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 […]
Section 25.1 – Abandoned Mine Reclamation Fund created — Contents — Use of money.
40-10-25.1. Abandoned Mine Reclamation Fund created — Contents — Use of money. (1) (a) There is created an expendable special revenue fund known as the “Abandoned Mine Reclamation Fund.” (b) (i) The fund shall consist of the money specified in Subsections (2) and (3). (ii) The money of Subsection (2) shall be segregated from the […]
Section 25.2 – Liability limitation for abandoned mine reclamation.
40-10-25.2. Liability limitation for abandoned mine reclamation. (1) The state is not liable for any costs or damages resulting from action taken or not taken to carry out an abandoned mine reclamation plan. (2) (a) Subsection (1) does not preclude liability for costs or damages resulting from gross negligence or intentional misconduct by the state. […]
Section 14 – Division’s findings issued to applicant and parties to conference — Notice to applicant of approval or disapproval of application — Hearing — Temporary relief — Appeal to district court — Further review.
40-10-14. Division’s findings issued to applicant and parties to conference — Notice to applicant of approval or disapproval of application — Hearing — Temporary relief — Appeal to district court — Further review. (1) If a conference has been held under Subsection 40-10-13(2), the division shall issue and furnish the applicant for a permit and […]
Section 15 – Performance bond — Duration of liability under bond — Cash deposit or securities in lieu of bond — Surety — Adjustment of amount.
40-10-15. Performance bond — Duration of liability under bond — Cash deposit or securities in lieu of bond — Surety — Adjustment of amount. (1) After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file with the division on a form prescribed and […]
Section 16 – Release of performance bond, surety, or deposit — Inspection and evaluation of reclamation work — Action on application for release of bond — Objections — Formal hearing or informal conference.
40-10-16. Release of performance bond, surety, or deposit — Inspection and evaluation of reclamation work — Action on application for release of bond — Objections — Formal hearing or informal conference. (1) The division shall adopt and promulgate rules providing for the release of all or part of a performance bond, surety, or deposit which […]
Section 17 – Performance standards for all coal mining and reclamation operations — Additional standards for steep-slope surface coal mining — Variances.
40-10-17. Performance standards for all coal mining and reclamation operations — Additional standards for steep-slope surface coal mining — Variances. (1) Any permit issued pursuant to this chapter to conduct surface coal mining shall require that the surface coal mining operations will meet all applicable performance standards of this chapter, and such other requirements as […]
Section 18 – Underground coal mining — Rules regarding surface effects — Operator requirements — Repair or compensation for damage — Replacement of water.
40-10-18. Underground coal mining — Rules regarding surface effects — Operator requirements — Repair or compensation for damage — Replacement of water. (1) The board shall adopt rules directed toward the surface effects of underground coal mining operations that incorporate the requirements provided in this section. In adopting any rules, the board shall consider the […]
Section 18.1 – Suspension of underground mining upon finding of immediate danger to inhabitants at surface.
40-10-18.1. Suspension of underground mining upon finding of immediate danger to inhabitants at surface. In order to protect the stability of the land, the board shall suspend underground coal mining under urbanized areas, cities, towns, and communities and adjacent to industrial or commercial buildings, major impoundments, or permanent streams if, after proper notice and hearing, […]
Section 18.2 – Applicability of other chapter provisions.
40-10-18.2. Applicability of other chapter provisions. The provisions of this chapter relating to permits, sureties, bonds, inspections, and enforcement, public review, and administrative and judicial review shall be applicable to surface operations and surface impacts incident to an underground coal mine with those modifications to the permit application requirements, permit approval or denial procedures, and […]