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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) one publication in a daily newspaper of general circulation in Salt Lake City, Utah;
    • (b) in all newspapers of general circulation published in the county or counties in which the land affected is situated; and
    • (c) by publication in accordance with Section 45-1-101.
  • (4) In addition to the notice required in Subsection (3), an applicant shall provide notice of the hearing and a copy of the permit application, no fewer than 30 days before the hearing to:
    • (a) each mineral lessee within one-half mile of the storage reservoir’s boundaries;
    • (b) each mineral owner within one-half mile of the storage reservoir’s boundaries;
    • (c) each pore space owner within one-half mile of the storage reservoir’s boundaries;
    • (d) each surface owner of land within one-half mile of the storage reservoir’s boundaries; and
    • (e) any additional person the board identifies.
  • (5) An applicant shall serve the notice described in Subsection (4) through personal service.
  • (6) The board may, in accordance with the requirements of Section 63G-6a-116, procure the services of an administrative law judge to conduct the hearing described in Subsection (1).
  • (7) If the board procures the services of an administrative law judge, the board may rely on the decision of the administrative law judge when deciding whether to issue a permit.

Enacted by Chapter 62, 2022 General Session