82-4-250. Operating permit revocation -- permit transfer. (1) An operating permit that is revoked in accordance with this part does not terminate until 5 years after revocation or until substantial completion of seeding and planting on disturbed areas, whichever occurs earlier.
(2) A person may apply for the transfer of a revoked permit that has not terminated by submitting an application to the department that contains the information required for a permit applicant in 82-4-222(1)(b) through (1)(i). Upon receipt of an application from a person who is not precluded from holding a permit pursuant to this part, the department shall cease reclamation activities on the permit area.
(3) The department may not require the applicant to submit any additional information unless the department can show that significant changes in the environmental baseline data have occurred during the period of operation or since the revocation of the initial operating permit.
(4) The department may not prepare a review under 75-1-201 for a transfer unless the department can show that the operation has caused or may cause significant impacts that have not been analyzed previously in an environmental review document prepared pursuant to 75-1-201.
(5) The department shall process an application for transfer under the same timeframes as are provided in 82-4-231 for processing of permit applications.
(6) Except as provided in subsection (7), the department shall, after receipt of an application pursuant to subsections (2) through (5) and after public notice and opportunity for comment:
(a) transfer the operating permit to a new operator if the new operator provides proof of site ownership or control and adequate bonding as required by this part; and
(b) require as a condition of permit transfer that, prior to creating additional disturbance at the site, all preexisting permit deficiencies, including modifications necessary because of reclamation that has been conducted at the site, be corrected to the satisfaction of the department and that any preestablished environmental monitoring requirements continue.
(7) The department may not transfer any permit for which it can show that:
(a) the requirements of this part and the rules adopted under this part for operation, backfilling, grading, subsidence stabilization, water control, highwall reduction, topsoiling, revegetation, and reclamation of the affected area cannot be met;
(b) significant changes in the operating plan or reclamation plan are necessary; or
(c) the department would be precluded from issuing a permit to the applicant by 82-4-227(11) or (12).
(8) The department is not required to reimburse the former permittee or surety for funds expended for reclamation, monitoring, or site maintenance prior to permit transfer.
(9) This section does not apply to the revocation or transfer of an operating permit that authorizes mine operations on federal lands.
History: En. Sec. 1, Ch. 522, L. 2001.
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