchapter
				4.
(3) No permittee may continue to
				mine or reclaim under an operating permit after the midterm (date that is two
				and one-half years after permit issuance or renewal) of the permit or the
				permit renewal date, whichever occurs later, unless the permit has been revised
				to comply with subchapters 3 through 12, as amended on October 22,
				2004.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-221,
					 82-4-222,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.13 - Strip and Underground Mine Reclamation Act: Miscellaneous Provisions › Rule 17.24.1302 - NONCONFORMING STRUCTURE

Current through Register Vol. 13, July 5, 2024
(1) No application
				for a permit or revision under subchapter 3 or 4 which proposes to use an
				existing structure which does not conform to the design criteria of this
				subchapter may be approved unless the department finds, in writing, on the
				basis of information set forth in the application that:
(a) the structure meets the performance
				standards of subchapters 5 through 10; and
(b) no significant harm to the environment or
				public health or safety will result from use of the structure.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.13 - Strip and Underground Mine Reclamation Act: Miscellaneous Provisions › Rule 17.24.1303 - RULES APPLICABLE TO COAL OPERATIONS ONLY

Current through Register Vol. 13, July 5, 2024
(1) The following rules are applicable only
				to the strip and underground mining of coal: ARM
				17.24.763 (Coal Conservation),
				17.24.801,
				17.24.802,
				17.24.804 through
				17.24.806 (Alluvial Valley
				Floors), 17.24.811 and
				17.24.815 (Prime Farmlands),
				17.24.1131 through
				17.24.1138 (Areas Upon Which
				Mining Is Prohibited),
				17.24.1141 through
				17.24.1148 (Designation of Lands
				Unsuitable), and
				17.24.1221 through
				17.24.1228 (Small Operator
				Assistance Program), and those portions of subchapter 3 that apply to these
				rules. In addition, certain portions of other rules may be applicable only to
				coal mining if the text of the rule clearly so indicates.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227,
					 82-4-228,
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.13 - Strip and Underground Mine Reclamation Act: Miscellaneous Provisions › Rule 17.24.1304 - APPLICABILITY OF FEDERAL LAW

Current through Register Vol. 13, July 5, 2024
(1) Wherever
				subchapters 3 through 12 require compliance with both state and federal law or
				regulations, compliance only with state law is required when, with consent of
				the federal regulatory agency, state law and rules are being enforced in lieu
				of federal law and regulations.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-202,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.13 - Strip and Underground Mine Reclamation Act: Miscellaneous Provisions › Rule 17.24.1307 - LITIGATION EXPENSES: WHEN DEPARTMENT MAY AWARD

Current through Register Vol. 13, July 5, 2024
(1) Whenever any final order is issued at the
				request of any person other than the permittee, permit applicant, or the
				department as a result of any administrative proceeding under the Act,
				appropriate and reasonable costs, expenses, and attorney fees incurred for or
				in connection with that person's participation in those proceedings may be
				assessed against either party.
(2)
				Whenever any final order is issued in any administrative proceeding under the
				Act at the request of the permittee, permit applicant, or the department,
				appropriate and reasonable costs, expenses and attorney fees incurred by the
				permittee, permit applicant, or the department for or in connection with
				participation in the proceeding may be assessed against any party if it is
				demonstrated that the party participated in the proceeding in bad faith and for
				the purpose of harassing or embarrassing the permittee, permit applicant, or
				the department.
(3) For the
				purposes of (1) and (2) of this rule, a final order is considered to have been
				issued at a person's request if the person made a substantial contribution to
				the issuance of that order.
(4)
				Attorney fees, costs and expenses recoverable under (1) and (2) of this rule
				include attorney fees, costs and expenses reasonably and necessarily incurred
				in seeking an award under this rule.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-251,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.13 - Strip and Underground Mine Reclamation Act: Miscellaneous Provisions › Rule 17.24.1308 - LITIGATION EXPENSES: FILING OF PETITION

