reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.311 - AIR POLLUTION CONTROL PLAN

Current through Register Vol. 13, July 5, 2024
(1) For all strip
				mining operations with projected production rates exceeding 1,000,000 tons of
				mineral per year, the application must contain an air pollution control plan
				that includes the following:
(a) an air
				quality monitoring program to provide sufficient data to evaluate the
				effectiveness of the fugitive dust control practices proposed under (b) to
				comply with federal and state air quality standards; and
(b) a plan for fugitive dust control
				practices as required by ARM
				17.24.761.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.312 - FISH AND WILDLIFE PLAN

Current through Register Vol. 13, July 5, 2024
(1) Each
				application must contain a fish and wildlife plan, consistent with ARM
				17.24.751 that provides:
(a) a description of how the plan will
				minimize disturbances and adverse impacts on fish, wildlife, and related
				environmental values during mining and reclamation operations, how enhancement
				of these resources will be achieved, where practicable, and how the plan will
				comply with the Endangered Species Act of 1973, as amended. The plan must
				apply, at a minimum, to species and habitats identified in ARM
				17.24.304(1) (j)
				(i) and (iii), and must cover the permit area
				and portions of adjacent areas as determined by the department pursuant to ARM
				17.24.304(1) (j)
				(v);
(b) a description of the wildlife habitat
				enhancement features that will be integrated with other land uses, pursuant to
				82-4-232(9), MCA,
				and ARM 17.24.313;
(c) if the applicant states that it will not
				be practicable, in accordance with (1), to achieve a condition that clearly
				shows a trend toward enhancement of fish and wildlife resources at the time
				revegetation has been successfully completed, a statement documenting, to the
				satisfaction of the department, why it is not practicable to achieve such a
				condition; and
(d) a statement
				explaining how the applicant will utilize impact control measures, management
				techniques, and annual monitoring methods to protect or enhance the following,
				if they are to be affected by the proposed activities:
(i) threatened or endangered species of
				plants or animals listed by the U.S. secretary of interior under the Endangered
				Species Act of 1973, as amended (16 USC 1531, et seq.) and their
				critical habitats;
(ii) species
				such as eagles, migratory birds, other animals protected by state or federal
				law, and their habitats, and any other species identified through the
				consultation process pursuant to ARM
				17.24.304(1) (j);
				and
(iii) habitats of unusually
				high value for fish and wildlife, such as wetlands, riparian areas, cliffs
				supporting raptors, areas offering special shelter or protection, reproduction
				and nursery areas, and wintering areas.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.314 - PLAN FOR PROTECTION OF THE HYDROLOGIC BALANCE

Current through Register Vol. 13, July 5, 2024
(1) Each permit application must contain a
				detailed description, supported by appropriate maps, data, and other graphics,
				of the measures to be taken during and after the proposed mining activities to
				minimize disturbance of the hydrologic balance on and off the mine plan area
				and to prevent material damage to the hydrologic balance outside the permit
				area in accordance with subchapters 4 through 9. The measures must minimize
				disturbance of the hydrologic balance sufficiently to sustain the approved
				postmining land use and the performance standards of subchapters 5 through 12
				and must provide protection of:
(a) the
				quality of surface and ground water systems, within both the proposed mine plan
				and adjacent areas, from the adverse effects of the proposed strip or
				underground mine operations;
(b)
				the rights of present users of surface and ground water; and
(c) the quantity of surface and ground water
				within both the proposed mine plan area and adjacent areas from adverse effects
				of the proposed mining activities, or to provide alternative sources of water
				in accordance with ARM
				17.24.304(1)(e) and
				(f) and
				17.24.648, where the protection of
				quantity cannot be ensured.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.315 - PLAN FOR PONDS AND EMBANKMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each
				application must include a general plan for each proposed sedimentation pond
				and water impoundment within the proposed mine plan areas.
(a) Each general plan must:
(i) be prepared by, or under the direction
				of, and certified by a qualified licensed professional engineer, experienced in
				designing impoundments;
(ii)
				contain a description, map, and cross-section of the structure and its
				location;
(iii) contain preliminary
				hydrologic and geologic information required to assess the hydrologic impact of
				the structure;
(iv) contain a
				survey describing the potential effect on the structure from subsidence of the
				subsurface strata resulting from past underground mining operations if
				underground mining has occurred; and
(v) contain a certification statement which
				includes a schedule setting forth the dates that any detailed design plans for
				structures that are not submitted with the general plan will be submitted to
				the department. The department must have approved, in writing, the detailed
				design plan for a structure before construction of the structure
				begins.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.316 - STRIP OR UNDERGROUND MINING NEAR UNDERGROUND MINING

