82-4-401. Short title

82-4-401. Short title. This part shall be known and may be cited as “The Opencut Mining Act”. History: En. Sec. 1, Ch. 326, L. 1973; R.C.M. 1947, 50-1501.

82-4-402. Intent, findings, and policy

82-4-402. Intent, findings, and policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Opencut Mining Act. It is the legislature’s intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation […]

82-4-403. Definitions

82-4-403. Definitions. When used in this part, unless a different meaning clearly appears from the context, the following definitions apply: (1) ”Affected land” means the area of land and land covered by water that is disturbed by opencut operations. A private road may be included as affected land only with the landowner’s consent. (2) ”Amendment” means a change […]

82-4-404. Exemption — operations covered by metal mine reclamation

82-4-404. Exemption — operations covered by metal mine reclamation. Nothing in this part may be construed to be applicable to mining or exploration operations which are regulated under the provisions of part 3 of this chapter. History: En. Sec. 18, Ch. 326, L. 1973; amd. Sec. 29, Ch. 39, L. 1977; R.C.M. 1947, 50-1516.

82-4-405. Inapplicability to government

82-4-405. Inapplicability to government. The provisions of this part relating to fees or bonds do not apply to the federal government or its agencies, the state of Montana, counties, cities, or towns. History: En. 50-1516.1 by Sec. 1, Ch. 81, L. 1975; amd. Sec. 30, Ch. 39, L. 1977; R.C.M. 1947, 50-1516.1; amd. Sec. 10, Ch. 507, […]

82-4-406. Exemption — opencut operations on federal and state lands

82-4-406. Exemption — opencut operations on federal and state lands. This part is not applicable to operations on certain federal and state lands as specified by the department, provided it is first determined by the department that laws, regulations, or rules administered or issued by the federal or state agency administering or having jurisdiction over the […]

82-4-407. through 82-4-420 reserved

82-4-407 through 82-4-420 reserved.

82-4-421. Repealed

82-4-421. Repealed. Sec. 18, Ch. 385, L. 2007. History: En. Sec. 5, Ch. 326, L. 1973; amd. Sec. 18, Ch. 39, L. 1977; R.C.M. 1947, 50-1505; amd. Sec. 403, Ch. 418, L. 1995.

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, […]

82-4-424. Receipt and expenditure of funds — disposition of penalties and other money

82-4-424. Receipt and expenditure of funds — disposition of penalties and other money. (1) The department may receive any federal funds, state funds, or any other funds for the reclamation of affected land. The department may cause the reclamation work to be done by its employees, by employees of other governmental agencies, by soil conservation districts, […]

82-4-425. Inspection of opencut operations

82-4-425. Inspection of opencut operations. The department or its representatives may enter upon lands subjected to opencut operations at all reasonable times for the purpose of inspection to determine whether the provisions of this part have been complied with. The department shall attempt to provide reasonable notice to a permitted operator when practicable under the circumstances. […]

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 […]

82-4-434. 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.