Current through Register Vol. 13, July 5, 2024
(1)
				The petition for an award of costs, expenses, and attorney fees must be filed
				within 45 days of receipt of such order. Failure to make a timely filing of the
				petition may constitute a waiver of the right to such an award.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-251,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.13 - Strip and Underground Mine Reclamation Act: Miscellaneous Provisions › Rule 17.24.1309 - LITIGATION EXPENSES: CONTENTS OF PETITION AND ANSWER

Current through Register Vol. 13, July 5, 2024
(1) A petition for costs, expenses, or
				attorney fees must include the name of the person from whom costs and expenses
				are sought and the following must be submitted in support of the petition:
(a) an affidavit setting forth in detail all
				costs and expenses including attorney fees reasonably incurred for or in
				connection with, the person's participation in the proceedings;
(b) receipts or other evidence of such costs
				and expenses; and
(c) where
				attorney fees are claimed, evidence concerning the hours expended on the case,
				the customary commercial rate of payment for such services in the area, and the
				experience, reputation and ability of the individual or individuals performing
				the services.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1801 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Mine site location" means that area of
				land to be affected by preparatory work.
(2) "Proposed mining area" means that area of
				land to be affected by all strip mining related activities including the
				preparatory work area. The area so described shall comprise the total area to
				be disturbed by the life of the operation as anticipated at the time
				application is made.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-122,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1802 - APPLICABILITY DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) All
				non-existing or non-operating mines at the time of passage of Title 82, chapter
				4, part 1, MCA, (Strip Mine Siting Act) from which 10,000 cubic yards of
				mineral or overburden will be removed are subject to the Act.
(2) A person currently engaged in strip
				mining activities and contemplating an expansion of existing strip mine may, at
				any time, request that the department, by declaratory ruling, determine whether
				said contemplated expansion constitutes a new strip mine. The request shall be
				made in writing and shall include:
(a)
				topographic map showing the total proposed mining area of the contemplated
				expansion, as known, and the relationship of the proposed expansion to the
				existing mine and facilities;
(b)
				narratives and maps describing soils, wildlife, geologic structure, and
				vegetation of the proposed expansion. The department may require narratives and
				maps as described by Title 82, chapter 4, part 1, MCA, rules and regulations
				pursuant thereto and current departmental guidelines;
(c) total number of acres involved in the
				proposed expansion;
(d) a brief
				narrative describing what expansion of facilities or new construction, if any,
				is contemplated.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1803 - APPLICATION FOR PERMIT: GENERAL REQUIREMENTS AND PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) If desired by the applicant, meetings
				with departmental staff may be arranged prior to formal permit application.
				Such meetings would provide further information and clarify guidelines to be
				used in preparing application submittals.
(2) The application shall contain in
				completed form all of the proposed mining area resource inventories, maps,
				data, analyses, surveys and other information deemed necessary by the
				department to determine the acceptability of the proposed mining area under the
				criteria specified in
				82-4-227(2) through
				(6), MCA. The application shall also contain
				such resource data, maps, surveys, analyses, and other information as the
				department deems necessary for a preliminary review of the proposed mining area
				under the criteria specified in
				82-4-227(1) and
				(5), MCA. If the application is not basically
				complete regarding the information required to determine acceptability under
				the criteria specified in this section required at the time of application the
				department shall notify the applicant within 90 days of receipt of the
				application and delineate deficient areas. When the department determines the
				application is basically complete, the 365 day review period established in
				82-4-122, MCA, begins on the date
				the last of the application materials was submitted.
(3) If field inspections or an in-depth
				review of application materials submitted reveals that supplemental information
				is necessary, the department shall require such information at any time during
				the review process. If the necessary supplemental information is not submitted
				by the applicant in time for adequate departmental consideration and review,
				the permit shall be denied. If a permit is denied solely on these grounds, an
				applicant may submit a new application form, reference the supportive
				information previously submitted and request a waiver of the 365 day review
				period.
(4) All tests, analyses, or
				surveys carried out pursuant to these rules and regulations shall be performed
				or certified by a qualified person. The method and/or procedures used in a
				given test, analysis or survey shall be documented and described.
(5) An application for a mine site location
				permit shall be made on forms provided by the department.
(6) Three copies of all applications, maps,
				reports or other data shall be required.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-122,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1804 - CONTENTS OF APPLICATION: MAP

