AUTH: 82-4-321, MCA

IMP: 82-4-331, 82-4-332, MCA

17.24.102 DEFINITIONS As used in the Act and this subchapter, the following definitions apply:

(1) remains the same.

(2) "Alternate land use" means, with regard to a mill facility, reclamation of a site to an alternative post-mining land use where the following conditions are met:

(a) The proposed post-milling land use is compatible with adjacent land use, and applicable landowner authorization.

(b) Retention of a structure is consistent with the proposed post-mining land use.  This shall be documented through inclusion of a schedule showing how the proposed use will be achieved within a reasonable time after milling and will be sustained.

(c) Plans for alternate land use must be integrated with the requirements of ARM 17.24.169 for the grading and revegetation of the surrounding area.

(d) Plans must document, if appropriate, that financing, attainment, and maintenance of the alternative land use is feasible.

(e) The proposed use will:

(i) not present actual or probable hazard to public health or safety;

(ii) comply with the air and water quality acts; and

(iii) minimize adverse effects on fish, wildlife, and related environmental values.

(2) remains the same but is renumbered (3).

(3) remains the same but is renumbered (5).

(4) remains the same.

(5) remains the same but is renumbered (6).

(7) "Contingency plan" means, with regard to spilled process solution, a plan which includes, but is not limited to, steps for containment, neutralization, and removal, and identification of any associated training needs.

(8) "Description of existing environment" means a description with appropriate maps of the condition of the proposed project area prior to exploration or operation. The description shall provide, but not be limited to, a discussion which characterizes each of the following:

(a) geology;

(b) soils;

(c) vegetation including, but not limited to, canopy cover, diversity, use, and productivity;

(d) wildlife;

(e) hydrology (surface and ground water characteristics, quantity, quality, and use), including maps which identify springs, seeps, and water wells within one mile of the permit boundary and three miles down gradient unless a lesser distance is justified and agreed to by the department;

(f) air quality and climate;

(g) aquatic biology;

(h) land use and ownership;

(i) recreation;

(j) cultural/historic resources identified as a result of inventory and of file searches conducted by the State Historic Preservation Office;

(k) noise;

(l) transportation; and

(m) aesthetics.

(6) and (7) remain the same but are renumbered (9) and (10).

(11) "Expansion of a mill facility" means disturbance of an area not previously disturbed by the milling operation, and, in the case of a waste dump, tailing impoundment, or similar facility, a change in the design capacity that will result in an increase in land disturbance at an existing mill facility.  When disturbance of an area not previously disturbed by the operation occurs at a dump, impoundment, or similar facility, the department may regulate the previously disturbed area to the extent necessary to achieve reclamation of the expansion area.

(8) remains the same but is renumbered (12).

(13) "Facility" means any building, impoundment, embankment, waste or tailings disposal site, or other human-made structure associated with a particular activity.  Mill facility means a mill and associated structures, disturbance, and development.

(14) "Incremental bond area" is an area within the permit boundary, or plan for exploration or small miner activity, that has been identified for phases or increments of disturbance and the bond has been determined according to ARM 17.24.140.

(15) "Mill" means any facility for ore, tailings, or waste rock processing and disposal.  This term does not include smelting, or refining facilities, sample collection processes, and pilot testing performed pursuant to an exploration license.

(9)(16) "Permit area" is the disturbed land as defined in 82-4-303, MCA, area contained within a permit boundary, which includes any and a minimal area delineated around a disturbance area for the purposes of providing a buffer adjacent to all disturbances, and for the purposes of controlling public access to areas permitted under 82-4-335, MCA.  Monitoring wells are not required to be within a contiguous permit boundary, but must be permitted.  Other activities are to be included within the permit boundary as follows:

(a) through (c) remain the same.

(d) If applicable, the applicant may propose incremental bond areas to reflect the anticipated progress of disturbance during mining or milling activities.

(10) remains the same but is renumbered (17).

(18) "Plan" means the information submitted to the department pertaining to a proposed or ongoing mining or milling related activity which utilizes narratives, engineering designs, maps, cross-sections, or other documentation which adequately describes the activity.

(11) and (12) remain the same but are renumbered (19) and (20).

