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(1) A person may assume a permit from an operator by submitting an assignment application to the department. Upon receipt of an assignment application, the department shall inspect the permitted site, if necessary, and evaluate the application and existing permit to determine if the requirements of the Act and this subchapter are satisfied.

(2) The department shall approve an application for assignment of a permit that meets the following requirements:

(a) the application includes a completed copy of the application for assignment on a form provided by the department, and, if required by the department, an application to amend the permit;

(b) the application includes an acknowledgment that:

(i) the assignee has reviewed and understands the terms of the permit that is effective at the time of the assignment;

(ii) the assignee agrees to assume all the obligations set forth in the permit, including the plan of operation, the Act, and this subchapter; and

(iii) the assignee assumes responsibility to reclaim the site in accordance with the terms of the permit, the Act, and this subchapter and for any violations or issues of noncompliance in existence at the time of the assignment;

(c) the assignment application, any necessary permit amendment application, and any necessary revisions to the permit satisfy the requirements of the Act and this subchapter; and

(d) the application includes a reclamation bond or other security that meets the requirements of 82-4-433, MCA, this subchapter, and the plan of operation. 

(3) An assignment becomes effective when the department notifies the applicant in writing that the information and materials provided to the department meet all the requirements of the Act and this subchapter and that the assignment

is approved and issued by the department. Upon notification of the department's approval of the assignment, the assignee becomes responsible for all the obligations described in (2)(b).

History: 82-4-422, MCA; IMP, 82-4-402, 82-4-432, 82-4-433, 82-4-434, MCA; NEW, 2004 MAR p. 317, Eff. 2/13/04; AMD, 2016 MAR p. 513, Eff. 3/19/16.

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