75-10-1404. Minimum reclamation standards.
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/mt/title-75/chapter-10/part-14/75-10-1404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
75-10-1404 . Minimum reclamation standards.
(1)Except as provided in 75-10-1411 , mine and smelter waste repositories constructed by persons undertaking a remedial action on property owned by another must be capped with a minimum of 24 inches of cover material, including a minimum of 6 inches of topsoil, and revegetated as provided in subsection (3).
(2)Except as agreed to by the person undertaking the remedial action and the property owner or as provided in 75-10-1411 , locations where mine or smelter waste has been removed by a person undertaking a remedial action on property owned by someone other than the waste owner must be capped by a minimum of 6 inches of topsoil and revegetated as provided in subsection (3).
(3)Except as provided in 75-10-1411 :
(a)mine and smelter waste repositories or lands where mine or smelter waste has been removed must be revegetated using plant species native to the area; and
(b)revegetated areas must achieve a vegetative cover equal to 85% of the vegetation cover of adjacent lands that were not previously disturbed within 3 years of the initial seeding.