82-4-205. Administration by department and board. (1) The department shall adopt, after an opportunity for a hearing, general rules pertaining to strip mining and to underground mining to accomplish the purposes of this part. The department may adopt rules with respect to filing of reports, issuance of permits, monitoring, and other matters of procedure and administration.
(2) The department:
(a) shall exercise general supervision, administration, and enforcement of this part and all rules and orders adopted under this part;
(b) shall review for approval or disapproval all plans and specifications submitted by an operator for the method of operation, subsidence stabilization, water control, backfilling, grading, highwall reduction, and topsoiling and for the reclamation of the area of land affected by the operator's operation;
(c) shall issue orders requiring an operator to adopt the remedial measures necessary to comply with this part and rules adopted under this part;
(d) shall order the suspension of any permit for failure to comply with this part or a rule adopted under this part;
(e) shall issue an order revoking a permit when the requirements set forth by a notice of violation, order of suspension, or order requiring remedial measures have not been complied with according to the terms in the notice or order;
(f) shall order the halting of any operation that is started without first having obtained a permit as required by this part or order the cessation of operations not in compliance with this part in accordance with 82-4-251;
(g) shall conduct public hearings required under this part or rules adopted pursuant to this part;
(h) shall conduct investigations and inspections necessary to ensure compliance with this part; and
(i) may encourage and conduct investigations, research, experiments, and demonstrations and collect and disseminate information relating to strip mining and to underground mining and reclamation of lands and waters affected by strip mining and underground mining.
(3) The board shall conduct contested case hearings under this part.
History: En. Sec. 5, Ch. 325, L. 1973; amd. Sec. 18, Ch. 441, L. 1975; R.C.M. 1947, 50-1038; amd. Sec. 4, Ch. 550, L. 1979; amd. Sec. 369, Ch. 418, L. 1995; amd. Sec. 3, Ch. 273, L. 1997; amd. Sec. 8, Ch. 79, L. 2001; amd. Sec. 86, Ch. 324, L. 2021.
Structure Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Part 2. Coal and Uranium Mine Reclamation
82-4-202. Intent -- policy -- findings
82-4-205. Administration by department and board
82-4-206. Procedure for contested case hearings
82-4-207. Rulemaking -- in situ coal gasification
82-4-208. through 82-4-220 reserved
82-4-221. Mining permit required
82-4-222. Permit application -- application revisions
82-4-225. Application for increase or reduction in permit area
82-4-227. Refusal of permit -- applicant violator system
82-4-228. Designation of land unsuitable for coal mining
82-4-229. and 82-4-230 reserved
82-4-231. Submission of and action on reclamation plan
82-4-232. Area mining required -- bond -- alternative plan
82-4-233. Planting of vegetation following grading of disturbed area
82-4-234. Commencement of reclamation
82-4-235. Determination of successful revegetation -- final bond release
82-4-236. Vegetation as property of landowner
82-4-237. Operator to file annual reports
82-4-240. Reclamation of lands after bond forfeited
82-4-241. Receipts paid into general fund -- disposition of bond forfeiture money
82-4-242. Funds received by department
82-4-244. Coal and uranium mine permitting and reclamation program account
82-4-245. through 82-4-249 reserved
82-4-250. Operating permit revocation -- permit transfer
82-4-251. Noncompliance -- suspension of permits