40-10-1. Legislative finding. The Utah Legislature finds that: (1) Coal mining operations presently contribute significantly to the nation’s energy requirements; surface coal mining constitutes one method of extraction of the resource; the overwhelming percentage of Utah’s coal reserves can only be extracted by underground mining methods; and it is, therefore, essential to the national interest […]
40-10-10. Permit application fee — Submission of application and reclamation plan — Determinations, tests, and samplings — Filing of application — Insurance required — Blasting plan. (1) Each application for a surface coal mining and reclamation permit under the provisions of this chapter shall be accompanied by a fee as determined by the division. The […]
40-10-11. Division action on permit application — Requirements for approval — List of applicant’s mining law violation — Restoration of prime farmland. (1) (a) (i) After a complete mining application and reclamation plan or a revision or renewal of an application and plan is submitted to the division as required by this chapter and the […]
40-10-12. Revised permit and reclamation plan — Application — Transfer, assignment, or sale of rights — Revision or modification of permit provisions. (1) (a) During the term of the permit, the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the division. (b) An application for […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
40-10-18.1. Suspension of underground mining upon finding of immediate danger to inhabitants at surface. In order to protect the stability of the land, the board shall suspend underground coal mining under urbanized areas, cities, towns, and communities and adjacent to industrial or commercial buildings, major impoundments, or permanent streams if, after proper notice and hearing, […]
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 […]
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 […]
40-10-2. Purpose. It is the purpose of this chapter to: (1) grant to the Board and Division of Oil, Gas, and Mining the necessary authority to assure exclusive jurisdiction over nonfederal lands and cooperative jurisdiction over federal lands in regard to regulation of coal mining and reclamation operations as authorized pursuant to Public Law 95-87; […]
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 […]
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 […]
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 […]
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
40-10-24. Determination of unsuitability of lands for surface coal mining — Petition — Public hearing — Detailed statement by division. (1) (a) The board and division, with the advice of appropriate federal, state, and local agencies, shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to […]
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 […]