(13)(21) "Reclamation" means the return of lands disturbed by mining, milling, or mining-related activities to an approved post-mining land use which has stability and utility comparable to that of the pre-mining landscape except for rock faces and open pits which may not be feasible to reclaim to this standard.  Those rock faces and open pits must be reclaimed in accordance with 82-4-336, MCA.  The term "reclamation" does not mean restoring the landscape to its pre-mining condition.  Reclamation, where appropriate, may include, but is not limited to:

(a) through (g) remain the same.

(14) through (16) remain the same but are renumbered (22) through (24).

 

AUTH: 82-4-321, MCA

IMP: 82-4-303, 82-4-305, 82-4-309, 82-4-310, 82-4-331, 82-4-332, 82-4-335, 82-4-336, 82-4-341, MCA

 

REASON: Definitions were consolidated from ARM 17.24.165 into ARM 17.24.102. The definitions moved from ARM 17.24.165 to 17.24.102 include: "Alternate land use," "Contingency plan," "Description of existing environment," "Expansion of a mill facility," "Facility," "Mill," and "Plan." The definition of "Faciliy" was modified to be gender neutral. The definition of "Reclamation" was modified to include some of the parameters from the definition of "Reclamation" in ARM 17.24.165. The definition of "Permit area" was modified to better align with how the term has been used by the department to administer the requirements of the MMRA. The definition also incorporates a reference to "Incremental bond areas." A definition for "Incremental bond areas" was added to improve communication with stakeholders. The use of "Incremental bond areas" is not new as its use is contemplated in ARM 17.24.140. By defining "Incremental bond areas," a clear delineation will exist between what areas have been analyzed for disturbance and what areas are authorized for disturbance as a result of the acceptance of bond.

 

            17.24.107 RECLAMATION REQUIREMENTS—EXPLORATION (1) through (4) remain the same.

(5)  When such actions will not obscure significant evidence relating to the possible presence of an ore deposit or physically hinder further development of the claim, all All trenches, bulk sample or discovery pits, and other excavations must be backfilled with the excavated spoil material unless the backfilling will physically hinder the further development of the claim or obscure evidence of an ore deposit. If, following a site investigation and discussions with the licensee, the department confirms the necessity for the excavation to remain open, backfilling requirements may be postponed providing if the licensee remains in compliance with 82-4-331, and 82-4-332, MCA, and ARM 17.24.103, 17.24.105, and 17.24.153.

(6) through (13) remain the same.

 

AUTH: 82-4-321, MCA

IMP: 82-4-332, MCA

 

REASON: There is no intent to change the circumstances of when backfilling is required. The amendment to this rule is to clarify the language. The rule already requires the licensee to receive department concurrence to leave an excavation open.

 

17.24.116 OPERATING PERMIT: APPLICATION REQUIREMENTS (1) and (2) remain the same.

(3) In addition to the information required by 82-4-335(4), MCA, an application for an operating permit must describe the following:

(a) through (k) remain the same.

(l) the ground and surface water monitoring programs to be implemented including a schedule for reporting results to the department; and a contingency plan addressing accidental discharges to ground or surface water;

(m) a contingency plan addressing accidental discharges to ground or surface water;

(m) through (u) remain the same but are renumbered (n) through (v).

(4) The application must include a map or maps to scale of:

(a) the proposed mine permit area and area to be disturbed, including anticipated phases or increments of disturbance, if applicable;

(b) the location of the proposed mine and facilities;

(c) the location and identity of streams within one mile of the permit boundary and three miles down gradient unless a lesser distance is justified and agreed to by the department;

(d) existing and proposed roads;

(e) other constructed features like railroad, oil and gas wells, pipelines and other utility lines in the immediate area;

(f) residences and water wells within one mile of the permit area; and

(g) a uniform base, a scale, and a north directional arrow.

(such map must locate the proposed mine and facilities and must locate and identify streams, and proposed roads, railroads, and utility lines in the immediate area; and residences and wells within one mile of the permit area).  All maps provided in the application must have a uniform base, a scale, and a north directional arrow.

            (5) remains the same.

