82-4-340. (Temporary) Successor operator. (1) When one operator succeeds to the interest of another in any uncompleted operation by sale, assignment, lease, or otherwise, the department may release the first operator from the duties imposed upon the operator by this part, provided that both operators comply with the requirements of this part and the successor operator assumes the duty of the former operator to complete the reclamation of the land, in which case the department shall transfer the permit to the successor operator upon approval of the successor operator's bond as required under this part.
(2) For an operation with a forfeited bond where the department holds a suspended permit pursuant to 82-4-341(8), the department may transfer the permit to a successor operator provided that the successor operator:
(a) complies with the requirements of this part; and
(b) assumes the duty of the former operator to complete reclamation and submits:
(i) any additional bond required under 82-4-338; and
(ii) a $2,000 fee. (Terminates June 30, 2026--sec. 6, Ch. 458, L. 2019.)
82-4-340. (Effective July 1, 2026) Successor operator. When one operator succeeds to the interest of another in any uncompleted operation by sale, assignment, lease, or otherwise, the department may release the first operator from the duties imposed upon the operator by this part as to such operation, provided that both operators have complied with the requirements of this part and the successor operator assumes the duty of the former operator to complete the reclamation of the land, in which case the department shall transfer the permit to the successor operator upon approval of the successor operator's bond as required under this part.
History: En. Sec. 10, Ch. 252, L. 1971; amd. Sec. 6, Ch. 281, L. 1974; amd. Sec. 1, Ch. 427, L. 1977; R.C.M. 1947, 50-1210(3); amd. Sec. 6, Ch. 453, L. 1985; amd. Sec. 395, Ch. 418, L. 1995; amd. Sec. 2, Ch. 458, L. 2019.
Structure Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Part 3. Metal Mine Reclamation
82-4-301. Legislative intent and findings
82-4-304. Exemption -- works performed prior to promulgation of rules
82-4-305. Exemption -- small miners -- written agreement
82-4-306. Confidentiality of application information
82-4-307. Review of existing files
82-4-309. Exemption -- operations on federal lands
82-4-310. Exemption -- scale and type of activity
82-4-311. Disposition of fees, fines, penalties, and other uncleared money
82-4-312. Hard-rock mining reclamation debt service fund
82-4-313. Hard-rock mining reclamation bonds
82-4-314. Authorization for sale of hard-rock mining reclamation bonds
82-4-315. Hard-rock mining reclamation special revenue account
82-4-316. through 82-4-320 reserved
82-4-322. Investigations, research, and experiments
82-4-323. Interagency cooperation -- receipt and expenditure of funds
82-4-324. through 82-4-330 reserved
82-4-331. Exploration license required -- employees included -- limitation
82-4-334. Exception -- geological phenomena
82-4-335. Operating permit -- limitation -- fees
82-4-336. Reclamation plan and specific reclamation requirements
82-4-337. Inspection -- issuance of operating permit -- modification, amendment, or revision
82-4-341. Compliance -- reclamation by department
82-4-342. Amendment to operating permits
82-4-343. Operating permit -- rock products -- fees
82-4-344. through 82-4-348 reserved
82-4-349. Limitations of actions -- venue
82-4-350. Award of costs and attorney fees
82-4-351. Reasons for denial of permit
82-4-352. Reapplication with new reclamation plan
82-4-353. Administrative remedies -- notice -- appeals -- parties
82-4-354. Mandamus to compel enforcement
82-4-355. Action for damages to water supply -- replacement
82-4-356. Action in response to complaints related to use of explosives
82-4-357. Abatement of environmental emergencies
82-4-358. and 82-4-359 reserved
82-4-360. When activity prohibited -- exception
82-4-361. Violation -- penalties -- waiver
82-4-362. Suspension of permits -- hearing
82-4-363. through 82-4-366 reserved
82-4-367. Long-term or perpetual water treatment permanent trust fund
82-4-368. through 82-4-370 reserved
82-4-371. Reclamation of abandoned mine sites
82-4-372. Filing of lien for abandoned mine reclamation project
82-4-373. and 82-4-374 reserved
82-4-375. Engineer of record -- duties
82-4-376. Tailings storage facility -- design document -- fee
82-4-377. Independent review panel -- selection -- duties
82-4-378. Quality assurance during construction
82-4-379. Tailings operation, maintenance, and surveillance manual
82-4-380. Periodic review required
82-4-382. through 82-4-389 reserved
82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited