(1) An operator shall comply with the provisions of its
permit, this subchapter, and the Act. The department may issue an order
requiring abatement of a violation within a reasonable time. The applicant may
request an extension of the deadline, giving the reason the extension is
necessary, and the department may grant the extension upon finding that good
cause for the extension has been shown. The permittee shall comply with the
abatement order within the time set in the order or extension.
(2) A permittee may allow
another person to mine and process mine materials at the permitted operator's
site, only if the permittee retains control over that person's activities and
ensures that no violations of the Act, this subchapter, or the permit occur.
If the person violates the provisions of the Act, this subchapter, or the
permit, the permittee is responsible for the violation, and the department may
require abatement pursuant to (1) .
(3) A person who conducts opencut
operations at a nonpermitted site and who was obligated to obtain a permit is
in violation of 82-4-431, MCA, and the department may issue an order requiring
cessation of the operation and may also order abatement of the violation,
including reclamation of the site, within a reasonable time. The person may
request an extension of the deadline, giving reasons why the extension is
necessary, and the department may grant extensions upon a finding that good
cause for the extension has been shown. The person shall comply with the
abatement order within the time required by the order or extension.