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.