Sec. 38-8. Summary action by director to suspend or revoke license.

   (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.)

Sec. 38-9. Appeals from action of Director.

   (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.)

Sec. 38-10. Barriers; setback.

   (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.)