Bill Summary – FastDemocracy

67th Legislature                                                                                                    HB 599.1
                                                    HOUSE BILL NO. 599
                                             INTRODUCED BY S. GUNDERSON
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING OPENCUT MINING LAWS; PROVIDING
   LESS STRINGENT APPLICATIONS FOR CERTAIN OPENCUT OPERATIONS; DEFINING "OCCUPIED
   DWELLING UNIT"; PROVIDING EXEMPTIONS; AMENDING SECTIONS 82-4-403, 82-4-431, 82-4-432, 82-4-
   434, AND 82-4-439, MCA; REPEALING SECTION 82-4-440, MCA; AND PROVIDING AN IMMEDIATE
   EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 82-4-403, MCA, is amended to read:
              "82-4-403.    Definitions. When used in this part, unless a different meaning clearly appears from the
   context, the following definitions apply:
              (1)   "Affected land" means the area of land and land covered by water that is disturbed by opencut
   operations. A private road may be included as affected land only with the landowner's consent.
              (2)   "Amendment" means a change to the approved permit.
              (3)   "Board" means the board of environmental review provided for in 2-15-3502.
              (4)   "Department" means the department of environmental quality provided for in 2-15-3501.
              (5)   "Landowner" means the holder of legal title to land subjected to an opencut operation.
              (6)   "Materials" means bentonite, clay, scoria, peat, sand, soil, gravel, or mixtures of those substances.
              (7)   "Occupied dwelling unit" means a structure with permanent water and sewer facilities that is used
   as a home, residence, or sleeping place by at least one person who maintains a household that is lived in as a
   primary residence.
              (7) (8)   "Opencut operation" means activities conducted for the primary purpose of sale or utilization of
   materials, including:
              (a)   mine site preparation;
              (b)   (i) removing the overburden and mining directly from the exposed natural deposits; or
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              (ii) mining directly from natural deposits of materials;
              (c)   processing of materials mined from the natural deposits, except that processing facilities located
   more than 300 feet from where materials were mined or are permitted to be mined are not part of the opencut
   operation;
              (d)   transporting, depositing, staging, and stockpiling of overburden and materials unless the activity
   occurs more than 300 feet from where the materials were mined or are permitted to be mined;
              (e)   storing or stockpiling of materials at processing facilities that are part of the opencut operation;
              (f)   reclamation of affected land; and
              (g)   parking or staging of vehicles, equipment, or supplies unless:
              (i)   the activity is separated from other opencut operations by at least 25 feet and is connected to the
   opencut operation by a single road that is no more than 25 feet wide; or
              (ii) the activity is inside the construction disturbance area shown on a construction project plan.
              (8) (9)    "Operator" means a person who holds a permit issued pursuant to this part. For purposes of
   enforcing the provisions of this part, the term also includes any person conducting opencut operations on
   affected land that is not covered by a permit.
              (9) (10)    "Overburden" means the earth that lies above a natural deposit of materials.
              (10) (11) "Person" means:
              (a)   a natural person;
              (b)   a firm, association, partnership, cooperative, or corporation;
              (c)   a department, agency, or instrumentality of the state or any governmental subdivision; or
              (d)   any other entity.
              (11) (12) "Plan of operation" means a plan that:
              (a)   meets the requirements of 82-4-434; and
              (b)   contains a description of current land use, topographical data, hydrologic data, soils data,
   proposed mine areas, proposed mining and processing operations, proposed reclamation, and appropriate
   maps.
              (12) (13) "Processing facilities" means:
              (a)   crushers, screens, and pug mills;
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              (b)   asphalt, wash, and concrete plants;
              (c)   treatment, sedimentation, or retention areas for processing facilities; and
              (d)   areas receiving washout from vehicles and equipment using the processing facilities.
              (13) (14) "Reclamation" means the reconditioning of affected land to make the area suitable for
   productive use, including but not limited to forestry, agriculture, grazing, wildlife, recreation, or residential or
   industrial development.
              (14) (15) "Soil" means the dark or root-bearing surface matter that has been generated through time by
   the interaction of biological activity, climate, topography, and parent material and that is capable of sustaining
   plant growth and is recognized and identified as such by standard authorities and methods."
