reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.105 - CONDUCT OF EXPLORATION OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) All
				suitable practically salvaged soil and soil material must be salvaged prior to
				any other site disturbance, and either stockpiled or used for immediate
				reclamation.
(2) Except for
				samples, drilling mud, water and other fluids as well as waste cuttings from
				drilling operations must be confined to the drill site by the use of storage
				tanks or sumps or must be disposed of in accordance with a plan approved by the
				department.
(3) Drill sites must
				not be constructed in natural flowing streams.
(4) Areas disturbed by removal of vegetation
				or grading must be kept to the minimum size necessary to accommodate the
				exploration operation.
(5) Insofar
				as possible, trenches, discovery pits and other excavations must be located out
				of natural flowing streams.
(6)
				Spoil from pits, trenches, shafts, adits, or other excavations must not be
				located in drainage ways. The lower edge of the spoil bank must be at least
				five vertical feet above high flow level. Exceptions may be made when it is not
				physically practical to place spoil at least five vertical feet above the high
				flow level.
(7) Oil, grease,
				hydraulic fluid and other petroleum products must not be released on the
				exploration site. If a release occurs, the contaminated material must be
				removed immediately and disposed of at a proper disposal site.
(8) Exploration adits, shafts, and other
				excavations must be secured from unauthorized entry throughout the life of the
				operation to ensure public safety.
(9) Pilot ore processing plants or sites, as
				included in the definition of "exploration" in ARM
				17.24.102,
				and permitted under an exploration license, are subject to all applicable
				requirements of
				82-4-335
				through
				82-4-337,
				MCA.
(10) The department may
				require interim revegetation for the purposes of erosion control on all
				exploration disturbance areas.
AUTH:
					 82-4-321, MCA;
					 IMP:
					 82-4-332,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.106 - EXPLORATION DRILL HOLE PLUGGING

Current through Register Vol. 13, July 5, 2024
(1) Except
				as provided in (3) of this rule, all exploration drill holes must be plugged at
				the surface five to ten feet with cement.
(2) Except as provided in (3) of this rule,
				exploration drill holes must be plugged with bentonite or a similar compound
				from the bottom of the hole to within five to ten feet of the surface, and with
				cement from the top of the bentonite to the surface if one or more of the
				following conditions apply:
(a) two aquifers
				are intercepted;
(b) one aquifer is
				intercepted and an existing or potential beneficial use (domestic, agricultural
				or fish/ wildlife water supply) exists;
(c) one or more artesian aquifers are
				intercepted causing either surface flow or significant water rise in the hole;
				or
(d) the potential exists for
				downward water loss from an aquifer (cascade effect) as determined by the
				department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.108 - EXPLORATION RECLAMATION DEFERRED

Current through Register Vol. 13, July 5, 2024
(1) The
				department may defer the reclamation requirements of acreage disturbed under an
				exploration license if that acreage is proposed for incorporation into a
				complete plan of operation that is being prepared or has already been submitted
				as part of an application for an operating permit.
(2) The licensee shall comply with the
				following conditions of a reclamation deferral:
(a) a current exploration license shall be
				maintained;
(b) a current and
				adequate bond shall be maintained;
(c) the licensee shall be actively pursuing
				an operating permit or have filed a valid exclusion; and
(d) the licensee shall observe any interim
				monitoring or reclamation requirements as may be reasonably required by the
				department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.109 - EXPLORATION LICENSE ASSIGNMENT

Current through Register Vol. 13, July 5, 2024
(1) The
				department may approve the assignment of an exploration license contingent on
				the following conditions:
(a) The licensee
				submits to the department a completed application, on a form provided by the
				department, which includes the name and address of the proposed assignee and
				the name and address of that person's resident agent, if any.
(b) The assignee commits in writing to
				conduct the operations in full compliance with the terms and conditions of the
				license; and,
(c) The assignee
				certifies they are eligible to hold an exploration license pursuant to the
				provisions of
				82-4-331(3), MCA
				and provides sufficient bond to guarantee performance of the Act, this
				subchapter, and the license.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.115 - OPERATING PERMITS: RECLAMATION PLANS

