(a) (1) Except for blasting activities and as provided in this Section, a licensee must engage in excavation, mining, processing, or materials handling only between 6 a.m. and 6 p.m., Monday through Friday and 7 a.m. and 5 p.m. on Saturday. Blasting must only be conducted between 7 a.m. and 5 p.m., Monday through Friday.
(2) From 6 p.m. to 6 a.m., only administration and maintenance activities are permitted within the license boundary.
(3) A licensee may conduct secondary and tertiary crushing of materials, associated conveyance of materials inside the license boundary, and screening and stockpiling of materials, between 6 p.m. and 8 p.m., Monday through Friday, from April 1 through September 30 of each year.
(4) Only those operations necessary for administration or security of a quarry may be conducted on Sunday.
(5) Activities listed in this subsection are permitted only if sound levels do not exceed the maximum property line sound levels specified in Chapter 31B or other requirements established in this Chapter or by regulation or as a license condition.
(b) The Director may approve extended operating hours for processing and materials handling under the procedures of this subsection.
(1) A licensee may submit an application for extended operating hours at least 12 days before the extended operating hours would begin. The Director must require each applicant to pay a fee, established by regulation under method (3), that is sufficient to pay the Department's cost of processing the application, notifying the public, and monitoring the extended operating hours.
(2) After receiving an application for extended operating hours, the Director must notify the public and civic associations in each affected community by direct mail or other means that will effectively inform them of the proposed extended hours at least 10 days before the extended operating hours begin.
(3) Any person may submit written comments to the Director before the Director decides whether to approve the extended operating hours.
(4) The Director may approve extended operating hours only if the Director finds that:
(A) the applicant has shown substantial public need for the extended hours; and
(B) the public interest will generally be served by allowing the extended hours.
(5) The Director may also allow a licensee to load materials on trucks and haul the materials outside the license boundary during the extended operating hours if the Director finds that:
(A) the materials are required for work done by or for a government agency; and
(B) timely completion of the work requires that the materials be delivered to a work site between 6 p.m. and 6 a.m.
(6) Any approval order must specify the period of time during which the extended operating hours are effective and any other conditions of operation necessary to protect the public health, safety, or welfare or the environment.
(7) During extended operating hours, sound levels must not exceed the maximum property line sound levels specified in Chapter 31B or set under Section 38-14(d).
(8) The Director may require additional noise mitigation measures during extended operating hours. These measures may include:
(A) strobe light backup warning devices on mobile equipment during periods of darkness; and
(B) audible warning devices which are adjustable to 5 decibels over ambient background sound, measured 20 feet from the device.
(c) Materials must not be loaded on trucks or hauled outside the license boundary between 6 p.m. and 6 a.m., except as allowed under subsection (b)(5).
(d) The Director may require additional periodic ambient air quality or noise monitoring during activities allowed under subsection (a)(3) or extended operating hours authorized under subsection (b) when necessary to protect the public health, safety, or welfare or the environment.
(e) Notwithstanding any other provision of this Section, any independent asphalt production and distribution operation that was active within a license boundary before January 1, 1992, may operate from 6 p.m. to 6 a.m. if it complies with all applicable noise, water quality, and air quality requirements under this Chapter. This subsection does not allow any other licensee to operate during those hours. (Mont. Co. Code 1965, § 98-19; 1972 L.M.C., ch. 16, § 5; 1981 L.M.C., ch. 30, § 5; 1992 L.M.C., ch. 1, § 1; 1992 L.M.C., ch. 20, § 1.)
Note-Formerly, § 38-19.