(a) Within the license boundary.
(1) Roads for entrance and exit to public roads must be at least 20 feet wide and constructed of impervious material such as concrete or asphalt.
(2) Access roads listed in subsection (1) must be constructed and maintained for a distance of 150 feet, or more, if required by the Director for dust control, from the public road into the license boundary. All other roads must be treated as needed with a preventive to control dust.
(3) The licensee must inspect and clean all vehicles exiting the license boundary so that residues or entrained material are removed from any non-load carrying parts of the vehicle. Any vehicle with any residue or entrained material on any non-load carrying part of the vehicle must not exit until it is thoroughly cleaned. The Director may, in the license, waive this condition for vehicles leaving office parking or other non-processing areas if these areas are totally segregated from other quarry activities.
(b) Outside the license boundary.
(1) When necessary, the Director may, in the license or by special order, designate truck routes to and from the quarry and restrict traffic originating at the quarry to those routes to prevent damage to public roads, to avoid unsafe traffic conditions, and to protect residential areas.
(2) All haulers must comply with routes designated under subsection (b)(1). The Director may issue a stop order to any hauler who has received 5 or more citations or warning notices for using a route other than designated routes within a 60-day period. The stop order may prohibit the licensed quarry from furnishing materials to the hauler for up to 30 days. After the Department has given a copy of the stop order to a licensee, the licensee must not furnish any quarry product to a hauler who is subject to a stop order.
(3) The licensee must keep the public roads free of foreign material and spillage, particularly dust-producing substances, at each entrance to or exit from the quarry and for a distance of up to one mile from the license boundary along the principal haul routes designated by the Director. The licensee must remove any spillage from the public roadway that originated from its quarry and properly dispose of the spillage within the license boundary.
(4) Each hauler also must remove any spillage on public roads that originated from its vehicle and properly dispose of the spillage. Each hauler and the licensee are jointly and severally responsible for cleanup of spillage within the one-mile boundary set in subsection (3) in addition to any other liability for spillage under applicable law. Beyond the one-mile boundary each hauler must remove its spillage and properly dispose of it.
(5) Unless authorized by the Director in writing, road washing is not an acceptable means of removing spillage. The Director may require a licensee or hauler to provide water quality and sediment control mitigation measures as a condition of authorizing road washing to remove a spillage from a roadway.
(6) If the licensee or haulers do not remove spillage or other quarry-related road debris from a roadway promptly, the Department or the Department of Transportation may arrange to remove the spillage or debris at the expense of the licensee and haulers. The licensee and all haulers using the quarry during the week the spillage occurred are jointly and severally responsible for this expense.
(c) The Director may waive any requirement of this Section with respect to a minor quarry if the Director finds that waiver will not significantly reduce the protection of the public health, safety, or welfare or the environment. (Mont. Co. Code 1965, § 98-18; 1981 L.M.C., ch. 30, § 4; 1992 L.M.C., ch. 1, § 1; 1996 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Formerly, § 38-18.