reglab/statecodes huggingface dataset:
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 17.24.1137 - AREAS UPON WHICH COAL MINING IS PROHIBITED: CONSULTATION WITH OTHER AGENCIES

Current through Register Vol. 13, July 5, 2024
(1) Whenever a
				proposed mining operation may adversely affect any public park or any places
				included on the national register of historic places, the department shall
				transmit to the federal, state, or local agencies with jurisdiction over or a
				statutory or regulatory responsibility for the park or historic place a copy of
				the completed permit application containing a request for that agency's
				approval or disapproval of the operations within 30 days of receipt of the
				request. Upon receipt of a written request from the appropriate agency, the
				review period may be extended 30 days.
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 17.24.1138 - AREAS UPON WHICH COAL MINING IS PROHIBITED: DESIGNATION PROCESS NOT AFFECTED

Current through Register Vol. 13, July 5, 2024
(1) If the
				department determines that the proposed strip or underground coal mining
				operation is not prohibited under
				82-4-227(7) or
				(13), MCA, or ARM
				17.24.1131, it may nevertheless,
				pursuant to appropriate petitions, designate such lands as unsuitable for all
				or certain types of strip or underground coal mining operations pursuant to ARM
				17.24.1141 through
				17.24.1148.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227,
					 82-4-228,
					 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 17.24.1141 - DESIGNATION OF LANDS UNSUITABLE: DEFINITION

Current through Register Vol. 13, July 5, 2024
For purposes of
				  82-4-228, MCA, the following
				  definitions apply:
(1) "Fragile lands"
				means geographic areas containing natural, scientific or aesthetic resources,
				or ecologic relationships that could be damaged or be destroyed by strip or
				underground coal mining operations. Examples of fragile lands include valuable
				habitats for fish or wildlife, critical habitats for endangered or threatened
				species of animals or plants, uncommon geologic formations, national natural
				landmark sites, areas where mining may result in flooding, environmental
				corridors containing a concentration of ecologic and aesthetic features, and
				areas of recreational value due to high environmental quality, and appropriate
				buffer zones adjacent to the boundaries of areas where strip or underground
				coal mining operations are prohibited under
				82-4-227, MCA, and ARM
				17.24.1131.
(2) "Historic lands" means historic or
				cultural districts, places, structures or objects, including archaeological and
				paleontological sites, national historic landmark sites, sites listed on or
				eligible for listing on a state or national register of historic places, sites
				having religious or cultural significance to Native Americans or religious
				groups or sites for which historic designation is pending.
(3) "Natural hazard lands" means geographic
				areas in which natural conditions exist which pose or, as a result of strip or
				underground coal mining operations, may pose a threat to the health, safety or
				welfare of people, property or the environment, including areas subject to
				landslides, cave-ins, large or encroaching sand dunes, severe wind or soil
				erosion, frequent flooding, avalanches and areas of unstable geology.
(4) "Substantial legal and financial
				commitments in a strip or underground coal mining operation" means significant
				investments that have been made on the basis of a long-term coal contract in
				power plants, railroads, coal-handling, preparation, extraction or storage
				facilities, and other capital-intensive activities. An example is an existing
				mine, not actually producing coal, but in a substantial stage of development
				prior to production. Costs of acquiring the coal in place or of the right to
				mine it without an existing mine, as described in the above example, alone are
				not sufficient to constitute substantial legal and financial
				commitments.
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 17.24.1142 - DESIGNATION OF LANDS UNSUITABLE: EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
The requirements of ARM
				  17.24.1141 through
				  17.24.1148 do not apply to:
(1) lands on which strip or underground coal
				mining operations were being conducted on August 3, 1977;
(2) lands covered by a permit issued under
				the Act; or
(3) lands where
				substantial legal and financial commitments in strip or underground coal mining
				operations were in existence prior to January 4, 1977.
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 17.24.1143 - DESIGNATION OF LANDS UNSUITABLE: PROSPECTING ON DESIGNATED LANDS