Current through Register Vol. 13, July 5, 2024
A current 7.5 minute USGS "topographic" map shall be
				  submitted in all cases where a map depicting surface conditions is required. If
				  a USGS topographic map is unavailable an equivalent will be acceptable. The map
				  or maps submitted shall clearly:
(1)
				show the location and area of land to be affected during the life of the
				proposed mining operation with a description of access from the nearest public
				highway;
(2) identify the area to
				correspond with the application;
(3) show any adjacent deep mining and the
				boundaries of surface properties and names of owners of record of the proposed
				mining area and within 1/2 mile of any part of the proposed mining
				area;
(4) show the names and
				locations of all streams, creeks, or other bodies of water, roads, buildings,
				cemeteries, oil and gas wells, and utility lines on the proposed mining area
				and within 1,000 feet of such area;
(5) show by appropriate markings the
				boundaries of the area of land to be affected by the proposed mining operation,
				any cropline of the seam or deposit of mineral to be mined, and total number of
				acres involved in the area of land to be affected by the proposed mining
				operation;
(6) show the date on
				which the map was prepared and the north point;
(7) show the location of test boring
				holes;
(8) show the surface
				location lines of any geologic cross-sections which have been
				submitted;
(9) be certified as
				follows: "I, the undersigned, hereby certify that this map is correct, and
				shows to the best of my knowledge and belief all the information required by
				the strip mining laws of this state." The certification shall be signed and
				notarized. The department may reject a map as incomplete if its accuracy is not
				so attested;
(10) contain such
				other or further information as the department may require. The department will
				notify the applicant in writing as to what additional information is
				required.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-122,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1805 - CONTENTS OF APPLICATION: COMPLIANCE INFORMATION

Current through Register Vol. 13, July 5, 2024
Each application shall contain the following
				  information:
(1) the names and
				addresses of the owners of record of the surface of the area of land to be
				affected during the life of the proposed mining operation and the owners of
				record within 1/2 mile of any part of the proposed mining area;
(2) the names and addresses of the present
				owners of record of all subsurface minerals in the land to be affected during
				the life of the proposed mining operations;
(3) the source of the applicant's legal right
				to conduct preparatory work activities on the land affected by the proposed
				mine site location permit;
(4) the
				permanent and temporary post office addresses of the applicant;
(5) whether the applicant or any person
				associated with the applicant holds or has held any other permits, either under
				this Act or under Title 82, chapter 4, part 1, MCA, and an identification of
				those permits;
(6) whether the
				applicant, or any officer, partner, director, or any individual owning of
				record or beneficially (alone or with associates), 10% or more of any class of
				stock of the applicant have ever received a notice of violation or
				non-compliance, or has had a location permit or license, a strip mining license
				or permit, or a prospecting permit issued by any other state or federal agency
				suspended, fined and/or revoked, or have ever forfeited a mine site location,
				or strip mining bond or security in lieu of a bond and if so, a detailed
				explanation of the facts involved and the penalties assessed in each case must
				be attached;
(7) the names and
				addresses of all known contractors or companies who will engage in preparatory
				work on behalf of the applicant. As additional contractors or companies are
				engaged they shall be reported in writing to the department within 1 week of
				employment;
(8) the annual rainfall
				and the direction and average velocity of the prevailing winds in the area
				where the applicant has requested a permit;
(9) the name and date of a daily newspaper of
				general circulation within the county in which the applicant has prominently
				published an announcement of his application for a mine site location permit,
				and a detailed description of the land to be affected should a permit be
				granted;
(10) a recent aerial
				photograph of the proposed mining area. Such photograph shall be at a scale of
				1"=660' or such other size as may be agreed to by the department.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-122,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1806 - CONTENTS OF APPLICATION: MINERAL AND OVERBURDEN INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The applicant shall provide to the
				department information, data, maps, analyses and test logs from the proposed
				mining area for a preliminary review of mineral and overburden characteristics.
				Drilling shall be performed at a suitable interval depending on the nature and
				variability (including chemical, physical, thickness, structure, and hydrologic
				characteristics) of the overburden and mineral but the interval shall not be
				less than 1 hole per each 100 acre grid or fraction thereof, unless the
				department notifies the applicant in writing that fewer holes will be
				acceptable.
(2) All holes shall be
				sampled and tested to the bottom of the lowest deposit proposed to be mined.
				(The applicant should keep in mind the requirements of Title 82, chapter 4,
				part 2, MCA, and the rules and regulations adopted pursuant thereto, in
				conducting the drilling program.)
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-122,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1807 - CONTENTS OF APPLICATION: STUDIES AND INVENTORIES

