Montana Code Annotated
Part 3. Metal Mine Reclamation
82-4-377. Independent review panel -- selection -- duties

82-4-377. Independent review panel -- selection -- duties. (1) An independent review panel shall review the design document required by 82-4-376.
(2) The operator or permit applicant shall select three independent review engineers to serve on the panel and shall submit those names to the department. The department may reject any proposed panelists. If the department rejects a proposed panelist, the operator or permit applicant shall continue to select independent review engineers as panelists until three panelists are approved by the department.
(3) An independent review engineer may not be an employee of:
(a) an operator or permit applicant; or
(b) the design consultant, the engineer of record, or the constructor.
(4) The operator or permit applicant shall contract with panel members, process invoices, and pay costs.
(5) A representative of the department and a representative of the operator or permit applicant may participate on the panel, but they are not members of the panel and their participation is nonbinding on the review.
(6) The engineer of record is not a member of the panel but shall participate in the panel review.
(7) The operator or permit applicant shall provide each panel member with a hard copy and an electronic copy of the design document and other information requested by the panel.
(8) The panel shall review the design document, underlying analysis, and assumptions for consistency with this part. The panel shall assess the practicable application of current technology in the proposed design.
(9) The panel shall submit its review and any recommended modifications to the operator or permit applicant and the department. The panel's determination is conclusive. The report must be signed by each panel member.
(10) The engineer of record shall modify the design document to address the recommendations of the panel and shall certify the completed design document. The operator or permit applicant shall submit the final design document to the department pursuant to 82-4-376.
(11) For an expansion of a tailings storage facility for which the original design document was approved by the department, the operator shall make a reasonable effort to retain the previous panel members. To replace a panel member, the process in subsection (2) must be followed.
History: En. Sec. 6, Ch. 399, L. 2015.

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