(1) Appropriate sediment control measures must be designed, constructed, and maintained using the BTCA to:

(a) prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

(b) meet the more stringent of applicable state or federal effluent limitations; and

(c) minimize erosion to the extent possible.

(2) Sediment control measures include practices carried out within or adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area must reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:

(a) disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling, grading, and prompt revegetation in accordance with ARM 17.24.711, 17.24.713, 17.24.714, 17.24.716 through 17.24.721, and 17.24.723 through 17.24.726;

(b) stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of subchapter 5;

(c) retaining sediment within disturbed areas;

(d) diverting runoff away from disturbed areas;

(e) diverting runoff by using protected channels or pipes through disturbed areas to eliminate additional erosion;

(f) using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and

(g) treating with chemicals.


History: 82-4-202, 82-4-205, MCA; IMP, 82-4-231, 82-4-232, 82-4-234, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2024 MAR p. 258, Eff. 2/10/24.