Montana Administrative Code

17.24.116 OPERATING PERMIT: APPLICATION REQUIREMENTS Applicant must obtain an operating permit for each mine complex on a form prescribed by the department. To obtain an operating permit the applicant shall pay a $500 fee. In addition to the information required by 82-4-335(4), M…

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

17.24.118 ANNUAL REPORT Each permittee shall file an annual report with the department and pay an annual fee of $100 within a time period specified in 82-4-339 , MCA, until such time as full bond is released. The annual report must include the information outlined under 82-4-339 …

17.24.119 PERMIT AMENDMENTS An application for a major amendment must: contain a summary of changes in disturbances, in resources affected, and in construction, operating, reclamation, monitoring, and contingency plans; provide dated replacement or supplemental resource data, pla…

17.24.120 PERMIT REVISIONS An application for revision must include: a general summary explaining the revision; a statement of the applicant's rationale for asserting nonsignificance pursuant to 82-4-342(5), MCA; identification of previous environmental analyses relevant to the r…

17.24.1201 FREQUENCY AND METHODS OF INSPECTIONS 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 adopt…

17.24.1202 CONSEQUENCES OF INSPECTIONS AND COMPLIANCE REVIEWS Inspectors shall examine mining and reclamation activities and promptly file with the department inspection reports adequate to determine whether violations exist. If it is determined on the basis of an inspection that…

17.24.1203 AVAILABILITY OF INSPECTION REPORTS 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 1…

17.24.1204 INSPECTIONS IN RESPONSE TO CITIZEN COMPLAINTS 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 viola…

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

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

17.24.1207 NOTICES OF NONCOMPLIANCE AND CESSATION ORDERS: INFORMAL HEARINGS 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 3…

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

17.24.1209 NOTICES OF NONCOMPLIANCE AND CESSATION ORDERS: CONTINUATION OF HEALTH AND SAFETY RELATED ACTIVITIES Reclamation operations and other activities intended to protect public health and safety and the environment must continue during the period of any order unless otherwis…

17.24.121 PERMIT REVIEWS At any time during the life of an operation, the department may review an operating permit. 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 procedu…

17.24.1210 CESSATION ORDERS: ADDITIONAL AFFIRMATIVE OBLIGATIONS 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…

17.24.1211 PROCEDURE FOR ASSESSMENT AND WAIVER OF CIVIL PENALTIES 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. Within 90 days after is…

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 In implementing 82-4-251(3), MCA, the department: 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 peri…

17.24.1214 SUSPENSION AND REVOCATION OF PERMITS: PUBLIC NOTICE OF SHOW CAUSE ORDER At the same time as the issuance of a show cause order pursuant to 82-4-251(3), MCA, the department shall: if practicable, publish notice of the order, including a brief statement of the procedure …

17.24.1215 SUSPENSION AND REVOCATION OF PERMITS: SERVICE OF PROCESS 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. 725…

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: if the permit is revoked, complete reclamation within the time …

17.24.1217 INDIVIDUAL CIVIL PENALTIES: WHEN ASSESSED 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 violati…

17.24.1218 INDIVIDUAL CIVIL PENALTIES: AMOUNT 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: the individual's history of authorizing, ordering or carrying …

17.24.1219 INDIVIDUAL CIVIL PENALTIES: PROCEDURE FOR ASSESSMENT The department shall serve on each individual to be assessed an individual civil penalty a notice of violation and penalty order. The notice of violation and penalty order becomes a final order 30 days after service …

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

17.24.1220 INDIVIDUAL CIVIL PENALTIES: PAYMENT 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. If an individual named in a notice of vio…

17.24.1221 SMALL OPERATOR ASSISTANCE PROGRAM: PROGRAM SERVICES 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 la…

17.24.1222 SMALL OPERATOR ASSISTANCE PROGRAM: ELIGIBILITY FOR ASSISTANCE An applicant is eligible for assistance if he or she: intends to apply for a permit pursuant to the Act; establishes that the probable total actual and attributed coal production of the operation for each ye…

17.24.1223 SMALL OPERATOR ASSISTANCE PROGRAM: FILING FOR ASSISTANCE Each applicant shall submit the following information to the department: a statement of intent to file a permit application; the name and addresses of: the potential permit applicant; and the potential operator i…

17.24.1224 SMALL OPERATOR ASSISTANCE PROGRAM: APPLICATION APPROVAL AND NOTICE 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: d…

17.24.1225 SMALL OPERATOR ASSISTANCE PROGRAM: DATA REQUIREMENTS The department shall determine the data collection requirements for each applicant based on: the extent of currently available hydrologic, core analysis, and other resource or environmental data for the applicable ar…

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

17.24.1227 SMALL OPERATOR ASSISTANCE PROGRAM: ASSISTANCE FUNDING Funds authorized for this program must not be used to cover administrative costs or the costs of test boring or core sampling. The department shall to the extent practicable establish a formula for allocating funds …

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…