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(1) If the department, pursuant to ARM 17.24.406(3)(d) , elects to revoke an improvidently issued permit, it shall serve on the permittee a notice of proposed suspension and revocation.   The notice must include the reasons for the finding under ARM 17.24.406(3) and state that:

(a) after a specified period of time not to exceed 90 days, the permit automatically will become suspended, and not to exceed 90 days thereafter revoked, unless within those periods the permittee submits proof, and the department finds, that:

(i) the finding of the department under ARM 17.24.406(2) was erroneous;

(ii) the permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;

(iii) the violation, penalty or fee is the subject of a good-faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; or

(iv) since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty or fee;

(b) after permit suspension or revocation, the permittee shall cease all coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures required by the department; and

(c) the permittee may file an appeal under ARM 17.24.425.


History: 82-4-205, MCA; IMP, 82-4-205, 82-4-222, 82-4-227, MCA; NEW, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2024 MAR p. 255, Eff. 2/10/24.

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