Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures
Rule 17.24.407 - IMPROVIDENTLY ISSUED PERMITS: REVOCATION
Universal Citation: MT Admin Rules 17.24.407
Current through Register Vol. 6, March 22, 2024
(1) If the department, pursuant to ARM 17.24.406(3) (d), elects to revoke an improvidently issued permit, it shall serve on the permittee a notice of proposed suspension and revocation. The notice must include the reasons for the finding under ARM 17.24.406(3) and state that:
(a) after a specified period of
time not to exceed 90 days, the permit automatically will become suspended, and
not to exceed 90 days thereafter revoked, unless within those periods the
permittee submits proof, and the department finds, that:
(i) the finding of the department under ARM
17.24.406(2) was
erroneous;
(ii) the permittee or
other person responsible has abated the violation on which the finding was
based, or paid the penalty or fee, to the satisfaction of the responsible
agency;
(iii) the violation,
penalty or fee is the subject of a good-faith appeal, or of an abatement plan
or payment schedule with which the permittee or other person responsible is
complying to the satisfaction of the responsible agency; or
(iv) since the finding was made, the
permittee has severed any ownership or control link with the person responsible
for, and does not continue to be responsible for, the violation, penalty or
fee;
(b) after permit
suspension or revocation, the permittee shall cease all coal mining and
reclamation operations under the permit, except for violation abatement and for
reclamation and other environmental protection measures required by the
department; and
(c) the permittee
may file an appeal under ARM
17.24.425.
AUTH: 82-4-205, MCA; IMP: 82-4-205, 82-4-222, 82-4-227, MCA
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