§ 82-4-310 — Exemption -- Scale And Type Of Activity

82-4-310 . Exemption -- scale and type of activity. (1) A person is exempt from this part when the person is engaging in a mining activity that does not:
(a) use motorized excavating equipment;
(b) use blasting agents;
(c) disturb more than 100 square feet or 50 cubic yards of material at any site;
(d) leave unreclaimed sites that are less than 1 mile apart;
(e) use mercury in any operations except in a contained facility that prevents the escape of any mercury into the environment; or
(f) use a cyanide ore-processing reagent or other metal leaching solvents or reagents in any operations.
(2) A person is exempt from this part when the person is engaging in a mining activity using a suction dredge if:
(a) the dredge in use has an intake of 4 inches in diameter or less;
(b) the person does not operate the dredge beyond the area of the streambed that is naturally under water at the time of operation; and
(c) the person has obtained for the activity:
(i) project approval pursuant to Title 75, chapter 7, part 1; and
(ii) a discharge permit issued pursuant to 75-5-402 and has paid the applicable fee provided in 75-5-516 (12).
(3) This part does not apply to a person who, on land owned or controlled by that person, allows other persons to engage in mining activities if those activities cumulatively meet the requirements of subsection (1).

Legislative History

En. Sec. 24, Ch. 252, L. 1971; R.C.M. 1947, 50-1224; amd. Sec. 3, Ch. 272, L. 1997; amd. Sec. 3, Ch. 507, L. 1999; amd. Sec. 3, Ch. 468, L. 2003.