Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1104 - BONDING: ADJUSTMENT OF AMOUNT OF BOND

Current through Register Vol. 13, July 5, 2024
(1)
				The amount of the performance bond must be increased, as required by the
				department, as the acreage in the permit area increases, methods of mining
				operation change, standards of reclamation change or when the cost of future
				reclamation, restoration or abatement work increases. The department shall
				notify the permittee of any proposed bond increase and provide the permittee an
				opportunity for an informal conference on the proposal. The department shall
				review each outstanding performance bond at the time that permit reviews are
				conducted under ARM
				17.24.414 through
				17.24.416 and reevaluate those
				performance bonds in accordance with the standards in ARM
				17.24.1102.
(2) When subsidence-related material damage
				to land, structures, or facilities protected under ARM
				17.24.911(7) (a) through
				(c) occurs, or when contamination,
				diminution, or interruption to a domestic water supply protected under ARM
				17.24.903(2)
				occurs as a result of underground mining activities, the department shall
				require the operator to obtain additional performance bond in the amount of the
				estimated cost of the repairs if the operator will be repairing damage, or in
				the amount of the decrease in value if the operator will be compensating the
				owner, or in the amount of the estimated cost to replace the protected water
				supply if the operator will be replacing the water supply, until the repair,
				compensation, or replacement is completed. If repair, compensation, or
				replacement is completed within 90 days of the occurrence of damage, no
				additional bond is required. The department may extend the 90-day time frame,
				not to exceed one year, if the operator demonstrates and the department finds
				in writing that subsidence is not complete, that not all probable
				subsidence-related material damage has occurred to lands or protected
				structures, or that not all reasonably anticipated changes affecting the
				protected water supply have occurred, and that therefore it would be
				unreasonable to complete within 90 days the repair of the subsidence-related
				material damage to lands or protected structures, or the replacement of a
				protected water supply.
(3) A
				permittee may request reduction of the required performance bond amount upon
				submission of evidence to the department proving that the permittee's method of
				operation or other circumstances not related to the completion of reclamation
				work will reduce the maximum estimated cost to the department to complete the
				reclamation responsibilities and therefore warrant a reduction of the bond
				amount. Bond reductions which involve undisturbed land, disturbed land
				previously released from reclamation liability in accordance with ARM
				17.24.1111 through
				17.24.1115 and
				17.24.1116(6), or
				revision of the cost estimate of reclamation are not considered bond release
				subject to procedures of ARM 17.24.1111. Any other request to reduce a
				performance bond must be considered as a request for partial bond release in
				accordance with the procedures of ARM
				17.24.1111 through
				17.24.1116.
(4) For bond adjustment
				requests on undisturbed land, the permittee shall submit a map of the area in
				question and shall revise the appropriate active permit maps. The department
				shall then conduct an inspection of the proposed area before responding to such
				requests.
(5) The amount of
				disturbance within a permit area must not exceed the amount bonded
				for.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA