82-4-101. Short title
82-4-101. Short title. This part shall be known and may be cited as “The Strip and Underground Mine Siting Act”. History: En. 50-1601 by Sec. 1, Ch. 280, L. 1974; amd. Sec. 1, Ch. 441, L. 1975; R.C.M. 1947, 50-1601.
82-4-102. Intent — findings — policy and purpose
82-4-102. Intent — findings — policy and purpose. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Strip and Underground Mine Siting Act. It is the legislature’s intent that the requirements of this part provide adequate remedies for the protection of the […]
82-4-103. Definitions
82-4-103. Definitions. When used in this part, unless a different meaning clearly appears from the context, the following definitions apply: (1) ”Board” means the board of environmental review provided for in 2-15-3502. (2) ”Department” means the department of environmental quality provided for in 2-15-3501. (3) ”Mineral” means mineral as defined in 82-4-203. (4) ”New mine” means a strip- or underground-mining […]
82-4-104. Application
82-4-104. Application. The provisions of this part shall not apply where any preparatory work was conducted prior to January 1, 1974, or for which contracts for preparatory work or the sale of Montana coal from a new strip mine by an operator holding a valid permit under 82-4-221 were in existence and proven specific notice thereof […]
82-4-105. through 82-4-110 reserved
82-4-105 through 82-4-110 reserved.
82-4-111. Repealed
82-4-111. Repealed. Sec. 111, Ch. 324, L. 2021. History: En. 50-1604 by Sec. 4, Ch. 280, L. 1974; amd. Sec. 4, Ch. 441, L. 1975; R.C.M. 1947, 50-1604; amd. Sec. 362, Ch. 418, L. 1995.
82-4-112. Administration
82-4-112. Administration. (1) The department shall: (a) adopt, after an opportunity for a hearing, general rules pertaining to new strip mines and to new underground mines and preparatory work to accomplish the purposes of this part, rules regarding filing of reports, issuance of permits, and other matters of procedure and administration; (b) exercise general supervision, administration, and enforcement […]
82-4-113. Receipts paid into general fund
82-4-113. Receipts paid into general fund. Except for bond forfeiture moneys, all fees, penalties, and other moneys available or paid to the department under the provisions of this part shall be placed in the state treasury and credited to the general fund. History: En. 50-1610 by Sec. 10, Ch. 280, L. 1974; amd. Sec. 10, Ch. 441, […]
82-4-114. through 82-4-120 reserved
82-4-114 through 82-4-120 reserved.
82-4-121. Permit required
82-4-121. Permit required. No person may commence preparatory work until the operator shall have first obtained from the department a mine-site location permit for a new strip mine or a new underground mine or a permit under part 2 of this chapter, if the application for such permit includes an appropriate long-range mining plan acceptable to […]
82-4-122. Application and approval of permit
82-4-122. Application and approval of permit. (1) A person desiring a mine-site location permit shall file with the department an application that must contain a reclamation plan for any preparatory work and any other information the department considers necessary to determine if the proposed area to be affected by the operation is appropriate for the location […]
82-4-123. Permit fee and surety bond
82-4-123. Permit fee and surety bond. A fee of $50 shall be paid before the mine-site location permit required in this part may be issued. The operator shall also file with the department a bond payable to the state of Montana with surety satisfactory to the department in the penal sum to be determined by the […]
82-4-124. Permit — authority under and renewal
82-4-124. Permit — authority under and renewal. A mine-site location permit shall authorize the applicant to engage in preparatory work upon the area described in the application and designated in the permit for a period of 1 year from the date of issuance and is renewable until the applicant has applied for and received a strip-mining […]
82-4-125. Refusal of permit
82-4-125. Refusal of permit. (1) The department may not issue a permit under this part if it finds that a new strip mine or a new underground mine is not consistent with the purposes and policies of this part. (2) The department shall not approve a new strip-mining site, a new underground-mining site, or preparatory worksite for […]
82-4-126. When information may be used to meet strip-mining or underground-mining permit requirements
82-4-126. When information may be used to meet strip-mining or underground-mining permit requirements. The department may choose to accept information submitted under this part to the extent it is applicable and relevant as satisfying the requirements of part 2 of this chapter. History: En. 50-1614 by Sec. 14, Ch. 280, L. 1974; amd. Sec. 11, Ch. 441, […]
82-4-127. Effect of siting permit on subsequent mining permits
82-4-127. Effect of siting permit on subsequent mining permits. When the department has sufficient information to approve or disapprove a mine-site location permit application on either the entire area being considered for a mine-site location permit or a portion of the area on the grounds listed in 82-4-227(2) and (7), the department shall provide written notification […]
82-4-128. Termination of permit
82-4-128. Termination of permit. A mine-site location permit granted by the department in accordance with the provisions of this part shall remain in full force and effect until the provisions of the permit are complied with and the bond is released, except that those areas of land covered by a mine-site location permit for which a […]
82-4-129. Noncompliance — suspension of permits
82-4-129. Noncompliance — suspension of permits. (1) If any of the requirements of this part or rules or orders of the department have not been complied with within the time limits set by the department or by this part, the department shall serve a notice of noncompliance on the operator or, when necessary, the director of […]
82-4-130. Procedure for hearings
82-4-130. Procedure for hearings. (1) A person aggrieved by a final decision of the department under this part may request a hearing before the board by submitting a written request stating the reason for the request within 30 days after the department’s decision. (2) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter […]
82-4-131. through 82-4-140 reserved
82-4-131 through 82-4-140 reserved.