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 13 – Advertisement of ownership, location, and boundaries — Notice to interested agencies or bodies — Objections — Conference.
40-10-13. Advertisement of ownership, location, and boundaries — Notice to interested agencies or bodies — Objections — Conference. (1) (a) At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit pursuant to the provisions of this chapter, the applicant shall submit to the […]
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 […]