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(1) The provisions of the Act and this subchapter apply to any person, who is not a small miner, who after May 31, 1990, institutes a new operation to reprocess tailings or waste rock resulting from previous mining operations. An operating permit must be obtained before constructing facilities, removing tailings or waste rock, engaging in reprocessing operations, or disturbing land in anticipation of these activities.

(2) No land disturbed by a reprocessing operation before June 1, 1990, is subject to the Act and this subchapter unless reprocessing or related activities are conducted on the area after May 31, 1990.

(3) The reclamation of land disturbed after May 31, 1990, for the removal and reprocessing of waste rock and tailings from previous mining operations shall be conducted in the following manner:

(a) where waste rock and tailings have previously been reclaimed under the Act and this subchapter, reclamation following reprocessing shall be completed in compliance with the standards set forth in an operating permit;

(b) where waste rock and tailings have not previously been subject to the reclamation requirements of the Act and this subchapter, and are to be redisturbed under the proposed permit, the following reclamation requirements apply:

(i) reclamation of any reprocessed waste rock and tailings and associated facilities consistent with the standards of this definition;

(ii) salvage and replacement of available soil or suitable materials;

(iii) use of suitable materials at the surface of any reprocessed waste rock to the extent practicable;

(iv) grading of slopes to a stable angle, treating with appropriate soils amendments and vegetating with a perennial seed mix;

(v) amending and seeding the regraded site such that utility is improved over that which existed prior to reprocessing; and

(vi) preservation of water quality at least to the level that existed prior to reprocessing. 


History: 82-4-321, MCA; IMP, 82-4-304, 82-4-335, MCA; NEW, 1990 MAR p. 1008, Eff. 6/1/90; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2024 MAR p. 1060, Eff. 5/11/24.

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