reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1009 - DIVERSIONS

Current through Register Vol. 13, July 5, 2024
(1) With the exception of small and temporary
				diversions of overland flow of water around new roads, drill pads, test pits,
				and support facilities, no ephemeral, intermittent, or perennial stream may be
				diverted.
(2) Overland flow of
				water must be diverted in a manner that:
(a)
				prevents erosion;
(b) to the extent
				possible, using the best technology currently available, prevents additional
				contributions of suspended solids to streamflow or runoff; and
(c) complies with applicable portions of ARM
				17.24.635 and
				17.24.636 and all other applicable
				state or federal require-ments.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1010 - REMOVAL OF EQUIPMENT

Current through Register Vol. 13, July 5, 2024
All equipment and facilities must be promptly removed from
				  the prospecting area when no longer needed for exploration or reclamation,
				  except for equipment and facilities that the department determines may remain
				  to:
(1) provide additional
				environmental quality data;
(2)
				reduce or control the on- and off-site effects of the prospecting operations;
				or
(3) facilitate future strip or
				underground mining operations by the permittee.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-226,
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1011 - HYDROLOGIC BALANCE

Current through Register Vol. 13, July 5, 2024
(1) Prospecting
				must be conducted to minimize disturbance of the prevailing hydrologic balance
				in accordance with ARM
				17.24.631 through
				17.24.634,
				17.24.638 through
				17.24.651 and must include
				appropriate sediment control measures, such as those listed in ARM
				17.24.638 or sedimentation ponds
				that comply with the requirements of ARM
				17.24.639. The department may
				specify additional measures.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-226,
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1012 - TOXIC- OR ACID-FORMING MATERIALS

Current through Register Vol. 13, July 5, 2024
(1)
				Toxic- or acid-forming materials must be handled and disposed of in accordance
				with ARM 17.24.505,
				17.24.507, and
				17.24.510. Additional measures may
				be specified by the department.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-226,
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1013 - DRILLING

Current through Register Vol. 13, July 5, 2024
If drilling is proposed, the prospecting plan must comply
				  with the following:
(1) drill sites
				must not be constructed within 100 feet of stream channelways (dry or flowing)
				or in an area where drilling-related materials may enter stream channelways.
				The department may grant site- or condition-specific exemptions to the 100-foot
				requirement;
(2) excavations and
				dozer work must be kept to a minimum. All reasonable efforts must be made to
				locate drill sites in areas where no dozer work is necessary;
(3) portable mud pits must be used unless
				otherwise approved by the department;
(4) drilling mud and all other fluids must be
				confined to the site. Cuttings must be disposed of in accordance with ARM
				17.24.1005(3)
				(a).
(5) All refuse from drilling operations must
				be completely disposed of by hauling to an approved landfill dump, unless the
				department approves an alternate method of disposal that will be as
				environmentally protective.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-226,
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1014 - TEST PITS: APPLICATION REQUIREMENTS, REVIEW PROCEDURES, BONDING, AND ADDITIONAL PERFORMANCE STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) In
				addition to all the other performance standards set forth in ARM
				17.24.1005 through
				17.24.1012, prospecting test pits
				must also comply with the following requirements:
(a) Test pits or other excavations must be
				located out of stream channels (dry or flowing) unless otherwise approved by
				the department.
(b) Applications,
				permits, bonds, prospecting activities, and related procedures, and reclamation
				relating to test pits or excavations that are to produce test shipments of
				minerals, must comply with the applicable provisions of subchapters 3 and 5
				through 9, and ARM
				17.24.1101 through
				17.24.1122,
				17.24.1125,
				17.24.1129, and
				17.24.1131 through
				17.24.1138.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1016 - BOND REQUIREMENTS FOR DRILLING OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department shall require bond in an
				amount equal to the estimated cost to the department for reclamation,
				restoration, and abatement work as committed to in the approved permit. Minimum
				bond on all active permits must not be less than $200 per acre, with a minimum
				total of $10,000. Bond must be submitted as described in ARM
				17.24.1101 through
				17.24.1110, unless otherwise noted
				below.
(2) Separate bonds are
				required for each permit. Permits are issued on a county basis.
(3) Each drill site is considered to be 1.0
				acre unless otherwise approved by the department.
(4) Bond must be retained for a minimum
				period of five years after initial reclamation of areas disturbed by
				prospecting activities.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-226,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1017 - BOND RELEASE PROCEDURES FOR DRILLING OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) Bond release may be requested at the
				following times:
(a) Partial release may be
				requested and granted after:
(i) downhole
				plugging is completed; and
(ii)
				backfilling and grading, pursuant to the approved plan, is
				completed;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1018 - NOTICE OF INTENT TO PROSPECT