Current through Register Vol. 13, July 5, 2024
(1) For strip or underground mining
				operations within the proposed permit area to be conducted within 500 feet of
				an active or abandoned underground mine, the application must describe the
				measures to be used to comply with
				82-4-227(8), MCA,
				and ARM 17.24.516.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-222,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.317 - DIVERSIONS

Current through Register Vol. 13, July 5, 2024
(1) For strip or underground mining
				operations within the proposed permit area to be conducted within 500 feet of
				an active or abandoned underground mine, the application must describe the
				measures to be used to comply with
				82-4-227(8), MCA,
				and ARM 17.24.516.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-222,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.318 - PROTECTION OF PUBLIC PARKS AND HISTORIC PLACES

Current through Register Vol. 13, July 5, 2024
(1) For any public parks, historic places, or
				other significant cultural resources identified in ARM
				17.24.304(2) that
				may be adversely affected by the proposed operations, each plan must describe
				the measures to be used to minimize or prevent these impacts, the timing and
				tracking of these measures relative to the disturbance schedule, and how the
				applicant will obtain approval of the department and other agencies as required
				in ARM 17.24.1131.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-222,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.319 - RELOCATION OR USE OF PUBLIC ROADS

Current through Register Vol. 13, July 5, 2024
Each application must describe, with appropriate maps and
				  cross-sections or other proof required by the department, the measures to be
				  used to ensure that the interests of the public and landowners affected are
				  protected if, under ARM
				  17.24.1134 and
				  17.24.1135, the applicant is
				  seeking approval of:
(1) conducting
				the proposed mining activities within 100 feet of the right-of-way line of any
				public road, except where mine access or haul roads join that right-of-way;
				or
(2) relocating or closure of a
				public road.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-222,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.320 - PLANS FOR DISPOSAL OF EXCESS SPOIL

Current through Register Vol. 13, July 5, 2024
(1) Each
				application must contain descriptions, including appropriate maps and
				cross-section drawings, of the proposed disposal site and design of the spoil
				disposal structures according to ARM
				17.24.520. These plans must
				describe the geotechnical investigation, design, construction, operation,
				maintenance, and removal (if appropriate) of the site and structures in
				accordance with state and federal statutes and rules (see also
				30 CFR
				816.71 and
				816.73).
(2) Each application must contain the results
				of a geotechnical investigation of the proposed disposal site, including the
				following:
(a) the character of bedrock and
				any adverse geologic conditions in the disposal area;
(b) a survey identifying all springs, seepage
				and ground water flow observed or anticipated during wet periods in the area of
				the disposal site;
(c) a survey of
				the potential effects of subsidence of the subsurface strata due to past and
				future mining operations;
(d) a
				technical description of the rock materials to be utilized in the construction
				of those disposal structures containing rock chimney cores and underlain by a
				rock drainage blanket; and
(e) a
				stability analysis including, but not limited to, strength parameters, pore
				pressures and long-term seepage conditions. These data must be accompanied by a
				description of all engineering design assumptions and calculations and the
				alternatives considered in selecting the specific design specifications and
				methods.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.321 - TRANSPORTATION FACILITIES PLAN

