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17.24.225    PERMIT COMPLIANCE

(1) An operator shall comply with the provisions of its permit, this subchapter, and the Act. The department may issue an order requiring abatement of a violation within a reasonable time.  The applicant may request an extension of the deadline, giving the reason the extension is necessary, and the department may grant the extension upon finding that good cause for the extension has been shown.  The permittee shall comply with the abatement order within the time set in the order or extension.

(2) A permittee may allow another person to mine and process mine materials at the permitted operator's site, only if the permittee retains control over that person's activities and ensures that no violations of the Act, this subchapter, or the permit occur.  If the person violates the provisions of the Act, this subchapter, or the permit, the permittee is responsible for the violation, and the department may require abatement pursuant to (1) .

(3) A person who conducts opencut operations at a nonpermitted site and who was obligated to obtain a permit is in violation of 82-4-431, MCA, and the department may issue an order requiring cessation of the operation and may also order abatement of the violation, including reclamation of the site, within a reasonable time.  The person may request an extension of the deadline, giving reasons why the extension is necessary, and the department may grant extensions upon a finding that good cause for the extension has been shown.  The person shall comply with the abatement order within the time required by the order or extension.

History: 82-4-422, MCA; IMP, 82-4-402, 82-4-422, 82-4-423, 82-4-431, 82-4-432, MCA; NEW, 2004 MAR p. 317, Eff. 2/13/04.

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