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... 82-4-343 — Operating permit – rock p... 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. § 82-4-379

(2023)

Tailings operation, maintenance, and surveillance manual

(1) A tailings operation, maintenance, and surveillance manual is required for a tailings storage facility.

(2) For a tailings storage facility that exists on or before October 1, 2015, the tailings operation, maintenance, and surveillance manual must be developed within 180 days of October 1, 2015. For a tailings storage facility proposed after October 1, 2015, the tailings operation, maintenance, and surveillance manual must be developed prior to issuance of the draft permit pursuant to 82-4-337.

(3) The operator or permit applicant shall develop the manual, which must contain:

(a) an identification of the roles and responsibilities of the agents of the operator of the tailings storage facility. The specific organizational role with ultimate responsibility for the tailings storage facility must be identified as the senior ranking agent of the operator at the site of the tailings storage facility.

(b) an identification of necessary maintenance and frequency of maintenance to safely operate the tailings storage facility;

(d) an identification of operational aspects employed to facilitate, to the extent possible, a maintenance-free closure;

(e) an identification of all inspections and monitoring and the frequency of inspections and monitoring to ensure that the tailings storage facility is performing as intended;

(f) an identification of monitoring and data collection necessary to maintain and calibrate the tailings storage facility's water balance;

(g) a description of how issues identified by routine inspection or monitoring will be resolved and how the progress toward resolution is tracked;

(h) a listing of quantitative performance parameters for construction, operation, and closure. The quantitative performance parameters may be expressed as minimums or maximums for parameters such as embankment crest width, embankment slopes, beach width, operating pool volume, phreatic surface elevation in the embankment and foundation, pore pressures, or other parameters appropriate for the facility and location.

(i) an emergency preparedness and response plan based on the failure modes and effects analysis or other appropriate risk assessment;

(j) an identification of specific trigger levels or events when the department and the engineer of record are immediately notified. When possible, trigger levels must be sufficiently conservative to allow time for corrective actions to be implemented.

(k) any other information necessary to ensure that the tailings storage facility is operated and maintained, is performing, and can be closed as intended.

(4) The engineer of record shall certify by seal that:

(a) the tailings operation, maintenance, and surveillance manual is consistent with the facility's design;

(b) the inspections and monitoring described in the tailings operation, maintenance, and surveillance manual are reasonably sufficient to ensure the tailings storage facility will perform as intended and will reasonably be expected to detect deviations if they occur; and

(c) the emergency preparedness and response plan describes reasonable measures that can be taken to protect human health and the environment.

(5) The operator shall review the tailings operation, maintenance, and surveillance manual annually to ensure that the manual reflects current conditions. Any revision of the manual during operation or at closure must be certified by the seal of the engineer of record.

Opinions construing this section

1 opinion

2024 MT 36 Feb 26, 2024 Reversed

Montana Trout Unlimited v. Tintina

Majority by Beth Baker · 5 to 2

he design document by an “independent review panel” (IRP) (§ 82-4-377, MCA); and a tailings operation, maintenance, and surveillance manual (TOMS manual) (§ 82-4-379, MCA). MEPA ¶17 During its review and decision-making, DEQ also must comply with MEPA. Title 75, chapter 1, MCA. MEPA entails various statutory procedures and co

2024 MT 36 Feb 26, 2024 Reversed

Montana Trout Unlimited v. Tintina

Dissenting by Ingrid Gustafson · 5 to 2

OMS manual. However, the TOMS manual was created to comply with the separate TOMS manual requirements of MMRA, not to satisfy the construction management plan. Section 82-4-379, MCA. The Court accepts the TOMS manual as meeting the requirements of the construction management plan; however, this allows for the submission of required materia

Official Annotations archive.org, 2023 edition

History:

EnactedEn. SectionSec. 8, ChapterCh. 399, Laws ofL. 2015 (SB 409 - Vincent, Chas (R) SD 1)

Source text on leg.mt.gov