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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 […]

82-4-111. Repealed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 Repealed.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, […]

82-4-101. 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 […]