Title 40, Title 40: Mines and Mining

40-6-9.5. Permits for crude oil production -- Application -- Bond requirement -- Closure of facilities -- Availability of records. (1) The division may issue permits authorizing construction, operation, maintenance, and cessation of treating facilities and operations covered by S…

40-7-1. Interstate compact to conserve oil and gas -- Authority for governor to join. The governor of the state of Utah is authorized and directed, for and in the name of the state of Utah to join with the other states in the Interstate Oil Compact to Conserve Oil and Gas, which …

40-7-2. Authority for governor to execute extensions or withdraw from compact. The governor of the state of Utah is authorized and empowered, for and in the name of the state of Utah to execute agreements for further extension of the expiration date of said compact to conserve oi…

40-7-3. Official representative -- Assistant representative. The governor shall be the official representative of the state of Utah on the "Interstate Oil Compact Commission" provided for in the compact to conserve oil and gas, and shall exercise and perform for the state all of …

40-8-1. Short title. This act shall be known and may be cited as the "Utah Mined Land Reclamation Act."

40-8-10. Notice. Except as otherwise provided in this chapter, any notification required by this chapter shall be: (1) given by the board or division by personal service to individuals directly affected; and by one publication in a daily newspaper of general circulation in Salt L…

40-8-11. Budget of administrative expenses -- Procedure -- Division authority to appoint or employ consultants. (1) The division, with the approval of the board, shall prepare a budget of the administrative expenses in carrying out the provisions of this act for the fiscal year n…

40-8-12. Objectives. The objectives of mined land reclamation are: (1) to return the land, concurrently with mining or within a reasonable amount of time thereafter, to a stable ecological condition compatible with past, present, and probable future local land uses; (2) to minimi…

40-8-12.5. Reclamation required. Every operator shall be obligated to conduct reclamation and shall be responsible for the costs and expenses thereof.

40-8-13. Notice of intention required before mining operations -- Assurance of reclamation required in notice of intention -- When contents confidential -- Approval of notice of intention not required for small mining operations -- Procedure for reviewing notice of intention. (1)…

40-8-13.1. Procedures for review of permit orders. (1) As used in this section, "party" means: the division; the operator whose proposed mining operation is at issue in the permit order; or if granted intervention by the board: the municipality or county in which the proposed min…

40-8-14. Surety requirement -- Liability of small mining operations for failure to reclaim -- Forfeiture of surety. (1) After receiving notification that a notice of intention for mining operations has been approved, but prior to commencement of those operations, the operator sha…

40-8-15. Notice of commencement to division -- Operations and progress report. (1) Within 30 days after commencement of mining operations under an approved notice of intention, the operator shall give notice of such commencement to the division. (2) At the end of each calendar ye…

40-8-16. Approved notice of intention valid for life of operation -- Withdrawal, withholding, or refusal of approval -- Procedure and basis. (1) An approved notice of intention or approved revision of it remains valid for the life of the mining operation, as stated in it, unless …

40-8-17. Responsibility of operator to comply with applicable rules, regulations and ordinances -- Inspections. (1) The approval of a notice of intention shall not relieve the operator from responsibility to comply with all other applicable statutes, rules, regulations, and ordin…

40-8-18. Notice of intention to amend or revise operations -- Procedure. (1) An operator conducting mining operations under an approved notice of intention for a large mining operation or a complete notice of intention for a small mining operation shall submit to the division an …

40-8-19. Transfer of mining operation under approved notice of intention. Whenever an operator succeeds to the interest of another operator who holds an approved notice of intention or revision covering a mining operation, by sale, assignment, lease, or other means, the division …

40-8-2. Legislative findings. The Utah Legislature finds that: (1) A mining industry is essential to the economic and physical well-being of the state of Utah and the nation. (2) It is necessary to alter the surface of the earth to extract minerals required by our society, but th…

40-8-20. Applicability. This act shall apply to all lands in the state of Utah lawfully subject to its police power. No political subdivision of this state shall enact laws, regulations, or ordinances which are inconsistent with this act.

40-8-21. Temporary suspension or termination of operations -- Notice to division -- Evaluation and inspection -- Release of surety -- Evidence of compliance. (1) In the case of a temporary suspension of mining operations, excluding labor disputes, expected to be in excess of five…

40-8-22. Division cooperation -- Agreements. (1) The division shall cooperate with other state agencies, local governmental bodies, agencies of the federal government, and appropriate private interest in the furtherance of the purposes of this act. (2) The division is authorized …

40-8-23. Effective dates -- Exceptions. This act shall become effective 60 days after adjournment of the Legislature except as follows: (1) Mining operations which are active on the effective date of this act will be required to prepare and submit a notice of intention on or befo…

40-8-3. Purpose. The purpose of this act is to provide that from the effective date of the act, except as otherwise provided in this act, all mining in the state shall include plans for reclamation of the land affected.

40-8-4. Definitions. As used in 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 grant, deny…

40-8-5. Authority to enforce chapter -- Coordination of procedures -- Department of Environmental Quality. (1) The board and the division have jurisdiction and authority over all persons and property, both public and private, necessary to enforce this chapter. The delegation of a…

40-8-5.5. Fast track permitting for critical minerals. (1) As used in this section: "Critical mineral" means the same as that term is defined in Section. 79-10-101 "Critical minerals project" means an activity requiring one or more state permits related to the extraction or proce…

40-8-6. Board -- Powers, functions, and duties. In addition to those provided in, the board has the following powers, functions, and duties: (1) To enact rules according to the procedures and requirements of, that are reasonably necessary to carry out the purposes of this chapter…

40-8-7. Board and division -- Authority. (1) The board and the division may require: that a notice of intention for all mining operations be filed with, and approved by, the division, before the mining operation commences or continues pursuant to Sectionsand; 40-8-13 40-8-23 the …

40-8-8. Board authority to act -- Entry of order -- Confidential data. (1) The board may: file a notice of agency action; or respond to a request for agency action initiated by an affected person. (2) The board shall enter its order within 60 days after the hearing. All orders en…

40-8-9. Evasion of chapter or orders -- Penalties -- Limitations of actions -- Violation of chapter or permit conditions -- Inspection -- Cessation order, abatement notice, or show cause order -- Suspension or revocation of permit -- Review -- Division enforcement authority -- Ap…

40-8-9.1. 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 -- Civil penalties. (1) A permittee who violates a permit c…

40-9-101. Title. This chapter is known as "Interstate Mining Compact."

40-9-102. Text of compact. The Interstate Mining Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:(1) The party States find that:(a) Mining and the contributions thereof to the economy an…

40-9-103. Participation by Utah. (1) The governor may appoint the director of the Division of Oil, Gas, and Mining to serve as the governor's official representative to the Interstate Mining Commission. (2) A copy of the bylaws of the Interstate Mining Commission shall be: placed…

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 r…

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 o…

40-10-11. Division action on permit application -- Requirements for approval -- List of applicant's mining law violation -- Restoration of prime farmland. (1) After a complete mining application and reclamation plan or a revision or renewal of an application and plan is submitted…

40-10-12. Revised permit and reclamation plan -- Application -- Transfer, assignment, or sale of rights -- Revision or modification of permit provisions. (1) During the term of the permit, the permittee may submit an application for a revision of the permit, together with a revis…

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…