(1) For the purposes of administering the Act, the following conditions are considered evidence that a mining or milling operation is abandoned or completed, and thus subject to the reclamation time schedule outlined in 82-4-336, MCA:

(a) ore ceases to be extracted for future use or processing;

(b) milling or processing of ore ceases;

(c) reprocessing of tailings or waste rock ceases;

(d) the operating permit is suspended;

(e) the operator has failed to maintain the legal right to access and conduct mining or milling activities in the permit area; or

(f) the department's documentation through a site inspection, review of an operator's annual report, or information provided by an operator that the site is inactive.

(2) If the operating permit is not suspended, the department will use the following conditions to determine an operation is not abandoned or complete:

(a) ore is removed or sold from existing on-site material stockpiles;

(b) the operator is actively removing or regrading overburden;

(c) the operator can demonstrate ongoing on-site activities related to mining, milling, or reclamation in compliance with the operating permit;

(d) the mine or mill work force is on strike while negotiating a new contract;

(e) the mine or mill is shut down because of some failure of the transportation network in moving ore or processed material;

(f) the mine or mill is shut down because of a natural catastrophe and plans to resume operations are being formulated;

(g) the mine or mill is seasonally shut down due to predictable annual variance in the mined product's market or because of inclement weather or seasonal inaccessibility;

(h) the mine or mill is shut down for maintenance or the construction of new facilities;

(i) the mine or mill is forced to temporarily shut down because of violation of other state or federal laws and efforts are being made to remedy the cause of the violation.

(3) In order to comply with reclamation plan requirements, the department may extend the reclamation timeframe, as provided in 82-4-336, MCA.  An operator may request authorization from the department to modify the reclamation timeframe through an amendment or revision.  In addition to the information required by ARM 17.24.119 or 17.24.120, the request must also include:

(a) detailed information for why the extension is necessary to comply with reclamation plan requirements;

(b) a map and description to identify the inactive locations;

(c) plans and timeline to resume operations or complete final reclamation;

(d) contact information for site personnel, if different from the contact provided in the previous year's annual report; and

(e) for operations with water management or treatment requirements, a description of any monitoring and reporting, pumping, conveyance, treatment, or disposal activities that will be maintained during the period of inactivity to achieve water quality requirements.