(a) If the Director finds that:
(1) the holder of a license issued under this Chapter has violated any provision of the license or this Chapter;
(2) a quarry is not being operated in a manner that ensures maximum practicable protection of the environment and the health, safety, or welfare of the public; or
(3) a quarry is being operated in a manner that may endanger the health, safety, or welfare of the public; the Director must issue a written order directing the licensee to stop the violation or to correct conditions that the Director finds endanger or do not sufficiently protect the public health, safety or welfare.
(b) The order must inform the licensee of the specific violations or conditions to be corrected.
(c) Any order or notice must be served on the licensee by:
(2) mail to the address on the license application; or
(3) posting the order in a conspicuous location on the premises.
(d) An order to comply, cease, or correct conditions must give the licensee a reasonable time to comply.
(e) If the licensee requests a hearing before the time for compliance, cessation, or correction expires, the Director must conduct a hearing, after notice as provided in this Section.
(f) After notice and hearing, if requested, the Director may revoke, suspend, or impose or modify conditions attached to any license or issue a further corrective order if the Director finds that:
(1) the licensee has violated this Chapter; or
(2) the continued or proposed operation of a quarry would result in less than maximum practicable protection of the environment and the health, welfare, or safety of the public.
(g) Any revocation, suspension, order modifying license conditions, or further corrective order must be in writing and include the reasons for the decision. The Director must give the licensee notice of the decision as provided in this Section.
(h) If the licensee does not comply with an order issued under subsection (a) within the specified time and does not submit a timely request for a hearing, the Director must suspend the license until the licensee complies with the order.
(i) When a license is suspended or revoked, the licensee must immediately stop all quarry operations. If a licensee does not stop operations after receiving an order suspending a license, the Director must revoke the license.
(j) A citation for a violation of a license or this Chapter issued under Section 1-18 or 1-19 is not subject to this Section. Any citation must be enforced as provided in Section 1-18 or 1-19. (Mont. Co. Code 1965, § 98-7; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)