 

AUTH: 82-4-321, MCA

IMP: 82-4-335, 82-4-336, MCA

 

REASON: Amendment of ARM 17.24.116 is necessary to clarify the required information an applicant must include in an operating permit application. The addition of a requirement to include a schedule for reporting water quality monitoring results is necessary to ensure DEQ is provided the necessary information for ensuring a mining operation maintains compliance with applicable water quality standards. Additionally, it is necessary to amend ARM 17.24.116 to ensure applicants incorporate increments of disturbance, if applicable, into the maps submitted as part of an applicant's operating permit application to clarify how DEQ should determine the performance reclamation bond required by 82-4-338, MCA. Finally, criteria were added to delineate the streams that should be included on the map of the proposed permit area to clarify the application requirements.

 

17.24.118 ANNUAL REPORT (1) Each permittee shall file an annual report with the department and pay an annual fee of $100 within a time period specified in 82-4-339, MCA, until such time as full bond is released.  No less than 30 days prior to the permit anniversary date for the annual report, the department shall notify the permittee in writing that an annual report and renewal fee is due.

(2) The annual report must include the information outlined under 82-4-339, MCA.  In addition, the annual report must include:

(a) the number of acres of land affected by the operation during the preceding year and cumulatively, as well as the disturbance status of incremental bond areas, if applicable;

(b) through (7) remain the same.

(8) If comprehensive water monitoring is required by the permit, field measurements and analytical results shall be submitted in electronic format according to the schedule in the approved monitoring plan. Each each annual report must include:

(a) an evaluation of water monitoring data and trends, which may include a summary of reports or data submitted during the preceding year.;

(b) field measurements, analytical results, and data validation from the preceding year, if not previously provided through the department's designated electronic system; and

(c)  The evaluation must include time series trend analyses for those key site-specific parameters required by the department in the permit, if not previously provided through the department's designated electronic system.

(9) through (12) remain the same.

(13) The department shall, by certified mail, notify a permittee, who fails to  file an annual report and fee as required by this rule, that the permit will be suspended if the report and fee are not filed within 30 days of receipt of the notice.  The department shall notify a permittee of a deficiency in reporting or failure to pay the full annual fee as required by this rule pursuant to ARM 17.24.132 and 82-4-362(3), MCA. A deficiency in reporting, as related to annual reports, includes a failure to file:

(a) an annual report;

(b) a complete annual report; or

           (c) an accurate annual report.

(14) If a permittee fails to file an annual report and fee within 30 days of receipt of a notice, the department shall suspend the permit.

 

AUTH: 82-4-321, MCA

IMP: 82-4-335, 82-4-336, 82-4-337, 82-4-338, 82-4-339, 82-4-362, MCA

 

REASON: The department will continue to send reminders to operators regarding their annual report. The requirement deadline for submitting the annual report and fee is clearly defined in both rule and statute. DEQ has found reminding operators does not change whether the reports are received timely – the administrative deficiency process provides an additional avenue for communicating with operators if the annual report is not filed timely or if the annual fee is not paid timely. The administrative deficiency also provides a mechanism for DEQ to get annual reports that are complete and accurate. Section 82-4-362(3), MCA, provides the requirement for DEQ to send a notice to an operator and, if applicable, suspend an operating permit if the annual report is not filed or the annual fee is not paid.

 

17.24.128 INSPECTIONS:  FREQUENCY, METHOD, AND REPORTING 

(1) The department shall conduct an inspection:

(a) remains the same.

(b) at least three times per year for each active operation that:

(i) and (ii) remain the same.

(iii) exceeds 1000 acres in permit area unless the permit is primarily for mining rock products as defined in 82-4-303, MCA.

(2) and (3) remain the same.

 

AUTH: 82-4-321, MCA

IMP: 82-4-337, 82-4-339, MCA

 

REASON: Some rock product operators have large permit areas that exceed 1000 acres and are permitted to have minimal mining disturbances. Rock products are typically quarried or collected from or just below the ground surface. The proposed modification aligns the minimum inspection frequency with the expected impact of the operation.

