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 17.24.416 - PERMIT RENEWAL
Current through Register Vol. 6, March 22, 2024
(1) Applications for renewals of a permit must be made at least 240, but not more than 300 days prior to the expiration date. Renewal applications must be on a form provided by the department, including, at a minimum, the following:
(2) Applications for renewal are subject to the requirements of public notification and participation contained in ARM 17.24.401 through 17.24.405.
(3) No permit renewal may exceed the period of the original permit.
(4) The department shall, upon the basis of application for renewal and completion of all procedures required under this rule, issue a renewal of a permit, unless it is established and written findings by the department are made that:
(5) In determining whether to approve or deny a renewal, the burden must be on the opponents of renewal.
(6) The department shall send copies of its decision to the applicant, to any persons who filed objections or comments to the renewal, and to any persons who were parties to any informal conference held on the permit renewal.
(7) Any person having an interest which is or may be adversely affected by the decision of the department has the right to administrative review pursuant to ARM 17.24.425.
(8) An operating permit need not be renewed for a site at which coal extraction, processing, and handling have been completed. Permit expiration does not relieve the operator of the duty to comply with the Act, this subchapter, and the permit and to retain the bond and liability insurance in full force and effect until final bond release.
AUTH: 82-4-205, MCA; IMP: 82-4-221, 82-4-226, MCA