Current through Register Vol. 13, July 5, 2024
(1) Prospecting operations on any lands
				designated unsuitable for strip or underground mining operations, pursuant to
				82-4-228, MCA, and this
				subchapter, must be approved by the department under subchapter 10 and must
				insure that prospecting does not interfere with any value for which the area
				has been designated unsuitable for strip or underground coal mining.
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 17.24.1144 - DESIGNATION OF LANDS UNSUITABLE: PETITION FOR DESIGNATION OR TERMINATION OF DESIGNATION

Current through Register Vol. 13, July 5, 2024
(1) Any person
				having an interest which is or may be adversely affected has the right to
				petition the department to have an area designated as unsuitable for strip or
				underground coal mining operations, or to have an existing designation
				terminated. A person having an interest which is or may be adversely affected
				shall demonstrate how he or she meets an "injury in fact" test by describing
				the injury to his or her specific affected interests and demonstrate how he or
				she is among the injured.
(2) A
				petition to designate lands unsuitable must be in affidavit form. The only
				information that a petitioner need provide is:
(a) identification of the petition area,
				including its location and size, and a US geological survey topographic map
				outlining the perimeter of the petition area;
(b) allegations of facts and supporting
				evidence covering all lands in the petition area, that tend to establish that
				the area or a designated portion thereof is unsuitable for all or certain types
				of strip or underground coal mining operations, pursuant to specific criteria
				of 82-4-228, MCA, assuming that
				contemporary mining practices required under the Act would be followed if the
				area were to be mined. Each of the allegations of fact must be specific as to
				the type of mining operation, if known, and the portion of the petition area to
				which the allegation applies. Each allegation must be supported by evidence
				that tends to establish its validity;
(c) a description of how mining of the area
				has affected or may adversely affect people, land, air, water, or other
				resources, including the petitioner's interests;
(d) the petitioner's name, address and
				telephone number; and
(e)
				identification of the petitioner's interest which is or may be adversely
				affected, including a statement demonstrating how the petitioner satisfies the
				requirements of (1) of this rule.
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 17.24.1145 - DESIGNATION OF LANDS UNSUITABLE: NOTICE AND ACTION ON PETITION

Current through Register Vol. 13, July 5, 2024
(1)
(a)
				Within 30 days of receipt of a petition, the department shall notify the
				petitioner by certified mail whether or not the petition is complete under ARM
				17.24.1144(2) or
				(3).
(b) The department shall determine whether
				any identified coal resources exist in the area covered by the petition,
				without requiring any showing from the petitioner. If the department finds
				there are no identified coal resources in that area, it shall provide the
				petitioner with a statement of the findings.
(c) Once the requirements of ARM
				17.24.1144 are met, no party bears
				any burden of proof, but each accepted petition must be considered and acted
				upon by the department pursuant to the procedures of this rule.
(d) When considering a petition for an area
				which was previously and unsuccessfully proposed for designation, the
				department shall determine if the new petition presents new allegations of
				facts. If the petition does not contain new allegations of facts, the
				department may not consider the petition and shall provide the petitioner with
				a statement of its findings and a reference to the record of the previous
				designation proceedings where the facts were considered.
(e) If the department determines that the
				petition or a portion thereof is incomplete or frivolous, it shall provide the
				petitioner with a written statement of the reasons for the determination and
				the categories of information needed to make the petition complete. A frivolous
				petition is one in which the allegation of harm lacks serious merit. The
				department is not required to process a petition that is incomplete, frivolous,
				or filed by a person who does not have an interest that is or may be adversely
				affected.
(f) The department shall
				notify the person who submits a petition of any application for a permit
				received that contains a proposal to include any area covered by the
				petition.
(g) The receipt of any
				petition after the close of the public comment period on a permit application
				relating to the same mine plan area does not prevent the department from
				issuing a decision on that permit application. The department may refuse to
				process any petition received thereafter and shall provide the petitioner with
				a statement why the department cannot consider the petition. For the purposes
				of this rule, "close of the public comment period" means at the close of any
				informal conference held under ARM
				17.24.403, or, if no conference is
				requested, the close of the period for filing written comments and objections
				under 17.24.402.
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 17.24.1146 - DESIGNATION OF LANDS UNSUITABLE: HEARINGS ON PETITION