 

17.24.132 ENFORCEMENT: PROCESSING OF ADMINISTRATIVE DEFICIENCY NOTICES, WARNINGS, VIOLATIONS, AND PENALTIES (1)  The department shall issue an administrative deficiency notice for a deficiency in reporting, record keeping, fee payment, or notification that the department determines is minor in nature, is not substantive, and is unlikely to reoccur.  The recipient of an administrative deficiency notice must reply with a written response within 30 days of receipt of an administrative deficiency notice.

(1)(2) Except as provided in (4)(5), the department shall send a letter of warning or violation letter for a violation of the Act, this subchapter, or the permit, license, or exclusion; or for failing to address a deficiency identified in an administrative deficiency notice within 30 days of receipt of the administrative deficiency notice. The letter of warning or violation letter must be served and must state that the alleged violator may, by filing a written response within a time specified in the notice, provide facts to be considered in further assessing whether a violation occurred and in assessing the penalty under (2)(3).

(2)(3)  The department may issue a notice of violation and administrative order for a violation identified in a letter of warning or violation letter. The administrative order may assess a penalty, require corrective action, or both.

(3) and (4) remain the same, but are renumbered (4) and (5).

 

AUTH: 82-4-321, MCA

IMP: 82-4-337, 82-4-339, 82-4-361, MCA

 

REASON: ARM 17.24.132 was updated to implement administrative deficiency notices and letters of warning in 82-4-361, MCA, that became effective October 1, 2023 as a result of HB 347.  HB 347 allows the department to issue letters of warning, violations, and administrative deficiencies for hard rock mining operations.

 

17.24.141 BONDING:  ADJUSTMENT OF AMOUNT OF BOND (1) through (4) remain the same.

(5) For bond reduction requests by the operator for release of undisturbed land, the department shall conduct an inspection of the proposed area before responding to the request.  For the bond reduction request, the operator shall:

(a) submit a map of the area in question,;

(b) revise the appropriate active operation maps; and

(c) document that the area has not been disturbed as a result of previous operating activities.  The department shall then conduct an inspection of the proposed area before responding to the request.

(6) For bond reduction requests by the operator for full or incremental reclamation of previously disturbed lands, the department shall conduct an inspection of the proposed area before responding to the request.  For the bond reduction request, the operator shall:

(a) submit a map or maps showing the location of reclamation and a determination of the area, in acres, that was reclaimed;

(b) revise the appropriate active operation maps; and

(c) submit a description of the reclamation that provides sufficient details to demonstrate compliance with the reclamation plan approved by the department.

(6) and (7) remain the same but are renumbered (7) and (8).

 

AUTH: 82-4-321, MCA

IMP: 82-4-338, 82-4-341, 82-4-342, MCA

 

REASON: The rule requires amending to clarify DEQ will inspect the area the operator proposes for bond release prior to responding to the operator. Additional clarification is needed so that operators know what type of information to submit for DEQ to process a bond release request for undisturbed lands compared to previously disturbed lands.

 

17.24.144 BONDING:  SURETY BONDS (1) In addition to the requirements of 82-4-338, MCA, surety bonds are subject to the following requirements:

(a) The department may not accept a surety bond in excess of 10% of the surety company's capital surplus account paid-in surplus or additional paid-in capital as shown on a balance sheet certified by a certified public accountant.

(b) and (c) remain the same.

(d)  The surety bond must be submitted on a surety form provided by the department. The surety form may not be modified by the surety beyond populating the necessary surety bond form fields.

(d) through (g) remain the same but are renumbered (e) through (h).

 

AUTH: 82-4-321, MCA

IMP: 82-4-338, 82-4-341, 82-4-360, MCA

 

REASON: The rule requires amending to modernize the terminology related to surety company balance sheets. Additionally, the rule requires additional clarification so surety companies are clear the form should not be modified.

 

17.24.145 BONDING:  CERTIFICATES OF DEPOSIT (1) The department may accept as bond an assignment of a certificate of deposit in a denomination not in excess of $100,000, or the maximum insurable amount as determined by the FDIC or the NCUA and FSLIC, whichever is less. The department may not accept a combination of certificates of deposit for one operator on one institution in excess of that limit.

(2) The department may accept only automatically renewable certificates of deposit from a United States bank or credit union.

(3) and (4) remain the same.

