82-4-438. Opencut fund — use of fund
82-4-438. Opencut fund — use of fund. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the opencut fund. (2) There must be deposited in the account money received from the fees established in 82-4-437. (3) Money in the fund must be spent for the purposes of administering and […]
82-4-439. Extended review — criteria — timeframes
82-4-439. Extended review — criteria — timeframes. (1) The department may subject an opencut application to an extended review if the department determines that comments received at a public meeting held pursuant to 82-4-432 reveal the proposed plan of operation violates provisions of this part. (2) (a) For a complete application subject to an extended review, the department […]
82-4-440. Repealed
82-4-440. Repealed. Sec. 7, Ch. 545, L. 2021. History: En. Sec. 14, Ch. 334, L. 2019.
82-4-441. Administrative and judicial penalties — enforcement
82-4-441. Administrative and judicial penalties — enforcement. (1) When the department has reason to believe that a person is in violation of this part, a rule adopted or an order issued under this part, or a term or condition of a permit issued under this part, it shall send a violation letter to the person. The […]
82-4-442. Suspension and revocation orders
82-4-442. Suspension and revocation orders. (1) (a) The department may, after affording the operator an opportunity for an informal conference, order the suspension of a permit if: (i) the operator fails to comply with a penalty order or a corrective action order issued pursuant to 82-4-441; or (ii) the operator has violated this part, a rule adopted pursuant to […]
82-4-443. and 82-4-444 reserved
82-4-443 and 82-4-444 reserved.
82-4-427. Hearing — appeal — venue
82-4-427. Hearing — appeal — venue. (1) (a) Subject to subsections (1)(b) and (1)(c), a person whose interests are or may be adversely affected by a final decision of the department to approve or disapprove a permit application and accompanying material or a permit amendment application and accompanying material under this part is entitled to a […]
82-4-428. through 82-4-430 reserved
82-4-428 through 82-4-430 reserved.
82-4-431. Permit for mining, processing, and reclamation required
82-4-431. Permit for mining, processing, and reclamation required. (1) Except as provided in subsections (2) and (3), a permit is required for an operator who: (a) conducts an opencut operation that results in the removal of more than 10,000 cubic yards of materials and overburden; or (b) conducts an opencut operation where less than 10,000 cubic yards of […]
82-4-432. Application for permit — contents — issuance — amendment
82-4-432. Application for permit — contents — issuance — amendment. (1) (a) An operator who requires a permit pursuant to 82-4-431 shall apply for a permit on forms furnished by the department prior to commencing operations. (b) Operations subject to subsections (2) through (13) are those: (i) that affect ground water or surface water, including intermittent or perennial […]