Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.18 - Stabilization of Mill Tailings Piles › Rule 37.14.1806 - STABILIZATION OF TAILINGS PILES AND PONDS FROM MILLS

Current through Register Vol. 13, July 5, 2024
(1) Ponds from inactive mills shall be
				drained and covered with materials or provided with vegetative cover that will
				prevent wind and water erosion. Water drained from ponds from inactive mills
				shall be disposed of in a manner approved by the department.
(2) Taking into consideration the types of
				materials at each site, piles from inactive mills shall be leveled and graded
				so that there is, insofar as possible, a gradual slope to ensure that there
				shall be no low places on the pile where water might collect. Side slopes shall
				be stabilized by riprap, dikes, reduction of grades, vegetation, or any other
				method or combination of methods that will ensure stabilization.
(3) If pile edges from inactive mills are
				adjacent to a river, creek, gulch, or other watercourse that might reasonably
				be expected to erode the edges during periods of high water, the exposed slopes
				shall be stabilized and the edges shall be diked and riprapped sufficiently to
				prevent erosion of the pile.
(4)
				Adequate drainage ditches shall be provided around the pile edges from inactive
				mills to prevent surface runoff water from neighboring land from reaching and
				eroding the pile.
(5) Piles shall
				be stabilized against wind and water erosion. The method of stabilization may
				consist of vegetation or a cover of soil, soil containing rock or stone, cement
				or concrete products, petroleum products, or any other soil stabilization
				material presently recognized or which may be recognized in the future, or any
				combination of the foregoing as may be required for proper protection from
				wind, or water erosion.
(6) Access
				to a stabilized pile area shall be controlled by the operator or owner and
				properly posted.
(7) Active and
				inactive piles shall be maintained in such a manner that excessive erosion of,
				or environmental hazard from, radioactive materials does not occur.
(8) The owner of a tailings pile site shall
				give the department written notice 10 days in advance of any contemplated
				transfer of right, title or interest in such site by deed, lease, or other
				conveyance. The written notice shall contain the name and address of the
				proposed purchaser or transferee. Prior written approval of the department
				shall be obtained before the surface area of the land shall be put to use and
				it shall have been determined that the radiation dosage to the public resulting
				from the proposed use does not exceed 0.5 rem per year.
(9) With the exception of use at a mill or
				for reprocessing at the site or another location, prior written approval of the
				department must be obtained before any tailing material is removed from any
				active or inactive mill.
(10)
				Detailed plans for stabilizing tailings piles shall be submitted to the
				department for review and approval prior to undertaking stabilization of the
				pile.
(11) The department may waive
				individual requirements in regard to stabilization or utilization of tailings
				material if it can be shown that they are unnecessary or impracticable in
				specific cases.
Sec.
					 75-3-201,
					 MCA; IMP, Sec.
					 75-3-201,
					 MCA;