Current through Register Vol. 13, July 5, 2024
(1)
				The following provisions must be addressed in the reclamation plan:
(a) land disturbed by development or mining
				activities must be reclaimed for one or more specified uses, including, but not
				limited to: forest, pasture, orchard, cropland, residence, recreation,
				wilderness, industry, habitat (including food, cover or water) for wildlife or
				other uses. Proposed reclamation need not reclaim subject disturbed areas to a
				better condition or different use than that which existed prior to development
				or mining. The applicant must describe:
(i)
				current uses(s) of area to be disturbed;
(ii) current and proposed uses of nearby land
				that by its proximity may influence or guide the choice of a reclaimed use of
				the disturbed area;
(iii) pertinent
				climatic, topographical, soil, water and wildlife data that govern choice of
				proposed use of the reclaimed land.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.116 - OPERATING PERMIT: APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Applicant must obtain an operating permit
				for each mine complex on a form prescribed by the department.
(2) To obtain an operating permit the
				applicant shall pay a $500 fee.
(3)
				In addition to the information required by
				82-4-335(4), MCA,
				an application for an operating permit must describe the following:
(a) the existing environment;
(b) soil salvage and stockpiling activities
				and measures to protect soil from erosion and contamination;
(c) provisions for the prevention of wind
				erosion of all disturbed areas;
(d)
				the design, construction, and operation of the mine, mill, tailings, and waste
				rock disposal facilities;
(e) the
				facilities, buildings, and capacity of mill or processing;
(f) the proposed date for commencement of
				mining, the minerals to be mined, and a proposed conceptual life of mine
				operations;
(g) the designs of
				diversions, impoundments, and sediment control structures to be constructed
				reflecting their safety, utility, and stability;
(h) the location of access, haul, and other
				support roads and provisions for their construction and maintenance that
				control and minimize channeling and other erosion;
(i) the source and volume of incoming ore,
				tailings, or waste rock;
(j) the
				equipment and chemicals to be used in the operation by location and
				task;
(k) the general chemical
				processes and the purpose, amount, and source of water used in the operation
				and the disposition of any process waste water or solutions;
(l) the ground and surface water monitoring
				programs to be implemented including a schedule for reporting results to the
				department;
(m) a contingency plan
				addressing accidental discharges to ground or surface water;
(n) a fire protection plan;
(o) a toxic spill contingency plan with
				certification that notice of the filing of the plan has been provided to the
				state fire marshal;
(p) the sewage
				treatment facilities and solid waste disposal sites;
(q) the power needs and source(s), including
				fuel storage sites;
(r) the
				anticipated employment including direct and onsite contract
				employees;
(s) the transportation
				network to be used during the construction and operation phases, including a
				list of the type and amount of traffic at mine or mill capacity;
(t) the predicted noise levels by activities
				during construction and operations;
(u) the protective measures for
				archaeological and historical values in the areas to be mined;
(v) the protective measures designed to avoid
				foreseeable situations of unnecessary damage to flora and fauna in or adjacent
				to the area.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.117 - PERMIT CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) The following
				conditions accompany the issuance of each permit:
(a) The permittee shall conduct all
				operations as described in:
(i) the plan of
				operations including the approved operating, reclamation, monitoring, and
				contingency plans;
(ii) any express
				conditions which the department places on the permit to ensure compliance with
				the Act or this subchapter promulgated pursuant thereto;
(iii) written commitments made by the
				permittee in response to deficiencies identified by the department during the
				permit application review process;
(iv) mitigation measures mutually developed
				by the department and permittee pursuant to
				75-1-201(4)(b),
				MCA;
(v) plans or assumptions used
				in calculating bond amounts that have been posted by the
				permittee.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.118 - ANNUAL REPORT