Current through Register Vol. 13, July 5, 2024
(1) Each
				application must contain a description of each road, conveyor, and railroad
				loop to be constructed, used, or maintained within the proposed permit area.
				The description must include the following as appropriate for the type of
				construction:
(a) a map, cross-sections, and
				specifications for each road including width, gradient, surface, cut,
				embankment, culvert, bridge, drainage ditch, and drainage structure;
(b) a report of geotechnical analysis, where
				approval of the department is required for alternative
				specifications;
(c) a description
				of measures to be taken to obtain approval of the department for alteration or
				relocation of a natural drainageway;
(d) a description of measures, other than use
				of a rock headwall, to be taken to protect the inlet end of a ditch relief
				culvert for approval by the department under ARM
				17.24.605(6);
(e) demonstration of compliance with ARM
				17.24.601 through
				17.24.606;
(f) demonstration of compliance with any
				design criteria established by the department; and
(g) in accordance with standards of
				subchapters 5, 6, 7, and 8, a description of measures that will be used to
				reclaim any roads that will not be reclaimed as part of the reclamation
				activities of the mine excavations.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.322 - GEOLOGIC INFORMATION AND COAL CONSERVATION PLAN

Current through Register Vol. 13, July 5, 2024
(1) An application for a permit to mine coal
				must include a coal conservation plan to allow determination of whether failure
				to conserve coal may occur.
(2) The
				plan must include:
(a) the results of all
				test borings, evaluations, observations, and analyses, including the following:
(i) a narrative interpretation of the results
				of all test borings or core samplings conducted on the area to be mined or
				otherwise affected, including the nature, depth, and thickness of all known
				strata, overburden, and all coal seams encountered;
(ii) a narrative identifying the total
				reserves in the permit area along with a description of the method of
				calculation;
(iii) geologic
				cross-sections accurately depicting the known geologic makeup beneath the
				surface of the area to be mined or otherwise affected. The cross-sections must
				depict the thickness and geological character of all known strata, beginning
				with the soil and including the stratum immediately below the lowest of all the
				potentially economically minable coal seams or the stratum containing any
				aquifer below this seam that may be adversely impacted by mining, whichever is
				deeper. (See ARM
				17.24.304(5) and
				(7));
(iv) a map showing elevations and locations
				of test borings and coal sampling;
(v) upon request by the department, isopach
				maps of overburden, interburden, and all coal seams proposed to be
				mined;
(vi) an analysis and summary
				of the chemical properties of all coal seams to be disturbed including the
				content of sulfur (organic and inorganic), trace mineral elements, sodium (as
				Na2O), moisture, and ash as well as the British thermal unit (BTU) content per
				pound;
(vii) all coal crop lines
				and the strike and dip of the coal to be mined within the proposed mine plan
				area;
(viii) location and extent of
				known workings of active, inactive, or abandoned underground mines, including
				mine openings to the surface within the proposed mine plan and adjacent areas;
				and
(ix) location and extent of
				existing or previously strip mined areas within the proposed mine plan
				area;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.323 - GRAZING PLAN IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204,
					 82-4-205, MCA; IMP,
					 82-4-222,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.324 - PRIME FARMLANDS: SPECIAL APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) If land within the proposed permit area
				is identified as prime farmland under ARM
				17.24.306, the applicant shall
				submit a plan for the mining and restoration of the land. Each plan must
				contain the following:
(a) the soil survey
				requirements listed under ARM
				17.24.304(11),
				and also including:
(i) a description of the
				mapping unit(s) containing each prime farmland soil;
(ii) the depth and thickness of each of the
				soil horizons that collectively constitute the root zone of the locally adapted
				crops; and
(iii) the bulk densities
				of each soil horizon for each prime farmland soil;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.326 - AUGER MINING: SPECIAL APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Any application for a permit for
				operations using auger mining methods must contain, in the mining and
				reclamation plan, a description of the augering methods to be used and the
				measures to be used to comply with ARM
				17.24.831 through
				17.24.833.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-222,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.327 - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED WITHIN A MINE PERMIT AREA: SPECIAL APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				This rule applies to any person who intends to operate a coal preparation
				plant, processing plant or support facility not located within a permit area of
				a specific mine. Any person who intends to operate such a processing plant or
				support facility shall obtain a permit from the department in accordance with
				the requirements of this subchapter.
(2) Any application for a permit for
				operations covered by this rule must contain in the mining and reclamation
				plan, specific plans, including descriptions, maps, and cross-sections of the
				construction, operation, maintenance, and removal of the preparation plant,
				processing plant and associated support facility. The plan must demonstrate
				that those operations will be conducted in compliance with all applicable
				rules.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-222,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.402 - SUBMISSION OF COMMENTS AND WRITTEN OBJECTIONS

