BE IT ENACTED BY THE PEOPLE OF THE
STATE OF
Section 1. Section
82-4-390, MCA, is amended to read:
82-4-390. Cyanide heap and vat leach open-pit gold and
silver mining prohibited restricted. (1) Open-pit mining for gold
or silver using heap leaching or vat leaching with cyanide ore-processing
reagents is prohibited except as described in subsection (2) this
section.
(2)
An application for a permit or permit amendment for a
mine described in subsection (1) must comply with the requirements of
subsections (3) through (9), and other applicable provisions of this part.
(3)
Tailings impoundments, leach pads, ponds, and related
processing components that use cyanide ore-processing reagents must be designed
to fully contain all processing fluids, including all accumulations resulting
from a 24-hour storm event with a 100-year recurrence interval, and must have a
primary synthetic liner, a secondary liner, and a system for the detection of
leaks. There must be a contingency
system for the recovery of fluids if a leak occurs.
(4)
A vat, tank, or other container that contains cyanide
ore-processing reagents must have a secondary containment system with a volume
equal to 125% of the volume of the largest vat, tank, or other container.
(5)
The department may impose additional containment
requirements based on proximity to surface water and ground water.
(6)
Contingency plans for managing process flows in excess
of the design quantity must be described in an operating permit under
subsection (2).
(7)
An operating permit under subsection (2) must include
a program for monitoring the quality of any surface water or ground water that
may be affected by the mine operations. The type, number, and location of the
places at which monitoring will occur must be approved by the department. In determining the location of places at
which monitoring will occur, consideration must be given to the geology and
hydrogeology of the area in which the mine is located.
(8)
A permit under subsection (2) must be conditioned upon
the applicant’s compliance with all applicable air quality and water quality
provisions of Title 75, Chapters 2 and 5, and this part, as determined by the
department, and all other applicable state and federal statutes and
administrative rules.
(9)
A permit under subsection (2) may not be issued until
the applicant has given sufficient reclamation financial assurance to the
department under 82-4-338.
(10)
A mine described in this section subsection
(1) operating on
NEW
SECTION. Section 2.
Restoration of lost contractual interests and rights. A person
whose contractual interest or right in a mineral estate was diminished or lost
as a consequence of the enactment of the law codified as 82-4-390(1) is
restored to the same legal rights, privileges, and obligations related to such
interest or right, as the person had on
NEW
SECTION. Section 3.
Severability. If a part of this act is
invalid, all valid parts that are severable from the invalid part remain in
effect. If a part of this act is invalid in one or more of its applications,
the part remains in effect in all valid applications that are severable from
the invalid applications.
NEW SECTION. Section 4. Immediate effective date. This act is effective upon approval by the electorate.