Montana Code Annotated
Part 3. Metal Mine Reclamation
82-4-341. Compliance -- reclamation by department

82-4-341. (Temporary) Compliance -- reclamation by department. (1) The department shall cause the permit area to be inspected at least annually to determine whether the permittee has complied with this part, the rules adopted under this part, or the permit.
(2) The permittee shall proceed with reclamation as scheduled in the approved reclamation plan or as required pursuant to subsection (9). Following written notice by the department noting deficiencies, the permittee shall commence action within 30 days to rectify these deficiencies and shall diligently proceed until the deficiencies are corrected. Deficiencies that also violate other laws that require earlier rectification must be corrected in accordance with the applicable time provisions of those laws. The department may extend performance periods referred to in 82-4-336 and in this section for delays clearly beyond the permittee's control, but only when the permittee is, in the opinion of the department, making every reasonable effort to comply.
(3) Within 30 days after notification by the permittee and when, in the judgment of the department, reclamation of a unit of disturbed land area is properly completed, the department shall provide the public notice and conduct any hearing requested pursuant to 82-4-338. As soon as practicable after notice and hearing, the permittee must be notified in writing and the bond on the area must be released or decreased proportionately to the acreage included within the bond coverage.
(4) The department shall cause the bond to be forfeited if:
(a) reclamation of disturbed land is not pursued in accordance with the reclamation plan and the permittee has not commenced action to rectify deficiencies within 30 days after notification by the department;
(b) reclamation is not properly completed in conformance with the reclamation plan within 2 years after completion or abandonment of operation on any fraction of the permit area or within a longer period that may have been authorized under this part; or
(c) after default by the permittee, the surety either refuses or fails to perform the work to the satisfaction of the department within the time required.
(5) The department shall notify the permittee and the surety by certified mail. If the bond is not paid within 30 days after receipt of the notice, the attorney general, upon request of the department, shall bring an action on behalf of the state in district court.
(6) The department may, with the staff, equipment, and material under its control or by contract with others, take any necessary actions for required reclamation of the disturbed lands according to the existing reclamation plan or a modified reclamation plan if the department makes a written finding that the modifications are necessary to prevent a violation of Title 75, chapter 2 or 5, or to prevent a substantial reclamation failure. Except in an environmental emergency, work provided for in this section must be let on the basis of competitive bidding. The department shall keep a record of all necessary expenses incurred in carrying out the work or activity authorized under this section, including a reasonable charge for the services performed by the state's personnel and the state's equipment and materials used. The surety is liable to the state to the extent of the bond. The permittee is liable for the remainder of the cost. Upon completion of the reclamation, the department shall return to the surety any amount not expended, including any unexpended interest accrued on bond proceeds, unless otherwise agreed to in writing by the surety.
(7) In addition to the other liabilities imposed by this part, failure to commence an action to remedy specific deficiencies in reclamation within 30 days after notification by the department or failure to satisfactorily complete reclamation work on any segment of the permit area within 2 years or within a longer period that the department may permit on the permittee's application or on the department's own motion, after completion or abandonment of operations on any segment of the permit area, constitutes sufficient grounds for cancellation of a permit or license and refusal to issue another permit or license to the applicant. A cancellation action may not be effected while an appeal is pending from any ruling requiring the cancellation of a permit or license.
(8) (a) Except as provided in subsection (8)(e), the department may hold a permit suspended pursuant to 82-4-338 for up to 5 years and place the proceeds from a cash bond forfeited under this section in an interest-bearing account if mining of the ore body identified in the permit or a permit amendment application is not complete.
(b) The department may spend bond proceeds from the account during the suspension period to:
(i) perform maintenance, monitoring, and other actions required by the permit;
(ii) abate imminent danger to public health, public safety, or the environment; or
(iii) abate conditions that violate the provisions of Title 75, chapters 2 and 5, or conditions that may cause violations of those provisions.
(c) The department may transfer a permit suspended under this section as provided by 82-4-340. The balance of funds in the account must be retained as a cash bond on behalf of the successor operator.
(d) The department may revoke a permit suspended under this section if a transfer is not completed within 5 years of the suspension. In the case of a revoked permit, reclamation may proceed pursuant to subsection (6).
(e) The department may extend a suspension up to 6 months if a potential successor operator is exercising reasonable diligence to complete the transfer. If litigation precludes the transfer, the suspension is stayed until the litigation is resolved.
(9) (a) If at the time of bond review pursuant to 82-4-338 no mineral extraction or ore processing has occurred on a mine permit area for the past 5 years, the department shall determine whether further suspension of the operation will create conditions that will cause violations of Title 75, chapter 2 or 5, or significantly impair reclamation of disturbed areas. If the department determines in writing that violations of Title 75, chapter 2 or 5, or significant impairment of reclamation will occur, the department shall notify the permittee that the permittee shall, within a reasonable time specified in the notice, abate the conditions or commence reclamation. The department may grant reasonable extensions of time for good cause shown. If the permittee does not abate the conditions or commence reclamation within the time specified in the notice and any extensions, the department shall order either that the condition be abated or that reclamation be commenced.
(b) The permittee may request a hearing on the order by submitting a written request for hearing within 30 days of receipt of the order. A request for hearing stays the order pending a final decision, unless the department determines in writing that the stay will create an imminent threat of significant environmental harm or will significantly impair reclamation. (Terminates June 30, 2026--sec. 6, Ch. 458, L. 2019.)
