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 […]
Section 19 – Information provided by permittees to division — Inspections by division — Signs required at operations entrances — Violations reported by reclamation officers — Copies of records and reports available to public.
40-10-19. Information provided by permittees to division — Inspections by division — Signs required at operations entrances — Violations reported by reclamation officers — Copies of records and reports available to public. (1) For the purpose of developing, administering, and enforcing any permit under this chapter, or of determining whether any person is in violation […]
Section 20 – Civil penalty for violation of chapter — Informal conference — Public hearing — Contest of violation or amount of penalty — Collection — Criminal penalties — Civil penalty for failure to correct violation.
40-10-20. Civil penalty for violation of chapter — Informal conference — Public hearing — Contest of violation or amount of penalty — Collection — Criminal penalties — Civil penalty for failure to correct violation. (1) (a) Any permittee who violates any permit condition or other provision of this chapter may be assessed a civil penalty […]
Section 5 – Activities exempted from chapter.
40-10-5. Activities exempted from chapter. This chapter does not apply to the following activities: (1) the extraction of coal by a landowner for his own noncommercial use from land owned or leased by him; or (2) the extraction of coal as an incidental part of federal, state, or local government-financed highway or other construction under […]
Section 6 – Powers, functions, and duties of board and division.
40-10-6. Powers, functions, and duties of board and division. In addition to those provided in Title 40, Chapter 8, Utah Mined Land Reclamation Act, the board and division have the following powers, functions, and duties: (1) to make and promulgate in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the rules as are […]
Section 6.5 – Rulemaking authority and procedure.
40-10-6.5. Rulemaking authority and procedure. (1) The board shall promulgate rules under this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) Except as provided in Subsection (3), no rule which the board adopts for the purpose of the state administering a program under the federal Surface Mining Control and Reclamation […]
Section 6.7 – Administrative procedures.
40-10-6.7. Administrative procedures. (1) (a) Informal adjudicative proceedings shall be conducted by the division under this chapter and shall be referred to as conferences or informal conferences. (b) The conduct of conferences shall be governed by rules adopted by the board which are in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (2) (a) […]
Section 7 – Financial interest in mining operation prohibited — Penalty — Enforcement — Quorum for board hearings.
40-10-7. Financial interest in mining operation prohibited — Penalty — Enforcement — Quorum for board hearings. (1) No employee of the division performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates the provisions of this subsection shall, […]
Section 8 – Exploration rules issued by division — Contents — Confidential information not to be publicly available — Penalty for violation — Division approval required for removal of excess coal.
40-10-8. Exploration rules issued by division — Contents — Confidential information not to be publicly available — Penalty for violation — Division approval required for removal of excess coal. (1) Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with exploration rules issued by the division. The rules shall […]
Section 9 – Permit required for surface coal mining operations — Exemptions — Expiration of permit — Maximum time for commencement of mining operations — Renewal of permit.
40-10-9. Permit required for surface coal mining operations — Exemptions — Expiration of permit — Maximum time for commencement of mining operations — Renewal of permit. (1) No person shall engage in or carry out surface coal mining operations within the state unless that person has first obtained a permit issued by the division pursuant […]