Drainage from acid- and toxic-forming spoil into ground and surface water must be avoided by:

(1) identifying, burying, and treating  whenever necessary, spoil that, in the judgment of the department, may be detrimental to vegetation or may adversely affect water quality if not treated or buried;

(2) preventing water from coming into contact with acid-forming or toxic-forming spoil in accordance with ARM 17.24.501(3), 17.24.504, 17.24.507, and other measures required by the department; and

(3) burying or otherwise treating all acid-forming or toxic-forming spoil within 30 days after it is first exposed on the mine site, or within a lesser period required by the department. Temporary storage of the spoil may be approved by the department upon a finding that burial or treatment within 30 days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage must be limited to the period until burial or treatment first becomes feasible. Acid-forming or toxic-forming spoil to be stored must be placed on impermeable material and protected from erosion and contact with surface water.


History: 82-4-205, MCA; IMP, 82-4-231, 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. 3042; AMD, 2024 MAR p. 258, Eff. 2/10/24.