Current through Register Vol. 13, July 5, 2024
(1) Within 10 months after receipt of a
				complete petition, the department shall hold a public hearing in the locality
				of the area covered by the petition. If all petitioners and intervenors agree,
				the hearing need not be held. The department may subpoena witnesses as
				necessary. The department shall allow cross-examination of expert witnesses,
				but other witnesses must not be cross-examined. The department shall make a
				verbatim transcript of the hearing.
(2)
(a) The
				department shall give notice of the date, time, and location of the hearing to:
(i) local, state, and federal agencies which
				may have an interest in the decision on the petition;
(ii) the petitioner and the intervenors;
				and
(iii) any person with an
				ownership or other interest known to the department in the area covered by the
				petition.
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 17.24.1147 - DESIGNATION OF LANDS UNSUITABLE: DECISION ON PETITION

Current through Register Vol. 13, July 5, 2024
(1) In reaching its decision, the department
				shall use:
(a) the information contained in
				the data base and inventory system provided for in ARM
				17.24.1148;
(b) information provided by other
				governmental agencies;
(c) the
				detailed statement prepared under
				82-4-228(3), MCA;
				and
(d) any other relevant
				information submitted during the comment period.
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 17.24.1148 - DESIGNATION OF LANDS UNSUITABLE: DATA BASE AND INVENTORY SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) The department shall develop a data base
				and inventory system which will permit evaluation of whether reclamation is
				feasible in areas covered by petitions.
(2) The department shall include in the
				system information relevant to the criteria in
				82-4-228(2), MCA,
				including, but not limited to, information received from the United States fish
				and wildlife service, the department of fish, wildlife, and parks, and the
				state historic preservation officer.
(3) The department shall add to the data base
				and inventory system information:
(a) on
				potential coal resources of the state, demand for those resources, the
				environment, the economy and the supply of coal, sufficient to enable the
				department to prepare the statements required by
				82-4-228(3), MCA;
				and
(b) that becomes available from
				petitions, publications, experiments, permit applications, mining and
				reclamation operations, and other sources.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1201 - FREQUENCY AND METHODS OF INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall conduct an average of at least one partial inspection per
				month of each active mining operation and such partial inspections of each
				inactive mining operation as are necessary to enforce the Act, the rules
				adopted under the Act and the permit, at least one complete inspection per
				calendar quarter of each active and inactive mining operation, and such
				periodic partial or complete inspections of prospecting operations as are
				necessary to enforce the Act, the rules adopted pursuant thereto, and the
				permit.
(2) A partial inspection is
				an on-site or aerial observation of the operator's compliance with some of the
				mining or prospecting permit conditions and requirements. Aerial inspections
				shall be conducted in a manner and at a time that reasonably ensure the
				identification and documentation of conditions at each operation in relation to
				permit conditions and requirements. Any potential violation observed during an
				aerial inspection shall be investigated on site within three days, provided
				that any indication of a violation, condition, or practice that creates an
				imminent danger to the health or safety of the public or is causing or can
				reasonably be expected to cause significant and imminent environmental harm to
				land, air, or water resources shall be investigated on site immediately.
				On-site investigations of potential violations observed during an aerial
				inspection may not be considered to be an additional partial or complete
				inspection for the purposes of ARM
				17.24.1201.
(3) A complete inspection is an on-site
				observation of the operator's compliance with all of the mining or prospecting
				permit conditions and requirements within the entire area disturbed or affected
				by the operation.
(4) Inspections
				must occur without prior notice to the permittee, except for necessary on-site
				meetings, be conducted on an irregular basis, and be scheduled to detect
				violations on nights, weekends, and holidays.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-205,
					 82-4-235,
					 82-4-237,
					 82-4-251,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1202 - CONSEQUENCES OF INSPECTIONS AND COMPLIANCE REVIEWS

