RECLAMATION

17.24.159 BLASTING OPERATIONS: ORDERS OF THE DEPARTMENT If the department determines that the preponderance of evidence indicates that property damage or safety hazards are or were caused by blasting associated with exploration or mining activities by an operator, the department …

17.24.165 MILLS AND REPROCESSING OPERATIONS: DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 82-4-321, MCA Implementing statute(s): 82-4-335, 82-4-336, 82-4-337, MCA History: NEW, 1990 MAR p. 1008, Eff. 6/1/90; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 640, Ef…

17.24.166 MILLS: APPLICABILITY OF RULES TO MILLS ARM 17.24.102 and 17.24.167 through17.24.169 apply to: all mills under permit pursuant to Title 82, chapter 4, part 3, MCA, on June 1, 1990; all mills constructed or beginning operation after June 1, 1990; the expansion of any mill…

17.24.167 MILLS: OPERATING PERMIT APPLICATION Any person wishing to operate a mill or disturb land in anticipation of construction or operation of a mill must obtain an operating permit for each mill complex on a form prescribed by the department before disturbance of land in ant…

17.24.168 MILLS: OPERATING PLANS An application for an operating permit pursuant to ARM 17.24.167 must contain an operating plan that contains each of the following: a description of the existing environment; a plan of operations that includes: all of the matters required by 82-4…

17.24.169 MILLS: RECLAMATION PLANS An application for an operating permit pursuant to ARM 17.24.167 must contain a plan that provides for the reclamation of all the land to be disturbed by the proposed milling operation and associated activities. The plan must, at a minimum, incl…

17.24.170 MILLS: CESSATION OR COMPLETION OF OPERATION (REPEALED) (REPEALED) Authorizing statute(s): 82-4-321, MCA Implementing statute(s): 82-4-341, MCA History: NEW, 1990 MAR p. 1008, Eff. 6/1/90; TRANS, from DSL, 1996 MAR p. 2852; REP, 2024 MAR p. 1060, Eff. 5/11/24.

17.24.171 REPROCESSING OF WASTE ROCK AND TAILINGS The provisions of the Act and this subchapter apply to any person, who is not a small miner,who after May 31, 1990, institutes a new operation toreprocess tailings or waste rock resulting from previous mining operations. An operat…

17.24.180 DEFINITIONS As used in ARM 17.24.181 through 17.24.189, unless the context indicates otherwise, the following definitions apply: "Commence reclamation within six months" means to commence reclamation within six months or the first seasonal opportunity after mining is no…

17.24.1801 DEFINITIONS "Mine site location" means that area of land to be affected by preparatory work. "Proposed mining area" means that area of land to be affected by all strip mining related activities including the preparatory work area. The area so described shall comprise t…

17.24.1802 APPLICABILITY DETERMINATION All non-existing or non-operating mines at the time of passage of Title 82, chapter 4, part 1, MCA, (Strip Mine Siting Act) from which 10,000 cubic yards of mineral or overburden will be removed are subject to the Act. A person currently eng…

17.24.1803 APPLICATION FOR PERMIT: GENERAL REQUIREMENTS AND PROCEDURES If desired by the applicant, meetings with departmental staff may be arranged prior to formal permit application. Such meetings would provide further information and clarify guidelines to be used in preparing …

17.24.1804 CONTENTS OF APPLICATION: MAP A current 7.5 minute USGS "topographic" map shall be submitted in all cases where a map depicting surface conditions is required. If a USGS topographic map is unavailable an equivalent will be acceptable. The map or maps submitted shall cle…

17.24.1805 CONTENTS OF APPLICATION: COMPLIANCE INFORMATION Each application shall contain the following information: the names and addresses of the owners of record of the surface of the area of land to be affected during the life of the proposed mining operation and the owners o…

17.24.1806 CONTENTS OF APPLICATION: MINERAL AND OVERBURDEN INFORMATION The applicant shall provide to the department information, data, maps, analyses and test logs from the proposed mining area for a preliminary review of mineral and overburden characteristics. Drilling shall be…

17.24.1807 CONTENTS OF APPLICATION: STUDIES AND INVENTORIES The applicant shall submit, as a minimum: overburden analyses capable of meeting the requirements of Title 82, chapter 4, part 2, MCA, pursuant rules and regulations and current departmental guidelines; mineral analyses …