Current through Register Vol. 13, July 5, 2024
(1) This
				rule applies to a prospecting operation that is outside an area designated
				unsuitable for coal mining pursuant to
				82-4-227 or
				82-4-228, MCA, and that is:
(a) conducted for the purpose of gathering
				environmental data to establish the conditions of an area before beginning
				strip or underground mining; or
(b)
				conducted to determine drill hole locations and access routes prior to
				submittal of an application to prospect to determine the location, quality, and
				quantity of a mineral reserve.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1019 - PERMIT REQUIREMENT - SHORT FORM

Current through Register Vol. 13, July 5, 2024
(1) This
				rule applies to a prospecting operation that is outside an area designated
				unsuitable and conducted to determine the location, quality, or quantity of a
				coal deposit pursuant to
				82-4-226(7), MCA,
				that does not remove more than 250 tons of coal and that does not substantially
				disturb the natural land surface.
(2) A person who conducts a coal prospecting
				operation pursuant to (1) must, before conducting the prospecting operations,
				file with the department a prospecting permit application on a form provided by
				the department. Prospecting operations must not be conducted until the
				department has reviewed the application pursuant to
				82-4-226(8), MCA,
				and issued a permit.
(3) All
				provisions of this subchapter, except ARM
				17.24.1001(1),
				(2), and (4) through (6),
				17.24.1006(2) and (3)(b) and
				(c),
				17.24.1007,
				17.24.1009,
				17.24.1014, and
				17.24.1018 apply to a prospecting
				operation permitted pursuant to
				82-4-226(8),
				MCA.
82-4-226, MCA; IMP,
					 82-4-226,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1101 - BONDING: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this rule, the following definitions
				  apply:
(1) "Surety bond" means an
				indemnity agreement in a sum certain payable to the department executed by the
				permittee which is supported by the performance guarantee of a corporation
				licensed to do business as a surety in Montana.
(2) "Collateral bond" means an indemnity
				agreement in a sum certain payable to the department executed by the permittee
				and which is supported by the deposit with the department of cash, negotiable
				bonds of the United States, state or municipalities, negotiable certificates of
				deposit or an irrevocable letter of credit of any bank organized or authorized
				to transact business in the United States.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1102 - BONDING: DETERMINATION OF BOND AMOUNT

Current through Register Vol. 13, July 5, 2024
The standard applied by the department in determining the
				  amount of performance bond is the estimated cost to the department if it had to
				  perform the reclamation, restoration, and abatement work required of an
				  operator or a prospecting permittee under the Act, the rules adopted
				  thereunder, and the permit. This amount is based on, but not limited to:
(1) the estimated costs submitted by the
				permittee in accordance with ARM
				17.24.313 and, if applicable,
				costs estimated by using current machinery production handbooks and
				publications or other documented costs acceptable to the department;
(2) the additional estimated costs to the
				department which may arise from applicable public contracting requirements or
				the need to bring personnel and equipment to the permit area after its
				abandonment by the permittee to perform reclamation, restoration, and abatement
				work;
(3) all additional estimated
				costs necessary, expedient, and incident to the satisfactory completion of the
				requirements identified in this rule;
(4) an additional amount based on factors of
				cost changes during the preceding 5 years for the types of activities
				associated with the reclamation to be performed; and
(5) such other cost information as may be
				required by or available to the department.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1103 - BONDING: PERIOD OF RESPONSIBILITY FOR ALTERNATE REVEGETATION IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204,
					 82-4-205, MCA; IMP,
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1105 - BONDING: FORM OF BOND

Current through Register Vol. 13, July 5, 2024
The form for the performance bond must be as provided by the
				  department. The department shall allow for either:
(1) a surety bond; or
(2) a collateral bond.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1106 - BONDING: TERMS AND CONDITIONS OF BOND

