Montana Code 75-10-1404. Minimum reclamation standards
75-10-1404. Minimum reclamation standards. (1) Except as provided in 75-10-1411, mine and smelter waste repositories constructed by persons undertaking a remedial action on property owned by another must be capped with a minimum of 24 inches of cover material, including a minimum of 6 inches of topsoil, and revegetated as provided in subsection (3).
Terms Used In Montana Code 75-10-1404
- 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)Except as agreed to by the person undertaking the remedial action and the property owner or as provided in 75-10-1411, locations where mine or smelter waste has been removed by a person undertaking a remedial action on property owned by someone other than the waste owner must be capped by a minimum of 6 inches of topsoil and revegetated as provided in subsection (3).
(3)Except as provided in 75-10-1411:
(a)mine and smelter waste repositories or lands where mine or smelter waste has been removed must be revegetated using plant species native to the area; and
(b)revegetated areas must achieve a vegetative cover equal to 85% of the vegetation cover of adjacent lands that were not previously disturbed within 3 years of the initial seeding.