Title 40, Title 40: Mines and Mining

40-10-13. Advertisement of ownership, location, and boundaries -- Notice to interested agencies or bodies -- Objections -- Conference. (1) At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit pursuant to t…

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, the divis…

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 shal…

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 rele…

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 operat…

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 t…

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…

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 t…

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…

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 minin…

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) Any permittee who violates any permit condition or oth…

40-10-21. Civil action to compel compliance with chapter -- Venue -- Division and board as parties -- Court costs -- Security when temporary restraining order or injunction sought -- Other rights not affected -- Action for damages. (1) Except as provided in Subsection (2), any pe…

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) Whenever, on the basis of any information available, including r…

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 a…

40-10-24. Determination of unsuitability of lands for surface coal mining -- Petition -- Public hearing -- Detailed statement by division. (1) The board and division, with the advice of appropriate federal, state, and local agencies, shall establish a planning process enabling ob…

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 th…

40-10-25.1. Abandoned Mine Reclamation Fund created -- Contents -- Use of money. (1) There is created an expendable special revenue fund known as the "Abandoned Mine Reclamation Fund." The fund shall consist of the money specified in Subsectionsand. (2) (3) The money of Subsectio…

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) Subsectiondoes not preclude liability for costs or damages resulting…

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 ann…

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) If the board, after notice and hearing, makes a…

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 reclamati…

40-10-28.1. Certification of completion of coal reclamation. (1) The governor may certify to the secretary of the United States Department of Interior that all of the priorities stated in Subsectionfor the eligible lands and waters specified in Subsectionhave been achieved. 40-10…

40-10-29. Other enforcement and protection rights unaffected -- Operator to replace adversely affected water supply of legitimate users. (1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, the…

40-10-3. Definitions. For the purposes of this chapter: (1) "Adjudicative proceeding" means: a division or board action or proceeding determining the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including actions to g…

40-10-30. Judicial review of rules or orders. (1) Judicial review of adjudicative proceedings under this chapter is governed by, and provisions of this chapter consistent with the Administrative Procedures Act. Title 63G, Chapter 4, Administrative Procedures Act (2) Judicial revi…

40-10-5. Activities exempted from chapter. This chapter does not apply to the following activities: (1) the extraction of coal by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner; or (2) the extraction of coal as an incidental part …

40-10-6. Powers, functions, and duties of board and division. In addition to those provided in, the board and division have the following powers, functions, and duties: (1) to make and promulgate in accordance with, the rules as are specifically necessary for the regulation of co…

40-10-6.5. Rulemaking authority and procedure. (1) The board shall promulgate rules under this chapter in accordance with. Title 63G, Chapter 3, Utah Administrative Rulemaking Act (2) Except as provided in Subsection, no rule which the board adopts for the purpose of the state ad…

40-10-6.7. Administrative procedures. (1) Informal adjudicative proceedings shall be conducted by the division under this chapter and shall be referred to as conferences or informal conferences. The conduct of conferences shall be governed by rules adopted by the board which are …

40-10-7. Financial interest in mining operation prohibited -- Penalty -- Enforcement -- Quorum for board hearings. (1) No employee of the division performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface c…

40-10-8. Exploration rules issued by division -- Contents -- Confidential information not to be publicly available -- Penalty for violation -- Division approval required for removal of excess coal. (1) Coal exploration operations which substantially disturb the natural land surfa…

40-10-9. Permit required for surface coal mining operations -- Exemptions -- Expiration of permit -- Maximum time for commencement of mining operations -- Renewal of permit. (1) No person shall engage in or carry out surface coal mining operations within the state unless that per…