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(a) Each licensee must, at least 30 days but not more than 60 days before the first and second anniversaries of the issuance or renewal of the license, file with the Department a certification updating the information in the most recent license application. The certification must include an updating of the site plan in accordance with Section 38-11 and a summary report of all monitoring required under the license. The certification must be signed by the persons listed in Section 38-5(b)(2).
(b) The Director must publish, at the licensee's expense, a notice of receipt of the certification at least once in a newspaper of general circulation in the area of the quarry. The notice must inform the public:
(1) that a certification has been received for the particular quarry and licensee;
(2) where the certification can be reviewed;
(3) that the department will receive written comments on the completeness and accuracy of the certification for 14 days after the notice is published; and
(4) of the date, time, and location of the information meeting under subsection (d) if one has been scheduled.
(c) The Director must send a copy of the notice to each civic organization in the area around the license boundary that has given the Department a written request to receive such notices.
(d) On request of any interested party during the 14-day comment period, the Director must conduct an information meeting within 30 days to receive public comment on the completeness and accuracy of the certification.
(e) After the information meeting, if one is held, and the 14-day comment period, the Director must decide whether the certification is complete and accurate. If the Director finds that the certification is not complete and accurate, the Director must so advise the licensee in writing.
(f) The Director may suspend any license on the anniversary of its issuance if the licensee did not timely file a complete and accurate certification as required under subsection (a). The Director must reinstate a suspended license if the Director finds, after following the process in subsections (b)-(e), that the licensee has filed a complete and accurate certification. (1992 L.M.C., ch. 1, § 1.)
(a) An applicant for issuance or renewal of a license under this Chapter must file with the application an insurance policy issued by a corporate insurance company authorized to do business in the state with the following coverages:
(1) commercial general liability coverage of at least $1,000,000; and
(2) automobile liability coverage with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence.
(b) The types or amounts of insurance required under this Section may be modified, and additional types of insurance may be required, by Executive Regulation. When issuing or renewing a license for a minor quarry, the Director may waive the requirement for automobile liability coverage under subsection (a)(2) and the additional amount of performance bond authorized under subsection (e).
(c) Any insurance policy required under this Section or Executive Regulation must provide that the Director must be given 60 days advance written notice before the policy is cancelled or materially modified.
(d) Each licensee must maintain on file with the Department:
(1) current valid insurance policies that comply with this Section and Executive Regulation; and
(2) a valid performance bond or letter of credit under this Section.
(e) A licensee must also file annually a performance bond or a letter of credit acceptable to the County Attorney in the amount of $10,000, plus $300 for each acre under license, and an additional amount found by the Director to be necessary to guarantee rehabilitation of the abandoned area as provided in the abandonment plan and compliance with other applicable provisions of this Chapter and the license. If any portion of the bond or letter of credit is drawn against to correct violations of the license or this Chapter, the licensee must immediately provide a substitute or additional bond or letter so that the full amount required is posted.
(f) The requirements of this Section supplement any insurance or bond requirement under state law. If state and County law require the licensee to obtain the same insurance policy, letter of credit, or bond, the licensee need only obtain one such policy, letter, or bond in the largest amount required by the state or County if the policy, letter, or bond is made payable to the County or jointly to the County and the state. (Mont. Co. Code 1965, § 98-6; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)
(a) If the Director finds that:
(1) the holder of a license issued under this Chapter has violated any provision of the license or this Chapter;
(2) a quarry is not being operated in a manner that ensures maximum practicable protection of the environment and the health, safety, or welfare of the public; or
(3) a quarry is being operated in a manner that may endanger the health, safety, or welfare of the public; the Director must issue a written order directing the licensee to stop the violation or to correct conditions that the Director finds endanger or do not sufficiently protect the public health, safety or welfare.
(b) The order must inform the licensee of the specific violations or conditions to be corrected.
(c) Any order or notice must be served on the licensee by:
(1) personal delivery;
(2) mail to the address on the license application; or
(3) posting the order in a conspicuous location on the premises.
(d) An order to comply, cease, or correct conditions must give the licensee a reasonable time to comply.
(e) If the licensee requests a hearing before the time for compliance, cessation, or correction expires, the Director must conduct a hearing, after notice as provided in this Section.
(f) After notice and hearing, if requested, the Director may revoke, suspend, or impose or modify conditions attached to any license or issue a further corrective order if the Director finds that:
(1) the licensee has violated this Chapter; or
(2) the continued or proposed operation of a quarry would result in less than maximum practicable protection of the environment and the health, welfare, or safety of the public.
(g) Any revocation, suspension, order modifying license conditions, or further corrective order must be in writing and include the reasons for the decision. The Director must give the licensee notice of the decision as provided in this Section.
(h) If the licensee does not comply with an order issued under subsection (a) within the specified time and does not submit a timely request for a hearing, the Director must suspend the license until the licensee complies with the order.
(i) When a license is suspended or revoked, the licensee must immediately stop all quarry operations. If a licensee does not stop operations after receiving an order suspending a license, the Director must revoke the license.
(j) A citation for a violation of a license or this Chapter issued under Section 1-18 or 1-19 is not subject to this Section. Any citation must be enforced as provided in Section 1-18 or 1-19. (Mont. Co. Code 1965, § 98-7; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)
(a) If the Director finds that the operation of any quarry poses an imminent threat to the public health, safety, or welfare, the Director must:
(1) issue an emergency corrective order, or
(2) summarily suspend or revoke a license until the threat is removed.