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              Section 2. Section 82-4-431, MCA, is amended to read:
              "82-4-431.      Permit for mining, processing, and reclamation required. (1) Except as provided in 82-
   4-440 subsections (2) and (3), a permit is required for an operator who:
              (a)   conducts an opencut operation that results in the removal of more than 10,000 cubic yards of
   materials and overburden; or
              (b)   conducts more than one an opencut operation where each of the operations results in the removal
   of less than 10,000 cubic yards of materials and overburden but the operations result in the removal of 10,000
   cubic yards or more of materials and overburden in the aggregate are removed from the site and:
              (i)   affects surface water, including intermittent or perennial streams or ground water; or
              (ii) has never held a permit pursuant to this part; or
              (c)   removes materials or overburden at a previously mined site where the removal, combined with the
   amount of previously mined materials and overburden, exceeds 10,000 cubic yards.
              (2)   (a) Except as provided in or conditioned under subsections (5) and (6), an An operator who holds
   a permit under this part may conduct a limited opencut operation without first securing an additional permit or
   an amendment to an existing permit if the limited opencut operation meets the following criteria:
              (a) (i)    the area to be disturbed by the limited opencut operation is located more than 1 one-half mile
   from the operator's nearest existing limited opencut operation;
              (b) (ii)   the total amount of materials and overburden removed does not exceed 10,000 cubic yards
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   and the total area from which the materials and overburden are removed does not exceed 5 acres; and
              (c) (iii)   the operator:
              (i) (A)     submits appropriate site and opencut operation information on a limited opencut operation form
   provided by the department; and
              (ii) (B) within 1 year of the department's receipt of the limited opencut operation form, salvages all soil
   from the area to be disturbed, removes the materials, grades the affected land to 3:1 or flatter slopes, blends
   the graded land into the surrounding topography, replaces an appropriate amount of overburden and all soil,
   and reclaims to conditions present prior to mining all access roads used for the operation unless the landowner
   requests in writing that specific roads or portions of the roads remain open. Roads left open at the landowner's
   request must be sized to support the use of the road after opencut operations.
              (iii) (C) at the first seasonal opportunity, seeds or plants all affected land with vegetative species that
   meet the requirements of 82-4-434. ; and
              (iv) the limited opencut operation is not:
              (A)    in intermittent or perennial streams;
              (B)    in an area where the opencut operation will intercept surface water, ground water, or any slope
   that is steeper than 3:1;
              (C)    in an area where mining would be restricted by other laws; or
              (D)    in violation of local zoning regulations adopted under Title 76, chapter 2.
              (3) (b)     At the operator's request and with department approval, the operator may have up to 1
   additional year to perform the reclamation required by subsection (2)(c) (2)(a)(iii), provided the operator does
   not apply to extend or continue the limited opencut operation pursuant to subsection (4). (2)(c).
              (4) (c)     (a) (i) An operator who commences a limited opencut operation pursuant to subsection (2)
   (2)(a) may apply for a permit to continue or expand that opencut operation pursuant to the provisions of this
   subsection (4) (2)(c).
              (b) (ii)    The permit application must be complete within 180 days of the department's receipt of the
   limited opencut operation form.
              (c) (iii)   If the complete permit application is acceptable within 1 year of the department's receipt of the
   limited opencut operation form, the provisions of subsections (2)(c)(ii) and (2)(c)(iii) (2)(a)(iii)(B) and (2)(a)(iii)(C)
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   do not apply and reclamation must be conducted as prescribed in the permit.
              (d) (iv)   If the complete permit application is not acceptable within 1 year of the department's receipt of
   the limited opencut operation form, the application is considered abandoned and void. Starting 3 days after the
   department notifies the applicant that the application is considered abandoned and void, the applicant has 180
   days to complete the reclamation provided for in subsections (2)(c)(ii) and (2)(c)(iii) (2)(a)(iii)(B) and
   (2)(a)(iii)(C).
              (e) (v)    If the permit application is withdrawn by the applicant within 1 year of the department's receipt
   of the limited opencut operation form, the reclamation provided for in subsections (2)(c)(ii) and (2)(c)(iii)
   (2)(a)(iii)(B) and (2)(a)(iii)(C) must be completed within 180 days of the date of the withdrawal.
              (3)    A landowner may remove up to 10,000 cubic yards of opencut materials on the landowner's
   property for personal or agricultural uses without obtaining a permit.
