Bill would let DEQ treat small mine maintenance issues as correctable before costly violations

Senate Bill 368, introduced by Sen. Sue Vinton, would create a formal path for DEQ to categorize certain routine, quickly correctable incidents at mine sites as "minor maintenance items" and give operators 30 days to fix them before issuance of a notice of noncompliance.

Vinton told the Senate Natural Resources Committee the bill targets everyday issues such as temporary signage knocked down by wind or small equipment leaks that do not pose imminent danger to public health or cause significant environmental harm. Under the proposal, DEQ could issue a written warning for qualifying items and allow 30 days for correction; failure to correct would open the standard enforcement path.

Westmoreland Mining and industry groups, including the Montana Coal Council, Montana Mining Association, Treasure State Resources Association and the Montana Association of Oil, Gas, and Coal Counties, testified in favor. "This is really dealing with small, minor issues that currently the DEQ doesn't have the proper tools to address," Darryl L. James said.

Opponents, including the Montana Environmental Information Center and a local rancher who testified online, said the bill narrows public notice and can remove enforcement incentives. Derf Johnson of MEIC argued the bill removes agency discretion by using mandatory language and could prevent penalties where environmental harm occurs. "That to me does not seem like an enforcement program in terms of trying to make sure that these companies are following the law," Johnson said.

Rancher Steve Charter, testifying remotely, said he lost access to water on leased land in the Bull Mountains and warned that reduced transparency and public involvement in permit violations would harm ranchers who rely on fresh water. "This bill represents an erosion of the protections that property owners and ranchers rely on to defend their land, water, and livelihoods," Charter said.

DEQ's Dan Walsh told senators the agency reviewed the bill and expects to treat items such as temporary signage, limited record-keeping deficiencies and routine maintenance of diversions as potential minor infractions under the language, but that items posing an immediate potential for adverse environmental impact would remain subject to standard enforcement.

Senators pressed proponents and DEQ on how the 30-day period would operate, whether the provision would create repeated 30-day cycles without penalty, and how the public would be notified. Proponents countered that the bill does not change permit terms and that issues requiring a permit revision or presenting significant environmental risk would not qualify as "minor maintenance items." Vinton asked the committee for a "do pass." The hearing closed without a committee vote.

Why it matters: The bill would change the enforcement pathway for routine, fixable problems at mine sites across Montana. Proponents say it avoids disproportionate penalties for trivial matters; opponents say it risks weakening enforcement and reducing public participation in environmental oversight.