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17.24.117    PERMIT CONDITIONS

(1) The following conditions accompany the issuance of each permit:

(a) The permittee shall conduct all operations as described in:

(i) the plan of operations including the approved operating, reclamation, monitoring, and contingency plans;

(ii) any express conditions which the department places on the permit to ensure compliance with the Act or this subchapter promulgated pursuant thereto;

(iii) written commitments made by the permittee in response to deficiencies identified by the department during the permit application review process;

(iv) mitigation measures mutually developed by the department and permittee pursuant to 75-1-201 (5) (b) , MCA; and

(v) plans or assumptions used in calculating bond amounts that have been posted by the permittee.

(b) If the department issued the permit because the applicant was maintaining a good faith direct appeal in accordance with 82-4-335 , MCA, the permittee will immediately submit proof upon resolution of the appeal that the violation has been or is being corrected to the satisfaction of the regulatory agency or the permittee will cease operations.

(c) Except as provided in ARM 17.24.144(1) (f) and 17.24.146(2) , the permittee shall maintain in effect at all times a bond in the amount established by the department. Upon failure of the permittee to maintain such bond coverage because of expiration or cancellation of bond, the permit is suspended and the permittee shall cease mining operations until substitute bond is filed with and approved by the department.

History: 82-4-321, MCA; IMP, 82-4-335, 82-4-336, 82-4-351, MCA; NEW, 1994 MAR p. 2952, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 640, Eff. 4/9/99; AMD, 2002 MAR p. 3590, Eff. 12/27/02.

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