Current through Register Vol. 13, July 5, 2024
(1) In
				addition to the requirements of
				82-4-223, MCA, surety bonds must
				be subject to the following requirements:
(a)
				the department may not accept surety bonds 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 (1) (b);
(b) the department may not accept surety
				bonds from a surety company that is not listed in the U.S. department of the
				treasury's listing of approved sureties (Circular 570); and
(c) the surety bond must provide a mechanism
				for the surety company to give prompt notice to the department and the
				permittee of any action alleging bankruptcy or insolvency of the surety or the
				permittee, or violation that would result in suspension or revocation of the
				license of the surety.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1107 - BONDING: INCAPACITY OF SURETY

Current through Register Vol. 13, July 5, 2024
(1) Upon
				the incapacity of a surety by reason of bankruptcy, insolvency or suspension or
				revocation of its license, the permittee 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 received through the procedures of
				this rule or from the permittee, shall, in writing, notify the operator who is
				without bond coverage and specify 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 coal extraction and shall comply with
				the provisions of ARM
				17.24.522 and shall immediately
				begin to conduct reclamation operations in accordance with the reclamation
				plan. Mining operations must not resume until the department has determined
				that an acceptable bond has been posted.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1108 - BONDING: CERTIFICATES OF DEPOSIT

Current through Register Vol. 13, July 5, 2024
(1) The
				department may not accept an individual certificate for a denomination in
				excess of $100,000, or maximum insurable amount as determined by the federal
				deposit insurance corporation, the federal savings and loan insurance
				corporation, or the national credit union administration.
(2) The department may only accept
				automatically renewable certificates of deposit issued by a bank insured by the
				federal deposit insurance corporation or a credit union insured by the national
				credit union administration.
(3)
				The department shall require the applicant 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 by ARM
				17.24.1102.
(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 or credit unions issuing these certificates to
				waive all rights of setoff or liens against these certificates.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1110 - BONDING: REPLACEMENT OF BOND

Current through Register Vol. 13, July 5, 2024
(1) The
				department may allow permittees to replace existing surety or collateral bonds
				with other surety or collateral bonds if the liability that has accrued against
				the permittee on the permit area is transferred to such replacement
				bonds.
(2) The department may not
				release existing performance bonds until the permittee has submitted and the
				department has approved acceptable replacement performance bonds. A replacement
				of performance bonds pursuant to this rule does not constitute a release of
				bond under ARM
				17.24.1111.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1111 - BONDING: BOND RELEASE APPLICATION CONTENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The permittee or any person authorized to act on his behalf may file an
				application with the department for release of all or part of the performance
				bond liability applicable to a particular permit after all reclamation,
				restoration and abatement work in a reclamation phase as defined in ARM
				17.24.1116 has been completed on
				the entire permit area or on an area approved under
				82-4-223, MCA, for the incremental
				filing for and release of bond liability.
(2) Applications must be filed at times or
				seasons that allow the department to evaluate properly the reclamation
				operations alleged to have been completed.
(3) The application must include the
				information required by
				82-4-232(6)(a),
				MCA.
(4) Each application for
				partial or full bond release must include a notarized statement which certifies
				that all applicable reclamation requirements have been achieved in accordance
				with the Act, the rules, and the approved reclamation plan.
(5) The department shall determine whether an
				application is administratively complete within 60 days of receipt and shall
				immediately notify the applicant in writing of its determination. If the
				department determines an application is not administratively complete, the
				notice must list the specific items not adequately addressed in the
				application. Any items not listed in the notice are presumed to be
				addressed.
(6) Within 45 days of
				the department's determination of administrative completeness, the applicant
				shall submit proof of publication of the advertisement required by ARM
				17.24.1112.
(7) Applicants for prospecting bond release
				shall comply with ARM
				17.24.1017.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1112 - BONDING: ADVERTISEMENT OF RELEASE APPLICATIONS AND RECEIPT OF OBJECTIONS

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of notice of the
				department's determination of administrative completeness, the applicant shall
				advertise the approved public notice of the application in a newspaper of
				general circulation in the locality of the permit area. The advertisement must:
(a) be placed in the newspaper at least once
				a week for four consecutive weeks;
(b) show the name of the permittee and the
				number and date of issuance or renewal of the permit;
(c) show the precise location and the number
				of acres of the lands subject to the application;
(d) show the total amount of bond in effect
				for the permit area and the amount for which release is sought;
(e) summarize the reclamation, restoration or
				abatement work done including, but not limited to, backstowing or mine sealing,
				if applicable, and give the dates of completion of that work;
(f) identify the portion of bond release, as
				described in ARM
				17.24.1116, applied for;
(g) describe the reclamation results
				achieved, as they relate to compliance with the Act, the rules adopted
				thereunder, and the approved mining and reclamation plan and permit;
				and
(h) state that written
				comments, objections, and requests for public hearing or informal conference
				may be submitted to the department by any affected person, and provide the
				address of the department and the closing date by which comments, objections,
				and requests must be received.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1113 - BONDING: INSPECTION OF SITE AND PUBLIC HEARING OR INFORMAL CONFERENCE

