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17.24.723    MONITORING

(1) The operator shall conduct periodic vegetation, soils, and wildlife monitoring under plans submitted pursuant to ARM 17.24.312(1) (d) and 17.24.313(1) (f) (iv) and (1) (g) (ix) and the approved postmining land use as approved by the department.

(2) The data and a narrative interpretation thereof must be submitted on a schedule and in a manner approved by the department. Detail of the narrative interpretation must be determined in consultation with the department to demonstrate compliance with the Act, other state and federal laws, and applicable rules in this chapter.

(3) If the data indicate that corrective measures are necessary, the operator shall implement corrective measures to comply with permit requirements.

(4) The operator may request and the department may approve revision or discontinuation of a monitoring program, if it can be documented that adverse impacts have not occurred and are unlikely to occur or that mitigating measures have been effective.

History: 82-4-204, 82-4-205, MCA; IMP, 82-4-233, 82-4-235, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2004 MAR p. 2548, Eff. 10/22/04.

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