82-4-446. Filing of lien for abandoned mine reclamation project
82-4-446. Filing of lien for abandoned mine reclamation project. (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 […]
82-4-1001. Penalty factors
82-4-1001. Penalty factors. (1) In determining the amount of an administrative or civil penalty assessed under the statutes listed in subsection (4), the department of environmental quality or the district court, as appropriate, shall take into account the following factors: (a) the nature, extent, and gravity of the violation; (b) the circumstances of the violation; (c) the violator’s prior […]
82-4-1002. Collection of penalties, fees, late fees, and interest
82-4-1002. Collection of penalties, fees, late fees, and interest. (1) If the department of environmental quality is unable to collect penalties, fees, late fees, or interest assessed pursuant to the provisions of this chapter, the department of environmental quality may assign the debt to a collection service or transfer the debt to the department of revenue […]
82-4-1003. through 82-4-1005 reserved
82-4-1003 through 82-4-1005 reserved.
82-4-1006. Abandoned mine reclamation account
82-4-1006. Abandoned mine reclamation account. (1) There is an abandoned mine reclamation account in the federal special revenue fund provided for in 17-2-102. (2) There must be deposited in the account: (a) money received by the state from the federal government pursuant to 30 U.S.C. 1232 through 1243; and (b) interest earned on the account. (3) (a) Money in the account […]
82-4-445. Reclamation of abandoned mine sites
82-4-445. Reclamation of abandoned mine sites. (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 determine the feasibility of restoration or […]
82-4-434. Plan of operation — requirements
82-4-434. Plan of operation — requirements. (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 use. Once […]
82-4-435. Repealed
82-4-435. Repealed. Sec. 2, Ch. 113, L. 1981. History: En. Sec. 13, Ch. 326, L. 1973; amd. Sec. 26, Ch. 39, L. 1977; R.C.M. 1947, 50-1513.
82-4-436. Plan amendments by department
82-4-436. Plan amendments by department. (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 the terms of an […]
82-4-437. Annual report — fees
82-4-437. Annual report — fees. (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 operation shall submit with the annual report […]