(a) Minimum rehabilitation requirements.
(1) An applicant for a license or license renewal must file with the application an abandonment plan for the safe and environmentally sound termination of quarry activities on any property within the license boundary. As each site or part of a site is abandoned in accordance with the abandonment plan, the licensee must perform the following minimum rehabilitation program to the area abandoned. Failure to renew the license for a site or part of a site is conclusive evidence that the area is abandoned.
(A) Regrading. All disturbed land must be regraded to no more than the maximum stable slope angle as the Department determines for the particular site.
(B) Drainage. All damming or ponding areas within the abandoned site must be drained and filled, except where dams and ponds were in existence before the quarry was licensed or where authorized to remain by the Director for soil erosion or other rehabilitation purposes.
(C) Landscaping, erosion and backfilling. All piles of disturbed earth or material resulting from the excavating operation must be graded to a smooth contour to control erosion and to prevent ponding and undrained water pockets. Whenever erosion may cause silting of streams or wash onto public roads, or may cause erosion or silting on adjoining property not owned by the licensee, the area causing erosion or wash must be graded, covered with suitable soil to sustain growth, and then sodded or seeded. All such areas not sodded must be landscaped by planting grass and trees where soil conditions permit. Seedling trees must be planted at a rate of at least 200 per acre as required by the Director and maintained through 1 year's growth. Other reasonable measures to prevent erosion may be prescribed by the Director as necessary.
(D) Removal of machinery and buildings. All machinery and buildings must be completely removed and underlying excavations filled and properly compacted to grade, except such buildings or machinery that are to be continued in operation for a use permitted under the zoning classification.
(E) Fencing. Whenever the side of any excavation is greater than 75% grade, the excavated area must be fenced with a durable galvanized or masonry fence 6 feet high, located not less than 20 feet from the edge of the quarry excavation. The Department may enter and repair or maintain such fence whenever the licensee or property owner has failed to do so after notice and a reasonable opportunity to comply. The licensee and property owner are liable to the county for the cost of repairs or maintenance.
(F) Prohibited fill. Solid waste, as defined in Chapter 48, must not be used as fill for the abandoned quarry unless the quarry is licensed as an approved place of final disposal under Chapter 48 and state law. However, nothing in this Chapter prevents the use of excavation for a solid waste acceptance facility under applicable law and regulations.
(G) Performance bond. Failure of the licensee or property owner, after notice, to comply with the approved abandonment plan, license, or this Chapter must cause the performance bond or security to be forfeited. The Director must use the proceeds to correct the violation of the license or this Chapter or to carry out the approved rehabilitation plan including the minimum rehabilitation requirements hereunder. If the cost of correction or rehabilitation exceeds the bond amount, the licensee and the property owner are jointly and severally liable for all excess costs incurred by the County.
(H) Access roads. All access roads must be suitably barricaded to prevent the passage of vehicles in or out of the abandoned area, except as needed for vehicles engaged in rehabilitation work until the plan for rehabilitation has been completed and other use necessitating access has commenced on the property.
(b) Exception. Quarries already abandoned on November 9, 1961, are not subject to this Section. (Mont. Co. Code 1965, § 98-21; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)
Note-Formerly, § 38-21.