Montana Code Annotated 2023



Part 1. Strip and Underground Mine Siting


82-4-112. Administration. (1) The department shall:

(a) adopt, after an opportunity for a hearing, general rules pertaining to new strip mines and to new underground mines and preparatory work to accomplish the purposes of this part, rules regarding filing of reports, issuance of permits, and other matters of procedure and administration;

(b) exercise general supervision, administration, and enforcement of this part and all rules and orders adopted under this part;

(c) issue orders requiring operators to adopt remedial measures necessary to comply with this part and rules adopted under this part;

(d) order the suspension of any permit for failure to comply with this part, any rule adopted under this part, or a permit issued pursuant to this part;

(e) issue an order revoking a permit when the requirements set forth by a notice of violation, order of suspension, or order requiring remedial measures have not been complied with according to the terms in the notice or order;

(f) order the halting of any operation that is started without first having obtained a permit as required by this part;

(g) conduct investigations and inspections necessary to ensure compliance with this part; and

(h) encourage and conduct investigations, research, experiments, and demonstrations and collect and disseminate information relating to new strip mines, new underground mines, and reclamation of lands and waters affected by preparatory work.

(2) The board shall conduct hearings under this part.

History: En. 50-1605 by Sec. 5, Ch. 280, L. 1974; amd. Sec. 5, Ch. 441, L. 1975; R.C.M. 1947, 50-1605; amd. Sec. 363, Ch. 418, L. 1995; amd. Sec. 6, Ch. 79, L. 2001; amd. Sec. 83, Ch. 324, L. 2021.