Current through Register Vol. 13, July 5, 2024
(1) Inspectors shall examine mining and
				reclamation activities and promptly file with the department inspection reports
				adequate to determine whether violations exist.
(2) If it is determined on the basis of an
				inspection that the permittee is, or any condition or practice exists, in
				violation of any requirement of this part or any permit condition required by
				this part, the director or an authorized representative shall promptly issue a
				notice of noncompliance or order of cessation for the operation or the portion
				of the operation relevant to the condition, practice, or violation in
				accordance with
				82-4-251, MCA, and this
				subchapter.
(3) The department may
				order changes in mining and reclamation plans as are necessary to ensure
				compliance with the Act and the rules adopted pursuant thereto.
(4) If on the basis of field inspection or
				review of records or reports the department determines that reclamation is
				unsuccessful in terms of the Act, the rules adopted pursuant thereto or permit
				conditions or requirements, the department shall order the operator to
				immediately investigate and determine the cause. The operator shall
				subsequently submit an investigative report along with a prescribed course of
				corrective action, so that alternatives can be employed to promptly ensure
				compliance with the Act, the rules adopted pursuant thereto, and the
				permit.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-205,
					 82-4-231,
					 82-4-233,
					 82-4-235,
					 82-4-237,
					 82-4-251,
					 82-4-254,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1203 - AVAILABILITY OF INSPECTION REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall make copies of all records, reports, inspection materials, and
				information obtained must be made immediately available to the public at the
				department office closest to the operation involved or by mail. See ARM
				17.24.426.
82-4-205, MCA; IMP,
					 82-4-235,
					 82-4-237,
					 82-4-251,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1204 - INSPECTIONS IN RESPONSE TO CITIZEN COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) Any person may request an inspection 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,
				or the permit 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 identity of any person supplying information to the department
				relating to a possible violation or imminent danger or harm must remain
				confidential with the department, if requested by that person, unless that
				person elects to accompany the inspector on the inspection.
(2) If the report or statement alleges facts
				that, if true, would constitute a prohibited condition, practice, or violation
				and states the basis upon which the facts are known or provides other
				corroborating evidence sufficient to give the department reason to believe that
				the prohibited condition, practice or violation exists, the department shall
				conduct an inspection to determine whether the condition, practice, or
				violation exists or existed. If the department conducts an inspection pursuant
				to (1), it shall notify the person who requested the inspection as far in
				advance as practicable of when the inspection is to occur. The person who has
				provided the statement or report must be allowed to accompany the inspector.
				The person is under supervision and control of the inspector while within the
				permit area. The person does not have a right to enter buildings or structures
				without the consent of the person in control of the building or without a
				search warrant.
(3) Within ten days
				of the inspection, or if there is no inspection, within 15 days of receipt of
				the citizen's written statement, the department shall send the person and the
				alleged violator 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 and notice of the person's right to informal review;
(b) if no inspection was made, an explanation
				of the reason why and notice of the person's right to informal
				review.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1205 - INSPECTIONS IN RESPONSE TO NOTIFICATION BY THE FEDERAL COAL REGULATORY AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) Whenever the
				department receives notice from the Federal Coal Regulatory Authority that it
				has reason to believe that there exists a violation of the Act, the rules
				adopted pursuant thereto, or the permit, or a condition or practice that
				creates an imminent danger to the public or that is causing or can reasonably
				be expected to cause significant, imminent harm to land, air, or water
				resources, the department shall make an inspection, determine whether such a
				violation, condition, or practice exists. It shall then take appropriate action
				to correct all such violations, conditions, or practices. If imminent danger to
				the public or imminent harm to land, air, or water resources exists or may
				exist, the department shall take appropriate action immediately. It shall act
				within ten days of notice of other violations.
82-4-205, MCA; IMP,
					 82-4-235,
					 82-4-237,
					 82-4-251,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1206 - NOTICES, ORDERS OF ABATEMENT, AND CESSATION ORDERS: ISSUANCE AND SERVICE

