The bill amends Sections 82-4-251 and 82-4-254 of the Montana Code Annotated (MCA) to establish a framework for addressing minor maintenance violations at mining operations. It introduces a new process whereby the director or an authorized representative can issue a minor maintenance correction letter to permittees, allowing them 14 days to correct identified minor maintenance items that do not pose an imminent danger to public health or safety, nor are expected to cause significant environmental harm. If the permittee fails to make the necessary corrections within the specified timeframe, the director may issue a notice of noncompliance or an order of cessation. The bill also defines what constitutes a minor maintenance item and clarifies that such items do not require a cessation order or public hearing.
Additionally, the bill modifies the penalties associated with violations of mining regulations. It allows the department to waive penalties for minor violations that do not pose a threat to public health, safety, or the environment, provided the violation is corrected as directed. The amendments also update the language regarding the assessment of penalties and the process for issuing notices of violation and penalty orders. The bill includes provisions for contingent voidness if any part is disapproved by the U.S. Secretary of the Interior, and it is set to take effect immediately upon passage and approval.
Statutes affected: LC Text: 82-4-251, 82-4-254
SB0368_1(1): 82-4-251, 82-4-254
SB0368_1(2): 82-4-251, 82-4-254
SB0368_1(3): 82-4-251, 82-4-254
SB0368_1: 82-4-251, 82-4-254
SB0368_2(1): 82-4-251, 82-4-254
SB0368_2(10): 82-4-251, 82-4-254
SB0368_2(2): 82-4-251, 82-4-254
SB0368_2(3): 82-4-251, 82-4-254
SB0368_2(4): 82-4-251, 82-4-254
SB0368_2(5): 82-4-251, 82-4-254
SB0368_2(6): 82-4-251, 82-4-254
SB0368_2(7): 82-4-251, 82-4-254
SB0368_2(8): 82-4-251, 82-4-254
SB0368_2(9): 82-4-251, 82-4-254
SB0368_2: 82-4-251, 82-4-254
SB0368_X(1): 82-4-251, 82-4-254
SB0368_X(2): 82-4-251, 82-4-254
SB0368_X(3): 82-4-251, 82-4-254
SB0368_X(4): 82-4-251, 82-4-254
SB0368_X(5): 82-4-251, 82-4-254
SB0368_X: 82-4-251, 82-4-254