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Rule: 17.24.413 Prev     Up     Next    
Rule Title: CONDITIONS OF PERMIT
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Department: ENVIRONMENTAL QUALITY
Chapter: RECLAMATION
Subchapter: Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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17.24.413    CONDITIONS OF PERMIT

(1) The following conditions accompany the issuance of each permit:

(a) Except to the extent that the department otherwise directs in the permit that specific actions be taken, the permittee shall conduct all operations as described in the application as approved by the department.

(b) The permittee shall comply with any express conditions which the department places on the permit to ensure compliance with the Act or this rule promulgated pursuant thereto.

(c) The permittee shall pay all reclamation fees for coal produced under the permit.

(d) Within 30 days after a cessation order is issued under 30 CFR 843.11 or 82-4-251, MCA, for operations conducted under the permit, except where a stay of the cessation order has been granted and remains in effect, the permittee shall either submit to the department the following information, current to the date the cessation order was issued, or notify the department in writing that there has been no change since the immediately preceding submittal of such information:

(i) any new information needed to correct or update the information previously submitted to the department by the permittee under ARM 17.24.303(1)(a) through (h); or

(ii) if not previously submitted, the information required from a permit applicant by ARM 17.24.303(1)(a) through (h).

(e) Except as provided in ARM 17.24.1107, the permittee shall maintain in effect at all times a bond in the amount approved by the department and that, upon failure of the permittee to maintain such bond coverage because of expiration or cancellation of bond, the permit is suspended and the permittee shall cease mining operations until substitute bond is filed with and approved by the department.

(f) a permittee shall immediately notify the department whenever a creditor of the permittee has attached or obtained a judgment against the permittee's equipment or materials in the permit area or on the collateral pledged to the department.

 

History: 82-4-205, MCA; IMP, 82-4-227, 82-4-231, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1995 MAR p. 30, Eff. 1/13/95; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2024 MAR p. 255, Eff. 2/10/24.


 

 
MAR Notices Effective From Effective To History Notes
17-432B 2/10/2024 Current History: 82-4-205, MCA; IMP, 82-4-227, 82-4-231, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1995 MAR p. 30, Eff. 1/13/95; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2024 MAR p. 255, Eff. 2/10/24.
10/22/2004 2/10/2024 History: 82-4-204, MCA; IMP, 82-4-227, 82-4-231, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1995 MAR p. 30, Eff. 1/13/95; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04.
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