17.24.835 REMINING: APPLICATION AND OPERATING REQUIREMENTS
(1) Remining must be conducted to maximize the
recoverability of the mineral resource, while using the best control technology
available to maintain or whenever possible, to improve environmental quality,
and to maximize the post-operational land use potential.
(2) Remining permit applications and operations
must comply with all applicable requirements and performance standards, as
determined by the department, of subchapters 3 through 12.
(3) Coal mine and coal processing waste must be
disposed of according to the following:
(a) the operator shall bury such waste in pits,
shafts, adits, or other excavations that are either available on or near the
site of the remining operation or that are constructed for the purpose of
burial. This disposal and burial must
be conducted in accordance with ARM 17.24.501, 17.24.505, 17.24.510, and
17.24.520, as approved by the department; or
(b) if disposal in accordance with (a) above is
not technologically possible or cannot be done in compliance with the rules
referenced in (a) above, such as with respect to protection of ground water
quality, and this is affirmatively demonstrated in the application, the
operator shall dispose of coal mine and coal processing waste in accordance
with the standards of excess spoil disposal (ARM 17.24.520) and in accordance
with the standards of ARM 17.24.501, 17.24.505, and 17.24.510.
History: 82-4-204, 82-4-205, MCA; IMP, 82-4-221, 82-4-222, 82-4-231, 82-4-232, MCA; NEW, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 2852.