Current through Register Vol. 13, July 5, 2024
(1) Within 30 days of determining that a bond
				release application is administratively complete pursuant to
				82-4-232(6)(h),
				MCA, the department shall, weather permitting, inspect and evaluate the
				reclamation work. The surface owner, agent, or lessee shall be given notice of
				such inspection and may participate with the department in making the bond
				release inspection. Upon request of any person described in ARM
				17.24.1112(2),
				the department may arrange with the permittee to allow that person access to
				the permit area for the purpose of gathering information relevant to the
				proceeding.
(2) The department
				shall hold a public hearing if written objections are filed and a public
				hearing is requested within 30 days of the last publication of notice of
				application. The public hearing must be held in the locality of the permit area
				for which bond release is sought or in Helena, at the option of the objector.
(a) Notice of a public hearing must be
				published in the Montana Administrative Register at least two weeks before the
				date of hearing and in a newspaper of general circulation in the locality of
				the hearing for two consecutive weeks before the date of the hearing.
(b) The public hearing must be held within 30
				days from the date of the hearing request.
(c) The requirements of the Montana
				Administrative Procedure Act do not apply to the conduct of the public
				hearing.
(d) An electronic or
				stenographic record must be made of the hearing and the record maintained for
				access by the parties, until final release of the bond, unless recording is
				waived by all of the parties to the hearing.
(e) Without prejudice to the rights of an
				objector or the applicant, the department may hold an informal conference to
				resolve written objections. The department shall make a record of the informal
				conference unless the record is waived by all parties. The record must be
				accessible to all parties.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1114 - BONDING: DEPARTMENTAL REVIEW AND DECISION ON BOND RELEASE APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) The department shall consider, during
				inspection, evaluation, informal conference, hearing and decision:
(a) whether the permittee has met the
				criteria for release of the bond;
(b) the degree of difficulty in completing
				any remaining reclamation, restoration or abatement work; and
(c) whether pollution of surface and
				subsurface water is occurring, the probability of future pollution or the
				continuance of any present pollution, and the estimated cost of abating any
				pollution.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1115 - BONDING: HEARING ON BOND RELEASE DECISION

Current through Register Vol. 13, July 5, 2024
(1) Following receipt of the decision of the
				department under ARM
				17.24.1114, the permittee or any
				affected person may request a hearing on the reasons for that decision.
				Requests for hearings must be filed within 30 days after the permittee and
				other parties are notified of the decision of the department.
(2) The department shall inform the
				permittee, local government, and any objecting party of the time, date, and
				place of the hearing and publish notice of the hearing in the Montana
				Administrative Register, and in a newspaper of general circulation in the
				locality of the permit area twice a week for 2 consecutive weeks before the
				hearing. The hearing must be adjudicatory in nature and be held within a
				reasonable time after the receipt of the request in the town or city nearest
				the permit area, or in Helena at the option of the objector. The department may
				subpoena witnesses and printed materials and compel the attendance of witnesses
				and production of the materials at the hearing. A verbatim record of the
				hearing must be made and the transcript made available on the motion of any
				party or by order of the department. The decision of the hearing authority must
				be made within 30 days of the hearing. Parties seeking to reverse the decision
				or any part of the decision of the department that is the subject of the
				hearing shall have the burden of presenting a preponderance of evidence, to
				persuade the hearing authority that the decision cannot be supported by the
				reasons given in notification of the department's decision.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1116 - BONDING: CRITERIA AND SCHEDULE FOR RELEASE OF BOND

