Section 28.1 – Certification of completion of coal reclamation.
40-10-28.1. Certification of completion of coal reclamation. (1) The governor may certify to the secretary of the United States Department of Interior that all of the priorities stated in Subsection 40-10-25(2) for the eligible lands and waters specified in Subsection 40-10-25(3) have been achieved. (2) (a) If the secretary concurs with the certification made by […]
Section 29 – Other enforcement and protection rights unaffected — Operator to replace adversely affected water supply of legitimate users.
40-10-29. Other enforcement and protection rights unaffected — Operator to replace adversely affected water supply of legitimate users. (1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation. […]
Section 30 – Judicial review of rules or orders.
40-10-30. Judicial review of rules or orders. (1) Judicial review of adjudicative proceedings under this chapter is governed by Title 63G, Chapter 4, Administrative Procedures Act, and provisions of this chapter consistent with the Administrative Procedures Act. (2) Judicial review of the board’s rulemaking procedures and rules adopted under this chapter is governed by Title […]
Section 27 – Entry upon land adversely affected by past coal mining practices — Conducting of studies or exploratory work — State acquisition of land — Lien — Waste disposal fund — Water pollution control and treatment plants.
40-10-27. Entry upon land adversely affected by past coal mining practices — Conducting of studies or exploratory work — State acquisition of land — Lien — Waste disposal fund — Water pollution control and treatment plants. (1) (a) If the board, after notice and hearing, makes a finding of fact as provided in Subsection (1)(b), […]
Section 28 – Recovery of reclamation costs — Lien against reclaimed land.
40-10-28. Recovery of reclamation costs — Lien against reclaimed land. (1) All reclamation costs of each project shall be recovered to the extent possible, taking into consideration the objectives of the project and the criteria under which the project was selected for reclamation work, in accordance with the following: (a) All possible reclamation costs shall […]
Section 21 – Civil action to compel compliance with chapter — Jurisdiction — Venue — Division and board as parties — Court costs — Security when temporary restraining order or injunction sought — Other rights not affected — Action for damages.
40-10-21. Civil action to compel compliance with chapter — Jurisdiction — Venue — Division and board as parties — Court costs — Security when temporary restraining order or injunction sought — Other rights not affected — Action for damages. (1) (a) Except as provided in Subsection (2), any person having an interest which is or […]
Section 22 – Violation of chapter or permit conditions — Inspection — Cessation order, abatement notice, or show cause order — Suspension or revocation of permit — Review — Costs assessed against either party.
40-10-22. Violation of chapter or permit conditions — Inspection — Cessation order, abatement notice, or show cause order — Suspension or revocation of permit — Review — Costs assessed against either party. (1) (a) Whenever, on the basis of any information available, including receipt of information from any person, the division has reason to believe […]
Section 23 – Time for bringing criminal proceeding.
40-10-23. Time for bringing criminal proceeding. No criminal proceeding based upon violation of this chapter, or any rule, regulation, or order issued under this chapter, shall be commenced or maintained unless it shall have been commenced within five years from the date of the alleged violation. Enacted by Chapter 145, 1979 General Session
Section 24 – Determination of unsuitability of lands for surface coal mining — Petition — Public hearing — Detailed statement by division.
40-10-24. Determination of unsuitability of lands for surface coal mining — Petition — Public hearing — Detailed statement by division. (1) (a) The board and division, with the advice of appropriate federal, state, and local agencies, shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to […]
Section 25 – Abandoned mine reclamation program — Expenditure priorities — Eligible lands and water — Requirements for use of funds for reclamation or drainage abatement — Priority sites — Effect of release of bond or deposit.
40-10-25. Abandoned mine reclamation program — Expenditure priorities — Eligible lands and water — Requirements for use of funds for reclamation or drainage abatement — Priority sites — Effect of release of bond or deposit. (1) Grants made to the state by the secretary of the United States Department of Interior for the administration of […]