Montana Code 82-4-340. Successor operator
82-4-340. Successor operator. (1) When one operator succeeds to the interest of another in any uncompleted operation by sale, assignment, lease, or otherwise, the department may release the first operator from the duties imposed upon the operator by this part, provided that both operators comply with the requirements of this part and the successor operator assumes the duty of the former operator to complete the reclamation of the land, in which case the department shall transfer the permit to the successor operator upon approval of the successor operator’s bond as required under this part.
Terms Used In Montana Code 82-4-340
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-303
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Operator: means a person who has an operating permit issued under 82-4-335. See Montana Code 82-4-303
(2)For an operation with a forfeited bond where the department holds a suspended permit pursuant to 82-4-341(8), the department may transfer the permit to a successor operator provided that the successor operator:
(a)complies with the requirements of this part; and
(b)assumes the duty of the former operator to complete reclamation and submits:
(i)any additional bond required under 82-4-338; and
(ii)a $2,000 fee.