Current through Register Vol. 13, July 5, 2024
(1) The department may not release any
				portion of the performance bond until it finds that the permittee has met the
				requirements of the applicable reclamation phase as defined in this rule. The
				department may release portions of the performance bond applicable to a permit
				following completion of reclamation phases on the entire permit area or on
				incremental areas within the permit area.
(2) Release of any portion of the performance
				bond does not relieve the operator of liability for any corrective action
				necessary to comply with the Act, subchapters 3 through 13 of this chapter, and
				the permit until final bond release.
(3) Subject to the limitations of (5) and (6)
				of this rule, the maximum portion of the performance bond that may be released
				at any time on applicable areas is:
(a) 60%
				if reclamation phase I has been completed;
(b) the amount associated with soil
				replacement activities, if reclamation phase II has been completed;
(c) the amount associated with revegetation
				activities, if reclamation phase III has been completed; and
(d) the remaining portion of the performance
				bond, if reclamation phase IV has been completed.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1116A - REASSERTION OF JURISDICTION IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-205, MCA; IMP,
					 82-4-235,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1117 - BONDING: PROCEDURE FOR FORFEITURE

Current through Register Vol. 13, July 5, 2024
In the event forfeiture of the bond is necessary, the
				  department shall:
(1) send written
				notification by certified mail, return receipt requested, to the permittee and
				the surety on the bond, if applicable, of the department's determination to
				forfeit all or part of the bond and the reasons for the forfeiture, including a
				finding of the amount to be forfeited;
(2) advise the permittee and surety, if
				applicable, of any conditions under which forfeiture may be avoided, including,
				but not limited to:
(a) agreement by the
				permittee or another party to perform reclamation operations in accordance with
				a compliance schedule that meets the conditions of the permit, the reclamation
				plan, and the regulatory program, and a demonstration that such party has the
				ability to satisfy the conditions; or
(b) completion by the surety of the
				reclamation plan, or the portion of the reclamation plan applicable to the
				bonded phase or increment, if the surety can demonstrate an ability to complete
				the reclamation in accordance with the approved reclamation plan. Except where
				the department approves partial release under ARM
				17.24.1116, no surety liability
				may be released until successful completion of all reclamation under the terms
				of the permit, including applicable responsibility periods; and
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1118 - BONDING: EFFECT OF FORFEITURE

Current through Register Vol. 13, July 5, 2024
(1) The
				written determination to forfeit all or part of the bond, including the reasons
				for forfeiture and the amount to be forfeited, is a final decision by the
				department.
(2) The department may
				forfeit any or all bond deposited for an entire permit area. Liability under
				any bond, including separate bond increments or indemnity agreements applicable
				to a single operation must extend to the entire permit area.
(3) In the event the estimated amount
				forfeited is insufficient to pay for the full cost of reclamation, the
				permittee shall be liable for remaining costs. The department may complete or
				authorize completion of reclamation of the bonded area and may recover from the
				operator all costs of reclamation in excess of the amount forfeited.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1119 - BONDING: CRITERIA FOR FORFEITURE

Current through Register Vol. 13, July 5, 2024
(1) A
				bond must be forfeited if the department finds that:
(a) the permittee has violated any of the
				terms or conditions of the bond;
(b) the permittee has failed to conduct the
				strip or underground mining and reclamation operations in accordance with the
				Act, the rules adopted pursuant thereto, or the conditions of the permit,
				within the time required by the Act, the rules adopted pursuant thereto, or the
				permit;
(c) the permit for the area
				under bond has been revoked, unless the operator assumes liability for
				completion of reclamation work; or
(d) the permittee has failed to comply with a
				compliance schedule approved by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1120 - BONDING: DETERMINATION OF FORFEITURE AMOUNT

Current through Register Vol. 13, July 5, 2024
The department shall either:
(1) determine the amount of the bond to be
				forfeited on the basis of the estimated cost to the department or its
				contractor to complete the reclamation plan and other regulatory requirements
				in accordance with the Act, the rules adopted pursuant thereto, and the
				requirements of the permit; or
(2)
				forfeit the entire amount of the bond for which liability is outstanding and
				deposit the proceeds thereof in an interest-bearing escrow account for use in
				the payment of all costs and administrative expenses associated with the
				conduct of reclamation, restoration or abatement activities by the
				department.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1121 - BONDING: STATE AGENCIES AND POLITICAL SUBDIVISIONS

Current through Register Vol. 13, July 5, 2024
(1) The department may require agencies and
				political subdivisions of the state to file bonds for prospecting operations
				other than test pit prospecting operations.
(2) Agencies and political subdivisions of
				the state shall file a bond that meets the requirements of
				82-4-223, MCA, and ARM
				17.24.1101 through
				17.24.1120, before the department
				may issue a mining permit or test pit prospecting permit.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1122 - NOTICE OF ACTION ON COLLATERAL BOND

