82-4-443. and 82-4-444 reserved
82-4-443 and 82-4-444 reserved.
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 Repealed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 Repealed.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 […]
82-4-438. Opencut fund — use of fund
82-4-438. Opencut fund — use of fund. (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 administering and […]
82-4-422. Powers, duties, and functions
82-4-422. Powers, duties, and functions. (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 implement this part will be observed; […]
82-4-423. Repealed
82-4-423. Repealed. Sec. 18, Ch. 385, L. 2007. History: En. Sec. 3, Ch. 326, L. 1973; amd. Sec. 3, Ch. 209, L. 1974; amd. Sec. 3, Ch. 235, L. 1974; amd. Sec. 16, Ch. 39, L. 1977; R.C.M. 1947, 50-1503; amd. Sec. 3, Ch. 280, L. 1987; amd. Sec. 405, Ch. 418, L. 1995; amd. Sec. 12, […]
82-4-424. Receipt and expenditure of funds — disposition of penalties and other money
82-4-424. Receipt and expenditure of funds — disposition of penalties and other money. (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, […]
82-4-425. Inspection of opencut operations
82-4-425. Inspection of opencut operations. 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 a permitted operator when practicable under the circumstances. […]