Table of Contents TITLE 82. MINERALS, OIL, AND GAS CHAPTER 4. RECLAMATION Part 3. Metal Mine Reclamation

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4 82-4-301 — Legislative intent and fi... 1 82-4-302 — Purpose 3 82-4-303 — Definitions 82-4-304 — Exemption – works perform... 82-4-305 — Exemption – small miners... 82-4-306 — Confidentiality of applic... 82-4-307 — Review of existing files 82-4-308 — Release by waiver 82-4-309 — Exemption – operations on... 82-4-310 — Exemption – scale and typ... 82-4-311 — Disposition of fees, fine... 82-4-312 — Hard-rock mining reclamat... 1 82-4-313 — Hard-rock mining reclamat... 82-4-314 — Authorization for sale of... 82-4-315 — Hard-rock mining reclamat... 82-4-321 — Administration 82-4-322 — Investigations, research,... 82-4-323 — Interagency cooperation –... 82-4-331 — Exploration license requi... 82-4-332 — Exploration license 82-4-334 — Exception – geological ph... 2 82-4-335 — Operating permit – limita... 3 82-4-336 — Reclamation plan and spec... 1 82-4-337 — Inspection – issuance of... 82-4-338 — Performance bond 82-4-339 — Annual report of activiti... 82-4-340 — Successor operator 82-4-341 — Compliance – reclamation... 82-4-342 — Amendment to operating pe... 82-4-349 — Limitations of actions –... 82-4-350 — Award of costs and attorn... 3 82-4-351 — Reasons for denial of per... 82-4-352 — Reapplication with new re... 82-4-353 — Administrative remedies –... 82-4-354 — Mandamus to compel enforc... 1 82-4-355 — Action for damages to wat... 82-4-356 — Action in response to com... 82-4-357 — Abatement of environmenta... 1 82-4-360 — When activity prohibited... 1 82-4-361 — Violation – penalties – w... 82-4-362 — Suspension of permits – h... 82-4-367 — Long-term or perpetual wa... 82-4-371 — Reclamation of abandoned... 82-4-372 — Filing of lien for abando... 1 82-4-375 — Engineer of record – duti... 1 82-4-376 — Tailings storage facility... 1 82-4-377 — Independent review panel... 82-4-378 — Quality assurance during... 1 82-4-379 — Tailings operation, maint... 82-4-380 — Periodic review required 82-4-381 — Annual inspections 82-4-390 — Cyanide heap and vat leac...

Mont. Code Ann. § 82-4-380

(2015)

Periodic review required

(1) At least once every 5 years following department approval of a design document pursuant to 82-4-376 during mining, or as required in a reclamation plan approved pursuant to 82-4-336, the operator shall assemble a panel in accordance with the panel requirements in 82-4-377. A reasonable effort must be made to retain previous panel members.

(2) The panel shall:

(a) inspect the tailings storage facility;

(b) review the tailings operation, maintenance, and surveillance manual and records collected in association with the manual;

(c) interview people with responsibilities identified in the tailings operation, maintenance, and surveillance manual; and

(d) review annual engineer of record inspection reports, corrective action plans, records associated with construction, and any other aspect, plan, record, document, design, model, or report related to the tailings storage facility that the panel needs to review to ensure that the tailings storage facility is constructed, operated, and maintained as designed and is functioning, can be closed as intended, and meets acceptable engineering standards.

(3) The operator shall provide documents and records necessary for the panel to complete a periodic review.

(4) The panel shall prepare a report detailing the scope of review and include any recommendations resulting from the review.

(5) The panel shall immediately notify the department and the operator if there is an imminent threat to human health or the environment.

(6) The final review report must be signed by each panel member and provided to the department and the operator.

(7) The operator shall prepare a corrective action plan and schedule effectively implementing the recommendations included in the panel's report. The operator shall submit the corrective action plan and schedule to the panel within 60 days after receipt of the panel report.

(8) The panel shall review the corrective action plan and schedule to determine whether the corrective action plan and schedule proposed by the operator will effectively implement the recommendations included in the panel's report.

(9) Within 30 days after receipt of approval from the panel, the operator shall submit the corrective action plan with an implementation schedule to the department.

(10) Failure to implement the corrective action plan pursuant to the implementation schedule is subject to the provisions of 82-4-361 and 82-4-362.

Comparison view: showing changes between 2015 and the current version (2025). Green underlined text was added. Red strikethrough text was removed.

(1) ~~At least once every 5 years following~~ Following department approval of a design document pursuant to 82-4-376 during mining, or as required in a reclamation plan approved pursuant to 82-4-336, the operator shall assemble a panel in accordance with the panel requirements in 82-4-377. A reasonable effort must be made to retain previous panel members. The operator shall assemble the panel at a frequency to be determined by the panel, except that the panel shall assemble:

(a) 6 months prior to the anticipated start of initial construction of the new tailing storage facility and not less than annually afterward until construction is completed or the placement of tailings in the facility is initiated; and

(b) at least once every 5 years after initial construction and until completion of the tailings deposition.

(10) Failure to implement the corrective action plan pursuant to the implementation schedule is subject to the provisions of 82-4-361 and 82-4-362.

(2) The panel shall:

(a) inspect the tailings storage ~~facility;~~ facility after the initiation of construction;

(b) review the tailings operation, maintenance, and surveillance manual and records collected in association with the manual;

(c) interview people with responsibilities identified in the tailings operation, maintenance, and surveillance manual; and

(3) The operator shall provide documents and records necessary for the panel to complete a periodic review.

(4) The panel shall prepare a report detailing the scope of review and include any recommendations resulting from the review.

(5) The panel shall immediately notify the department and the operator if there is an imminent threat to human health or the environment.

(6) The final review report must be signed by each panel member and provided to the department and the operator.

(9) Within 30 days after receipt of approval from the panel, the operator shall submit the corrective action plan with an implementation schedule to the department.

Periodic review required

Official Annotations archive.org, 2015 edition

History:

EnactedEn. SectionSec. 9, ChapterCh. 399, Laws ofL. 2015 (SB 409 - Vincent, Chas (R) SD 1)

Source text on leg.mt.gov