(1) The provisions of the Act and this subchapter apply to any person who after May 31, 1990, reprocesses tailings or waste rock resulting from previous mining operations. No land disturbed by a reprocessing operation before June 1, 1990, is subject to the Act and this subchapter unless reprocessing or related activities are conducted on the area after May 31, 1990, in which case the department shall require reclamation to the extent practicable and feasible.

(2) A person who institutes a new reprocessing operation after May 31, 1990, who is not a small miner must obtain an operating permit before engaging reprocessing operations or disturbing land in anticipation of these operations.

(3) A person who wishes to continue a reprocessing operation that was conducted at any time during the 12 months immediately preceding the effective date of these rules must, in order to continue those operations no later than December 1, 1990, obtain an operating permit. Operations not conducted within the 12 months immediately preceding the effective date of this rule are considered new operations for the purposes of this rule.

History: 82-4-321, MCA; IMP, 82-4-304, 82-4-335, MCA; NEW, 1990 MAR p. 1008, Eff. 6/1/90; TRANS, from DSL, 1996 MAR p. 2852.