Montana Code 75-10-1403. Remediation location
75-10-1403. Remediation location. (1) Except as provided in 75-10-1411 and subsection (2) of this section, as part of a remedial action on property owned by another, mine and smelter waste may not be placed or remediated in place at a location within 200 feet of any mine excavation or opening.
Terms Used In Montana Code 75-10-1403
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-1401
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Smelter waste: means cinders, clinker, slag, and other waste products from the reduction of ores by any means, including material that may have migrated from its original place of deposition by erosion, and that contain hazardous or deleterious substances. See Montana Code 75-10-1401
(2)(a) The requirements of subsection (1) may be waived when, after review of an application by a person undertaking a remedial action, the department finds that the remedial action plan complies with Title 75, chapters 2, 5, and 10, and applicable rules.
(b)The person conducting the remedial action shall reimburse the department for costs incurred by the department under this section.
(c)Reimbursements must be deposited in the environmental rehabilitation and response account provided for in 75-1-110.
(3)The person conducting the remedial action must have the landowner’s consent before taking action under this section.
(4)This section does not apply to facilities containing mine or smelter waste that are permitted under Title 82, chapter 4, or that were constructed prior to January 1, 2007.