Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program
Rule 17.24.1213 - SUSPENSION AND REVOCATION OF PERMITS: DETERMINATION OF PATTERN OF VIOLATIONS
Universal Citation: MT Admin Rules 17.24.1213
Current through Register Vol. 6, March 22, 2024
(1) In implementing 82-4-251(3), MCA, the department:
(a) may determine that a
pattern of violations exists or has existed, based on two or more inspections
of the permit area within any 12-month period, after considering the
circumstances, which circumstances shall include:
(i) the number of violations, cited on more
than one occasion, of the same or related requirements of the Act, the rules
adopted pursuant thereto, or the permit;
(ii) the number of violations, cited on more
than one occasion, of different requirements of the Act, the rules adopted
pursuant thereto, or the permit; and
(iii) the extent to which the violations were
isolated departures from lawful conduct; and
(iv) the number of violations caused by
unwarranted failure of the permittee to comply or willfully caused by the
permittee; and
(b) shall
determine that a pattern of violations exists if it finds that there were
violations of the same or related requirements during three or more inspections
of the permit area within any 12-month period.
(2) Whenever a permittee fails to abate a violation contained in a notice of noncompliance or cessation order within the abatement period set in the notice or order or as subsequently extended, the department shall review the permittee's history of violations to determine whether a pattern of violations exists.
(3) If the department determines that a pattern exists, it shall issue an order to show cause why the permit should not be suspended or revoked.
AUTH: 82-4-205, MCA; IMP: 82-4-251, MCA
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