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Bill would let DEQ issue warnings for minor mine maintenance issues before fines

March 21, 2025 | 2025 Legislature MT, Montana


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Bill would let DEQ issue warnings for minor mine maintenance issues before fines
Senate Bill 368 would allow the Department of Environmental Quality to issue a written warning and a 14‑day cure period for minor maintenance items at mining sites rather than immediately issuing notices of noncompliance and daily fines, sponsors and industry proponents told the committee.

Sponsor Senator Sue Vinton said existing mining statutes subject even small equipment leaks or knocked‑over signs to notices of noncompliance and fines of up to $5,000 per day. “SB 368 provides DEQ with the discretion [to issue] a written warning to the mine indicating that the issue does not constitute immediate noncompliance, but does require corrective action within a 14 day period,” she said.

Why it matters: Proponents from the coal industry, the Montana Coal Council, and other trade groups said the bill would let mines correct frequent, small issues quickly without triggering disproportionate penalties, while preserving enforcement for incidents that pose imminent danger or significant environmental harm.

Testimony and debate: Witnesses described typical incidents — small hydraulic or motor oil leaks cleaned up in a day or two or blown‑over traffic signs after storms — that they said should not carry the same penalty exposure as larger violations. The sponsor and proponents noted a senate amendment clarified that incidents outside the permit boundary, or those that require major operational changes, would still be permit violations.

Committee action: The committee advanced SB 368 in executive action by voice vote; the bill record shows informational DEQ staff present and questions from the committee about the change from 30 to 14 days, which the sponsor said originated in the Senate hearing.

Limits: The bill, as presented to the committee, retains enforcement for violations that pose imminent threats to public health, safety, or significant environmental harm, and for incidents that occur outside the permit boundary or would require modification of the mine plan.

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Scribe from Workplace AI
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