§ 82-4-101 Short title
§ 82-4-102 Intent — findings — policy and purpose
§ 82-4-103 Definitions
§ 82-4-104 Application
§ 82-4-111 Repealed
§ 82-4-112 Administration
§ 82-4-113 Receipts paid into general fund
§ 82-4-121 Permit required
§ 82-4-122 Application and approval of permit
§ 82-4-123 Permit fee and surety bond
§ 82-4-124 Permit — authority under and renewal
§ 82-4-125 Refusal of permit
§ 82-4-126 When information may be used to meet strip-mining or underground-mining permit requirements
§ 82-4-127 Effect of siting permit on subsequent mining permits
§ 82-4-128 Termination of permit
§ 82-4-129 Noncompliance — suspension of permits
§ 82-4-130 Procedure for hearings
§ 82-4-141 Violation — penalty
§ 82-4-142 Mandamus to compel enforcement

Terms Used In Montana Code > Title 82 > Chapter 4 > Part 1 - Strip and Underground Mine Siting

  • Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 82-4-103
  • Coal: means a combustible carbonaceous rock formed from the compaction and induration of variously altered plant remains. See Montana Code 82-1-111
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-103
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Mineral: means mineral as defined in 82-4-203. See Montana Code 82-4-103
  • Operation: means all of the premises, facilities, railroad loops, roads, power lines, and equipment used in the process of producing and removing mineral from a designated strip-mine or underground-mine area. See Montana Code 82-4-103
  • Operator: means a person who intends to operate a new strip mine or new underground mine involving the removal of more than 10,000 cubic yards of mineral or overburden. See Montana Code 82-4-103
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a person, partnership, corporation, association, or other legal entity or any political subdivision or agency of the state. See Montana Code 82-4-103
  • Preparatory work: means all onsite disturbances, excluding prospecting, associated with the initiation of a new strip mine or underground mine, including but not limited to the construction of railroad spurs or loops, buildings to house mining operations, roads, storage and train load-out facilities, transmission lines, erection of draglines and loading shovels, and other associated facilities. See Montana Code 82-4-103
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Strip mining: means any part of the process followed in the production of mineral by the opencut method, including mining by the auger method or any similar method that penetrates a mineral deposit and removes mineral directly through a series of openings made by a machine that enters the deposit from a surface excavation or any other method or process in which the strata or overburden is removed or displaced in order to recover the mineral. See Montana Code 82-4-103
  • Underground mining: means any part of the process that is followed in the production of a mineral and that uses vertical or horizontal shafts, slopes, drifts, or incline planes connected with excavations penetrating the mineral stratum or strata. See Montana Code 82-4-103
  • Writing: includes printing. See Montana Code 1-1-203