Current through Register Vol. 13, July 5, 2024
(1) Each permittee
				shall file an annual report with the department and pay an annual fee of $100
				within a time period specified in
				82-4-339, MCA, until such time as
				full bond is released.
(2) The
				annual report must include the information outlined under
				82-4-339, MCA. In addition, the
				annual report must include:
(a) the number of
				acres of land affected by the operation during the preceding year and
				cumulatively, as well as the disturbance status of incremental bond areas, if
				applicable;
(b) the extent of
				backfilling and grading performed during the preceding year and
				cumulatively;
(c) the area of land
				planted;
(d) the type of planting
				or seeding;
(e) the mixtures and
				amounts seeded;
(f) the species,
				location, and method of planting for site or species specific
				plantings;
(g) the date of seeding
				or planting;
(h) cumulative acres
				reseeded to date;
(i) cumulative
				acres of completed reclamation and the date each increment was completed;
				and
(j) maps showing the
				information required in (2) (a) through (i).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.119 - PERMIT AMENDMENTS

Current through Register Vol. 13, July 5, 2024
(1) An application
				for a major amendment must
(a) contain a
				summary of changes in disturbances, in resources affected, and in construction,
				operating, reclamation, monitoring, and contingency plans;
(b) provide dated replacement or supplemental
				resource data, plans, and maps as outlined in ARM
				17.24.115,
				or cross reference applicable data, plans, or maps in the previously permitted
				plan of operation, in order to identify the existing environment and resources
				affected, as well as changes in permit boundaries, in total disturbances, and
				in construction, operating, reclamation, monitoring, and contingency
				plans;
(c) identify any additional
				resource data necessary to the evaluation of the proposed amendment;
(d) provide an updated or comprehensive
				facilities map; and
(e) clearly
				indicate on the facilities map all bonding areas subject to pre-July 1, 1974,
				bonding levels. No action under this subsection affects a bond in effect under
				pre-July 1, 1974, bonding levels.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.120 - PERMIT REVISIONS

Current through Register Vol. 13, July 5, 2024
(1) An application
				for revision must include:
(a) a general
				summary explaining the revision;
(b) a statement of the applicant's rationale
				for asserting nonsignificance pursuant to
				82-4-342(5),
				MCA;
(c) identification of previous
				environmental analyses relevant to the revision;
(d) a reference to prior commitments to
				topsoil salvage, sediment control, reclamation, and other previously approved
				plans or standards that are applicable to the revision;
(e) documentation of the adequacy of existing
				bonding, if appropriate;
(f)
				updated replacement pages and permit map for the permitted plan of
				operations;
(g) any necessary
				construction, operating, reclamation, monitoring, and contingency plans; and
				(h) an updated or comprehensive facilities map that clearly indicates all areas
				subject to pre-July 1, 1974, bonding levels. No action under this subsection
				affects a bond in effect under pre-July 1, 1974, bonding levels.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.121 - PERMIT REVIEWS

Current through Register Vol. 13, July 5, 2024
(1) At any time
				during the life of an operation, the department may review an operating
				permit.
(2) If the department
				determines that the modification of the reclamation plan is authorized under
				82-4-337(4),
				MCA, it may require such modification under the procedures of (3) through
				(6).
(3) The department shall send
				an explanation of the need for modification and a conceptual plan for
				modification to the permittee, by certified mail, and provide opportunity for
				hearing, pursuant to Title 2, chapter 4, part 6, MCA.
(4) The permittee shall respond to the
				department with a request for hearing or a proposed schedule for modification
				or revision, not to exceed one year, within 30 days of receipt of a letter from
				the department.
(5) The department
				may extend the one-year time frame or the time for hearing request for good
				cause documented by the permittee in writing.
(6) A modification must be submitted in the
				form of an amendment or a revision and the department shall process the
				applicant's submittal in accordance with ARM
				17.24.119 or
				17.24.120.
AUTH:
					 82-4-321, MCA;
					 IMP:
					 82-4-337,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.122 - PERMIT ASSIGNMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				may approve the assignment of a permit if the requirements of (2) and (3) are
				met.
(2) The permittee shall:
(a) provide the department with a completed
				application on a form, provided by the department, which includes:
(i) the name and address of the proposed
				assignee and the name and address of that person's resident agent, if any;
				and
(ii) the same information as is
				required in
				82-4-335(4), (8),
				and (9), MCA, for applications for new permits.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.123 - PERMIT CONSOLIDATION