(5) The certificate of deposit assignment must be submitted on a certificate of deposit assignment form provided by the department. The certificate of deposit assignment form may not be modified by the bank or credit union beyond populating the necessary certificate of deposit bond form fields.

 

AUTH: 82-4-321, MCA

IMP: 82-4-338, MCA

 

REASON: The rule requires modernization to specify that the maximum certificate of deposit accepted by the department is based on the federal insurance levels (currently $250,000). Additionally, the language is updated to reflect the appropriate federal agency responsible for insuring the account. The Federal Savings and Loan Insurance Corporation (FSLIC) is a defunct U.S. government institution that no longer exists.  The NCUA was added to address certificate of deposits from credit unions as it is the responsible federal agency for insuring deposits at credit unions.  Additionally, clarification is added to specify banks or credit unions may not alter the bond forms provided by the department.

 

17.24.146 BONDING: LETTERS OF CREDIT (1) The department may accept as a bond a letter of credit subject to the following conditions:

(a) The letter must be issued by a bank or credit union organized or authorized to do business in the United States.

(b) and (c) remain the same.

(d) The letter of credit must provide that, upon expiration, if the department has not notified the bank or credit union in writing that substitute bond has been provided or is not required, the bank or credit union will immediately pay the department the full amount of the letter less any previous drafts.

(e) The letter must not be for an amount in excess of 10% of the bank's or credit union's capital surplus account paid-in surplus or paid-in capital as shown on a balance sheet certified by a certified public accountant.

(f) The department may not accept a letter of credit from a bank nor a credit union for any person, on all permits, licenses, or exemptions held by that person, in excess of three times the company's maximum single obligation as provided in (e) above.

(g) The letter of credit must be submitted on a letter of credit form provided by the department. The letter of credit form may not be modified by the bank or the credit union beyond populating the necessary letter of credit bond form fields.

(2) If the department determines that the bank or credit union has become unable to fulfill its obligations under the letter of credit, the department shall, in writing, notify the operator and specify a reasonable period, not to exceed 90 days, to replace bond coverage. If an adequate bond is not posted by the end of the period allowed, the operator shall cease mineral extraction and shall comply with the provisions of 82-4-341, MCA, and shall immediately begin to conduct reclamation operations in accordance with the Act, this subchapter and reclamation plan. Mining operations must not resume until the department has determined that an acceptable bond has been posted.

 

AUTH: 82-4-321, MCA

IMP: 82-4-338, 82-4-341, 82-4-360, MCA

 

REASON: The rule requires an amendment to modernize the terminology related to bank or credit union balance sheets and is updated to allow a letter of credit from a credit union. Additionally, the rule requires additional clarification so banks or credit unions are clear the form should not be modified.

 

17.24.150 ABANDONMENT OR COMPLETION OF OPERATION (1) For the purposes of administering the Act, the following conditions are considered evidence the department will presume that an a mining or milling operation is abandoned or completed, (and thus subject to the reclamation time schedule outlined in 82-4-336, MCA) as soon as:

(a) ore ceases to be extracted for future use or processing.;

(b) milling or processing of ore ceases;

(c) reprocessing of tailings or waste rock ceases;

(d) the operating permit is suspended;

(e) the operator has failed to maintain the legal right to access and conduct mining or milling activities in the permit area; or

(f) the department's documentation through a site inspection, review of an operator's annual report, or information provided by an operator that the site is inactive.

Should the operator wish to rebut said assumption, the operator must provide evidence satisfactory to the department that the operations have not in fact been abandoned or completed.

(2)  Documentation of any of the following situations will be adequate evidence of intent not to abandon operations If the operating permit is not suspended, the department will use the following conditions to determine an operation is not abandoned or complete:

(a) ore is removed or sold from existing on-site material stockpiles;

(b) the operator is actively removing or regrading overburden;

(c) the operator can demonstrate ongoing on-site activities related to mining, milling, or reclamation in compliance with the operating permit;

(a) through (f) remain the same but are renumbered (d) through (i).

