MONTANA ENVIRONMENTAL INFORMATION CENTER
New Opencut Mining Law is the Pits by Anne Hedges
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n this session, one thing the Legislature did was to gut Montana’s opencut mining law to favor developers over neighbors. The opencut mining law governs sand and gravel operations, both large and small. Living next to these operations can negatively impact neighboring landowners’ water, safety, and property. Many legislators erroneously argued that HB 599 (Rep. Steve Gunderson, R-Libby) would only impact small gravel operations, but they were wrong. HB 599 not only weakens the law for small opencut mines, it fundamentally rewrites and eliminates important permitting safeguards for the largest mines in the state. Opencut mining operations can lead to dewatering of area wells, increased noise, dust, and truck traffic, and can affect the property values of neighbors. HB 599 also removes the ability of neighbors to have meaningful input in the permitting process for most opencut mine applications. The bill eliminates the authority of the
Department of Environmental Quality (DEQ) to limit noise, hours of operation, water runoff, or fire mitigation. Developers will now be able to tell DEQ that their proposed opencut mines will be “dry,” and DEQ will only have 20 days to decide whether to issue a permit – a timeframe that precludes neighbors from having time to hire experts or provide meaningful input, especially regarding whether the mine will actually be “dry” as claimed by the developer. In addition, the new law eliminates the requirement for a public hearing on the application unless there are 10 or more homes with permanent occupants, and permanent water and sewer systems within one-half mile of the mine. DEQ officially stayed neutral on the bill but provided testimony at the hearings indicating its support. Next fall, as DEQ writes rules to flesh out the details of the new law, MEIC and people living near opencut mines across the state will work to guarantee protection of water and the right of neighboring landowners to a clean and healthful environment.
Montana DEQ has developed an interactive online map of opencut mines in Montana.
Clean and Healthful, it’s Your Right, Our Mission.
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