Current through Register Vol. 13, July 5, 2024
(1) In order to
				facilitate management of multiple permits for a contiguous area, a permittee
				may, with department approval, consolidate permits.
(2) In order to obtain permit consolidation,
				the permittee must submit an application containing the following information:
(a) an explanation of the purpose of the
				consolidation and a summary of cumulative disturbances;
(b) a single map showing the entire proposed
				permitted area;
(c) a table showing
				the consolidated acreage of permitted areas, total permitted disturbance, and
				total acreage reclaimed to date;
(d) an updated facilities map showing all
				facilities modifications that have occurred since the issuance of the
				individual permits. This map may be combined with the permit area map required
				under (b) above if there is no loss in legibility;
(e) a consolidated bonding map showing what
				areas, if any, are subject to pre-July 1, 1974, bonding levels and showing
				which bonds cover which areas; and
(f) a consolidated operating and reclamation
				plan and supporting maps, showing, as appropriate, the area to which each plan
				applies. No action under this subsection affects a bond in effect under
				pre-July 1, 1974, bonding levels.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.128 - INSPECTIONS: FREQUENCY, METHOD, AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) The department shall conduct an
				inspection:
(a) at least once per calendar
				year for each permitted operation; and
(b) at least three times per year for each
				active operation that:
(i) uses cyanide or
				other metal leaching solvents or reagents;
(ii) has expected or ongoing acid rock
				drainage; or
(iii) exceeds 1000
				acres in permit area unless the permit is primarily for mining rock products as
				defined in
				82-4-303, MCA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.129 - INSPECTIONS: RESPONSE TO CITIZEN COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) Any person may request an inspection by
				the department of any operation by furnishing the department with a signed
				statement, or an oral report followed by a signed statement, giving the
				department reason to believe that there exists a violation of the Act, the
				rules adopted pursuant thereto, the permit, the license, or the exclusion; or
				that there exists a condition or practice that creates an imminent danger to
				the public or that is causing or can be reasonably expected to cause a
				significant, imminent environmental harm to land, air, or water resources. The
				statement must identify the basis for the allegation or provide corroborating
				evidence. The statement must be placed in the alleged violator's file and
				becomes a part of the permanent record. The identity of the person supplying
				information to the department must remain confidential with the department, if
				requested by that person.
(2) If
				the report provides the information required above and the department
				determines the request to present sufficient evidence to warrant a special
				inspection, the department shall conduct an inspection to determine whether the
				condition, practice, or violation exists or existed.
(3) Within 30 days of receipt of the
				requestor's written statement, the department shall send the requestor and the
				alleged violator a written response which includes the following:
(a) if an inspection was made, a description
				of the enforcement action taken, or, if no enforcement action was taken, an
				explanation of why no enforcement action was taken;
(b) if no inspection was made, an explanation
				of the reason why.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.132 - ENFORCEMENT: PROCESSING OF ADMINISTRATIVE DEFICIENCY NOTICES, WARNINGS, VIOLATIONS, AND PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall issue an administrative deficiency notice for a deficiency in reporting,
				record keeping, fee payment, or notification that the department determines is
				minor in nature, is not substantive, and is unlikely to reoccur. The recipient
				of an administrative deficiency notice must reply with a written response
				within 30 days of receipt of an administrative deficiency notice.
(2) Except as provided in (5), the department
				shall send a letter of warning or violation for a violation of the Act, this
				subchapter, or the permit, license, or exclusion; or for failing to address a
				deficiency identified in an administrative deficiency notice within 30 days of
				receipt of the administrative deficiency notice. The letter of warning or
				violation must be served and must state that the alleged violator may, by
				filing a written response within a time specified in the notice, provide facts
				to be considered in further assessing whether a violation occurred and in
				assessing the penalty under (3).
(3) The department may issue a notice of
				violation and administrative order for a violation identified in a letter of
				warning or violation. The administrative order may assess a penalty, require
				corrective action, or both.
(4) The
				alleged violator may, within 30 days of service of the notice of violation and
				order, respond in writing and may request an informal conference, a contested
				case hearing, or both, on the issues of whether the violation occurred, whether
				the corrective action ordered by the department is reasonable, and whether the
				penalty assessed is proper.
(5) If
				a contested case hearing has not been requested within 30 days of the date of
				service of the order, the notice of violation and order become final. If a
				contested case hearing has been requested, the board shall hold a hearing, make
				the findings of fact, issue the decision, and, if a violation is found, order
				payment of any penalty as provided in
				82-4-361, MCA.
AUTH:
					 82-4-321, MCA; IMP:
					 82-4-337,
					 82-4-339,
					 82-4-361,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.133 - ENFORCEMENT: ABATEMENT OF VIOLATIONS AND PERMIT SUSPENSION

