There is a newer version of the Utah Code
2011 Utah Code
Title 40 Mines and Mining
Chapter 10 Coal Mining and Reclamation
- Section 1 Legislative finding.
- Section 2 Purpose.
- Section 3 Definitions.
- Section 5 Activities exempted from chapter.
- Section 6 Powers, functions, and duties of board and division.
- Section 6.5 Rulemaking authority and procedure.
- Section 6.7 Administrative procedures.
- Section 7 Financial interest in mining operation prohibited -- Penalty -- Enforcement -- Quorum for board hearings.
- Section 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.
- Section 9 Permit required for surface coal mining operations -- Exemptions -- Expiration of permit -- Maximum time for commencement of mining operations -- Renewal of permit.
- Section 10 Permit application fee -- Submission of application and reclamation plan -- Determinations, tests, and samplings -- Filing of application -- Insurance required -- Blasting plan.
- Section 11 Division action on permit application -- Requirements for approval -- List of applicant's mining law violation -- Restoration of prime farmland.
- Section 12 Revised permit and reclamation plan -- Application -- Transfer, assignment, or sale of rights -- Revision or modification of permit provisions.
- Section 13 Advertisement of ownership, location, and boundaries -- Notice to interested agencies or bodies -- Objections -- Conference.
- Section 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.
- Section 15 Performance bond -- Duration of liability under bond -- Cash deposit or securities in lieu of bond -- Surety -- Adjustment of amount.
- Section 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.
- Section 17 Performance standards for all coal mining and reclamation operations -- Additional standards for steep-slope surface coal mining -- Variances.
- Section 18 Underground coal mining -- Rules regarding surface effects -- Operator requirements -- Repair or compensation for damage -- Replacement of water.
- Section 18.1 Suspension of underground mining upon finding of immediate danger to inhabitants at surface.
- Section 18.2 Applicability of other chapter provisions.
- Section 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.
- Section 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.
- Section 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.
- Section 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.
- Section 23 Time for bringing criminal proceeding.
- Section 24 Determination of unsuitability of lands for surface coal mining -- Petition -- Public hearing -- Detailed statement by division.
- Section 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.
- Section 25.1 Abandoned Mine Reclamation Fund created -- Contents -- Use of money.
- Section 25.2 Liability limitation for abandoned mine reclamation.
- Section 26 State reclamation plan and annual projects submitted to Secretary of Interior -- Contents of plan -- Annual support and implementation requests -- Costs for proposed projects.
- Section 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.
- Section 28 Recovery of reclamation costs -- Lien against reclaimed land.
- Section 28.1 Certification of completion of coal reclamation.
- Section 29 Other enforcement and protection rights unaffected -- Operator to replace adversely affected water supply of legitimate users.
- Section 30 Judicial review of rules or orders.
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