- (1) At any time during the life of an operation, the department may review an operating permit.
- (2) If the department determines that the modification of the reclamation plan is authorized under 82-4-337(4), MCA, it may require such modification under the procedures of (3) through (6).
- (3) The department shall send an explanation of the need for modification and a conceptual plan for modification to the permittee, by certified mail, and provide opportunity for hearing, pursuant to Title 2, chapter 4, part 6, MCA.
- (4) The permittee shall respond to the department with a request for hearing or a proposed schedule for modification or revision, not to exceed one year, within 30 days of receipt of a letter from the department.
- (5) The department may extend the one-year time frame or the time for hearing request for good cause documented by the permittee in writing.
- (6) A modification must be submitted in the form of an amendment or a revision and the department shall process the applicant's submittal in accordance with ARM 17.24.119 or 17.24.120.
Authorizing statute(s): 82-4-321, MCA
Implementing statute(s): 82-4-337, MCA
History: NEW, 1994 MAR p. 2952, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 640, Eff. 4/9/99; AMD, 2022 MAR p. 1830, Eff. 9/24/22.