Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act
Rule 17.24.117 - PERMIT CONDITIONS
Universal Citation: MT Admin Rules 17.24.117
Current through Register Vol. 6, March 22, 2024
(1) The following conditions accompany the issuance of each permit:
(a) The permittee shall conduct all
operations as described in:
(i) the plan of
operations including the approved operating, reclamation, monitoring, and
contingency plans;
(ii) any express
conditions which the department places on the permit to ensure compliance with
the Act or this subchapter promulgated pursuant thereto;
(iii) written commitments made by the
permittee in response to deficiencies identified by the department during the
permit application review process;
(iv) mitigation measures mutually developed
by the department and permittee pursuant to
75-1-201(4)(b),
MCA;
(v) plans or assumptions used
in calculating bond amounts that have been posted by the
permittee.
(b) If the
department issued the permit because the applicant was maintaining a good faith
direct appeal in accordance with
82-4-335,
MCA, the permittee will immediately submit proof upon resolution of the appeal
that the violation has been or is being corrected to the satisfaction of the
regulatory agency or the permittee will cease operations.
(c) Except as provided in ARM
17.24.144(1)
(f) and
17.24.146(2),
the permittee shall maintain in effect at all times a bond in the amount
established by the department. Upon failure of the permittee to maintain such
bond coverage because of expiration or cancellation of bond, the permit is
suspended and the permittee shall cease mining operations until substitute bond
is filed with and approved by the department.
AUTH: 82-4-321, MCA; IMP: 82-4-335, 82-4-336, 82-4-351, MCA
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