Current through Register Vol. 13, July 5, 2024
(1)
(a) The
				governmental entities specified in ARM
				17.24.401(5) (b) 
				may file written comments on applications with the department with respect to
				the effects of the proposed mining operations on the environment within their
				areas of responsibility. These comments must be submitted to the department
				within 30 days of receipt of written notice pursuant to ARM
				17.24.401(5).
(b) The department shall immediately transmit
				a copy of all such comments for filing and public inspection at the public
				office where the applicant filed a copy of the application under ARM
				17.24.401(6). A
				copy must also be transmitted to the applicant.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.403 - INFORMAL CONFERENCE

Current through Register Vol. 13, July 5, 2024
(1) Any person
				whose interests are or may be adversely affected by the decision on an
				application submitted pursuant to ARM
				17.24.401(1) or
				the officer or head of any federal, state or local government agency or
				authority may, in writing, request that the department hold an informal
				conference on that application. The request must:
(a) briefly summarize the issues to be raised
				by the requestor at the conference;
(b) state whether the requestor desires to
				have the conference conducted in the locality of the proposed activity;
				and
(c) be filed with the
				department not later than 30 days after the last publication of the newspaper
				advertisement placed by the applicant under ARM
				17.24.401(3).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.404 - REVIEW OF APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall review each administratively complete application, written comments,
				written objections submitted, and records of any informal conference held and
				determine the acceptability of the application within 120 days of its
				determination of administrative completeness. If the applicant significantly
				modifies the application before the acceptability determination, the department
				shall conduct a new review, including an administrative completeness
				determination, public notice, public review, and 120-day review
				period.
(2)
(a) If the application is not acceptable, the
				department shall notify the applicant in writing, setting forth the reasons why
				it is not acceptable. The department may propose modifications, delete areas,
				or reject the entire application. All items not identified as unacceptable are
				presumed acceptable.
(b) If the
				applicant revises the application in response to a notice of unacceptability,
				the department shall review the revised application and notify the applicant
				within 120 days of date of receipt, except that if the revision constitutes a
				significant modification, the department shall conduct a new review, including
				an administrative completeness determination, public notice, and public
				review.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.406 - IMPROVIDENTLY ISSUED PERMITS: GENERAL PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) If the department determines that it has
				reason to believe it improvidently issued an operating permit, it shall review
				the circumstances under which the permit was issued, using the criteria in (2)
				of this rule. If the department finds that the permit was improvidently issued,
				it shall comply with (3) of this rule.
(2) The department shall find that an
				operating permit was improvidently issued whenever:
(a) under the violations review criteria of
				ARM 17.24.404 at the time the permit
				was issued:
(i) the department should not
				have issued the permit because of an unabated violation or a delinquent penalty
				or fee; or
(ii) the permit was
				issued on the presumption that a notice of violation was in the process of
				being corrected to the satisfaction of the agency with jurisdiction over the
				violation, but a cessation order was subsequently issued;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.407 - IMPROVIDENTLY ISSUED PERMITS: REVOCATION

