39-4-104. Strip mining. (1) For the purpose of this section, “strip mining” means the removal of the overburden and coal or other materials from the ground and all of the operations pertaining to the removal, without the necessity of providing timbers for holding the ground in place.

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Terms Used In Montana Code 39-4-104

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(2)The period of employment may not exceed 8 hours a day for employees working in strip mining unless the employer and employee agree to a workday of more than 8 hours:

(a)through a collective bargaining agreement when a collective bargaining unit represents the employee; or

(b)by mutual agreement when a collective bargaining unit is not recognized.

(3)Any person, company, corporation, or lessee of a strip mine that violates the provisions of this section shall upon conviction be punished by a fine of not less than $50 or more than $600 or by imprisonment of not more than 6 months, or both. Each day that the person, company, corporation, or lessee continues to violate the provisions of this section must be considered a separate and distinct offense and be punished as such.