RECLAMATION

17.24.1228 SMALL OPERATOR ASSISTANCE PROGRAM: APPLICANT LIABILITY The applicant shall reimburse the department for the cost of the services performed pursuant to ARM 17.24.1224 if the applicant: submits false information; fails to submit a permit application within one year from …

17.24.123 PERMIT CONSOLIDATION In order to facilitate management of multiple permits for a contiguous area, a permittee may, with department approval, consolidate permits. In order to obtain permit consolidation, the permittee must submit an application containing the following i…

17.24.1246 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: RESPONSIBILITIES OF THE DIRECTOR The director shall: provide advice, assistance, and guidance to each state employee, to determine if the employee is required to file a statement pursuant to ARM 17.24.1249; promptly review …

17.24.1247 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: RESPONSIBILITIES OF EMPLOYEES State employees performing any duties or functions under the Act shall: have no direct or indirect financial interest in coal mining operations; file a fully completed statement of employment a…

17.24.1248 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: DEFINITIONS For purposes of ARM 17.24.1246 through 17.24.1254, the following definitions apply: "Coal mining operation" means the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, …

17.24.1249 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: FILING OF STATEMENT Any state employee who performs any function or duty under the Act is required to file a statement of employment and financial interests. The director shall prepare a list of those positions within the d…

17.24.1250 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: CONTENTS OF STATEMENT Each employee who performs any function or duty under the Act shall report all information required on the statement of employment and financial interests of the employee, his or her spouse, minor chil…

17.24.1251 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: EFFECT OF FAILURE TO FILE STATEMENT Failure to file the statement of employment and financial interest as required in ARM 17.24.1249 subjects the employee to removal from his or her position. Authorizing statute(s): 82-4-20…

17.24.1252 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: GIFTS AND GRATUITIES Except as provided in (2) of this rule, an employee who performs any function or duty under the Act may not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or a…

17.24.1253 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: RESOLUTION OF PROHIBITED INTERESTS OF EMPLOYEES Whenever an employee who performs any function or duty under the Act has a prohibited financial interest, the director shall promptly advise the employee that remedial action …

17.24.1254 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: RESOLUTION OF PROHIBITED FINANCIAL INTERESTS OF THE DIRECTOR If it is determined that the director has a prohibited financial interest, the Governor shall promptly advise the director that remedial action which will resolve…

17.24.1255 RESTRICTIONS ON FINANCIAL INTERESTS: MULTIPLE INTEREST ADVISORY BOARDS Members of advisory boards and commissions (established in accordance with state law or rules to represent multiple interests) who perform a function or duty under the Act shall file an OSM Form 23 …

17.24.1260 REQUIREMENTS FOR THE CONDUCT OF BLASTING OPERATIONS Each operator shall conduct each blasting operation under direction of an individual who has been certified by the department pursuant to ARM 17.24.1261 and who is familiar with the operation's blasting plan and site-…

17.24.1261 CERTIFICATION OF BLASTERS A person seeking certification as a blaster shall submit to the department an application on a form provided by the department. The applicant shall include a verifiable statement that he has successfully completed a training course, provided b…

17.24.1262 BLASTER TRAINING COURSES A blaster training course must provide appropriate training in and discuss practical applications of: use of explosives, including: selection of the type of explosive to be used; determination of the properties of explosives which will produce …

17.24.1263 SUSPENSION OR REVOCATION OF BLASTER CERTIFICATION The following are grounds for suspension or revocation of blaster certification: failure to comply with any order of the department; conviction of criminal possession or sale of dangerous drugs; unlawful use in the work…

17.24.1264 THE DEPARTMENT'S OBLIGATIONS REGARDING THE APPLICANT/VIOLATOR SYSTEM The department shall enter into the applicant/violator system (AVS) the following data: information that the applicant is required to submit under ARM 17.24.303(1)(f), (g), and (h); information submit…

17.24.1265 DEPARTMENT ELIGIBILITY REVIEW In making a permit eligibility determination, the department shall rely upon the information supplied by the applicant pursuant to ARM 17.24.1264(1), information from AVS, and any other available information to review. The department shall…

17.24.1266 QUESTIONS ABOUT AND CHALLENGES TO OWNERSHIP OR CONTROL FINDINGS At any time a person listed in AVS as an owner or controller of a surface coal mining operation in Montana may request an informal explanation from the department as to the reason that person is shown in A…

17.24.1267 INFORMATION REQUIREMENTS FOR PERMITTEES Except as provided in (2), within 30 days after the issuance of a cessation order under 82-4-251, MCA, the permittee of the operation subject to the cessation order shall provide or update the following information: a statement i…

17.24.128 INSPECTIONS: FREQUENCY, METHOD, AND REPORTING The department shall conduct an inspection: at least once per calendar year for each permitted operation; and at least three times per year for each active operation that: uses cyanide or other metal leaching solvents or rea…

17.24.129 INSPECTIONS: RESPONSE TO CITIZEN COMPLAINTS Any person may request an inspection by the department of any operation by furnishing the department with a signed statement, or an oral report followed by a signed statement, giving the department reason to believe that there…

17.24.1301 MODIFICATION OF EXISTING PERMITS: ISSUANCE OF REVISIONS AND PERMITS Within one year of October 22, 2004, each operator and each test pit prospector shall submit to the department an application for all permit revisions necessary to bring the permit and operations condu…

17.24.1302 NONCONFORMING STRUCTURE No application for a permit or revision under subchapter 3 or 4 which proposes to use an existing structure which does not conform to the design criteria of this subchapter may be approved unless the department finds, in writing, on the basis of…

17.24.1303 RULES APPLICABLE TO COAL OPERATIONS ONLY The following rules are applicable only to the strip and underground mining of coal: ARM 17.24.801, 17.24.802, 17.24.804 through 17.24.806 (Alluvial Valley Floors), 17.24.811 and 17.24.815 (Prime Farmlands), 17.24.1131 through 1…

17.24.1304 APPLICABILITY OF FEDERAL LAW Wherever subchapters 3 through 12 require compliance with both state and federal law or regulations, compliance only with state law is required when, with consent of the federal regulatory agency, state law and rules are being enforced in l…

17.24.1307 LITIGATION EXPENSES: WHEN DEPARTMENT MAY AWARD Whenever any final order is issued at the request of any person other than the permittee, permit applicant, or the department as a result of any administrative proceeding under the Act, appropriate and reasonable costs, ex…

17.24.1308 LITIGATION EXPENSES: FILING OF PETITION The petition for an award of costs, expenses, and attorney fees must be filed within 45 days of receipt of such order. Failure to make a timely filing of the petition may constitute a waiver of the right to such an award. Authori…

17.24.1309 LITIGATION EXPENSES: CONTENTS OF PETITION AND ANSWER A petition for costs, expenses, or attorney fees must include the name of the person from whom costs and expenses are sought and the following must be submitted in support of the petition: an affidavit setting forth …

17.24.132 ENFORCEMENT: PROCESSING OF ADMINISTRATIVE DEFICIENCY NOTICES, WARNINGS, VIOLATIONS, AND PENALTIES The department shall issue an administrative deficiency notice for a deficiency in reporting, record keeping, fee payment, or notification that the department determines is…

17.24.133 ENFORCEMENT: ABATEMENT OF VIOLATIONS AND PERMIT SUSPENSION The director shall immediately issue an order suspending the license or permit for each violation of the Act, this subchapter, the license, or the permit, that is creating an imminent danger to the health or saf…

17.24.134 ENFORCEMENT: ASSESSMENT OF PENALTIES The department shall consider the factors identified in 82-4-1001 , MCA, in determining the amount of a penalty for a violation. Authorizing statute(s): 82-4-321, 82-4-361, MCA Implementing statute(s): 82-4-361, MCA History: NEW, 199…