82-4-341. (Effective July 1, 2026) Compliance -- reclamation by department. (1) The department shall cause the permit area to be inspected at least annually to determine whether the permittee has complied with this part, the rules adopted under this part, or the permit.
(2) The permittee shall proceed with reclamation as scheduled in the approved reclamation plan or as required pursuant to subsection (8). Following written notice by the department noting deficiencies, the permittee shall commence action within 30 days to rectify these deficiencies and shall diligently proceed until the deficiencies are corrected. Deficiencies that also violate other laws that require earlier rectification must be corrected in accordance with the applicable time provisions of those laws. The department may extend performance periods referred to in 82-4-336 and in this section for delays clearly beyond the permittee's control, but only when the permittee is, in the opinion of the department, making every reasonable effort to comply.
(3) Within 30 days after notification by the permittee and when, in the judgment of the department, reclamation of a unit of disturbed land area is properly completed, the department shall provide the public notice and conduct any hearing requested pursuant to 82-4-338. As soon as practicable after notice and hearing, the permittee must be notified in writing and the bond on the area must be released or decreased proportionately to the acreage included within the bond coverage.
(4) The department shall cause the bond to be forfeited if:
(a) reclamation of disturbed land is not pursued in accordance with the reclamation plan and the permittee has not commenced action to rectify deficiencies within 30 days after notification by the department;
(b) reclamation is not properly completed in conformance with the reclamation plan within 2 years after completion or abandonment of operation on any fraction of the permit area or within a longer period that may have been authorized under this part; or
(c) after default by the permittee, the surety either refuses or fails to perform the work to the satisfaction of the department within the time required.
(5) The department shall notify the permittee and the surety by certified mail. If the bond is not paid within 30 days after receipt of the notice, the attorney general, upon request of the department, shall bring an action on behalf of the state in district court.
(6) The department may, with the staff, equipment, and material under its control or by contract with others, take any necessary actions for required reclamation of the disturbed lands according to the existing reclamation plan or a modified reclamation plan if the department makes a written finding that the modifications are necessary to prevent a violation of Title 75, chapter 2 or 5, or to prevent a substantial reclamation failure. Except in an environmental emergency, work provided for in this section must be let on the basis of competitive bidding. The department shall keep a record of all necessary expenses incurred in carrying out the work or activity authorized under this section, including a reasonable charge for the services performed by the state's personnel and the state's equipment and materials used. The surety is liable to the state to the extent of the bond. The permittee is liable for the remainder of the cost. Upon completion of the reclamation, the department shall return to the surety any amount not expended, including any unexpended interest accrued on bond proceeds, unless otherwise agreed to in writing by the surety.
(7) In addition to the other liabilities imposed by this part, failure to commence an action to remedy specific deficiencies in reclamation within 30 days after notification by the department or failure to satisfactorily complete reclamation work on any segment of the permit area within 2 years or within a longer period that the department may permit on the permittee's application or on the department's own motion, after completion or abandonment of operations on any segment of the permit area, constitutes sufficient grounds for cancellation of a permit or license and refusal to issue another permit or license to the applicant. A cancellation action may not be effected while an appeal is pending from any ruling requiring the cancellation of a permit or license.
(8) (a) If at the time of bond review pursuant to 82-4-338 no mineral extraction or ore processing has occurred on a mine permit area for the past 5 years, the department shall determine whether further suspension of the operation will create conditions that will cause violations of Title 75, chapter 2 or 5, or significantly impair reclamation of disturbed areas. If the department determines in writing that violations of Title 75, chapter 2 or 5, or significant impairment of reclamation will occur, the department shall notify the permittee that the permittee shall, within a reasonable time specified in the notice, abate the conditions or commence reclamation. The department may grant reasonable extensions of time for good cause shown. If the permittee does not abate the conditions or commence reclamation within the time specified in the notice and any extensions, the department shall order either that the condition be abated or that reclamation be commenced.
(b) The permittee may request a hearing on the order by submitting a written request for hearing within 30 days of receipt of the order. A request for hearing stays the order pending a final decision, unless the department determines in writing that the stay will create an imminent threat of significant environmental harm or will significantly impair reclamation.
History: En. Sec. 13, Ch. 252, L. 1971; amd. Sec. 8, Ch. 281, L. 1974; R.C.M. 1947, 50-1213; amd. Sec. 3, Ch. 204, L. 1995; amd. Sec. 396, Ch. 418, L. 1995; amd. Sec. 6, Ch. 507, L. 1999; amd. Sec. 8, Ch. 488, L. 2001; amd. Sec. 3, Ch. 458, L. 2019.

Structure Montana Code Annotated

Montana Code Annotated

Title 82. Minerals, Oil, and Gas

Chapter 4. Reclamation

Part 3. Metal Mine Reclamation

82-4-301. Legislative intent and findings

82-4-302. Purpose

82-4-303. Definitions

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

82-4-308. Release by waiver

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

82-4-321. Administration

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

82-4-332. Exploration license

82-4-333. Repealed

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

82-4-338. Performance bond

82-4-339. Annual report of activities by permittee -- fee -- notice of large-scale mineral developer status

82-4-340. Successor operator

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

82-4-381. Annual inspections

82-4-382. through 82-4-389 reserved

82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited