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 17.24.157 - BLASTING OPERATIONS: COMPLAINT PROCEDURE
Universal Citation: MT Admin Rules 17.24.157
Current through Register Vol. 6, March 22, 2024
(1) Affected parties, who are owners of an interest in real property or individuals who reside within an area subject to property damage or safety hazards related to the use of explosives by an operator may file a signed and dated complaint related to use of explosives associated with hard rock mining or exploration activities as follows:
(a) Complaints must be filed in writing with
the department.
(b) Complaints must
include the following information:
(i) name,
mailing address, street address and phone number of the person or persons
filing complaint;
(ii) statement of
interest in real property or identification of residence within an area subject
to property damage or safety hazards related to use of explosives;
(iii) name of person or company using
explosives, if known;
(iv) detailed
location of explosives use;
(v)
date and time of use;
(vi) if
property damage is alleged, type of damage including:
(A) type of structure;
(B) nature of damage;
(C) age of structure;
(D) rationale for correlating damage to use
of explosives; and
(vii)
if safety hazard is alleged, type of safety hazard.
(c) The department shall respond to all
complaints by notifying each person who files a complaint whether the
department considers the complaint to be credible. A credible complaint is a
complaint addressing all requirements listed in (b) in a manner that is not
false or without basis on its face.
(2) The department shall promptly investigate a credible complaint by:
(a) immediately
providing the operator with a copy of a credible complaint;
(b) documenting the alleged damage or safety
hazard with photographs and engineering reports and interviews as
appropriate;
(c) requesting and
evaluating all available information from the operation allegedly responsible
for the problem;
(d) investigating
concurrent activity which may have caused or contributed to the problem
identified;
(e) conducting
appropriate tests, which may include, but are not limited to:
(i) seismograph and airblast
monitoring;
(ii) geologic
investigation; and
(iii) evaluation
of the structural integrity of the structure; and
(f) making written findings, including, if
possible, a determination of whether any of the standards in ARM
17.24.159(2)(f)(i)(2)(k)(i),
and (2)(o)(iii) were exceeded.
(3) The department shall mail a copy of its written findings to the complainant and the operator.
AUTH: 82-4-321, MCA; IMP: 82-4-356, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
