(1) All roads must be routinely maintained by means such as, but not limited to, wetting, scraping or surfacing, and replacement of paving materials, such that the required design standards of the roads are met throughout the life of the operation.

(2) Ditches, culverts, drains, trash racks, debris basins and other structures serving to drain roads and railroad loops must not be restricted or blocked in any manner that impedes drainage or adversely affects the intended purpose of the structure unless the department determines that:

(a) the operator cannot maintain structures indicated in (2) above due to wet field conditions;

(b) obstructions to these structures will not result in environmental damage or imminent harm to the health and safety of the public; and

(c) runoff and sediment are contained in accordance with the approved drainage control plan.

(3) Roads and railroad loops severely damaged by events such as floods, earthquakes, or equipment damage must be reconstructed or reclaimed as soon as practicable after the damage has occurred.

History: 82-4-204, MCA; IMP, 82-4-231, 82-4-232, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 811, Eff. 4/23/99.