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17.24.522    PERMANENT CESSATION OF OPERATIONS

(1) An operator who permanently ceases strip or underground mining operations in all or part of the permit area, shall close or backfill and otherwise permanently reclaim all affected areas, in accordance with the Act, rules adopted thereunder, and the permit as approved by the department. This must occur regardless of whether the permit has expired, or has been revoked or suspended.

(2) All surface and underground openings, equipment, structures, or other facilities not required for monitoring, unless approved by the department as suitable for the postmining land use or environmental monitoring, must be removed and the affected land reclaimed.

(3) Equipment needed for reclamation may not be removed from the mine until reclamation is complete.

History: 82-4-204, MCA; IMP, 82-4-231, 82-4-232, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1990 MAR p. 936, Eff. 5/18/90; TRANS, from DSL, 1996 MAR p. 3042; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04.

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