(1) Any application for permit or accompanying reclamation plan that for any reason proposes to use materials other than, or along with, soil and final surfacing of spoil or other disturbances must document problems of soil quantity or quality. The following requirements must be met before use of material other than soil will be allowed:

(a) The operator shall demonstrate and the department shall find that the resulting medium is at least as capable as the soil of supporting the approved vegetation and postmining land use (see ARM 17.24.304(1) (g) and (1) (k) ) .

(b) The medium must be the best available in the permit area to support revegetation.

(2) Soil substitutes must be handled consistent with ARM 17.24.701 and 17.24.702.

History: 82-4-204, 82-4-231, MCA; IMP, 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, 2004 MAR p. 2548, Eff. 10/22/04.