Current through Register Vol. 13, July 5, 2024
(1) The department shall issue a cessation
				order for each violation, condition, or practice that creates an imminent
				danger to the health or safety of the public or is causing or can reasonably be
				expected to cause significant and imminent environmental harm to land, air, or
				water resources, for failure to comply with an order of abatement, and for
				conducting mining operations or prospecting without a permit. Within 60 days
				after issuance of a cessation order, the department shall notify, in writing,
				any person who has been identified pursuant to ARM
				17.24.303(1) (g) and (1)
				(h), and
				17.24.413(1) (d),
				as owning or controlling the permittee, that the cessation order was issued and
				that the person has been identified as an owner or controller. The department
				shall issue a notice of noncompliance for other violations.
(2) A notice of noncompliance, notice of
				violation, penalty order, or cessation order must be served upon the person to
				whom it is directed or his designated agent promptly after issuance by:
(a) tendering a copy of the notice or order
				at the operation to a designated agent, to the individual in charge of the
				operation or, if the designated agent or person in charge cannot be located at
				the operation, to any agent or employee at the operation;
(b) sending a copy of the notice or order by
				certified mail to the permittee or his designated agent; or
(c) hand delivery of a copy of the notice or
				order to the permittee or his designated agent. Designation of an agent other
				than the agent named in the permit application for service of process may be
				made by filing with the department a written designation signed by the former
				designated agent;
(d) service is
				complete upon tender of the document and is not incomplete because of refusal
				to accept.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1207 - NOTICES OF NONCOMPLIANCE AND CESSATION ORDERS: INFORMAL HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (2) and (3), if a
				notice of noncompliance or cessation order requires cessation of mining or
				prospecting, expressly or by necessary implication, that notice or order
				expires within 30 days after it is served unless an informal public hearing has
				been held within that time. The hearing must be held at or reasonably close to
				the mine site so that the alleged violation may be viewed during the hearing or
				at any other location acceptable to the department and the person to whom the
				notice or order was issued. The departmental office nearest to the mine site is
				hereby deemed to be reasonably close to the mine site unless a closer location
				is requested and agreed to by the department. For purposes of this rule,
				"mining" means extracting coal from the earth or waste piles and transporting
				it within or from the permit area.
(2)
(a) A
				notice of noncompliance or cessation order that requires cessation of
				prospecting or mining does not expire as provided in (1) if the informal public
				hearing has been waived or if, with the consent of the person to whom the
				notice or order was issued, the informal hearing is held later than 30 days
				after the notice or order.
(b) The
				informal public hearing will be deemed waived if the person to whom the notice
				or order was issued is informed, as provided in (c), that he or she will be
				deemed to have waived the informal public hearing unless he or she requests one
				within 30 days after service of the notice and he or she fails to request an
				informal public hearing within that time.
(c) The written notice provided in (b) must
				be delivered to the person by personal service by an authorized agent of the
				department or certified mail within five days after the notice or order that
				requires cessation of mining is served on that person.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1208 - NOTICES OF NONCOMPLIANCE AND CESSATION ORDERS: EFFECT OF INABILITY TO COMPLY

Current through Register Vol. 13, July 5, 2024
(1) A cessation
				order or notice of noncompliance may not be vacated because of inability to
				comply. Inability to comply may not be considered in determining whether a
				pattern of violations exists.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-251,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1209 - NOTICES OF NONCOMPLIANCE AND CESSATION ORDERS: CONTINUATION OF HEALTH AND SAFETY RELATED ACTIVITIES

