US Lawyer Database

82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited

82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited. (1) Open-pit mining for gold or silver using heap leaching or vat leaching with cyanide ore-processing reagents is prohibited except as described in subsection (2). (2) A mine described in this section operating on November 3, 1998, may continue operating under its existing operating permit […]

82-4-377. Independent review panel — selection — duties

82-4-377. Independent review panel — selection — duties. (1) An independent review panel shall review the design document required by 82-4-376. (2) The operator or permit applicant shall select three independent review engineers to serve on the panel and shall submit those names to the department. The department may reject any proposed panelists. If the department rejects […]

82-4-378. Quality assurance during construction

82-4-378. Quality assurance during construction. (1) An operator constructing a new or expanded tailings storage facility shall: (a) when indicated by the construction management plan, engage a professional engineer or other oversight specified in the plan to implement the construction management plan specified in the final design document. The professional engineer must be an employee of the […]

82-4-379. Tailings operation, maintenance, and surveillance manual

82-4-379. Tailings operation, maintenance, and surveillance manual. (1) A tailings operation, maintenance, and surveillance manual is required for a tailings storage facility. (2) For a tailings storage facility that exists on or before October 1, 2015, the tailings operation, maintenance, and surveillance manual must be developed within 180 days of October 1, 2015. For a tailings storage […]

82-4-380. Periodic review required

82-4-380. Periodic review required. (1) At least once every 5 years following department approval of a design document pursuant to 82-4-376 during mining, or as required in a reclamation plan approved pursuant to 82-4-336, the operator shall assemble a panel in accordance with the panel requirements in 82-4-377. A reasonable effort must be made to retain […]

82-4-381. Annual inspections

82-4-381. Annual inspections. (1) The engineer of record shall inspect a tailings storage facility annually during operation or as required during closure pursuant to a reclamation plan under 82-4-336. (2) (a) The engineer of record shall prepare a report describing the scope of the inspection and actions recommended to ensure the tailings storage facility is properly operated and […]

82-4-371. Reclamation of abandoned mine sites

82-4-371. Reclamation of abandoned mine sites. (1) Agents, employees, or contractors of the department may enter upon property for the purpose of conducting studies or exploratory work to determine whether the property has been mined and not reclaimed and rehabilitated in accordance with the requirements of this part and to determine the feasibility of restoration or […]

82-4-372. Filing of lien for abandoned mine reclamation project

82-4-372. Filing of lien for abandoned mine reclamation project. (1) Before commencement of a project using public funds to restore or reclaim property or to abate, control, or prevent adverse effects of past mining practices on private property, the department may file a notice of the right to claim a lien in the clerk and recorder’s […]