Current through Register Vol. 13, July 5, 2024
(1) The director shall immediately issue an
				order suspending the license or permit for each violation of the Act, this
				subchapter, the license, or the permit, that is creating an imminent danger to
				the health or safety of the persons outside the permit area.
(2) The director may, after opportunity for
				an informal conference, suspend a permit or license for a violation of the Act,
				this subchapter, or the license or permit that:
(a) may reasonably be expected to create a
				danger to the health or safety of persons outside the permit area;
(b) may reasonably be expected to cause
				significant environmental harm to land, air, or water resources; or
(c) remains unabated subsequent to the
				deadline contained in a corrective action order.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.134 - ENFORCEMENT: ASSESSMENT OF PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall consider the factors identified in
				82-4-1001, MCA, in determining the
				amount of a penalty for a violation.
82-4-321,
					 82-4-361, MCA; IMP,
					 82-4-361,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.136 - ORDERS: ISSUANCE AND SERVICE

Current through Register Vol. 13, July 5, 2024
(1) Orders
				issued pursuant to the Act must be served upon the person to whom it is
				directed promptly after issuance by:
(a)
				delivering a copy of the order in person to the violator; or
(b) sending a copy of the order by certified
				mail to the violator at the address on the violator's application for a license
				or permit or exclusion.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.137 - NOTICES AND ORDERS: EFFECT

Current through Register Vol. 13, July 5, 2024
(1) Reclamation
				operations and other activities intended to protect public health and safety
				and the environment must continue during the period of any suspension order
				unless otherwise provided in the order.
(2) If a suspension order will not completely
				abate the imminent danger to the health or safety of persons outside the permit
				or license area in the most expeditious manner physically possible, the
				director or the director's authorized representative shall impose affirmative
				obligations on the person to whom it is issued to abate the condition,
				practice, or violation. The order must specify the time by which abatement must
				be accomplished and may require, among other things, the use of existing or
				additional personnel and equipment.
(3) A notice or order may not be vacated
				because of inability to comply.
(4)
				If a permit or license has been suspended or revoked, the operator or licensee
				may not conduct any operations or prospecting pursuant to the permit or license
				and shall:
(a) if the permit or license is
				revoked, complete reclamation within the time specified in the order;
(b) if the permit or license is suspended,
				abate all conditions, practices, or violations, as specified in the
				order.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.140 - BONDING: DETERMINATION OF BOND AMOUNT

Current through Register Vol. 13, July 5, 2024
(1)
				The department shall require submission of bond in the amount of the estimated
				cost to the department if it had to perform the reclamation, contingency
				procedures and associated monitoring activities required of an operator subject
				to bonding requirements under the Act, the rules adopted thereunder, and the
				permit, license or exclusion. This amount is based on the estimated cost to the
				state to ensure compliance with Title 75, chapters 2 and 5, MCA, the Act, the
				rules adopted thereunder, and the approved permit, license or any exclusion and
				shall include:
(a) costs estimated by using
				current machinery production handbooks and publications or other documented
				costs acceptable to the department;
(b) the additional estimated costs to the
				department which may arise from additional design work, applicable public
				contracting requirements or the need to bring personnel and equipment to the
				operating area after its abandonment by the operator;
(c) an additional amount based on factors of
				cost changes during the preceding five years for the types of activities
				associated with the reclamation to be performed; and
(d) the additional estimated cost to the
				department which may arise from management, operation, and maintenance of the
				site upon temporary or permanent operator insolvency or abandonment, until full
				bond liquidation can be effected.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.141 - BONDING: ADJUSTMENT OF AMOUNT OF BOND

