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Committee backs bill clarifying compliance for mine detention ponds after extreme storms
Summary
Senate Bill 365 clarifies that detention ponds designed to DEQ standards are not automatically out of compliance during unusual multiple-storm events if operators are actively working to dewater and restore capacity; proponents said the change prevents automatic fines and is a reasonable technical fix.
Senator Barry Usher introduced Senate Bill 365, which clarifies that detention ponds constructed according to DEQ design standards should not be deemed out of compliance solely because sequential storm events temporarily exceed design capacity, provided operators are making timely efforts to dewater and restore capacity.
Why it matters: Proponents said extreme or back-to-back storms can temporarily overwhelm detention basins, and automatic noncompliance with fines—up to $5,000 per day—can follow even when operators followed design standards and were working to restore capacity.
Daryl James, representing Westmoreland Mining (Rosebud Mine at Colstrip), told the committee that building larger detention basins is often impractical because of cost and footprint, and that downstream siltation structures and basin design help protect water quality. George Harris, executive director of the Montana Coal Council, said the bill is a reasonable technical clarification that allows DEQ and operators to plan timely dewatering rather than immediately imposing fines.
Committee action: The committee voted to concur in executive action and sent SB365 to the floor by voice vote with proxy ayes recorded; Representative Henkel was noted as the floor carrier.
Next steps: The bill advances to the full House for floor consideration; DEQ remains the primary technical agency for design standards and post‑event review.
