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 […]
82-4-446. 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 […]
82-4-439. Extended review — criteria — timeframes
82-4-439. Extended review — criteria — timeframes. (1) The department may subject an opencut application to an extended review if the department determines that comments received at a public meeting held pursuant to 82-4-432 reveal the proposed plan of operation violates provisions of this part. (2) (a) For a complete application subject to an extended review, the department […]
82-4-440. Repealed
82-4-440. Repealed. Sec. 7, Ch. 545, L. 2021. History: En. Sec. 14, Ch. 334, L. 2019.
82-4-441. Administrative and judicial penalties — enforcement
82-4-441. Administrative and judicial penalties — enforcement. (1) When the department has reason to believe that a person is in violation of this part, a rule adopted or an order issued under this part, or a term or condition of a permit issued under this part, it shall send a violation letter to the person. The […]
82-4-442. Suspension and revocation orders
82-4-442. Suspension and revocation orders. (1) (a) The department may, after affording the operator an opportunity for an informal conference, order the suspension of a permit if: (i) the operator fails to comply with a penalty order or a corrective action order issued pursuant to 82-4-441; or (ii) the operator has violated this part, a rule adopted pursuant to […]
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 […]