Montana Administrative Code

17.24.1141 DESIGNATION OF LANDS UNSUITABLE: DEFINITION 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…

17.24.1142 DESIGNATION OF LANDS UNSUITABLE: EXEMPTIONS 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;…

17.24.1143 DESIGNATION OF LANDS UNSUITABLE: PROSPECTING ON DESIGNATED LANDS (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 subchapte…

17.24.1144 DESIGNATION OF LANDS UNSUITABLE: PETITION FOR DESIGNATION OR TERMINATION OF DESIGNATION (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 co…

17.24.1145 DESIGNATION OF LANDS UNSUITABLE: NOTICE AND ACTION ON PETITION (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…

17.24.1146 DESIGNATION OF LANDS UNSUITABLE: HEARINGS ON PETITION (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 n…

17.24.1147 DESIGNATION OF LANDS UNSUITABLE: DECISION ON PETITION (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…

17.24.1148 DESIGNATION OF LANDS UNSUITABLE: DATA BASE AND INVENTORY SYSTEM (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 syst…

17.24.115 OPERATING PERMITS: RECLAMATION PLANS (1) The following provisions must be addressed in the reclamation plan: (a) land disturbed by development or mining activities must be reclaimed for one or more specified uses, including, but not limited to: forest, pasture, orchard,…

17.24.116 OPERATING PERMIT: APPLICATION REQUIREMENTS (1) Applicant must obtain an operating permit for each mine complex on a form prescribed by the department. (2) To obtain an operating permit the applicant shall pay the applicable application fee as required by 82-4-335(3), MC…

17.24.117 PERMIT CONDITIONS (1) The following conditions accompany the issuance of each permit: (a) The permittee shall conduct all operations as described in: (i) the plan of operations including the approved operating, reclamation, monitoring, and contingency plans; (ii) any ex…

17.24.118 ANNUAL REPORT (1) Each permittee shall file an annual report with the department and pay the applicable annual fee within a time period specified in 82-4-339, MCA, until such time as full bond is released. (2) The annual report must include the information outlined unde…

17.24.119 PERMIT AMENDMENTS (1) An application for a major amendment must: (a) include the applicable application fee as required under 82-4-342(3), MCA; (b) contain a summary of changes in disturbances, in resources affected, and in construction, operating, reclamation, monitori…

17.24.120 PERMIT REVISIONS (1) An application for revision must include: (a) a general summary explaining the revision; (b) a statement of the applicant's rationale for asserting nonsignificance pursuant to 82-4-342(6), MCA; (c) identification of previous environmental analyses r…

17.24.1201 FREQUENCY AND METHODS OF INSPECTIONS (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 a…

17.24.1202 CONSEQUENCES OF INSPECTIONS AND COMPLIANCE REVIEWS (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 inspect…

17.24.1203 AVAILABILITY OF INSPECTION REPORTS (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 A…

17.24.1204 INSPECTIONS IN RESPONSE TO CITIZEN COMPLAINTS (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 v…

17.24.1205 INSPECTIONS IN RESPONSE TO NOTIFICATION BY THE FEDERAL COAL REGULATORY AUTHORITY (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 th…

17.24.1206 NOTICES, ORDERS OF ABATEMENT, AND CESSATION ORDERS: ISSUANCE AND SERVICE (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…

17.24.1207 NOTICES OF NONCOMPLIANCE AND CESSATION ORDERS: INFORMAL HEARINGS (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 with…

17.24.1208 NOTICES OF NONCOMPLIANCE AND CESSATION ORDERS: EFFECT OF INABILITY TO COMPLY (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 exi…

17.24.1209 NOTICES OF NONCOMPLIANCE AND CESSATION ORDERS: CONTINUATION OF HEALTH AND SAFETY RELATED ACTIVITIES (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 othe…

17.24.121 PERMIT REVIEWS (1) At any time during the life of an operation, the department may review an operating permit. (2) If the department determines that the modification of the reclamation plan is authorized under 82-4-337(4), MCA, it may require such modification under the…

17.24.1210 CESSATION ORDERS: ADDITIONAL AFFIRMATIVE OBLIGATIONS (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…

17.24.1211 PROCEDURE FOR ASSESSMENT AND WAIVER OF CIVIL PENALTIES (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 …