Current through Register Vol. 13, July 5, 2024
(1)
				The amount of the performance bond must be reviewed for possible adjustment as
				the disturbed acreage is revised, methods of mining operation change, standards
				of reclamation change or when contingency procedures or monitoring
				change.
(2) The department shall
				conduct an overview of the amount of each bond annually and shall conduct a
				comprehensive bond review at least every five years. The department may conduct
				additional comprehensive bond reviews if, after modification of the reclamation
				or operation plan, and annual overview, or an inspection of the permit area,
				the department determines that an increase of the bond level may be
				necessary.
(3) If, at the time of
				an amendment under ARM
				17.24.119, a comprehensive bond
				review is completed, the next comprehensive bond review must occur not more
				than five years after the issuance of the amendment.
(4) The department shall notify the operator
				of any proposed bond adjustment and provide the operator an opportunity for an
				informal conference on the adjustment.
(5) For bond reduction requests by the
				operator for release of undisturbed land, the department shall conduct an
				inspection of the proposed area before responding to the request. For the bond
				reduction request, the operator shall:
(a)
				submit a map of the area in question;
(b) revise the appropriate active operation
				maps; and
(c) document that the
				area has not been disturbed as a result of previous operating
				activities.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.142 - BONDING: REPLACEMENT OF BOND

Current through Register Vol. 13, July 5, 2024
(1) The
				department may allow an operator to replace existing surety or collateral bonds
				with other surety or collateral bonds, if the liability that has accrued
				against the operator is transferred to such replacement bonds.
(2) The department may not release an
				existing performance bond until the operator has submitted and the department
				has approved an acceptable replacement performance bond. A replacement of
				performance bond pursuant to this rule does not constitute a release of bond
				under 82-4-338, MCA.
82-4-321, MCA; IMP,
					 82-4-338,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.143 - BONDING: FORM OF BOND

Current through Register Vol. 13, July 5, 2024
(1) The form for
				the performance bond must be as provided by the department. The department
				shall allow for a surety bond or a collateral bond.
(2) Liability under any bond, including
				separate bond increments and indemnity agreements applicable to a single
				operation, must extend to the entire bonded area.
82-4-321, MCA; IMP,
					 82-4-338,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.144 - BONDING: SURETY BONDS

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the requirements of
				82-4-338, MCA, surety bonds are
				subject to the following requirements:
(a) The
				department may not accept a surety bond in excess of 10% of the surety
				company's paid-in surplus or additional paid-in capital as shown on a balance
				sheet certified by a certified public accountant.
(b) The department may not accept a surety
				bond from a surety company for any person, on all permits held by that person,
				in excess of three times the company's maximum single obligation as provided in
				(a) above.
(c) The department may
				not accept a surety bond from a surety company for any person, on all permits
				held by that person, unless that surety is registered with the state auditor
				and is listed in the United States Department of the Treasury Circular 570 as
				revised.
(d) The surety bond must
				be submitted on a surety form provided by the department. The surety form may
				not be modified by the surety beyond populating the necessary surety bond form
				fields.
(e) A power of attorney
				must be attached to the surety bond.
(f) The surety bond must provide a mechanism
				for the surety company to give prompt notice to the department and the operator
				of:
(i) any action alleging bankruptcy or
				insolvency of the surety or violation that would result in suspension or
				revocation of the license of the surety;
(ii) cancellation by the operator;
				and
(iii) cancellation or pending
				cancellation by the surety.
(g) Upon incapacity of a surety by reason of
				bankruptcy, insolvency or suspension or revocation of its license, the operator
				shall be deemed to be without bond coverage and shall promptly notify the
				department in the manner described in the bond. The department, upon
				notification, shall, in writing, notify the operator of a reasonable period,
				not to exceed 90 days, to replace bond coverage. If an adequate bond is not
				posted by the end of the period allowed, the operator shall cease mineral
				extraction, comply with the provisions of
				82-4-336 (1),
				MCA, and immediately commence reclamation in accordance with the Act, this
				subchapter and the reclamation plan. Mining operations must not resume until
				the department has determined that an acceptable bond has been
				posted.
(h) Whenever operations are
				abandoned concurrent with cancellation of the bond, the department must reclaim
				the site and forfeit the bond within two years, consistent with
				82-4-341, MCA, for any reclamation
				obligation incurred in the reclamation of the site.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.145 - BONDING: CERTIFICATES OF DEPOSIT

