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 17.24.165 - MILLS AND REPROCESSING OPERATIONS: DEFINITIONS
Current through Register Vol. 6, March 22, 2024
As used in this subchapter and the Act, unless the context clearly indicates otherwise, the following additional definitions apply:
(1) "Alternate land use" means, with regard to a mill facility, reclamation of a site to an alternative postmining land use where the following conditions are met:
(2) "Contingency plan" means, with regard to spilled process solution, a plan which includes, but is not limited to, steps for containment, neutralization, and removal, and identification of any associated training needs.
(3) "Description of existing environment" means a description with appropriate maps of the condition of the proposed project area prior to exploration or operation. The description shall provide, but not be limited to, a discussion which characterizes each of the following:
(4) "Expansion of a mill facility" means disturbance of an area not previously disturbed by the milling operation, and, in the case of a waste dump, tailing impoundment, or similar facility, a change in the design capacity that will result in an increase in land disturbance at an existing mill facility. When disturbance of an area not previously disturbed by the operation occurs at a dump, impoundment or similar facility, the department may regulate the previously disturbed area to the extent necessary to achieve reclamation of the expansion area.
(5) "Facility" means any building, impoundment, embankment, waste or tailings disposal site, or other man-made structure associated with a particular activity. Mill facility means a mill and associated structures, disturbance and development.
(6) "Mill" means any facility for ore, tailings, or waste rock processing and disposal. This term does not include smelting, or refining facilities, sample collection processes, and pilot testing performed pursuant to an exploration license.
(7) "Plan" means that information submitted to the department pertaining to a proposed or ongoing milling related activity which utilized narratives, engineering designs, maps, cross-sections, or other documentation which adequately describes the activity.
(8) "Reclamation" means removal of facilities, unless an alternate land use is approved and the regrading, contouring, and revegetation of disturbed land. For the purpose of ARM 17.24.166 through 17.24.170, reclamation shall be deemed complete when the disturbed land is restored to a comparable utility and stability as that of adjacent areas, except for open pits and rock faces which may not be feasible to reclaim. Reclamation of previously disturbed areas is required only to the extent feasible given the pre-existing condition of the site.
(9) "Reclamation to the extent practicable and feasible" means, with regard to reprocessing of waste rock and tailings:
82-4-321, MCA; IMP, 82-4-335, 82-4-336, 82-4-337, MCA;