17.24.1212 POINT SYSTEM FOR CIVIL PENALTIES AND WAIVERS (REPEALED) Authorizing statute(s): 82-4-204, 82-4-254, MCA Implementing statute(s): 82-4-254, MCA History: NEW, 1984 MAR p. 442, Eff. 3/16/84; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, f…

17.24.1213 SUSPENSION AND REVOCATION OF PERMITS: DETERMINATION OF PATTERN OF VIOLATIONS (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-mo…

17.24.1214 SUSPENSION AND REVOCATION OF PERMITS: PUBLIC NOTICE OF SHOW CAUSE ORDER (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 pr…

17.24.1215 SUSPENSION AND REVOCATION OF PERMITS: SERVICE OF PROCESS (1) A show cause order must be served in the same manner as a notice of violation pursuant to ARM 17.24.1206. Authorizing statute(s): 82-4-205, MCA Implementing statute(s): 82-4-251, MCA History: NEW, 1980 MAR p.…

17.24.1216 SUSPENSION AND REVOCATION OF PERMITS: EFFECT OF SUSPENSION OR REVOCATION 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 t…

17.24.1217 INDIVIDUAL CIVIL PENALTIES: WHEN ASSESSED (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 vio…

17.24.1218 INDIVIDUAL CIVIL PENALTIES: AMOUNT (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 c…

17.24.1219 INDIVIDUAL CIVIL PENALTIES: PROCEDURE FOR ASSESSMENT (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 …

17.24.122 PERMIT ASSIGNMENT (1) The department may approve the assignment of a permit if the requirements of (2) and (3) are met. (2) The permittee shall: (a) provide the department with a completed application on a form, provided by the department, which includes: (i) the name a…

17.24.1220 INDIVIDUAL CIVIL PENALTIES: PAYMENT (1) If a notice of violation and penalty order become final in the absence of a request for hearing, the penalty is due within 30 days after the expiration of the period for requesting a hearing. (2) If an individual named in a notic…

17.24.1221 SMALL OPERATOR ASSISTANCE PROGRAM: PROGRAM SERVICES (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 qualifie…

17.24.1222 SMALL OPERATOR ASSISTANCE PROGRAM: ELIGIBILITY FOR ASSISTANCE 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…

17.24.1223 SMALL OPERATOR ASSISTANCE PROGRAM: FILING FOR ASSISTANCE 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 pote…

17.24.1224 SMALL OPERATOR ASSISTANCE PROGRAM: APPLICATION APPROVAL AND NOTICE (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 shal…

17.24.1225 SMALL OPERATOR ASSISTANCE PROGRAM: DATA REQUIREMENTS (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 appli…

17.24.1226 SMALL OPERATOR ASSISTANCE PROGRAM: QUALIFICATION OF LABORATORIES, CONSULTANTS, AND CONTRACTORS (1) The department shall designate qualified laboratories, consultants, and contractors. To receive such a designation, firms shall apply to the department and provide the in…

17.24.1227 SMALL OPERATOR ASSISTANCE PROGRAM: ASSISTANCE FUNDING (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 allocatin…

17.24.1228 SMALL OPERATOR ASSISTANCE PROGRAM: APPLICANT LIABILITY (1) The applicant shall reimburse the department for the cost of the services performed pursuant to ARM 17.24.1224 if the applicant: (a) submits false information; (b) fails to submit a permit application within on…

17.24.123 PERMIT CONSOLIDATION (1) In order to facilitate management of multiple permits for a contiguous area, a permittee may, with department approval, consolidate permits. (2) In order to obtain permit consolidation, the permittee must submit an application containing the fol…

17.24.1246 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: RESPONSIBILITIES OF THE DIRECTOR The director shall: (1) 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; (2) promptly…

17.24.1247 RESTRICTIONS ON EMPLOYEE FINANCIAL INTERESTS: RESPONSIBILITIES OF EMPLOYEES State employees performing any duties or functions under the Act shall: (1) have no direct or indirect financial interest in coal mining operations; (2) file a fully completed statement of empl…