82-4-362. Suspension of permits -- hearing. (1) If any of the requirements of this part, of the rules adopted under this part, or of a license or permit has not been complied with, the department shall serve a notice of violation on the licensee or permittee or, if necessary, the director shall order the suspension of the license or permit. A license or permit may also be suspended for failure to comply with an order to pay a civil penalty if the order is not subject to administrative or judicial review. The director may order immediate suspension of a license or permit whenever the director finds that a violation of this part, of the rules adopted under this part, or of a license or permit is creating an imminent danger to the health or safety of persons outside the permit area. The notice or order must be handed to the licensee or permittee in person or served on the licensee or permittee by certified mail addressed to the permanent address shown on the application for a license or permit. The notice of violation or order of suspension must specify the provision of this part, the rules adopted under this part, or the license or permit violated and the facts alleged to constitute the violation and must, if the violation has not been abated, order abatement within a specified time period.
(2) If the licensee or permittee has not complied with the requirements set forth in the notice of violation or order of suspension within the time limits set in the notice or order, the license or permit may be revoked by order of the department and the performance bond forfeited to the department. The notice of violation or order of suspension must state when those measures may be undertaken and must give notice of the opportunity for a hearing before the board. A hearing may be requested by submitting a written request stating the reason for the request to the board within 30 days after receipt of the notice or order. If a hearing is requested within the 30-day period, the license or permit may not be revoked and the bond may not be forfeited until a final decision is made by the board.
(3) If a permittee fails to pay the fee or file the report required under 82-4-339, the department shall serve notice of this failure, by certified mail or personal delivery, on the permittee. If the permittee does not comply within 30 days of receipt of the notice, the director shall suspend the permit. The director shall reinstate the permit upon compliance.
History: En. 50-1225 by Sec. 12, Ch. 281, L. 1974; R.C.M. 1947, 50-1225; amd. Sec. 2, Ch. 284, L. 1985; amd. Sec. 6, Ch. 93, L. 1989; amd. Sec. 3, Ch. 283, L. 1991; amd. Sec. 7, Ch. 598, L. 1993; amd. Sec. 5, Ch. 204, L. 1995; amd. Sec. 401, Ch. 418, L. 1995; amd. Sec. 14, Ch. 79, L. 2001.
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