17.24.136 ORDERS: ISSUANCE AND SERVICE Orders issued pursuant to the Act must be served upon the person to whom it is directed promptly after issuance by: delivering a copy of the order in person to the violator; or sending a copy of the order by certified mail to the violator at…

17.24.137 NOTICES AND ORDERS: EFFECT Reclamation operations and other activities intended to protect public health and safety and the environment must continue during the period of any suspension order unless otherwise provided in the order. If a suspension order will not complet…

17.24.140 BONDING: DETERMINATION OF BOND AMOUNT The department shall require submission of bond in the amount of the estimated cost to the department if it had to perform the reclamation, contingency procedures and associated monitoring activities required of an operator subject …

17.24.141 BONDING: ADJUSTMENT OF AMOUNT OF BOND The amount of the performance bond must be reviewed for possible adjustment as the disturbed acreage is revised, methods of mining operation change, standards of reclamation change or when contingency procedures or monitoring change…

17.24.142 BONDING: REPLACEMENT OF BOND The department may allow an operator to replace existing surety or collateral bonds with other surety or collateral bonds, if the liability that has accrued against the operator is transferred to such replacement bonds. The department may no…

17.24.143 BONDING: FORM OF BOND The form for the performance bond must be as provided by the department. The department shall allow for a surety bond or a collateral bond. Liability under any bond, including separate bond increments and indemnity agreements applicable to a single…

17.24.144 BONDING: SURETY BONDS In addition to the requirements of 82-4-338, MCA, surety bonds are subject to the following requirements: The department may not accept a surety bond in excess of 10% of the surety company'spaid-in surplus or additional paid-in capitalas shown on a…

17.24.145 BONDING: CERTIFICATES OF DEPOSIT The department may accept as bond an assignment of a certificate of deposit in a denomination not in excess ofthe maximum insurable amount as determined by the FDICor the NCUA. The department may not accept a combination of certificates …

17.24.146 BONDING: LETTERS OF CREDIT The department may accept as a bond a letter of credit subject to the following conditions: The letter must be issued by a bank orcredit unionorganized or authorized to do business in the United States. The letter must be irrevocable prior to …

17.24.150 ABANDONMENT OR COMPLETION OF OPERATION For the purposes of administering the Act, the following conditions are considered evidencethat a mining or milling operation is abandoned or completed, and thus subject to the reclamation time schedule outlined in 82-4-336, MCA: o…

17.24.151 ABANDONED PITS: OBJECTIONABLE EFFLUENTS (REPEALED) Authorizing statute(s): 82-4-321, MCA Implementing statute(s): 82-4-336, MCA History: Eff. 12/31/72; TRANS, from DSL, 1996 MAR p. 2852; REP, 1999 MAR p. 640, Eff. 4/9/99.

17.24.152 DISCLOSURE OF INFORMATION (REPEALED) Authorizing statute(s): 82-4-321, MCA Implementing statute(s): 82-4-336, MCA History: Eff. 12/31/72; TRANS, from DSL, 1996 MAR p. 2852; REP, 1999 MAR p. 640, Eff. 4/9/99.

17.24.153 GENERAL COMPLIANCE The operator shall comply with all federal and state laws, and such rules and regulations as are promulgated by the department under the Act. Authorizing statute(s): 82-4-321, MCA Implementing statute(s): 82-4-336, MCA History: Eff. 12/31/72; TRANS, f…

17.24.157 BLASTING OPERATIONS: COMPLAINT PROCEDURE Affected parties, who are owners of an interest in real property or individuals who reside within an area subject to property damage or safety hazards related to the use of explosives by an operator may file a signed and dated co…

17.24.158 BLASTING OPERATIONS: PARTICIPATION AND COOPERATION OF PERSONS USING EXPLOSIVES Whenever the department notifies the operator that it has received a credible complaint pursuant to ARM 17.24.157 concerning a use of explosives, the operator shall make available to the depa…