Current through Register Vol. 13, July 5, 2024
(1)
				If the department, pursuant to ARM
				17.24.406(3) (d),
				elects to revoke an improvidently issued permit, it shall serve on the
				permittee a notice of proposed suspension and revocation. The notice must
				include the reasons for the finding under ARM
				17.24.406(3) and
				state that:
(a) after a specified period of
				time not to exceed 90 days, the permit automatically will become suspended, and
				not to exceed 90 days thereafter revoked, unless within those periods the
				permittee submits proof, and the department finds, that:
(i) the finding of the department under ARM
				17.24.406(2) was
				erroneous;
(ii) the permittee or
				other person responsible has abated the violation on which the finding was
				based, or paid the penalty or fee, to the satisfaction of the responsible
				agency;
(iii) the violation,
				penalty or fee is the subject of a good-faith appeal, or of an abatement plan
				or payment schedule with which the permittee or other person responsible is
				complying to the satisfaction of the responsible agency; or
(iv) since the finding was made, the
				permittee has severed any ownership or control link with the person responsible
				for, and does not continue to be responsible for, the violation, penalty or
				fee;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.412 - EXTENSION OF TIME TO COMMENCE MINING

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall specifically set forth in the permit any extension of the
				three-year limitation granted pursuant to
				82-4-221(1),
				MCA.
(2) A request pursuant to
				82-4-221(1), MCA,
				for extension of time to commence mining is subject to the public notice and
				participation requirements of ARM
				17.24.401 through
				17.24.403.
(3) The notice must include the items
				required in ARM
				17.24.401(3) and
				the following:
(a) the permit
				number;
(b) the grounds for the
				extension request.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.413 - CONDITIONS OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) The following
				conditions accompany the issuance of each permit:
(a) Except to the extent that the department
				otherwise directs in the permit that specific actions be taken, the permittee
				shall conduct all operations as described in the application as approved by the
				department.
(b) The permittee shall
				comply with any express conditions which the department places on the permit to
				ensure compliance with the Act or this rule promulgated pursuant
				thereto.
(c) The permittee shall
				pay all reclamation fees for coal produced under the permit.
(d) Within 30 days after a cessation order is
				issued under 30 CFR
				843.11 or
				82-4-251, MCA, for operations
				conducted under the permit, except where a stay of the cessation order has been
				granted and remains in effect, the permittee shall either submit to the
				department the following information, current to the date the cessation order
				was issued, or notify the department in writing that there has been no change
				since the immediately preceding submittal of such information:
(i) any new information needed to correct or
				update the information previously submitted to the department by the permittee
				under ARM 17.24.303(1) (a) through
				(h); or
(ii) if not previously submitted, the
				information required from a permit applicant by ARM
				17.24.303(1) (a) through
				(h).
(e) Except as provided in ARM
				17.24.1107, the permittee shall
				maintain in effect at all times a bond in the amount approved by the department
				and that, upon failure of the permittee to maintain such bond coverage because
				of expiration or cancellation of bond, the permit is suspended and the
				permittee shall cease mining operations until substitute bond is filed with and
				approved by the department.
(f) a
				permittee shall immediately notify the department whenever a creditor of the
				permittee has attached or obtained a judgment against the permittee's equipment
				or materials in the permit area or on the collateral pledged to the
				department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.414 - REVIEW OF EXISTING PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall review each operating permit issued during the term of the
				permit. This review must occur not later than the middle of the permit
				term.
(2) After this review, the
				department may, by order, require reasonable revision or modification of the
				permit provisions to ensure compliance with the Act and this
				sub-chapter.
(3) The department
				shall send a copy of its decision to the permittee.
(4) Any order of the department requiring
				revision or modification of permits must be based upon written finding and must
				be subject to the provisions for administrative review provided in ARM
				17.24.425.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-237,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.415 - PERMIT REVISIONS

Current through Register Vol. 13, July 5, 2024
(1) An application
				for revision to a permit must be submitted for departmental review:
(a) for any proposed change(s) in the
				operation as described in the original permit and subsequent revisions thereof;
				or
(b) when required under ARM
				17.24.414.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.416 - PERMIT RENEWAL