(3) At the discretion of the department, the following evidence and any other relevant evidence may be satisfactory to show intent to resume operations:

(a) exhibition of drill core and accompanying assay reports to show that ore minerals still remain in the mine and that they are present in veins or accumulations of sufficient size, grade and accessibility to warrant continued development. Geological, geochemical or geophysical indications of valuable mineralization sufficient to warrant further development or mining will also be considered by the department;

(b) continued employment of a maintenance crew to dewater the mine or replace timbers,etc.;

(c) data recording present and predicted commodity prices, labor and transportation costs, etc., or any other evidence which may show that mining may soon resume on a profitable basis. Board comment: It is recognized that "abandonment or completion of mining" under the operating permit (see 82-4-336 , MCA) is an action commonly predicated upon complex and changing economic circumstances; that cessation of mining need not mean abandonment or completion; and that short of obtaining an operator's records and examining the mine development drill core, the department may be unable to determine the operator's true intent.

(3) In order to comply with reclamation plan requirements, the department may extend the reclamation timeframe, as provided in 82-4-336, MCA.  An operator may request authorization from the department to modify the reclamation timeframe through an amendment or revision.  In addition to the information required by ARM 17.24.119 or 17.24.120, the request must also include:

(a) detailed information for why the extension is necessary to comply with reclamation plan requirements;

(b) a map and description to identify the inactive locations;

(c) plans and timeline to resume operations or complete final reclamation;

(d) contact information for site personnel, if different from the contact provided in the previous year's annual report; and

(e) for operations with water management or treatment requirements, a description of any monitoring and reporting, pumping, conveyance, treatment, or disposal activities that will be maintained during the period of inactivity to achieve water quality requirements. 

 

AUTH: 82-4-321, MCA

IMP: 82-4-336, MCA

 

REASON: ARM 17.24.150 (mine sites) and ARM 17.24.170 (mill sites) have been combined and the language updated to better reflect complete and abandoned operations. Additionally, the procedure for extending reclamation timeframes has been further clarified pursuant to 82-4-341, MCA. The intent of amending the rule is to remove any economic considerations (other than requiring full bond) and communicate a clear expectation to operators regarding the definition of complete or abandoned under the Metal Mine Reclamation Act, 82-4-301, MCA et seq. 

 

17.24.159 BLASTING OPERATIONS:  ORDERS OF THE DEPARTMENT 

(1) remains the same.

(2) The department may require as many of the following requirements as are reasonably necessary for this purpose:

(a) through (e) remain the same.

(f)(i)  The operator shall comply with the following to control airblast:

(i) Airblast must be controlled so that it does not exceed the values specified below at any dwelling, public building, school, church, or commercial, public, or institutional structure, unless the structure is owned by the operator and is not leased to any other person.  If a building owned by the operator is leased to another person, the lessee may sign a waiver relieving the operator from meeting the airblast limitations of this section.

__________________________________________________________________ 

Lower Frequency limit of                                                   Maximum level in

measuring system, Hertz (Hz) (+3dB)                               decibels (dB)

 

0.1 Hz or lower - flat response .........................................134 peak.

2 Hz or lower - flat response ............................................133 peak.

6 Hz or lower - flat response ............................................129 peak.

C-weighted, slow response .............................................105 peak dBC.

 

If necessary to prevent damage based upon the consultant's report, the department shall specify lower maximum allowable airblast levels than those above.

_________________________________________________________________

(ii) In all cases, except the C-weighted, slow-response system, the measuring systems used must have a flat frequency response of at least 200 Hz at the upper end. The C-weighted system must be measured with a Type 1 sound level meter that meets the standard American National Standards Institute (ANSI) S 1.4-1971 1.4-1983 specifications. These specifications are hereby incorporated by reference.  Copies of this publication are on file with the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

(f)(iii) through (o)(i) remain the same.

 

AUTH: 82-4-321, MCA

IMP: 82-4-356, MCA

 

REASON: ARM 17.24.159 requires amending to incorporate a later edition of the American National Standards Institute (ANSI) reference—1971 to 1983.

