Montana Code 82-4-357. Abatement of environmental emergencies
82-4-357. Abatement of environmental emergencies. (1) Whenever an environmental emergency exists, as determined by the department, at an active, temporarily abandoned, or permanently abandoned exploration, mining, ore processing, or hard-rock mill site, the department may enter the site and may apply for and, if approved by the governor, use the funds in the environmental contingency account created in 75-1-1101 to abate the situation on either a temporary or a permanent basis, or both.
Terms Used In Montana Code 82-4-357
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-303
- Exploration: means :
(a)all activities that are conducted on or beneath the surface of lands and that result in material disturbance of the surface for the purpose of determining the presence, location, extent, depth, grade, and economic viability of mineralization in those lands, if any, other than mining for production and economic exploitation; and
(b)all roads made for the purpose of facilitating exploration, except as noted in 82-4-310. See Montana Code 82-4-303
- Operator: means a person who has an operating permit issued under 82-4-335. See Montana Code 82-4-303
- Ore processing: means milling, heap leaching, flotation, vat leaching, or other standard hard-rock mineral concentration processes. See Montana Code 82-4-303
(2)The department may bring an action against the operator to recover the abatement costs in the district court of the first judicial district in Lewis and Clark County. Nothing in this section affects the right of the department to retain or pursue forfeiture of any bond posted pursuant to 82-4-338. Expenditures from the environmental contingency account that are recovered under this subsection must be deposited in the environmental contingency account.