              (5) (4)    The department may refuse to approve deny an application for issuance of a permit under
   subsection (1) or may prohibit the operator from conducting an a limited opencut operation under subsection (2)
   (2)(a) if, at the time of application or notification by the operator to the department, the operator has a pattern of
   violations or is in current violation of this part, rules adopted under this part, or provisions of a permit.
              (6)    The department may require an additional bond as a condition for the conduct of an opencut
   operation under subsection (2).
              (7)    Opencut operations described in subsection (2) may not occur:
              (a)    in ephemeral, intermittent, or perennial streams;
              (b)    in an area where the opencut operation will intercept surface water, ground water, or any slope
   that is steeper than 3:1; or
              (c)    in any area where mining would be restricted by other laws.
              (8)    Sand and gravel opencut operations must meet applicable local zoning regulations adopted under
   Title 76, chapter 2.
              (9) (5)    A permit is effective when the department provides written notice to the applicant that the
   information and materials provided to the department meet the requirements of this part and rules adopted
   pursuant to this part.
              (10) (6) (a) Except as provided in subsection (10) (b) (6)(b), a permit issued under this part expires on
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   the reclamation date proposed by the operator and approved by the department.
              (b)   Prior to the expiration of a permit:
              (i)   the operator may file an application to amend the plan of operation to extend the reclamation date
   pursuant to 82-4-434(4)(a);
              (ii) the department may amend the plan of operation pursuant to 82-4-436;
              (iii) the department may revoke the permit pursuant to 82-4-442; or
              (iv) the operator and the department may agree to terminate the permit upon mutual written consent;
              (v)   (A) for a site permitted or for which an amendment was approved in 2010 or later, the operator
   may apply to extend the reclamation date on a site by submitting a form furnished by the department and
   provide an updated landowner consultation form and bond, if applicable; or
              (B)    for a site permitted or for which an amendment was approved prior to 2010, the department may
   use its discretion to allow the operator to request an extended reclamation date pursuant to subsection
   (6)(b)(v)(A); or
              (vi) the operator may change the post mine land use on a site by submitting the request on a form
   furnished by the department and provide an updated landowner consultation form and bond, if applicable.
              (11) (7) The expiration or termination of a permit issued under this part does not relieve an operator
   from the obligation to conduct reclamation as required by the plan of operation or the liability for costs of
   reclamation exceeding the amount of the bond."
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              Section 3. Section 82-4-432, MCA, is amended to read:
              "82-4-432.    Application for permit -- contents -- issuance -- amendment. (1) (a) An operator who
   requires a permit pursuant to 82-4-431 shall apply for a permit on forms furnished by the department prior to
   commencing operations.
              (b)   Operations subject to subsections (2) through (13) are those:
              (i)   that intercept ground water or surface water, including intermittent or perennial streams; or
              (ii) where 10 or more occupied dwelling units are within one-half mile of the permit boundary of the
   operation.
              (c)   All other operations are subject to subsection (14).
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              (2)    (a) An application for a permit pursuant to subsections (2) through (13) must be made using forms
   furnished by the department and must contain the following:
              (a) (i)     the name of the applicant and, if other than the owner of the land, the name and address of the
   owner;
              (b) (ii)    the type of operation to be conducted;
              (c) (iii)   the estimated volume of overburden and materials to be removed;
              (d) (iv)     the location of the proposed opencut operation by legal description and county accompanied
   by a map showing the location of the proposed operation sufficient to allow the public to locate the proposed
   site; and
              (e) (v)     a statement that the applicant has the legal right to mine the designated materials in the lands
   described.
              (2) (b)     The application must be accompanied by:
              (a) (i)     a bond or security meeting the requirements as set out in this part;
              (b) (ii)    a statement from the local governing body having jurisdiction over the area to be mined
   certifying that the proposed sand and gravel opencut operation complies with applicable local zoning
   regulations adopted under Title 76, chapter 2, and in effect prior to the filing of a permit application or at the
   time a written request is received for a preapplication meeting pursuant to 82-4-432;
              (c)    a plan of operation that contains information sufficient to initiate acceptability review by addressing
   the requirements of 82-4-434 and rules adopted pursuant to this part related to 82-4-434;
              (d)    written documentation that the landowner has been consulted about the proposed plan of
   operation;<