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 order unless
				otherwise provided in the order.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-251,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1210 - CESSATION ORDERS: ADDITIONAL AFFIRMATIVE OBLIGATIONS

Current through Register Vol. 13, July 5, 2024
(1) If a cessation order will not completely
				abate the imminent danger or harm in the most expeditious manner physically
				possible, the director or his 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.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-251,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1211 - PROCEDURE FOR ASSESSMENT AND WAIVER OF CIVIL PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) The department shall review each notice
				of noncompliance to determine whether the violation is a minor one for which a
				civil penalty should be waived or, if not, the amount of civil
				penalty.
(2) Within 90 days after
				issuance of the notice of noncompliance, the department shall serve a notice of
				violation and penalty order or notice of violation and waiver of penalty.
				Failure to serve the notice of violation and proposed penalty within 90 days is
				not grounds for dismissal of the penalty unless the person against whom the
				penalty is assessed demonstrates actual prejudice resulting from the delay and
				makes objection in the normal course of administrative review. If the notice of
				violation and penalty order is tendered by mail at the address of the person,
				as set forth in the permit in case of a permittee, and he or she refuses to
				accept delivery of or to collect such mail, service is completed upon such
				tender. In order to contest the fact of violation or the amount of penalty, the
				person charged with the violation must file a written request for hearing to
				the Board of Environmental Review within 30 days of service of the notice of
				violation and penalty order. The hearing must be a contested case hearing in
				accordance with
				82-4-206, MCA. If the department
				vacates the notice of violation, it shall also vacate the notice of
				noncompliance. At any time after issuance of the notice of violation and
				penalty order and before commencement of the hearing, or, if a hearing is not
				requested, before the notice and order become final, the person may confer with
				the department regarding the proposed penalty.
(3) The department shall determine the civil
				penalty in accordance with
				82-4-1001, MCA.
(4) The violation is minor and the civil
				penalty may be waived if a consideration of the penalty factors set forth in
				82-4-1001, MCA, demonstrates that
				the violation is not of potential harm to public health, public safety, or the
				environment and does not impair the administration of the Act. The department
				shall set forth the basis for waiving the penalty in writing. The department
				may not waive the penalty on the basis that the waiver could be used to offset
				the costs of abatement.
AUTH:
					 82-4-205,
					 82-4-254, MCA; IMP:
					 82-4-254,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1212 - POINT SYSTEM FOR CIVIL PENALTIES AND WAIVERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204,
					 82-4-254, MCA; IMP,
					 82-4-254,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1213 - SUSPENSION AND REVOCATION OF PERMITS: DETERMINATION OF PATTERN OF VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) In implementing
				82-4-251(3), MCA,
				the department:
(a) may determine that a
				pattern of violations exists or has existed, based on two or more inspections
				of the permit area within any 12-month period, after considering the
				circumstances, which circumstances shall include:
(i) the number of violations, cited on more
				than one occasion, of the same or related requirements of the Act, the rules
				adopted pursuant thereto, or the permit;
(ii) the number of violations, cited on more
				than one occasion, of different requirements of the Act, the rules adopted
				pursuant thereto, or the permit; and
(iii) the extent to which the violations were
				isolated departures from lawful conduct; and
(iv) the number of violations caused by
				unwarranted failure of the permittee to comply or willfully caused by the
				permittee; and
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1214 - SUSPENSION AND REVOCATION OF PERMITS: PUBLIC NOTICE OF SHOW CAUSE ORDER

Current through Register Vol. 13, July 5, 2024
(1) At the same time as the issuance of a
				show cause order pursuant to
				82-4-251(3), MCA,
				the department shall:
(a) if practicable,
				publish notice of the order, including a brief statement of the procedure for
				intervention in the proceeding, in a newspaper of general circulation in the
				area of operations; and
(b) post
				notice at the departmental office closest to the operations.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1215 - SUSPENSION AND REVOCATION OF PERMITS: SERVICE OF PROCESS

