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Rule Title: AMENDMENT OF PERMITS
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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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17.24.213    AMENDMENT OF PERMITS

(1) An operator may apply for an amendment to its permit by submitting an application on a form provided by the department. Upon receipt of an amendment application and within the time limits provided in 82-4-432, MCA, the department shall evaluate the amendment application to determine if the requirements of the Act and this subchapter will be satisfied. 

(2) An application to amend a permit is acceptable if it meets the requirements of ARM 17.24.212 and includes the following:

(a) a new or additional bond or other security sufficient to cover additional estimated costs of reclamation required by ARM 17.24.203 and 17.24.220;

(b) a new landowner consultation form if required under ARM 17.24.206;

(c) a new zoning compliance form if required under ARM 17.24.223; and

(d) a revised plan of operation.

(3) For an amendment application solely to extend the reclamation date for a period of no more than five years that is submitted no later than five years after the first approval date of the permit, the applicant shall apply to extend the reclamation date on a form provided by the department and provide an updated landowner consultation form.

(4) An amendment becomes effective when the department notifies the applicant in writing that the information and materials provided to the department meet all the requirements of the Act and this subchapter and that the amendment is approved and issued by the department. Once approved, an amendment becomes part of the original permit. 

History: 82-4-422, MCA; IMP, 82-4-432, 82-4-433, 82-4-434, 82-4-436, 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, 82-4-432, 82-4-433, 82-4-434, 82-4-436, 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, 82-4-432, 82-4-433, 82-4-434, 82-4-436, 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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