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(1) Ponds from inactive mills shall be drained and covered with materials or provided with vegetative cover that will prevent wind and water erosion. Water drained from ponds from inactive mills shall be disposed of in a manner approved by the department.

(2) Taking into consideration the types of materials at each site, piles from inactive mills shall be leveled and graded so that there is, insofar as possible, a gradual slope to ensure that there shall be no low places on the pile where water might collect. Side slopes shall be stabilized by riprap, dikes, reduction of grades, vegetation, or any other method or combination of methods that will ensure stabilization.

(3) If pile edges from inactive mills are adjacent to a river, creek, gulch, or other watercourse that might reasonably be expected to erode the edges during periods of high water, the exposed slopes shall be stabilized and the edges shall be diked and riprapped sufficiently to prevent erosion of the pile.

(4) Adequate drainage ditches shall be provided around the pile edges from inactive mills to prevent surface runoff water from neighboring land from reaching and eroding the pile.

(5) Piles shall be stabilized against wind and water erosion. The method of stabilization may consist of vegetation or a cover of soil, soil containing rock or stone, cement or concrete products, petroleum products, or any other soil stabilization material presently recognized or which may be recognized in the future, or any combination of the foregoing as may be required for proper protection from wind, or water erosion.

(6) Access to a stabilized pile area shall be controlled by the operator or owner and properly posted.

(7) Active and inactive piles shall be maintained in such a manner that excessive erosion of, or environmental hazard from, radioactive materials does not occur.

(8) The owner of a tailings pile site shall give the department written notice 10 days in advance of any contemplated transfer of right, title or interest in such site by deed, lease, or other conveyance. The written notice shall contain the name and address of the proposed purchaser or transferee. Prior written approval of the department shall be obtained before the surface area of the land shall be put to use and it shall have been determined that the radiation dosage to the public resulting from the proposed use does not exceed 0.5 rem per year.

(9) With the exception of use at a mill or for reprocessing at the site or another location, prior written approval of the department must be obtained before any tailing material is removed from any active or inactive mill.

(10) Detailed plans for stabilizing tailings piles shall be submitted to the department for review and approval prior to undertaking stabilization of the pile.

(11) The department may waive individual requirements in regard to stabilization or utilization of tailings material if it can be shown that they are unnecessary or impracticable in specific cases.

History: Sec. 75-3-201, MCA; IMP, Sec. 75-3-201, MCA; NEW, 1980 MAR p. 1069, Eff. 3/28/80; TRANS, from DHES, 1996 MAR p. 433; TRANS, from DEQ, 2000 MAR p. 189.

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