Current through Register Vol. 13, July 5, 2024
(1)
				The department shall give advanced notice of any action pursuant to a
				collateral bond to each person who has an interest in the collateral and who,
				in writing at the time the collateral was offered, requested notice of future
				action.
82-4-205, MCA; IMP,
					 82-4-232,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1125 - LIABILITY INSURANCE

Current through Register Vol. 13, July 5, 2024
(1) Minimum
				insurance coverage to comply with
				82-4-222(5), MCA,
				is $300,000 bodily injury coverage for each occurrence and $500,000 in the
				aggregate and $300,000 property damage for each occurrence and $500,000 in
				aggregate.
(2) The policy must be
				maintained in full force during the life of the permit or any renewal thereof
				and until final bond release on the permit area.
(3) The policy must include a rider requiring
				that the insurer notify the department whenever substantive changes are made in
				the policy, including any termination or failure to renew.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1129 - ANNUAL REPORT

Current through Register Vol. 13, July 5, 2024
(1) Each operator
				shall file copies of an annual report with the department within a time period
				specified in
				82-4-237, MCA, until such time as
				full bond is released.
(2) The
				annual report must include:
(a) the name and
				address of the operator and the permit number;
(b) the exact number of acres of land
				affected by the operation during the preceding year and cumulatively;
(c) the extent of backfilling and grading
				performed during the preceding year and cumulatively;
(d) the extent of vegetative reclamation
				(seeding or planting) performed during the preceding year (in narrative and map
				form), including:
(i) the type of planting or
				seeding;
(ii) the mixtures and
				amounts seeded;
(iii) the species,
				location, and method of planting for site or species specific
				plantings;
(iv) the date of seeding
				or planting;
(v) the area of land
				planted;
(vi) cumulative areas
				reseeded to date; and
(vii)
				cumulative acres of each phase of bond released to date;
(e) vegetation monitoring data and analysis
				pursuant to ARM
				17.24.723;
(f) replaced soil depths and a map of all
				sites sampled;
(g) an inspection
				map depicting all approved surface features, as required by the department, in
				or associated with the permit area, reproduced at a scale applicable for field
				use;
(h) a summary of actions taken
				to comply with state weed control laws;
(i) an updated cultural resource management
				table, including a list of sites mitigated and disturbed in the preceding year
				and sites to be mitigated and disturbed in the coming year; and
(j) any other relevant information required
				by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1131 - PROTECTION OF PARKS, HISTORIC SITES, AND OTHER LANDS

Current through Register Vol. 13, July 5, 2024
(1) In addition to those areas upon which
				strip or underground mining is specifically prohibited pursuant to
				82-4-227(13),
				MCA, subject to valid existing rights, no strip or underground coal mining may
				be conducted, unless the operation existed on August 3, 1977:
(a) on any lands upon which the mining would
				adversely affect any publicly owned park or places included in the national
				register of historic sites unless mining thereof is approved jointly by the
				department and the federal, state, or local agency with jurisdiction over the
				park or historic sites;
(b) on any
				lands within the national system of trails.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1132 - AREAS UPON WHICH COAL MINING IS PROHIBITED: DEFINITIONS AND STANDARD FOR MEASUREMENT OF DISTANCES

