Montana Code 82-4-375. Engineer of record — duties
82-4-375. Engineer of record — duties. (1) An operator with an existing tailings storage facility shall provide the department with written designation of an engineer of record, including contact information, within 180 days after October 1, 2015.
Terms Used In Montana Code 82-4-375
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-303
- Engineer of record: means a qualified engineer who is the lead designer for a tailings storage facility. See Montana Code 82-4-303
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Operator: means a person who has an operating permit issued under 82-4-335. See Montana Code 82-4-303
- Tailings: means the residual materials remaining after a milling process that separates the valuable fraction from the uneconomic fraction of an ore mined by an operator. See Montana Code 82-4-303
- Tailings storage facility: means a facility that temporarily or permanently stores tailings, including the impoundment, embankment, tailings distribution works, reclaim water works, monitoring devices, storm water diversions, and other ancillary structures. See Montana Code 82-4-303
- Writing: includes printing. See Montana Code 1-1-203
(2)An application for a permit pursuant to 82-4-335 or an amendment that will include a tailings storage facility must include the designation of an engineer of record and contact information.
(3)The engineer of record may not be an employee of an operator or permit applicant. The engineer of record shall:
(a)review designs and other documents pertaining to tailings storage facilities required by this part;
(b)certify and seal designs or other documents pertaining to tailings storage facilities submitted to the department;
(c)complete an annual inspection of the tailings storage facility as required in 82-4-381;
(d)notify the operator when credible evidence indicates the tailings storage facility is not performing as intended; and
(e)immediately notify the operator and the department when credible evidence indicates that a tailings storage facility presents an imminent threat or a high potential for imminent threat to human health or the environment.
(4)The engineer of record, operator, or permit applicant shall notify the department in writing if there is a change in the engineer of record.
(5)If the operator or permit applicant does not designate an engineer of record or replace an engineer of record within 90 days of receipt of notification that the engineer is no longer the engineer of record, the department shall order suspension of the deposition of tailings until an engineer of record is established pursuant to this section.