Montana Code 82-4-422. Powers, duties, and functions
82-4-422. Powers, duties, and functions. (1) The department has the powers, duties, and functions to:
Terms Used In Montana Code 82-4-422
- Affected land: means the area of land and land covered by water that is disturbed by opencut operations. See Montana Code 82-4-403
- Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 82-4-403
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-403
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subpoena: A command to a witness to appear and give testimony.
(a)issue permits when, on the basis of the information set forth in the application and an evaluation of the proposed opencut operations, the department finds that the requirements of this part and rules adopted to implement this part will be observed;
(b)amend permits in accordance with the provisions of 82-4-436;
(c)reclaim any affected land with respect to which a bond has been forfeited;
(d)make investigations or inspections that are considered necessary to ensure compliance with any provision of this part; and
(e)enforce and administer the provisions of this part and issue orders necessary to implement the provisions of this part.
(2)The department shall:
(a)adopt rules that pertain to opencut operations in order to accomplish the purposes of this part;
(b)adopt rules:
(i)establishing uniform procedures for filing of necessary records;
(ii)providing procedures for the issuance of permits and filing of annual reports; and
(iii)providing other administrative requirements necessary to implement this part.
(3)The board shall conduct hearings and, for the purposes of conducting those hearings, administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, hear evidence, and require the production of any books, papers, correspondence, memoranda, agreements, documents, or other records relevant or material to the inquiry.