Current through Register Vol. 13, July 5, 2024
(1) Applications
				for renewals of a permit must be made at least 240, but not more than 300 days
				prior to the expiration date. Renewal applications must be on a form provided
				by the department, including, at a minimum, the following:
(a) a statement of the name and address of
				the permittee, the term of the renewal requested, and the permit
				number;
(b) a proposed newspaper
				notice and proof of publication of a department-approved newspaper notice
				pursuant to (2);
(c) evidence that
				a liability insurance policy or adequate self-insurance will be provided by the
				applicant for the proposed period of renewal; and
(d) an update of ownership and control
				information and violation histories in accordance with ARM
				17.24.303.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.417 - PERMIT AMENDMENT

Current through Register Vol. 13, July 5, 2024
(1) Any application
				to amend the permit by adding acreage, other than an incidental boundary
				revision, is subject to the same application, notice, and hearing requirements
				as an application for a new permit as required by
				82-4-225, MCA.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-225,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.418 - TRANSFER OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) No transfer or
				assignment of any permit may be made without the prior written approval of the
				department.
(2) The department may
				not approve any transfer or assignment of any permit unless the potential
				transferee or assignee:
(a) obtains the
				performance bond coverage of the original permittee by:
(i) obtaining transfer of the original
				bond;
(ii) obtaining a written
				agreement with the original permittee and all subsequent successors in interest
				(if any) that the bond posted by the original permittee and all successors
				shall continue in force on all areas affected by the original permittee and all
				successors, and supplementing such previous bonding with such additional bond
				as may be required by the department. If such an agreement is reached, the
				department may authorize for each previous successor and the original permittee
				the release of any remaining amount of bond in excess of that required by the
				agreement; or
(iii) providing
				sufficient bond to cover the original permit in its entirety from inception to
				completion of reclamation operations; and
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.425 - ADMINISTRATIVE REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Within 30 days
				after the applicant or permittee is notified of the final decision of the
				department concerning the application submitted pursuant to ARM
				17.24.401, or an application for
				transfer, sale, or assignment of rights, the applicant, permittee, landowner,
				or any person with an interest which is or may be adversely affected may submit
				a written request for a hearing on the reasons for the final decision. The
				request must contain the grounds upon which the requester contends the decision
				is in error.
(2) The board shall
				commence the hearing within 30 days of such request. For the purposes of the
				hearing, the board or its hearing officer may order a site inspection. The
				hearing is a contested case hearing and no person who presided at an informal
				conference shall either preside at this hearing or participate in the decision
				thereon.
(3) The board may, under
				such conditions as it may prescribe, grant such temporary relief as it deems
				appropriate, pending final determination of the proceeding, if:
(a) all parties to the proceeding have been
				notified and given an opportunity to be heard on a request for temporary
				relief;
(b) the person requesting
				that relief shows that there is a substantial likelihood that he or she will
				prevail on the merits of the final determination of the proceeding;
				and
(c) the relief will not
				adversely affect the public health or safety, or cause significant, imminent
				environmental harm to land, air, or water resources; and
(d) the relief sought is not the issuance of
				a permit where a permit has been denied, in whole or in part, by the
				department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.426 - RECORDS RETENTION

Current through Register Vol. 13, July 5, 2024
(1) Copies of all
				records, reports, maps, or other documents submitted to or generated by the
				department under the Act and rules must be made available to the public for at
				least five years after bond release and must be disposed of in accordance with
				Title 2, chapter 6, MCA, and supporting policy and procedures. Superseded
				application materials, withdrawn applications, and outdated maps which are not
				needed for the purpose of bond release application evaluation are not subject
				to these provisions.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-222,
					 82-4-232,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures › Rule 17.24.427 - CHANGE OF CONTRACTOR

