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Rule Title: DEFINITIONS
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Department: ENVIRONMENTAL QUALITY
Chapter: RECLAMATION
Subchapter: Rules and Regulations Governing the Opencut Mining Act
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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17.24.202    DEFINITIONS

When used in this subchapter, unless a different meaning clearly appears from the context, the following definitions apply:

(1) "Access road" means an existing or proposed non-public road that connects an opencut operation to a public road or highway. The term includes the roadbed, cut and fill slopes, ditches, and other structures and disturbances related to the construction, use, and reclamation of the access road. 

(2) "Bonded area" means a portion of the permit area that is subject to a reclamation bond or other security approved by the department under this subchapter.

(3) "Clean fill" means soil, overburden, fines, dirt, sand, gravel, rocks, and rebar-free concrete that have not been made impure by contact, commingling, or consolidation with organic compounds such as petroleum hydrocarbons, inorganic metals, or contaminants that meet the definition of hazardous waste under ARM Title 17, chapter 53, or regulated PCB (polychlorinated biphenyls). "Rebar-free concrete" means pieces of concrete that may contain rebar, but from which no rebar protrudes beyond the concrete.

(4) "Department" means the Department of Environmental Quality provided for in 2-15-3501, MCA.

(5) "Materials" has the meaning given in 82-4-403, MCA.

(6) "Non-bonded area" means the portion of a permit area that is not covered by a reclamation bond or other security approved by the department under this subchapter.

(7) "Opencut operation" has the meaning given in 82-4-403, MCA.

(8) "Overburden" has the meaning given in 82-4-403, MCA.

(9) "Pattern of violations" means three or more violations of the Act or this subchapter that harm or have the potential to harm human health or the environment. A violation does not contribute to a pattern of violations:

(a) until such time as the opportunity for administrative review, judicial review, or appeal have passed for the violation; or

(b) after the violator demonstrates compliance with all the terms of an administrative or judicial order in an action taken by the department under authority of the Act and this subchapter because of the violation.

(10) "Permit area" means the areas subject to a permit granted under this subchapter.

(11) "Removal" means excavation of soil, overburden, and material from its natural condition.

(12) "Slope" means the measure of an incline by means of a ratio of horizontal to vertical distance indicated by a pair of numbers separated by a colon, for example, 3:1, which means one foot of rise over three horizontal feet.

(13) "Soil" has the meaning given in 82-4-403, MCA.

(14) "Tilling" means breaking up the substrate or soil before seeding to a depth of at least one foot to improve conditions for plant growth.

History: 82-4-422, MCA; IMP, 82-4-403, 82-4-422, 82-4-431, 82-4-432, 82-4-434, MCA; NEW, Eff. 9/5/73; AMD, Eff. 11/4/74; AMD, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2004 MAR p. 317, Eff. 2/13/04; AMD, 2016 MAR p. 513, Eff. 3/19/16.


 

 
MAR Notices Effective From Effective To History Notes
17-376 3/19/2016 Current History: 82-4-422, MCA; IMP, 82-4-403, 82-4-422, 82-4-431, 82-4-432, 82-4-434, MCA; NEW, Eff. 9/5/73; AMD, Eff. 11/4/74; AMD, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2004 MAR p. 317, Eff. 2/13/04; AMD, 2016 MAR p. 513, Eff. 3/19/16.
2/13/2004 3/19/2016 History: 82-4-422, MCA; IMP, 82-4-403, 82-4-422, 82-4-431, 82-4-432, 82-4-434, MCA; NEW, Eff. 9/5/73; AMD, Eff. 11/4/74; AMD, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2004 MAR p. 317, Eff. 2/13/04.
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