Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act
Rule 17.24.203 - BOND OR OTHER SECURITY
Current through Register Vol. 6, March 22, 2024
(1) An application for a permit by a non-government operator must be accompanied by a bond or other security acceptable to the department under 82-4-433, MCA, and this subchapter.
(2) The department may adjust the amount of the bond or other security levels:
(3) The operator shall immediately notify the department if the bond or other security is canceled or becomes ineffective. If the bond or other security is canceled or becomes ineffective, the operator shall reinstate or replace the canceled or ineffective bond or security with another bond or security acceptable to the department under 82-4-433, MCA, and this subchapter, within 30 days of notification by the department that the canceled or ineffective bond or other security must be replaced. In the event that the operator fails to reinstate or replace such bond or other security within the time provided in this rule, the department may suspend any permit secured by the canceled or ineffective bond or other security in accordance with 82-4-442, MCA. The operator shall immediately cease opencut operations, except reclamation activities, on lands covered by a suspended permit.
(4) An operator may apply for release of the bond in phases as follows:
(5) An application for phase I or phase II bond release or release of other security must be submitted on forms provided by the department, and must include:
(6) The department may release a portion of the bond or security when the operator demonstrates completion of a reclamation phase, as defined in (4), for a discrete portion of the permit area if:
(7) Release of a portion of the bond or security after completion of phase I reclamation does not relieve the operator from responsibility for any reclamation or any increased costs of reclamation necessary to comply with the Act, this subchapter, and the permit until phase II bond release.
(8) State and federal agencies and counties, cities, and towns are not required to post a bond or security. These government operators may request release from responsibility for reclamation in the same manner as nongovernmental operators request bond or security release in accordance with this rule, including release of a portion of the permitted area, except that government operators may not request release of responsibility for phase I reclamation.
AUTH: 82-4-422, MCA; IMP: 82-4-432, 82-4-433, MCA