82-4-380. Periodic review required. (1) At least once every 5 years following department approval of a design document pursuant to 82-4-376 during mining, or as required in a reclamation plan approved pursuant to 82-4-336, the operator shall assemble a panel in accordance with the panel requirements in 82-4-377. A reasonable effort must be made to retain previous panel members.
(2) The panel shall:
(a) inspect the tailings storage facility;
(b) review the tailings operation, maintenance, and surveillance manual and records collected in association with the manual;
(c) interview people with responsibilities identified in the tailings operation, maintenance, and surveillance manual; and
(d) review annual engineer of record inspection reports, corrective action plans, records associated with construction, and any other aspect, plan, record, document, design, model, or report related to the tailings storage facility that the panel needs to review to ensure that the tailings storage facility is constructed, operated, and maintained as designed and is functioning, can be closed as intended, and meets acceptable engineering standards.
(3) The operator shall provide documents and records necessary for the panel to complete a periodic review.
(4) The panel shall prepare a report detailing the scope of review and include any recommendations resulting from the review.
(5) The panel shall immediately notify the department and the operator if there is an imminent threat to human health or the environment.
(6) The final review report must be signed by each panel member and provided to the department and the operator.
(7) The operator shall prepare a corrective action plan and schedule effectively implementing the recommendations included in the panel's report. The operator shall submit the corrective action plan and schedule to the panel within 60 days after receipt of the panel report.
(8) The panel shall review the corrective action plan and schedule to determine whether the corrective action plan and schedule proposed by the operator will effectively implement the recommendations included in the panel's report.
(9) Within 30 days after receipt of approval from the panel, the operator shall submit the corrective action plan with an implementation schedule to the department.
(10) Failure to implement the corrective action plan pursuant to the implementation schedule is subject to the provisions of 82-4-361 and 82-4-362.
History: En. Sec. 9, Ch. 399, L. 2015.
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