82-4-243. Subsidence. (1) The permittee of an underground coal mining operation shall:
(a) promptly repair or compensate for material damage to any occupied residential dwelling and related structures and to any noncommercial building resulting from subsidence caused by an underground coal mining operation. Repair of damage includes rehabilitation, restoration, or replacement. Compensation must be provided to the owner of the damaged property and must be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid insurance policy.
(b) promptly replace any drinking, domestic, or residential water supply from a well or spring that was in existence prior to the application for the permit pursuant to 82-4-222 and that has been affected by contamination, diminution, or interruption resulting from the underground coal mining operation.
(2) This section may not be construed to prohibit or interrupt an underground coal mining operation.
(3) This section does not abrogate, impair, or diminish any right or remedy granted under another provision of this part or any other law.
History: En. Sec. 1, Ch. 196, L. 1997.
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