Senate Bill No. [insert bill number] seeks to revise the public notice and participation requirements for opencut mining permits in Montana. The bill mandates that the Department of Environmental Quality must respond to public comments on permit applications and introduces a new timeline for public notice, requiring it to be issued within 15 days of the department confirming an application is complete. It also lowers the threshold for requiring a public meeting from 51% of real property owners to 30% of residents within one mile of the proposed operation. Additionally, the bill eliminates the definition of "occupied dwelling unit" and grants the department rulemaking authority.
The bill enhances transparency and public involvement by requiring the department to post complete applications on its website and accept public comments throughout the review process. It stipulates that if an amendment to a permit does not require public notice or a meeting, the department must still adhere to public notice and participation provisions for certain amendments. Furthermore, the bill outlines a structured review process, mandating the department to assess applications for completeness within 5 working days and notify applicants of any deficiencies. Once an application is complete, the department must notify nearby residents, accept public comments for 30 days, and respond to all comments in writing before allowing operations to commence. The bill also includes reclamation requirements for land post-operation, ensuring that operators restore the affected area to its original condition or as agreed with landowners.
Statutes affected: LC Text: 82-4-403, 82-4-432
SB0391_1(1): 82-4-403, 82-4-432
SB0391_1(2): 82-4-403, 82-4-432
SB0391_1: 82-4-403, 82-4-432