(1) ARM 17.24.165 through 17.24.170 apply to all mills under permit pursuant to Title 82, chapter 4, part 3, MCA, on June 1, 1990, to all mills constructed or beginning operation after June 1, 1990, and to the expansion of any mill facility or complex concluded after June 1, 1990. In addition, ARM 17.24.165 through 17.24.170 apply to mills that were constructed and operated prior to June 1, 1990, and that use cyanide ore processing reagent after May 23, 1996.

(2) For mills under permit on June 1, 1990 existing bond must be upgraded at the time of the next permit amendment, unless the department requires earlier upgrading or an operator chooses to update the mill permit information and bond prior to that time. Prior to updating information, the operator shall meet with the department to determine the appropriateness of the requirements in ARM 17.24.168 to the specific situation. Any requirement determined not applicable shall be documented in the permit with the reasons for the determination.

(3) Mills constructed as a part of a new mining operation must be permitted under the mine operating permit using the information required in ARM 17.24.167 through 17.24.170.

History: 82-4-321, MCA; IMP, 82-4-304, MCA; NEW, 1990 MAR p. 1008, Eff. 6/1/90; AMD, 1995 MAR p. 2498, Eff. 11/23/95; TRANS, from DSL, 1996 MAR p. 2852.