Montana Code Annotated 2021



Part 4. Opencut Mining Reclamation

Annual Report -- Fees

82-4-437. Annual report -- fees. (1) For each opencut operation, the operator shall file an annual report on a form furnished by the department. The report must contain the information and be submitted at times provided in rules of the department.

(2) (a) Except as provided in subsection (2)(b), each opencut operation shall submit with the annual report a fee of 4.5 cents per cubic yard of materials for all operations mined during the period covered by the report.

(b) Opencut operations that mine, extract, or produce bentonite are not subject to the fee in subsection (2)(a).

(3) The department:

(a) shall require the operator to pay the following fees:

(i) $1,500 for each permit application submitted pursuant to 82-4-432(1); and

(ii) for each amendment application submitted pursuant to 82-4-432(11):

(A) $750 if the date of the amendment application is 10 years or less from the date of the permit approval; or

(B) $1,500 if the date of the amendment application is more than 10 years from the date of the permit approval; and

(b) shall adopt rules for applications or responses that are administrative. Fees, if any, for administrative actions identified under this subsection (3) may not exceed $250.

(4) Pursuant to the provisions of 82-4-441, a person who mines materials without a permit in violation of this part shall submit a report and the fees required by subsections (2)(a) and (3)(a)(i) of this section.

History: En. Sec. 1, Ch. 385, L. 2007; amd. Sec. 9, Ch. 477, L. 2009; amd. Sec. 8, Ch. 198, L. 2013; amd. Sec. 12, Ch. 334, L. 2019; amd. Sec. 107, Ch. 324, L. 2021.