82-4-367. Long-term or perpetual water treatment permanent trust fund
82-4-367. Long-term or perpetual water treatment permanent trust fund. (1) There is established a fund of the permanent fund type to pay exclusively for the cost to the state of long-term or perpetual water treatment at the Zortman and Landusky mine sites. (2) The fund is financed with: (a) funds transferred from the orphan share account pursuant to […]
82-4-368. through 82-4-370 reserved
82-4-368 through 82-4-370 reserved.
82-4-350. Award of costs and attorney fees
82-4-350. Award of costs and attorney fees. When issuing a final order in an action challenging the grant or denial of an exploration license or operating permit issued under this part, the court may award costs of litigation, including reasonable attorney and expert witness fees, to a prevailing or substantially prevailing party whenever, in its discretion, […]
82-4-351. Reasons for denial of permit
82-4-351. Reasons for denial of permit. (1) An application for a permit or an application for an amendment to a permit may be denied for the following reasons: (a) the plan of operation or reclamation conflicts with Title 75, chapter 2, as amended, Title 75, chapter 5, as amended, Title 75, chapter 6, as amended, or rules […]
82-4-352. Reapplication with new reclamation plan
82-4-352. Reapplication with new reclamation plan. A permit may be denied and returned to the applicant with a request that the application be resubmitted with a different plan for reclamation. The person making application for a permit may then resubmit to the department a new plan for reclamation. History: En. Sec. 15, Ch. 252, L. 1971; R.C.M. […]
82-4-353. Administrative remedies — notice — appeals — parties
82-4-353. (Temporary) Administrative remedies — notice — appeals — parties. (1) Upon receipt of an application for an operating permit, the department shall provide notice of the application by publication in a newspaper of general circulation in the area to be affected by the operation. The notice must be published once a week for 3 successive […]
82-4-354. Mandamus to compel enforcement
82-4-354. Mandamus to compel enforcement. (1) A person having an interest that is or may be adversely affected, with knowledge that a requirement of this part or a rule adopted under this part is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule, may bring the […]
82-4-341. Compliance — reclamation by department
82-4-341. (Temporary) Compliance — reclamation by department. (1) The department shall cause the permit area to be inspected at least annually to determine whether the permittee has complied with this part, the rules adopted under this part, or the permit. (2) The permittee shall proceed with reclamation as scheduled in the approved reclamation plan or as required […]
82-4-342. Amendment to operating permits
82-4-342. Amendment to operating permits. (1) During the term of an operating permit issued under this part, an operator may apply for a permit revision as described in subsections (5)(g) through (5)(j) or an amendment to the permit. The operator may not apply for an amendment to delete disturbed acreage except following reclamation, as required under […]
82-4-343. Operating permit — rock products — fees
82-4-343. Operating permit — rock products — fees. (1) A person may not engage in mining of rock products or disturb land in anticipation of mining rock products before obtaining a final operating permit from the department pursuant to this section. (2) (a) A person mining rock products or a landowner allowing another person to mine rock products […]