Montana Code 82-4-112. Administration
82-4-112. Administration. (1) The department shall:
Terms Used In Montana Code 82-4-112
- Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 82-4-103
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-103
- Operation: means all of the premises, facilities, railroad loops, roads, power lines, and equipment used in the process of producing and removing mineral from a designated strip-mine or underground-mine area. See Montana Code 82-4-103
- Preparatory work: means all onsite disturbances, excluding prospecting, associated with the initiation of a new strip mine or underground mine, including but not limited to the construction of railroad spurs or loops, buildings to house mining operations, roads, storage and train load-out facilities, transmission lines, erection of draglines and loading shovels, and other associated facilities. See Montana Code 82-4-103
(a)adopt, after an opportunity for a hearing, general rules pertaining to new strip mines and to new underground mines and preparatory work to accomplish the purposes of this part, rules regarding filing of reports, issuance of permits, and other matters of procedure and administration;
(b)exercise general supervision, administration, and enforcement of this part and all rules and orders adopted under this part;
(c)issue orders requiring operators to adopt remedial measures necessary to comply with this part and rules adopted under this part;
(d)order the suspension of any permit for failure to comply with this part, any rule adopted under this part, or a permit issued pursuant to this part;
(e)issue an order revoking a permit when the requirements set forth by a notice of violation, order of suspension, or order requiring remedial measures have not been complied with according to the terms in the notice or order;
(f)order the halting of any operation that is started without first having obtained a permit as required by this part;
(g)conduct investigations and inspections necessary to ensure compliance with this part; and
(h)encourage and conduct investigations, research, experiments, and demonstrations and collect and disseminate information relating to new strip mines, new underground mines, and reclamation of lands and waters affected by preparatory work.
(2)The board shall conduct hearings under this part.