Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
When used in this subchapter, unless a different meaning
				  clearly appears from the context, the following definitions apply:
(1) "Access road" means an existing or
				proposed non-public road that connects an opencut operation to a public road or
				highway. The term includes the roadbed, cut and fill slopes, ditches, and other
				structures and disturbances related to the construction, use, and reclamation
				of the access road.
(2) "Bonded
				area" means a portion of the permit area that is subject to a reclamation bond
				or other security approved by the department under this subchapter.
(3) "Clean fill" means soil, overburden,
				fines, dirt, sand, gravel, rocks, and rebar-free concrete that have not been
				made impure by contact, commingling, or consolidation with organic compounds
				such as petroleum hydrocarbons, inorganic metals, or contaminants that meet the
				definition of hazardous waste under ARM Title 17, chapter 53, or regulated PCB
				(polychlorinated biphenyls). "Rebar-free concrete" means pieces of concrete
				that may contain rebar, but from which no rebar protrudes beyond the
				concrete.
(4) "Department" means
				the Department of Environmental Quality provided for in
				2-15-3501,
				MCA.
(5) "Dryland permit" means a
				permit required under
				82-4-432(1)(c),
				MCA and subject to
				82-4-432(14),
				MCA.
(6) "Intermittent stream"
				means a stream or reach of a stream that is below the local water table for at
				least some part of the year and obtains its flow from both ground water
				discharge and surface runoff.
(7)
				"Dryland permit" means a permit required under
				82-4-432(1)(c),
				MCA and subject to
				82-4-432(14),
				MCA.
(8) "Intermittent stream"
				means a stream or reach of a stream that is below the local water table for at
				least some part of the year and obtains its flow from both ground water
				discharge and surface runoff.
(9)
				"Occupied dwelling unit" has the meaning given in
				82-4-403,
				MCA.
(10) "Materials" has the
				meaning given in
				82-4-403,
				MCA.
(11) "Non-bonded area" means
				the portion of a permit area that is not covered by a reclamation bond or other
				security approved by the department under this subchapter.
(12) "Occupied dwelling unit" has the meaning
				given in
				82-4-403,
				MCA.
(13) "Perennial stream" means
				a stream or part of a stream that flows continuously during all of the calendar
				year as a result of ground water discharge or surface runoff.
(14) "Opencut operation" has the meaning
				given in
				82-4-403,
				MCA.
(15) "Overburden" has the
				meaning given in
				82-4-403,
				MCA.
(16) "Pattern of violations"
				means three or more violations of the Act or this subchapter that harm or have
				the potential to harm human health or the environment. A violation does not
				contribute to a pattern of violations:
(a)
				until such time as the opportunity for administrative review, judicial review,
				or appeal have passed for the violation; or
(b) after the violator demonstrates
				compliance with all the terms of an administrative or judicial order in an
				action taken by the department under authority of the Act and this subchapter
				because of the violation.