Current through Register Vol. 13, July 5, 2024
(1) A show cause order must be served in the
				same manner as a notice of violation pursuant to ARM
				17.24.1206.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-251,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1216 - SUSPENSION AND REVOCATION OF PERMITS: EFFECT OF SUSPENSION OR REVOCATION

Current through Register Vol. 13, July 5, 2024
If a permit has been suspended or revoked, the permittee may
				  not conduct any operations or prospecting on the permit area and shall:
(1) if the permit is revoked, complete
				reclamation within the time specified in the order;
(2) if the permit is suspended, complete all
				affirmative obligations to abate all conditions, practices, or violations, as
				specified in the order.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-251,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1217 - INDIVIDUAL CIVIL PENALTIES: WHEN ASSESSED

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (2), the department
				may assess an individual civil penalty against any corporate director, office
				or agent of a corporate permittee who knowingly and willfully authorized,
				ordered or carried out a violation, failure or refusal.
(2) The department may not assess an
				individual civil penalty in situations resulting from a permit violation by a
				corporate permittee until a cessation order has been issued by the department
				to the corporate permittee for the violation, and the cessation order has
				remained unabated for 30 days.
82-4-205, MCA; IMP,
					 82-4-254,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1218 - INDIVIDUAL CIVIL PENALTIES: AMOUNT

Current through Register Vol. 13, July 5, 2024
(1) In
				determining the amount of an individual civil penalty assessed under ARM
				17.24.1217, the department shall
				consider the criteria specified in
				82-4-1001, MCA, including:
(a) the individual's history of authorizing,
				ordering or carrying out previous violations, failures or refusals at the
				particular coal mining operation;
(b) the seriousness of the violation, failure
				or refusal (as indicated by the extent of damage, the cost of reclamation or
				both), including any irreparable harm to the environment and any hazard to the
				health or safety of the public; and
(c) the demonstrated good faith of the
				individual charged in attempting to achieve rapid compliance after notice of
				the violation, failure or refusal.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1219 - INDIVIDUAL CIVIL PENALTIES: PROCEDURE FOR ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1) The department shall serve on each
				individual to be assessed an individual civil penalty a notice of violation and
				penalty order.
(2) The notice of
				violation and penalty order becomes a final order 30 days after service upon
				the individual unless:
(a) the individual
				files within 30 days of service of the notice of violation and penalty order a
				request for hearing pursuant to
				82-4-254(3), MCA;
				or
(b) the department and the
				individual or responsible corporate permittee agree within 30 days of service
				of the notice of proposed individual civil penalty assessment to a schedule or
				plan for the abatement or correction of the violation, failure or
				refusal.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1221 - SMALL OPERATOR ASSISTANCE PROGRAM: PROGRAM SERVICES

Current through Register Vol. 13, July 5, 2024
(1) To the extent possible with available
				federal funds, the department shall, for a coal mine operating permit applicant
				who meets the criteria of ARM
				17.24.1222 and who requests
				assistance, select and pay a qualified laboratory, contractor, or consultant
				to:
(a) determine for the applicant the
				probable hydrologic consequences of the mining and reclamation operations both
				on and off the proposed permit area in accordance with ARM
				17.24.1225;
(b) prepare a statement of the results of
				test borings or core samplings in accordance with ARM 17.24.1225;
(c) collect and provide general hydrology
				information on the basin or subbasin areas within which the anticipated mining
				will occur. The information provided must be limited to that required to relate
				the basin or subbasin hydrology to the hydrology of the proposed permit area;
				and
(d) provide other services
				specified in ARM 17.24.1225.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1222 - SMALL OPERATOR ASSISTANCE PROGRAM: ELIGIBILITY FOR ASSISTANCE