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of 82-4-227(13),
				MCA, the following definitions apply:
(a)
				"valid existing rights" has the same definition as the definition of the term
				contained in 30 CFR
				761.5 (2003), which is incorporated by
				reference into this rule. Copies of
				30 CFR
				761.5 may be obtained from the department at
				its Helena office.
(b) "valid
				existing rights" does not mean mere expectation of a right to conduct strip or
				underground coal mining. Examples of rights which alone do not constitute valid
				existing rights include, but are not limited to, coal prospecting permits or
				licenses, applications or bids for leases, or where a person has only applied
				for a state or federal permit;
(c)
				"occupied dwelling" means any building that is currently being used on a
				regular or temporary basis for human habitation;
(d) "public building" means any structure
				that is owned or leased by a public agency and used principally for public
				business, meetings, or other group gatherings;
(e) "community or institutional building"
				means any structure, other than a public building or an occupied dwelling,
				which is used primarily for meetings, gatherings or functions of local civic
				organizations or other community groups; functions as an educational, cultural,
				historic, religious, scientific, correctional, mental-health or physical health
				care facility; or is used for public service, including, but not limited to,
				water supply, power generation or sewage treatment;
(f) "public park" means an area dedicated or
				designated by any federal, state, or local agency for public recreational use,
				whether or not such use is limited to certain times or days, including any land
				leased, reserved or held open to the public because of that use;
(g) "public road" means a street, road, or
				highway, and any related structure, that has been or will be built and
				maintained with appropriated funds of the United States; that has been or will
				be built and maintained with funds of the state of Montana or any political
				subdivision thereof; that has been or will be dedicated to public use; or that
				has been acquired by eminent domain or adverse use by the public, jurisdiction
				having been assumed by the state or any political subdivision
				thereof.
(h) "cemetery" means any
				area of land where human bodies are interred.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1133 - AREAS UPON WHICH COAL MINING IS PROHIBITED: PROCEDURES FOR DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of an application for a
				strip or underground coal mining operation permit, the department shall review
				the application to determine whether strip or underground coal mining
				operations are limited or prohibited under
				82-4-227(7) or
				(13), MCA, or ARM
				17.24.1131, on the lands which
				would be disturbed by the proposed operation.
(2) Whenever a proposed operation would be
				located on any lands listed in
				82-4-227(7) or
				(13), MCA, (except for proximity to public
				roads) or ARM 17.24.1131, the department shall reject the application unless:
(a) the applicant has valid existing rights
				for the proposed permit area; or
(b) the operation existed when the land came
				under the protection of
				82-4-227(7) or
				(13), MCA, (except the proximity of public
				roads) or ARM 17.24.1131. This exception applies only to land within the permit
				area as it exists when the land comes under this protection.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1134 - AREAS UPON WHICH COAL MINING IS PROHIBITED: PERMISSION TO MINE NEAR PUBLIC ROAD

Current through Register Vol. 13, July 5, 2024
Whenever a proposed mining operation is to be conducted
				  within 100 feet measured horizontally to the outside right-of-way line of any
				  public road (except where mine access roads or haul roads join such
				  right-of-way line), the department may permit mining to occur within 100 feet
				  of the road if:
(1) the applicant
				obtains the necessary approvals of the authority with jurisdiction over the
				public road;
(2) a notice of a
				public hearing in a newspaper of general circulation in the affected locale is
				provided at least two weeks before the hearing;
(3) an opportunity for a public hearing at
				which any member of the public may participate is provided in the locality of
				the proposed mining operations for the purpose of determining whether the
				interests of the public and affected landowners will be protected;
				and
(4) a written finding based
				upon information received at the public hearing is made within 30 days after
				completion of the hearing as to whether the interests of the public and
				affected landowners will be protected from the proposed mining
				operations.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1135 - AREAS UPON WHICH COAL MINING IS PROHIBITED: RELOCATION OR CLOSURE OF PUBLIC ROAD

Current through Register Vol. 13, July 5, 2024
Whenever an applicant proposes to relocate or close a public
				  road to facilitate strip or underground mining operations, the road may not be
				  relocated or closed until:
(1) the
				permit authorizing the operation is granted;
(2) the applicant obtains the necessary
				approval from the authority with jurisdiction over the public road;
(3) a notice of a public hearing in a
				newspaper of general circulation in the affected locale is provided at least
				two weeks before the hearing;
(4)
				an opportunity for a public hearing at which any member of the public may
				participate is provided in the locality of the proposed mining operations for
				the purpose of determining whether the interests of the public and affected
				landowners will be protected; and
(5) a written finding based upon information
				received at the public hearing is made within 30 days after completion of the
				hearing as to whether the interests of the public and affected landowners will
				be protected from the proposed mining operations.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas › Rule 17.24.1136 - AREAS UPON WHICH COAL MINING IS PROHIBITED: WAIVER TO MINE NEAR DWELLING

Current through Register Vol. 13, July 5, 2024
(1) Whenever a proposed strip or underground
				mining operation would be conducted within 300 feet measured horizontally of
				any occupied dwelling, the applicant shall submit with the application a
				written waiver by lease, deed, or other conveyance from the owner of the
				dwelling, clarifying that the owner and signatory had the legal right to deny
				mining and knowingly waived that right. The waiver acts as consent to such
				operations within a closer distance of the dwelling as specified in the
				waiver.
(2) A valid waiver is
				effective against subsequent purchasers who had actual or constructive
				knowledge of the waiver at the time of purchase. Constructive knowledge is
				presumed if the waiver has been properly filed with the county clerk and
				recorder or if mining has proceeded to within 300 feet prior to the date of
				purchase.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227, MCA