Current through Register Vol. 13, July 5, 2024
(1) The permittee
				shall notify the department of a proposed new contractor or any proposed change
				in a contractor responsible for day-to-day operations at a permit area. When
				such a change is proposed without transfer of the permit pursuant to ARM
				17.24.418, the permittee shall
				submit the following to the department:
(a)
				information required under ARM
				17.24.303 for the
				contractor;
(b) a statement
				acknowledging that the permittee is not relieved of any compliance
				responsibilities under the Act; and
(c) a statement identifying a designated
				agent of the contractor.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.501 - GENERAL BACKFILLING AND GRADING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Backfilling and grading of the disturbed
				area must be completed prior to removal of necessary reclamation equipment from
				the area of operation.
(2)
				Overburden and parting materials which are not conducive to revegetation
				techniques, establishment, and growth must not be left on the top nor within
				eight feet of the top of regraded spoils nor at the surface of any other
				affected areas, unless the applicant demonstrates to the department's
				satisfaction that a lesser depth will provide for reclamation consistent with
				the Act. The department may require that problem materials be placed at a
				greater depth.
(3)
(a) Backfilled material must be placed to
				minimize erosion and sedimentation of undisturbed and reclaimed areas both on
				and offsite, water pollution, adverse effects on ground water, other offsite
				effects, and to support the approved postmining land use.
(b) Backfilled materials must be selectively
				placed and compacted wherever necessary to prevent leaching of acid,
				acid-forming toxic, or toxic-forming materials into surface or subsurface
				waters and wherever necessary to ensure the stability of the backfilled
				materials. The method and design specifications for placing and compacting such
				materials must be approved by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.501A - FINAL GRADING REQUIREMENTS IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, MCA; IMP,
					 82-4-231,
					 82-4-232,
					 82-4-234,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.502 - CUT-AND-FILL TERRACES

Current through Register Vol. 13, July 5, 2024
On approval by the department, in order to conserve soil
				  moisture, ensure stability, and control erosion on final graded slopes,
				  cut-and-fill terraces may be allowed if the terraces are compatible with the
				  approved postmining land use and are appropriate substitutes for construction
				  of lower grades on the reclaimed lands. The terraces must meet the following
				  requirements:
(1) The width of the
				individual terrace bench may not exceed 20 feet, unless specifically approved
				by the department as necessary for stability, erosion control, or roads
				included in the approved postmining land use plan.
(2) The vertical distance between terraces
				must be as specified by the department to prevent excessive erosion and to
				provide long-term stability.
(3)
				The slope of the terrace outslopes may not exceed 1v:5h (20%). Outslopes that
				exceed 1v:5h may be approved, if they have a minimum safety factor of more than
				1.3 for any condition of load likely to be encountered, provide adequate
				control over erosion, and closely resemble the surface configuration of the
				land prior to mining. In no case may highwalls be left as part of
				terraces.
(4) Culverts and
				underground rock drains must be used in the terrace only when approved by the
				department.
(5) Terraces must be
				installed in such a way so as not to prohibit vehicular access or revegetation
				procedures.
(6) Additional surface
				manipulation procedures must be installed as required by the
				department.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-232,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.503 - SMALL DEPRESSIONS

Current through Register Vol. 13, July 5, 2024
(1) The requirement
				to achieve approximate original contour does not prohibit construction of small
				depressions if they are approved by the department to minimize erosion,
				conserve soil moisture, or promote vegetation or wildlife use. These
				depressions must be compatible with the approved postmining land use and may
				not restrict normal access throughout the area or constitute a hazard. Large,
				permanent impoundments are governed by ARM
				17.24.504 and
				17.24.642.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-232,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.504 - PERMANENT IMPOUNDMENTS

Current through Register Vol. 13, July 5, 2024
(1) Permanent
				impoundments meeting the requirements of ARM
				17.24.642 may be retained in mined
				and reclaimed areas, provided all highwalls are eliminated by grading to
				appropriate contours and the provisions for postmining land use and protection
				of the hydrologic balance are met. No impoundments may be constructed on top of
				areas in which excess materials are deposited pursuant to the provisions of ARM
				17.24.520.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-232,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.505 - BURIAL AND TREATMENT OF EXPOSED MINERAL SEAMS AND WASTE MATERIALS

