Montana Administrative Code

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…

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…