(1) The permittee or any person authorized to act on his behalf may file an application with the department for release of all or part of the performance bond liability applicable to a particular permit after all reclamation, restoration and abatement work in a reclamation phase as defined in ARM 17.24.1116 has been completed on the entire permit area or on an area approved under 82-4-223, MCA, for the incremental filing for and release of bond liability.

(2) Applications must be filed at times or seasons that allow the department to evaluate properly the reclamation operations alleged to have been completed.

(3) The application must include the information required by 82-4-232(6)(a), MCA.

(4) Each application for partial or full bond release must include a notarized statement which certifies that all applicable reclamation requirements have been achieved in accordance with the Act, the rules, and the approved reclamation plan.

(5) The department shall determine whether an application is administratively complete within 60 days of receipt and shall immediately notify the applicant in writing of its determination. If the department determines an application is not administratively complete, the notice must list the specific items not adequately addressed in the application. Any items not listed in the notice are presumed to be addressed.

(6) Within 45 days of the department's determination of administrative completeness, the applicant shall submit proof of publication of the advertisement required by ARM 17.24.1112.

(7) Applicants for prospecting bond release shall comply with ARM 17.24.1017.


History: 82-4-205, MCA; IMP, 82-4-223, 82-4-232, 82-4-235, 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, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2012 MAR p. 737, Eff. 4/13/12; AMD, 2024 MAR p. 258, Eff. 2/10/24.