17.24.1808 CONTENTS OF APPLICATION: BLASTING INFORMATION The applicant shall provide to the department a detailed narrative of proposed blasting methods that will be performed in conjunction with the proposed mining area operation. The applicant shall detail all other phases of t…

17.24.1809 CONTENTS OF APPLICATION: MINING AND RECLAMATION PLANS The applicant shall also provide to the department a general mining and reclamation plan for the proposed mining operation. These plans shall, as a minimum, include the following topical discussions: a mining plan, …

17.24.181 SMALL MINER PLACER AND DREDGE BONDING A small miner who operates a placer or dredge mine shall post a $10,000 bond unless the department approves a lower amount based on the criteriaoutlined in (2)or unless it is documented that a bond for reclamation is posted with ano…

17.24.1810 CONTENTS OF APPLICATION: MINE SITE LOCATION INFORMATION The preparatory work site and proposed facilities shall be described in narrative form and located on the mine site permit map. The narrative shall categorize each disturbance as to specific purpose, disturbance m…

17.24.1815 PERFORMANCE STANDARDS The operator shall: bury under adequate fill all toxic materials, shale, mineral, or other material determined by the department to be acid producing, toxic, undesirable or creating a hazard. Burial depth should be selected to prevent contact with…

17.24.1816 RECLAMATION PLAN: ADDITIONAL SPECIFIC REQUIREMENTS The applicant shall submit construction and reclamation plans for all intended preparatory work. Such plans shall be capable of meeting all applicable requirements which would be included in an application for permit u…

17.24.1817 WATER QUALITY: OTHER LAWS, NONDEGRADATION Waters within the public domain of the state that possess a quality higher than established standards shall be maintained at their present high quality consistent with the powers granted to the board. All operators shall comply…

17.24.1818 WATER QUALITY: IMPOUNDMENT Treatment facilities in sufficient size and number consisting of but not limited to collection basins, water retarding structures and siltation dams shall be constructed with prior approval of the department. All such facilities shall be cons…

17.24.1819 WATER QUALITY: TREATMENT The operator shall by the treatment of all water leaving the mine site location prevent the drainage into the waters of the state drainage from any source, the pH of which is less than 6.0 or greater than 9.0, or which contains a concentration …

17.24.182 (INTERPRETIVE RULE) OPERATIONAL RECOMMENDATIONS FOR SMALL MINERS In order for SMES placer and dredge operators to meet the requirements of 82-4-305 (1) , MCA, which requires that the small miner agree in writing not to pollute or contaminate any stream, the department r…

17.24.1820 WATER QUALITY: DRAINAGE All surface water which might damage regraded slopes shall be intercepted on the uphill side of the slope or other mine site perimeters by diversion ditches and conveyed by stable channels or other means to natural or prepared watercourses outsi…

17.24.1824 TOPSOILING All suitable topsoiling materials, as approved by the department, shall be removed from the mine site location area before significant disturbance occurs. Removal shall precede each step of the construction operation. The operator shall indicate in the recla…

17.24.1825 PLANTING AND REVEGETATION A suitable permanent diverse primarily native vegetative cover capable of meeting the criteria set forth in 82-4-233, MCA, shall be established on all areas of lands affected except traveled portions of railroad loops and roadways, areas of au…

17.24.1826 FORMS Forms necessary for compliance with the Montana Strip Mine Siting Act will be available at the Department of Environmental Quality, PO Box 200901, Helena, MT 59601. Authorizing statute(s): 82-4-112, MCA Implementing statute(s): 82-4-125, MCA History: NEW, Eff. 4/…

17.24.183 COMPARABLE UTILITY AND STABILITY OF RECLAIMED AREAS--STANDARDS FOR BOND RELEASE FOR SMALL MINERS In order for the department to release bond, the area must be reclaimed to a postmining land form and land use that are at least comparable to that of adjacent areas. Reclam…

17.24.184 SMALL MINER BOND FORFEITURE AND SMES REVOCATION If a small miner who conducts a placer or dredge operation fails to commence reclamation within six months after cessation of mining or within an extended period allowed by the department for good cause shown pursuant to (…

17.24.185 SMALL MINER METAL LEACHING SOLVENT OR REAGENT APPLICATIONS A small miner proposing to operate cyanide or other metal leaching solvents or reagents in a processing facility and mine under a small miner exemption must continue to meet the criteria for a small miner exempt…

