Title 82, Title 82

(1) An operator constructing a new or expanded tailings storage facility shall: (a) when indicated by the construction management plan, engage a professional engineer or other oversight specified in the plan to implement the construction management plan specified in the final des…

(1) A tailings operation, maintenance, and surveillance manual is required for a tailings storage facility. (2) For a tailings storage facility that exists on or before October 1, 2015, the tailings operation, maintenance, and surveillance manual must be developed within 180 days…

(1) Following department approval of a design document pursuant to 82-4-376 during mining, or as required in a reclamation plan approved pursuant to 82-4-336, the operator shall assemble a panel in accordance with the panel requirements in 82-4-377. A reasonable effort must be ma…

(1) The engineer of record shall inspect a tailings storage facility annually during operation or as required during closure pursuant to a reclamation plan under 82-4-336. (2) (a) The engineer of record shall prepare a report describing the scope of the inspection and actions rec…

(1) Open-pit mining for gold or silver using heap leaching or vat leaching with cyanide ore-processing reagents is prohibited except as described in subsection (2). (2) A mine described in this section operating on November 3, 1998, may continue operating under its existing opera…

This part shall be known and may be cited as "The Opencut Mining Act".

(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Opencut Mining Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the protecti…

When used in this part, unless a different meaning clearly appears from the context, the following definitions apply: (1) "Affected land" means the area of land and land covered by water that is disturbed by opencut operations. A private road may be included as affected land only…

Nothing in this part may be construed to be applicable to mining or exploration operations which are regulated under the provisions of part 3 of this chapter.

The provisions of this part relating to fees or bonds do not apply to the federal government or its agencies, the state of Montana, counties, cities, or towns.

This part is not applicable to operations on certain federal and state lands as specified by the department, provided it is first determined by the department that laws, regulations, or rules administered or issued by the federal or state agency administering or having jurisdicti…

(1) The department has the powers, duties, and functions to: (a) issue permits when, on the basis of the information set forth in the application and an evaluation of the proposed opencut operations, the department finds that the requirements of this part and rules adopted to imp…

(1) The department may receive any federal funds, state funds, or any other funds for the reclamation of affected land. The department may cause the reclamation work to be done by its employees, by employees of other governmental agencies, by soil conservation districts, or throu…

The department or its representatives may enter upon lands subjected to opencut operations at all reasonable times for the purpose of inspection to determine whether the provisions of this part have been complied with. The department shall attempt to provide reasonable notice to …

In keeping with the provisions of this part, the department or its agents or contractors may enter and reclaim any affected land with respect to which a bond has been forfeited.

(1) (a) Subject to subsections (1)(b) and (1)(c), a person whose interests are or may be adversely affected by a final decision of the department to approve or disapprove a permit application and accompanying material or a permit amendment application and accompanying material un…

(1) Except as provided in subsections (2) and (3), a permit is required for an operator who: (a) conducts an opencut operation that results in the removal of more than 10,000 cubic yards of materials and overburden; or (b) conducts an opencut operation where less than 10,000 cubi…

(1) (a) An operator who requires a permit pursuant to 82-4-431 shall apply for a permit on forms furnished by the department prior to commencing operations. (b) Operations subject to subsections (2) through (13) are those: (i) that affect ground water or surface water, including …

(1) Before a permit or permit amendment may be issued, a surety bond made payable to the state of Montana and conditioned upon the operator's full compliance with all requirements of this part, the rules adopted under this part, and the permit must be submitted to and approved by…

(1) The department shall accept a plan of operation if the department finds that the plan complies with the requirements of this part and the rules adopted pursuant to this part and that after the opencut operation is completed, the affected land will be reclaimed to a productive…

(1) Unless an amendment to a plan of operation or permit is proposed by the operator, the department may amend only the terms of a plan or permit in compliance with this section. (2) If the department believes, based on credible evidence, that a continued opencut operation under …

(1) For each opencut operation, the operator shall file an annual report on a form furnished by the department. The report must contain the information and be submitted at times provided in rules of the department. (2) (a) Except as provided in subsection (2)(b), each opencut ope…

(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the opencut fund. (2) There must be deposited in the account money received from the fees established in 82-4-437. (3) Money in the fund must be spent for the purposes of administerin…

(1) The department may subject an opencut application to an extended review if the department determines that comments received at a public meeting held pursuant to 82-4-432 reveal the proposed plan of operation violates provisions of this part. (2) (a) For a complete application…

(1) When the department has reason to believe that a person is in violation of this part, a rule adopted or an order issued under this part, an administrative deficiency notice, or a term or condition of a permit issued under this part, it shall send a letter of warning or violat…

(1) (a) The department may, after affording the operator an opportunity for an informal conference, order the suspension of a permit if: (i) the operator fails to comply with a penalty order or a corrective action order issued pursuant to 82-4-441; or (ii) the operator has violat…

(1) Agents, employees, or contractors of the department may enter upon property for the purpose of conducting studies or exploratory work to determine whether the property has been mined and not reclaimed and rehabilitated in accordance with the requirements of this part and to d…

(1) Before commencement of a project using public funds to restore or reclaim property or to abate, control, or prevent adverse effects of past mining practices on private property, the department may file a notice of the right to claim a lien in the clerk and recorder's office i…

This state enacts into law and enters into the Interstate Mining Compact with all states that enact the compact in the form substantially contained in 82-4-602.

The Interstate Mining Compact referred to in 82-4-601 through 82-4-604 reads as follows: ARTICLE I FINDINGS AND PURPOSES (1) The party states find that: (a) Mining and the contributions of mining to the economy and well-being of every state are of basic significance. (b) The effe…

(1) The governor may appoint a designee to serve as the governor's official representative to the compact and to perform all functions in connection with the business of the compact. (2) Provisions and policies of the Interstate Mining Compact may not be construed to limit, repea…

The department of environmental quality may pay annually out of funds collected from mining fees, abandoned mine land fees and funds, natural resource operations, or from funds granted to the state by the federal office of surface mining reclamation and enforcement, the annual me…