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.
82-4-426. Reclamation of land on which bond forfeited
82-4-426. Reclamation of land on which bond forfeited. In keeping with the provisions of this part, the department or its agents or contractors may enter and reclaim any affected land with respect to which a bond has been forfeited. History: En. Sec. 14, Ch. 326, L. 1973; amd. Sec. 27, Ch. 39, L. 1977; R.C.M. 1947, 50-1514; […]
82-4-427. Hearing — appeal — venue
82-4-427. Hearing — appeal — venue. (1) (a) Subject to subsections (1)(b) and (1)(c), a person whose interests are or may be adversely affected by a final decision of the department to approve or disapprove a permit application and accompanying material or a permit amendment application and accompanying material under this part is entitled to a […]
82-4-428. through 82-4-430 reserved
82-4-428 through 82-4-430 reserved.
82-4-431. Permit for mining, processing, and reclamation required
82-4-431. Permit for mining, processing, and reclamation required. (1) Except as provided in subsections (2) and (3), a permit is required for an operator who: (a) conducts an opencut operation that results in the removal of more than 10,000 cubic yards of materials and overburden; or (b) conducts an opencut operation where less than 10,000 cubic yards of […]
82-4-432. Application for permit — contents — issuance — amendment
82-4-432. Application for permit — contents — issuance — amendment. (1) (a) An operator who requires a permit pursuant to 82-4-431 shall apply for a permit on forms furnished by the department prior to commencing operations. (b) Operations subject to subsections (2) through (13) are those: (i) that affect ground water or surface water, including intermittent or perennial […]
82-4-433. Bond
82-4-433. Bond. (1) Before a permit or permit amendment may be issued, a surety bond made payable to the state of Montana and conditioned upon the operator’s full compliance with all requirements of this part, the rules adopted under this part, and the permit must be submitted to and approved by the department. The bond must […]
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, […]