82-4-436. Plan amendments by department. (1) Unless an amendment to a plan of operation or permit is proposed by the operator, the department may amend only the terms of a plan or permit in compliance with this section. (2) If the department believes, based on credible evidence, that a continued opencut operation under the terms of an […]
82-4-437. Annual report — fees. (1) For each opencut operation, the operator shall file an annual report on a form furnished by the department. The report must contain the information and be submitted at times provided in rules of the department. (2) (a) Except as provided in subsection (2)(b), each opencut operation shall submit with the annual report […]
82-4-438. Opencut fund — use of fund. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the opencut fund. (2) There must be deposited in the account money received from the fees established in 82-4-437. (3) Money in the fund must be spent for the purposes of administering and […]
82-4-439. Extended review — criteria — timeframes. (1) The department may subject an opencut application to an extended review if the department determines that comments received at a public meeting held pursuant to 82-4-432 reveal the proposed plan of operation violates provisions of this part. (2) (a) For a complete application subject to an extended review, the department […]
82-4-440. Repealed. Sec. 7, Ch. 545, L. 2021. History: En. Sec. 14, Ch. 334, L. 2019.
82-4-441. Administrative and judicial penalties — enforcement. (1) When the department has reason to believe that a person is in violation of this part, a rule adopted or an order issued under this part, or a term or condition of a permit issued under this part, it shall send a violation letter to the person. The […]
82-4-442. Suspension and revocation orders. (1) (a) The department may, after affording the operator an opportunity for an informal conference, order the suspension of a permit if: (i) the operator fails to comply with a penalty order or a corrective action order issued pursuant to 82-4-441; or (ii) the operator has violated this part, a rule adopted pursuant to […]
82-4-443 and 82-4-444 reserved.
82-4-445. Reclamation of abandoned mine sites. (1) Agents, employees, or contractors of the department may enter upon property for the purpose of conducting studies or exploratory work to determine whether the property has been mined and not reclaimed and rehabilitated in accordance with the requirements of this part and to determine the feasibility of restoration or […]
82-4-446. Filing of lien for abandoned mine reclamation project. (1) Before commencement of a project using public funds to restore or reclaim property or to abate, control, or prevent adverse effects of past mining practices on private property, the department may file a notice of the right to claim a lien in the clerk and recorder’s […]