Current through Register Vol. 13, July 5, 2024
(1) The
				department may accept as bond an assignment of a certificate of deposit in a
				denomination not in excess of the maximum insurable amount as determined by the
				FDIC or the NCUA. The department may not accept a combination of certificates
				of deposit for one operator on one institution in excess of that
				limit.
(2) The department may
				accept only automatically renewable certificates of deposit from a United
				States bank or credit union.
(3)
				The department shall require the operator to deposit sufficient amounts of
				certificates of deposit, to assure that the department will be able to
				liquidate those certificates prior to maturity, upon forfeiture, for the amount
				of the bond required pursuant to ARM
				17.24.140 and
				17.24.141.
(4) The department shall require that each
				certificate of deposit be made payable to or assigned to the department, both
				in writing and in the records of the bank issuing the certificate. The
				department shall require banks issuing these certificates to waive all rights
				of setoff or liens against these certificates.
(5) The certificate of deposit assignment
				must be submitted on a certificate of deposit assignment form provided by the
				department. The certificate of deposit assignment form may not be modified by
				the bank or credit union beyond populating the necessary certificate of deposit
				bond form fields.
AUTH:
					 82-4-321, MCA; IMP:
					 82-4-338,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.146 - BONDING: LETTERS OF CREDIT

Current through Register Vol. 13, July 5, 2024
(1) The
				department may accept as a bond a letter of credit subject to the following
				conditions:
(a) The letter must be issued by
				a bank or credit union organized or authorized to do business in the United
				States.
(b) The letter must be
				irrevocable prior to a release by the department pursuant to
				82-4-338, MCA.
(c) The letter must be payable to the
				department in part or in full upon demand and receipt from the department of a
				notice that the person has failed to comply with a provision of the Act, the
				rules adopted thereunder, or the permit, license, or exclusion, the failure of
				which authorizes forfeiture of the bond under the Act.
(d) The letter of credit must provide that,
				upon expiration, if the department has not notified the bank or credit union in
				writing that substitute bond has been provided or is not required, the bank or
				credit union will immediately pay the department the full amount of the letter
				less any previous drafts.
(e) The
				letter must not be for an amount in excess of 10% of the bank's or credit
				union's paid-in surplus or paid-in capital as shown on a balance sheet
				certified by a certified public accountant.
(f) The department may not accept a letter of
				credit from a bank nor a credit union for any person, on all permits, licenses,
				or exemptions held by that person, in excess of three times the company's
				maximum single obligation as provided in (e).
(g) The letter of credit must be submitted on
				a letter of credit form provided by the department. The letter of credit form
				may not be modified by the bank or the credit union beyond populating the
				necessary letter of credit bond form fields.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.150 - ABANDONMENT OR COMPLETION OF OPERATION