17.24.186 SMALL MINER METAL LEACHING SOLVENT OR REAGENT BASELINE INFORMATION An application for a small miner cyanide or other metal leaching solvent or reagent processing facility permit must include the following baseline information on the existing conditions at the site: a ma…

17.24.187 SMALL MINER METAL LEACHING SOLVENT OR REAGENT OPERATING PLANS An application for a small miner cyanide or other metal leaching solvent or reagent processing facility permit must include the following information for construction and operation of the facility: appropriat…

17.24.188 SMALL MINER METAL LEACHING SOLVENT OR REAGENT RECLAMATION PLANS An application for a small miner cyanide or other metal leaching solvent or reagent ore processing permit must contain a reclamation plan that includes the following: the postmine land use; a reclamation ti…

17.24.189 SMALL MINER METAL LEACHING SOLVENT OR REAGENT PROCESSING FACILITIES PERFORMANCE STANDARDS AND BONDING The small miner shall notify the department of completion dates for each of the following phases of construction, and the department shall inspect and file a report on …

17.24.201 APPLICABILITY This subchapter applies to opencut operations as provided in the Opencut Mining Act (Title 82, chapter 4, part 4, MCA, hereinafter referred to as "the Act"). An operator conducting opencut operations must comply with the provisions of a contract or permit …

17.24.202 DEFINITIONS When used in this subchapter, unless a different meaning clearly appears from the context, the following definitions apply: "Access road" means an existing or proposed non-public road that connects an opencut operation to a public road or highway. The term i…

17.24.203 BOND OR OTHER SECURITY An application for a permit by a non-government operator must be accompanied by a bond or other security acceptable to the department under 82-4-433, MCA, and this subchapter. The department may adjust the amount of the bond or other security leve…

17.24.204 SITE INFORMATION IS REPEALED Authorizing statute(s): 82-4-422, MCA Implementing statute(s): 82-4-432, 82-4-434, MCA History: NEW, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; REP, 2004 MAR p. 317, Eff. 2/13/04.

17.24.205 MINING AND RECLAMATION PLAN IS REPEALED Authorizing statute(s): 82-4-422, MCA Implementing statute(s): 82-4-432, 82-4-434, MCA History: NEW, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; REP, 2004 MAR p. 317, Eff. 2/13/04.

17.24.206 LANDOWNER CONSULTATION An application for a permit or for an amendment to add acreage, for an asphalt or concrete plant, to change postmining land use, or to extend the reclamation date must demonstrate that the applicant consulted with the landowner about the proposed …

17.24.207 ADDITIONAL REQUIREMENTS FOR BENTONITE MINES In addition to the requirements imposed by ARM 17.24.203, 17.24.206, and 17.24.218 through 17.24.222, the department may require the following information as part of the plan of operation for a bentonite mining operation: an a…

17.24.208 ADDITIONAL REQUIREMENTS FOR SOIL MINES In addition to the requirements imposed by ARM 17.24.203, 17.24.206, and 17.24.218 through 17.24.222, the operator must submit, as part of the application for soil mining, soil and overburden characterization and handling sections …

17.24.212 REVIEW OF AN APPLICATION Upon receipt of an application to conduct opencut operations and within the time limits provided in 82-4-432, MCA, the department shall evaluate the application to determine if the requirements of the Act and this subchapter are satisfied. Excep…

17.24.213 AMENDMENT OF PERMITS An operator may apply for an amendment to its permit by submitting an application on a form provided by the department. Upon receipt of an amendment application and within the time limits provided in 82-4-432, MCA, the department shall evaluate the …

17.24.214 ANNUAL PRODUCTION REPORT An operator shall submit one annual production report that addresses all opencut operations during the previous calendar year to the department on or before March 1 of each year. The annual production report must be submitted electronically or o…

17.24.215 PENALTIES IS REPEALED Authorizing statute(s): 82-4-422, MCA Implementing statute(s): 82-4-434, 82-4-435, 82-4-441, MCA History: NEW, Eff. 9/5/73; AMD, Eff. 11/4/74; AMD, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; REP, 2004 MAR p. 317, Eff. 2/13/04…

17.24.216 GENERAL APPLICATION CONTENT AND PROCEDURES (REPEALED) Authorizing statute(s): 82-4-422, MCA Implementing statute(s): 82-4-402, 82-4-422, 82-4-431, 82-4-432, MCA History: NEW, 2004 MAR p. 317, Eff. 2/13/04; REP, 2016 MAR p. 513, Eff. 3/19/16.