 

17.24.166 MILLS: APPLICABILITY OF RULES TO MILLS (1)  ARM 17.24.165 through 17.24.170 apply to all mills under permit pursuant to Title 82, chapter 4, part 3, MCA, on June 1, 1990, to all mills constructed or beginning operation after June 1, 1990, and to the expansion of any mill facility or complex concluded after June 1, 1990. In addition, ARM 17.24.165 through 17.24.170 apply to mills that were constructed and operated prior to June 1, 1990, and that use cyanide ore processing reagent after May 23, 1996. ARM 17.24.102 and 17.24.167 through 17.24.169 apply to:

(a) all mills under permit pursuant to Title 82, chapter 4, part 3, MCA, on June 1, 1990;

(b) all mills constructed or beginning operation after June 1, 1990;

(c) the expansion of any mill facility or complex concluded after June 1, 1990; and

(d) all mills that were constructed and operated prior to June 1, 1990, and that use cyanide ore processing reagent after May 23, 1996.

(2) remains the same.

           (3) Mills constructed as a part of a new mining operation must be permitted under the mine operating permit using the information required in ARM 17.24.167 through 17.24.170 17.24.169.

 

AUTH: 82-4-321, MCA

IMP: 82-4-304, MCA

 

REASON: ARM 17.24.166 requires amending to clarify the rule and ensure it is understandable. The substance of this rule is not intended to change. The deletion of the text in (1) allows for the department to separate the criteria into multiple subsections to improve readability.

 

17.24.171 REPROCESSING OF WASTE ROCK AND TAILINGS (1) The provisions of the Act and this subchapter apply to any person, who is not a small miner, who after May 31, 1990, institutes a new operation to reprocesses tailings or waste rock resulting from previous mining operations.  An operating permit must be obtained before constructing facilities, removing tailings or waste rock, engaging in reprocessing operations, or disturbing land in anticipation of these activities.

(2) No land disturbed by a reprocessing operation before June 1, 1990, is subject to the Act and this subchapter unless reprocessing or related activities are conducted on the area after May 31, 1990, in which case the department shall require reclamation to the extent practicable and feasible.

(3) The reclamation of land disturbed after May 31, 1990, for the removal and reprocessing of waste rock and tailings from previous mining operations shall be conducted in the following manner:

(a) where waste rock and tailings have previously been reclaimed under the Act and this subchapter, reclamation following reprocessing shall be completed in compliance with the standards set forth in an operating permit;

(b) where waste rock and tailings have not previously been subject to the reclamation requirements of the Act and this subchapter, and are to be redisturbed under the proposed permit, the following reclamation requirements apply:

(i) reclamation of any reprocessed waste rock and tailings and associated facilities consistent with the standards of this definition;

(ii) salvage and replacement of available soil or suitable materials;

(iii) use of suitable materials at the surface of any reprocessed waste rock to the extent practicable;

(iv) grading of slopes to a stable angle, treating with appropriate soils amendments and vegetating with a perennial seed mix;

(v) amending and seeding the regraded site such that utility is improved over that which existed prior to reprocessing; and

(vi) preservation of water quality at least to the level that existed prior to reprocessing.

(2)  A person who institutes a new reprocessing operation after May 31, 1990, who is not a small miner must obtain an operating permit before engaging reprocessing operations or disturbing land in anticipation of these operations.

(3)  A person who wishes to continue a reprocessing operation that was conducted at any time during the 12 months immediately preceding the effective date of these rules must, in order to continue those operations no later than December 1, 1990, obtain an operating permit. Operations not conducted within the 12 months immediately preceding the effective date of this rule are considered new operations for the purposes of this rule.

 

AUTH: 82-4-321, MCA

IMP: 82-4-304, 82-4-335, MCA

 

REASON: The definition from ARM 17.24.165 for "Reclamation to the extent practicable and feasible" was incorporated into the rule.  The definition was clarified by inserting text to identify the listed criteria that apply to the required reclamation method. The required reclamation criteria remain unchanged and are based upon whether the site was previously reclaimed pursuant to the requirements of the Metal Mine Reclamation Act, 82-4-301, MCA et seq. Additionally, the rule was clarified for readability by rewording the criteria for determining the applicability of the rule.

 

AUTH: 82-4-321, MCA

IMP: 82-4-335, 82-4-336, 82-4-337, MCA

17.24.170 MILLS: CESSATION OR COMPLETION OF OPERATION

AUTH: 82-4-321, MCA

IMP: 82-4-341, MCA