Montana Code Annotated
Part 3. Metal Mine Reclamation
82-4-379. Tailings operation, maintenance, and surveillance manual

82-4-379. Tailings operation, maintenance, and surveillance manual. (1) A tailings operation, maintenance, and surveillance manual is required for a tailings storage facility.
(2) For a tailings storage facility that exists on or before October 1, 2015, the tailings operation, maintenance, and surveillance manual must be developed within 180 days of October 1, 2015. For a tailings storage facility proposed after October 1, 2015, the tailings operation, maintenance, and surveillance manual must be developed prior to issuance of the draft permit pursuant to 82-4-337.
(3) The operator or permit applicant shall develop the manual, which must contain:
(a) an identification of the roles and responsibilities of the agents of the operator of the tailings storage facility. The specific organizational role with ultimate responsibility for the tailings storage facility must be identified as the senior ranking agent of the operator at the site of the tailings storage facility.
(b) an identification of necessary maintenance and frequency of maintenance to safely operate the tailings storage facility;
(c) an identification of training needs and training plans for persons with responsibilities identified in the manual;
(d) an identification of operational aspects employed to facilitate, to the extent possible, a maintenance-free closure;
(e) an identification of all inspections and monitoring and the frequency of inspections and monitoring to ensure that the tailings storage facility is performing as intended;
(f) an identification of monitoring and data collection necessary to maintain and calibrate the tailings storage facility's water balance;
(g) a description of how issues identified by routine inspection or monitoring will be resolved and how the progress toward resolution is tracked;
(h) a listing of quantitative performance parameters for construction, operation, and closure. The quantitative performance parameters may be expressed as minimums or maximums for parameters such as embankment crest width, embankment slopes, beach width, operating pool volume, phreatic surface elevation in the embankment and foundation, pore pressures, or other parameters appropriate for the facility and location.
(i) an emergency preparedness and response plan based on the failure modes and effects analysis or other appropriate risk assessment;
(j) an identification of specific trigger levels or events when the department and the engineer of record are immediately notified. When possible, trigger levels must be sufficiently conservative to allow time for corrective actions to be implemented.
(k) any other information necessary to ensure that the tailings storage facility is operated and maintained, is performing, and can be closed as intended.
(4) The engineer of record shall certify by seal that:
(a) the tailings operation, maintenance, and surveillance manual is consistent with the facility's design;
(b) the inspections and monitoring described in the tailings operation, maintenance, and surveillance manual are reasonably sufficient to ensure the tailings storage facility will perform as intended and will reasonably be expected to detect deviations if they occur; and
(c) the emergency preparedness and response plan describes reasonable measures that can be taken to protect human health and the environment.
(5) The operator shall review the tailings operation, maintenance, and surveillance manual annually to ensure that the manual reflects current conditions. Any revision of the manual during operation or at closure must be certified by the seal of the engineer of record.
History: En. Sec. 8, 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