Current through Register Vol. 13, July 5, 2024
(1) All exposed mineral seams remaining after
				mining must be covered with a minimum of 4 feet of the best available non-toxic
				and non-combustible material, unless otherwise approved by the department upon
				demonstration by the operator that a lesser cover depth will afford the same
				protection against combustion and other undesirable properties or effects of
				the mineral seam.
(2) Acid,
				acid-forming, toxic, toxic-forming, combustible, or other undesirable waste
				materials or fly ash identified by the department that are exposed, used, or
				produced during mining or mineral preparation must be covered in accordance
				with ARM 17.24.501(2) with
				the best available nontoxic and noncombustible material. The method and site of
				final disposal must be approved by the department. If necessary, these
				materials must be tested to determine necessary mitigations to neutralize
				acidity, to nullify toxicity, to prevent water pollution and sustained
				combustion, or to minimize adverse effects on plant growth and land uses. If
				necessary to protect against upward migration of salts or exposure by erosion,
				to provide an adequate depth for plant growth or to otherwise meet local
				conditions, the department may specify thicker amounts of cover using
				non-combustible and non-toxic material or the use of special compaction and
				isolation techniques to prevent contact of these materials with ground water.
				Acid, acid-forming, toxic, toxic-forming or other deleterious materials must
				not be buried or stored in proximity to a drainage course so as to cause or
				pose a threat of water pollution.
(3) Wastes must not be used in the
				construction of embankments for impoundments.
(4) Wastes from a strip mine may not be
				disposed of in a waste disposal structure that is located on the surface of the
				ground.
(5) Whenever waste is
				temporarily impounded:
(a) the impoundment
				must be designed and certified, constructed, and maintained:
(i) in accordance with ARM
				17.24.603,
				17.24.639, and
				17.24.642, using current
				prudent-design standards; and
(ii)
				for structures meeting the criteria of
				30 CFR
				77.216 (a), to safely discharge the 6-hour,
				probable maximum precipitation (PMP) or greater event;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.507 - STORAGE AND FINAL DISPOSAL OF GARBAGE AND OTHER DEBRIS

Current through Register Vol. 13, July 5, 2024
(1) Garbage and other debris including, but
				not limited to, grease, lubricants, paints, flammable liquids, trash, abandoned
				mining machinery, lumber and other combustibles generated during mining
				activities must be placed and stored or disposed of in a controlled manner in a
				designated portion of the permit area.
(a)
				Placement, storage, and disposal must ensure that leachate and surface runoff
				do not degrade surface or ground water, that fires are prevented and that the
				area remains stable and suitable for reclamation and revegetation compatible
				with the natural surroundings.
(b)
				All disposal sites must be routinely compacted, and suitable earth materials
				must be placed over garbage and other debris to a thickness in accordance with
				ARM 17.24.501(2).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.510 - DISPOSAL OF OFFSITE-GENERATED WASTE AND FLY ASH

Current through Register Vol. 13, July 5, 2024
(1) Before waste materials or fly ash from a
				coal preparation or conversion facility or from other activities conducted
				outside the permit area such as municipal waste collection may be used for fill
				material or other purpose or disposed of on the mine site, the permittee shall
				demonstrate to the department by hydrogeological means, chemical and physical
				analyses, and the disposal procedures that use and disposal of these materials
				will be conducted in accordance with ARM
				17.24.505,
				17.24.631,
				17.24.643,
				17.24.702,
				17.24.711, and any other
				applicable provision of the Act and pursuant rules, will not adversely affect
				water quality, public health or safety, or other environmental resources, and
				will not cause instability in the backfilled area. The operator may not use
				such waste or fly ash for fill or other purpose or dispose of such material on
				the permit area without prior approval by the department.
(2) Notwithstanding any provision of this
				subchapter, any waste materials meeting the definition of "hazardous" as found
				in section
				3001 of
				PL
				94-580, as amended, must be handled in accordance
				with PL
				94-580 and regulations adopted
				thereunder.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-232,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.514 - CONTOURING IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, MCA; IMP,
					 82-4-231,
					 82-4-232,
					 MCA;