Current through Register Vol. 13, July 5, 2024
An applicant is eligible for assistance if he or she:
(1) intends to apply for a permit pursuant to
				the Act;
(2) establishes that the
				probable total actual and attributed coal production of the operation for each
				year of the permit will not exceed 300,000 tons. Production from the following
				operations must be attributed to the applicant:
(a) the pro rata share, based upon percentage
				of ownership by the applicant, of coal produced by operations in which the
				applicant owns more than a 10% interest;
(b) all coal produced by operations owned by
				persons who directly or indirectly control the applicant by reason of stock
				ownership, direction of the management or in any other manner
				whatsoever;
(c) the pro rata share,
				based upon percentage of ownership of the applicant, of coal produced in other
				operations owned or controlled by persons who own more than 10% of the
				applicant's operation;
(d) all coal
				produced by operations owned by the family and relatives of the applicant,
				unless there is no direct or indirect business relationship between or among
				the individuals; and
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1223 - SMALL OPERATOR ASSISTANCE PROGRAM: FILING FOR ASSISTANCE

Current through Register Vol. 13, July 5, 2024
Each applicant shall submit the following information to the
				  department:
(1) a statement of intent
				to file a permit application;
(2)
				the name and addresses of:
(a) the potential
				permit applicant; and
(b) the
				potential operator if different from the applicant;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1224 - SMALL OPERATOR ASSISTANCE PROGRAM: APPLICATION APPROVAL AND NOTICE

Current through Register Vol. 13, July 5, 2024
(1) If the department finds the applicant
				eligible, and it does not have information readily available which would
				preclude issuance of a permit to the applicant for mining in the area proposed,
				it shall:
(a) determine the minimum data
				requirements necessary to meet the provisions of ARM
				17.24.1225;
(b) select the services of one or more
				qualified laboratories, contractors, and/or consultants to perform the required
				work. A copy of the contract or other appropriate work must be provided to the
				applicant.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1225 - SMALL OPERATOR ASSISTANCE PROGRAM: DATA REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department shall determine the data
				collection requirements for each applicant based on:
(a) the extent of currently available
				hydrologic, core analysis, and other resource or environmental data for the
				applicable area; and
(b) the data
				collection and analysis requirements of subchapter 3 and any other applicable
				portions of these rules.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1226 - SMALL OPERATOR ASSISTANCE PROGRAM: QUALIFICATION OF LABORATORIES, CONSULTANTS, AND CONTRACTORS

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall designate qualified laboratories, consultants, and contractors. To
				receive such a designation, firms shall apply to the department and provide the
				information necessary to establish the qualifications required by
				(2).
(2)
(a) To qualify for designation a firm shall
				demonstrate that it:
(i) is staffed with
				experienced, professional personnel capable of performing any or all of the
				work described in ARM
				17.24.1225(2);
(ii) is capable of collecting necessary field
				data and samples;
(iii) has
				adequate space for material preparation cleaning and sterilizing necessary
				equipment, stationary equipment, storage, and space to accommodate periods of
				peak work loads;
(iv) meets the
				requirements of the Department of Labor and Industry Safety Bureau;
(v) has the financial capability and business
				organization necessary to perform the work required;
(vi) has analytical, monitoring and measuring
				equipment capable of meeting the applicable standards and methods contained in
				ARM 17.24.645 and
				17.24.646; and
(vii) is capable of performing either the
				determination or statement under ARM
				17.24.1225(2) (a) and
				(b).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1227 - SMALL OPERATOR ASSISTANCE PROGRAM: ASSISTANCE FUNDING

Current through Register Vol. 13, July 5, 2024
(1) Funds authorized for this program must
				not be used to cover administrative costs or the costs of test boring or core
				sampling.
(2) The department shall
				to the extent practicable establish a formula for allocating funds among
				eligible small operator permit applicants if available funds are less than
				those required to provide the services. This formula must include such factors
				as the applicant's:
(a) anticipated date of
				filing a permit application;
(b)
				anticipated date for commencing mining; and
(c) performance history.