Montana Code 82-4-437. Annual report — fees
82-4-437. Annual report — fees. (1) For each opencut operation, the operator shall file an annual report on a form furnished by the department. The report must contain the information and be submitted at times provided in rules of the department.
Terms Used In Montana Code 82-4-437
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Amendment: means a change to the approved permit. See Montana Code 82-4-403
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-403
- Materials: means bentonite, clay, scoria, peat, sand, soil, gravel, or mixtures of those substances. See Montana Code 82-4-403
- Opencut operation: means activities conducted for the primary purpose of sale or utilization of materials, including:
(a)mine site preparation;
(b)(i) removing the overburden and mining directly from the exposed natural deposits; or
(ii)mining directly from natural deposits of materials;
(c)processing of materials mined from the natural deposits, except that processing facilities located more than 300 feet from where materials were mined or are permitted to be mined are not part of the opencut operation;
(d)transporting, depositing, staging, and stockpiling of overburden and materials unless the activity occurs more than 300 feet from where the materials were mined or are permitted to be mined;
(e)storing or stockpiling of materials at processing facilities that are part of the opencut operation;
(f)reclamation of affected land; and
(g)parking or staging of vehicles, equipment, or supplies unless:
(i)the activity is separated from other opencut operations by at least 25 feet and is connected to the opencut operation by a single road that is no more than 25 feet wide; or
(ii)the activity is inside the construction disturbance area shown on a construction project plan. See Montana Code 82-4-403
- Operator: means a person who holds a permit issued pursuant to this part. See Montana Code 82-4-403
- Person: means :
(a)a natural person;
(b)a firm, association, partnership, cooperative, or corporation;
(c)a department, agency, or instrumentality of the state or any governmental subdivision; or
(d)any other entity. See Montana Code 82-4-403
(2)(a) Except as provided in subsection (2)(b), each opencut operation shall submit with the annual report a fee of 4.5 cents per cubic yard of materials for all operations mined during the period covered by the report.
(b)Opencut operations that mine, extract, or produce bentonite are not subject to the fee in subsection (2)(a).
(3)The department:
(a)shall require the operator to pay the following fees:
(i)$1,500 for each permit application submitted pursuant to 82-4-432(1); and
(ii)for each amendment application submitted pursuant to 82-4-432(11):
(A)$750 if the date of the amendment application is 10 years or less from the date of the permit approval; or
(B)$1,500 if the date of the amendment application is more than 10 years from the date of the permit approval; and
(b)shall adopt rules for applications or responses that are administrative. Fees, if any, for administrative actions identified under this subsection (3) may not exceed $250.
(4)Pursuant to the provisions of 82-4-441, a person who mines materials without a permit in violation of this part shall submit a report and the fees required by subsections (2)(a) and (3)(a)(i) of this section.