(b) The Director must give the affected licensee notice of and an opportunity for a hearing on the emergency order or summary suspension and revocation, as provided in Section 38-7. A request for a hearing does not stay the Director's action.
(c) The Director must hold a hearing on an order issued or action taken under subsection (a) within 10 days after receiving a request for a hearing from the affected licensee. After the hearing the Director must promptly continue, modify, or withdraw the order issued or action taken under subsection (a). (Mont. Co. Code 1965, § 98-8; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)
(a) Any applicant for a license under this Chapter, any licensee, or any other person aggrieved by any action or order of the Director (including any person who lives or works within 3 miles of a quarry who participated in the hearing before the Director if a hearing was held), may appeal to the circuit court under the state law and rules governing appeals from administrative agency actions within 10 days after the order is issued or the action is taken.
(b) An appeal by a licensee stays a suspension of a license, except an emergency suspension under Section 38-8, but an appeal does not stay denial, revocation, or refusal to renew a license or a corrective order issued by the Director unless the court grants a stay of the action or order. (Mont. Co. Code 1965, § 98-9; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)
(a) Each licensee must screen visual intrusions on any residential property created by any quarry operation in the license boundary, except access roads. The screening must be visually impenetrable to the maximum extent feasible. In reviewing the type of screening required, the Director must consider the degree of screening provided, the degree of screening achievable, the component of the quarry operation being screened, the intrusiveness of the particular activity being screened, the cost of screening, and any other relevant factor.
(b) (1) Each licensee must maintain a 75-foot deep buffer zone along the license boundary in a natural condition, undisturbed by any structure, mining, or excavation.
(2) Access or security patrol roads; directional, identification, and warning signs; security fences; and acoustical or visual screens, berms or walls must be allowed in the buffer zone.
(3) The Director may reduce the buffer depth where a 75-foot setback is not practical or undue hardship would result. Any reduction must be offset by environmental effect mitigation measures that the Director finds offer equivalent protection.
(c) The Director may waive any requirement of this Section as a license condition for a minor quarry. (Mont. Co. Code 1965, § 98-10; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)
Before issuance or renewal of a license under this Chapter the applicant must file an updated site plan, which must be corrected annually at time of certification, showing:
(a) License boundary and property boundaries, and setback area.
(b) Portion of tract actually being excavated, and proposed excavation areas.
(c) The location of each building, equipment, processing plant, stockpile, berm, overburden, and other improvement or quarry activity in the license boundary.
(d) Permanent roads and temporary haul roads.
(e) Water supply and wastewater disposal.
(f) The date of approval of a current sediment control and stormwater management plan.
(g) The date of approval of a current sediment control permit.
(h) Compliance with state air quality operating permit requirements, specifying equipment locations.
(i) Compliance with state water quality discharge permit requirements, specifying discharge locations.
(j) Location and description of each item of control equipment.
(k) Abandoned areas, slope grades of abandoned areas, and a projected schedule of future abandoned areas.
(l) Certification of compliance with this Chapter. (Mont. Co. Code 1965, § 98-11; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)
(a) The applicant for a license, or renewal of a license, must show that:
(1) the quarry complies, or before operations begin will comply, with all state water quality protection laws; and
(2) an approved sediment control and stormwater management plan is in effect, and a current sediment control permit is issued for the quarry.
(b) The licensee must not, in the license boundary or otherwise in connection with quarry activity, improperly handle, store, or dispose of any hazardous or toxic material or any other substance that may contaminate ground or surface water.
(c) Any license issued under this Chapter must require compliance with monitoring requirements and discharge limitations specified by a state National Pollutant Discharge Elimination System (NPDES) permit or any other state water quality permit. The licensee must annually provide the Department with any monitoring results associated with a state NPDES permit or any other state water quality permit.
(d) Any slope, except an area of active excavation or a temporary stockpile, must be seeded within 10 days after land disturbance activity in the area is substantially complete. A vegetative cover must be maintained on any slope required to be seeded under this subsection. In this subsection, a temporary stockpile is a stockpile which exists for 10 or more days. (Mont. Co. Code 1965, § 98-12; 1992 L.M.C., ch. 1, § 1.)
(a) Sections 22-14 and 22-71, regarding the storage and use of explosives, apply to licensees and licensed quarries.
(b) The operation of any quarry must not cause vibration by blasting, equipment operation, or any high-energy impulse that exceeds a peak particle velocity of 1 inch per second.
(c) The maximum allowable air blast must not exceed 130 linear decibels peak through the frequency range of 6-200 hertz.
(d) (1) On request of the Director, a licensee must produce a seismographic record, using response spectrum analysis, of each blast.
(2) The Director must approve the measurement method and instrumentation necessary to comply with this Section.
(3) The licensee must employ a person who is competent to use an approved instrument that has been calibrated according to the manufacturer's specifications.
(4) Vibration and air blast must be measured at the property line of the nearest occupied building that is not owned or leased by the licensee.
(e) The licensee must promptly report to the Director each blast or high-energy impulse that exceeds the standards set in subsections (b) and (c). (Mont. Co. Code 1965, § 98-13; 1981 L.M.C., ch. 30, § 1; 1992 L.M.C., ch. 1, § 1.)
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