- (1) Except as provided in 75-10-1411 and subsection (2) of this section, as part of a remedial action on property owned by another, mine and smelter waste may not be placed or remediated in place at a location within 200 feet of any mine excavation or opening.
(2)
- (a) The requirements of subsection (1) may be waived when, after review of an application by a person undertaking a remedial action, the department finds that the remedial action plan complies with Title 75, chapters 2, 5, and 10, and applicable rules.
- (b) The person conducting the remedial action shall reimburse the department for costs incurred by the department under this section.
- (c) Reimbursements must be deposited in the environmental rehabilitation and response account provided for in 75-1-110.
- (3) The person conducting the remedial action must have the landowner's consent before taking action under this section.
- (4) This section does not apply to facilities containing mine or smelter waste that are permitted under Title 82, chapter 4, or that were constructed prior to January 1, 2007.
History: En. Sec. 3, Ch. 200, L. 2009.