Section 4 – Board and division permit authority.
Effective 5/4/2022 40-11-4. Board and division permit authority. To the extent required to authorize and issue permits and to regulate geologic carbon sequestration, the board and the division shall have authority: (1) over all persons and property necessary to administer and enforce this chapter and this chapter’s objectives; (2) to regulate activities relating to a […]
Section 5 – Permits.
Effective 5/4/2022 40-11-5. Permits. (1) Subject to the granting of primacy as described in Section 40-11-3, the board may authorize the division to issue a permit. (2) A person may only transfer a permit to another person with permission of the board. (3) A person may not engage in geologic carbon storage in the state […]
Section 6 – Permit application requirements.
Effective 5/4/2022 40-11-6. Permit application requirements. (1) A person applying for a permit shall: (a) comply with: (i) the application requirements the board establishes through rule; and (ii) the application requirements described in this section; and (b) pay a fee, as established by the board, to cover the administrative costs of considering an application for […]
Section 7 – Permit hearing.
Effective 5/4/2022 40-11-7. Permit hearing. (1) The board shall hold a public hearing before authorizing the division to issue a permit. (2) The board shall conduct the hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (3) The board shall give notice no fewer than 30 days prior to the hearing by: (a) […]
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 26 – State reclamation plan and annual projects submitted to Secretary of Interior — Contents of plan — Annual support and implementation requests — Costs for proposed projects.
40-10-26. State reclamation plan and annual projects submitted to Secretary of Interior — Contents of plan — Annual support and implementation requests — Costs for proposed projects. (1) The division will submit to the Secretary of the Interior a state reclamation plan and annual projects to carry out the purposes of this section. (2) The […]
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 […]