Current through Register Vol. 13, July 5, 2024
(1) For
				the purposes of administering the Act, the following conditions are considered
				evidence that a mining or milling operation is abandoned or completed, and thus
				subject to the reclamation time schedule outlined in
				82-4-336, MCA:
(a) ore ceases to be extracted for future use
				or processing;
(b) milling or
				processing of ore ceases;
(c)
				reprocessing of tailings or waste rock ceases;
(d) the operating permit is
				suspended;
(e) the operator has
				failed to maintain the legal right to access and conduct mining or milling
				activities in the permit area; or
(f) the department's documentation through a
				site inspection, review of an operator's annual report, or information provided
				by an operator that the site is inactive.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.151 - ABANDONED PITS: OBJECTIONABLE EFFLUENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-321, MCA; IMP,
					 82-4-336,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.152 - DISCLOSURE OF INFORMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-321, MCA; IMP,
					 82-4-336,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.153 - GENERAL COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) The operator
				shall comply with all federal and state laws, and such rules and regulations as
				are promulgated by the department under the Act.
AUTH:
					 82-4-321, MCA;
					 IMP:
					 82-4-336,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.157 - BLASTING OPERATIONS: COMPLAINT PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Affected parties, who are owners of an
				interest in real property or individuals who reside within an area subject to
				property damage or safety hazards related to the use of explosives by an
				operator may file a signed and dated complaint related to use of explosives
				associated with hard rock mining or exploration activities as follows:
(a) Complaints must be filed in writing with
				the department.
(b) Complaints must
				include the following information:
(i) name,
				mailing address, street address and phone number of the person or persons
				filing complaint;
(ii) statement of
				interest in real property or identification of residence within an area subject
				to property damage or safety hazards related to use of explosives;
(iii) name of person or company using
				explosives, if known;
(iv) detailed
				location of explosives use;
(v)
				date and time of use;
(vi) if
				property damage is alleged, type of damage including:
(A) type of structure;
(B) nature of damage;
(C) age of structure;
(D) rationale for correlating damage to use
				of explosives; and
(vii)
				if safety hazard is alleged, type of safety hazard.
(c) The department shall respond to all
				complaints by notifying each person who files a complaint whether the
				department considers the complaint to be credible. A credible complaint is a
				complaint addressing all requirements listed in (b) in a manner that is not
				false or without basis on its face.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.158 - BLASTING OPERATIONS: PARTICIPATION AND COOPERATION OF PERSONS USING EXPLOSIVES

Current through Register Vol. 13, July 5, 2024
(1) Whenever the
				department notifies the operator that it has received a credible complaint
				pursuant to ARM
				17.24.157 concerning a use of
				explosives, the operator shall make available to the department, within 15 days
				of receipt of a written request, such information as the department may
				request, including, but not limited to, the following:
(a) identification of persons conducting
				blasting activities and their level of training and experience;
(b) preblasting survey information, if
				available;
(c) blasting schedule
				and records identifying as accurately as possible location of the blasting
				sites and timing of blasts; and
(d)
				seismograph measurements, if available.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.165 - MILLS AND REPROCESSING OPERATIONS: DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 82-4-321, MCA; IMP:
					 82-4-335,
					 82-4-336,
					 82-4-337,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.166 - MILLS: APPLICABILITY OF RULES TO MILLS

Current through Register Vol. 13, July 5, 2024
(1) ARM
				17.24.102 and
				17.24.167 through
				17.24.169 apply to:
(a) all mills under permit pursuant to Title
				82, chapter 4, part 3, MCA, on June 1, 1990;
(b) all mills constructed or beginning
				operation after June 1, 1990;
(c)
				the expansion of any mill facility or complex concluded after June 1, 1990;
				and
(d) all mills that were
				constructed and operated prior to June 1, 1990, and that use cyanide ore
				processing reagent after May 23, 1996.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.167 - MILLS: OPERATING PERMIT APPLICATION

Current through Register Vol. 13, July 5, 2024
(1)
				Any person wishing to operate a mill or disturb land in anticipation of
				construction or operation of a mill must obtain an operating permit for each
				mill complex on a form prescribed by the department before disturbance of land
				in anticipation of construction or operation of the mill or associated
				facilities.
(2) Prior to receiving
				an operating permit, the applicant must:
(a)
				pay a $500 filing fee to the department unless the mill application is
				associated with and submitted concurrently with a new operating permit
				application submitted under
				82-4-335, MCA;
(b) indicate the proposed date for
				commencement of milling and the minerals to be milled and the conceptual life
				of the mill;
(c) provide a map or
				maps to scale of the mill area (such map must locate the proposed mill and must
				locate and identify streams, and proposed roads, railroads, and utility lines
				in the immediate area and residences and wells within one mile of the permit
				area). All maps provided in the application must have a uniform base, a scale,
				and a north directional arrow;
(d)
				file a reclamation bond pursuant to
				82-4-338, MCA;
(e) file a plan of operation including
				construction, operating, monitoring and contingency plans; and
(f) file a reclamation plan.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.170 - MILLS: CESSATION OR COMPLETION OF OPERATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 82-4-321, MCA; IMP:
					 82-4-341,
					 MCA