HOUSE BILL NO. 345

INTRODUCED BY B. RANEY, S. ANDERSON

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING THE LAWS RELATING TO NOXIOUS WEEDS IN ROAD CONSTRUCTION MATERIALS; REQUIRING THE DEPARTMENT OF TRANSPORTATION TO USE ONLY MATERIALS THAT ARE FREE OF NOXIOUS WEEDS IN THE CONSTRUCTION AND MAINTENANCE OF HIGHWAYS; REQUIRING THE OPERATOR OF CERTAIN OPENCUT-MINING OPERATIONS TO HAVE A NOXIOUS WEED MANAGEMENT PLAN IN PLACE BEFORE MINING CAN BEGIN; AMENDING SECTIONS 82-4-431 AND 82-4-432, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Construction materials to be free of noxious weeds -- cost reimbursement. (1) As used in this section, "noxious weed" means any weed listed on the state noxious weed list.

(2) The department shall use only materials that are free of noxious weeds in the construction and maintenance of a federal-aid or state highway. The materials must be obtained from a source operating in accordance with an approved noxious weed management plan approved by the district weed board in the county in which the materials will be used.

(3) The department shall adopt a statewide noxious weed management plan in accordance with the provisions of 7-22-2121(2) and 7-22-2151. The department shall incorporate the noxious weed management plan into county agreements for gravel yards, stock piles, or other soils or aggregates used in road construction and maintenance.

Section 2. Section 82-4-431, MCA, is amended to read:

"82-4-431. Contract for reclamation required. (1) An operator may not conduct opencut-mining operations that will result in the removal of 10,000 cubic yards or more of product or overburden or that will result in the disturbance of land that was previously reclaimed pursuant to this part:

(a) until the operator has entered into a contract with the department for the reclamation of the land affected; and

(b) if the operator provides gravel yards, stock piles, or other soils or aggregates for use in the construction and maintenance of a federal-aid highway or a state highway, until the operator has a noxious weed management plan approved by the district weed board in the county in which the opencut-mining operation is located.

(2) An operator conducting a number of operations, each of which results in the removal of less than 10,000 cubic yards of product or overburden but which result in the removal of 10,000 cubic yards or more of product or overburden in the aggregate, is subject to the provisions of this part, except as provided in this section.

(3) (a) Except as provided in or conditioned under subsections (3)(b) and (3)(c), an operator who holds a contract for reclamation may operate an opencut mine without first securing an additional contract or an amendment to the existing contract or bond if the mine meets the following criteria:

(i) the total amount of material and overburden removed does not exceed 1,000 cubic yards; and

(ii) the operator notifies the department prior to beginning operations and, within 30 days of notifying the department, submits a completed site information form, salvages and stockpiles all root-bearing soil materials, regrades the affected area to 3:1 or flatter slope and blends the reclaimed area into the adjacent topography, and during the first appropriate growing season, replaces all topsoil and reseeds or revegetates as required by the department.

(b) The department may refuse to allow the operator to operate an opencut mine under subsection (3)(a) if, at the time of notification by the operator to the department, the operator has a pattern of violations or is in current violation of this part or rules adopted under this part or provisions of a contract for reclamation.

(c) The department may require an additional bond as a condition for the operation of an opencut mine under subsection (3)(a).

(4) Opencut mines described in subsection (3) may not be placed:

(a) in flowing, ephemeral, or intermittent streams;

(b) in the bottom or head of a confined drainage;

(c) in an area where the operation will intercept ground water or intercept any slope that is naturally steeper than 3:1; or

(d) in any area where mining would be restricted by other laws.

(5) Sand and gravel opencut mines must meet applicable local zoning regulations adopted under Title 76, chapter 2."

Section 3. Section 82-4-432, MCA, is amended to read:

"82-4-432. Application for contract -- contents -- issuance -- amendment. (1) Applications for a contract must be made upon a form furnished by the department. The form must contain the following:

(a) the name of the operator and, if other than the owner of the land, the name and address of the owner;

(b) the type of operation to be conducted;

(c) the volume of earth to be removed, as accurately as the volume may then be estimated, and the volume that has been previously removed, if any;

(d) the location of the operation by legal subdivision, section, township and range, and county;

(e) the date when the operation was or will be commenced; and

(f) a statement that the applicant has the right and power by legal estate owned to mine by opencut mining the lands so described.

(2) The application must be accompanied by:

(a) a bond or security meeting the requirements as set out in this part;

(b) a fee of $50;

(c) a statement from the local governing body having jurisdiction over the area to be mined certifying that a proposed sand and gravel opencut mine and its operating and reclamation plans comply with applicable local zoning regulations adopted under Title 76, chapter 2;

(d) the operator's plan of operation and the method and manner of reclamation that will be used or followed; and

(e) if the operator provides gravel yards, stock piles, or other soils or aggregates used in road construction and maintenance, the operator's approved noxious weed management plan .

(3) If, prior to applying for a contract, the operator notifies the department of the intention to submit a plan and requests the department to examine the area to be mined, the department shall examine the area and make recommendations to the operator regarding reclamation.

(4) Upon receipt of the application, bond or security, and fee due from the operator and upon agreement to the terms of the contract by the parties, the department may issue a contract to the applicant that entitles the applicant to continue in or engage in opencut mining on the land described in the application.

(5) An operator desiring to have a contract amended to cover additional contiguous or nearby land may file an amended application with the department. Upon receipt of the amended application and any additional bond as may be required and upon agreement to the terms of the amendment by the parties, the department may issue an amendment to the original contract covering the additional land described in the amended application without the payment of any additional fee.

(6) An operator may withdraw any land covered by contract, except affected land, by notifying the department , in which case the penalty of the bond or security filed by the operator pursuant to the provisions of this part must be reduced proportionately."

NEW SECTION. Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 60, chapter 2, part 2, and the provisions of Title 60, chapter 2, part 2, apply to [section 1].

NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 2001.

- END -