Current through Register Vol. 13, July 5, 2024
The applicant shall submit, as a minimum:
(1) overburden analyses capable of meeting
				the requirements of Title 82, chapter 4, part 2, MCA, pursuant rules and
				regulations and current departmental guidelines;
(2) mineral analyses capable of meeting the
				requirements of Title 82, chapter 4, part 2, MCA, pursuant rules and
				regulations and current departmental guidelines;
(3) two sets of geologic cross-sections
				accurately depicting the geologic makeup beneath the surface of the proposed
				mining area. Each set shall depict subsurface conditions at intervals not to
				exceed 1,500 feet across the surface and shall run at a 90º angle to the
				other set. Each cross-section shall depict the thickness and geologic character
				of all strata beginning with the topsoil. After the department has had
				opportunity to review material, submitted pursuant to (1) and (2) of this rule,
				and this section, the applicant shall be notified in writing as to whether any
				additional drilling or testing will be required. If further tests are deemed
				necessary by the department, the additional testing program shall be clearly
				outlined in writing to the applicant.
(4) soil surveys and maps capable of meeting
				the requirements of Title 82, chapter 4, part 2, MCA, pursuant rules and
				regulations, and current department guidelines;
(5) vegetation surveys and maps capable of
				meeting the requirements of Title 82, chapter 4, part 2, MCA, pursuant rules
				and regulations, and current departmental guidelines;
(6) wildlife surveys and maps capable of
				meeting the requirements of Title 82, chapter 4, part 2, MCA, pursuant rules
				and regulations and current departmental guidelines;
(7) hydrology studies and maps capable of
				meeting the requirements of Title 82, chapter 4, part 2, MCA, pursuant rules
				and regulations, and current department guidelines;
(8) a listing, location and description of
				the archaeological, historical, ethnological and cultural values of the area of
				land to be affected by the proposed mining operation. When possible, such
				values shall be located and identified on accompanying maps. Published research
				or other information must be submitted or referenced;
(9) a comprehensive listing, location and
				description of scenic and/or geological formation or sites. Panoramic
				photographs may be used to show such formations or sites;
(10) a description of effect the proposed
				mining area operation will have on adjacent or surrounding lands.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-112,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1808 - CONTENTS OF APPLICATION: BLASTING INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The applicant shall provide to the
				department a detailed narrative of proposed blasting methods that will be
				performed in conjunction with the proposed mining area operation. The applicant
				shall detail all other phases of the proposed operation that may have
				deleterious effects on a dwelling house, public building, school, church,
				cemetery, commercial or institutional building, public road, stream, lake, or
				other public property. Procedures employed to mitigate adverse effects shall be
				described.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-122,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1809 - CONTENTS OF APPLICATION: MINING AND RECLAMATION PLANS

Current through Register Vol. 13, July 5, 2024
The applicant shall also provide to the department a general
				  mining and reclamation plan for the proposed mining operation. These plans
				  shall, as a minimum, include the following topical discussions:
(1) a mining plan, including:
(a) direction of mining;
(b) estimated acreage to be disturbed
				yearly;
(c) estimated average depth
				of overburden;
(d) length and width
				of proposed cuts;
(e) estimated
				production (tons/yr.);
(f) a
				narrative discussion showing that any deleted areas will be given appropriate
				consideration;
(g) such other or
				further information as the department may require;