Utah Code § 40-13-202 — Utah Code / Title 40 / Chapter 40-13 / § 40-13-202
§ 40-13-202. Inspections -- Cessation orders -- Civil penalties.
Status: in_force

(1) (a) If, on the basis of information available, the division has reason to believe that a person is in violation of this chapter, an order issued under this chapter, a rule made under this chapter, or a permit condition required by this chapter, the division shall immediately order inspection of the brine mining operation at which the alleged violation is occurring, unless the information available to the division is a result of a previous inspection of the brine mining operation. (b) (i) If, on the basis of an inspection, the division determines that a condition or practice exists, or that a permittee is in violation of this chapter, an order issued under this chapter, a rule made under this chapter, or a permit condition required by this chapter, and the condition, practice, or violation creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the division shall immediately order cessation of brine mining operations or the portion of brine mining operations relevant to the condition, practice, or violation. (ii) The cessation order shall remain in effect until the division determines that the condition, practice, or violation is abated, or until the division modifies, vacates, or terminates the order. (iii) If the division finds that the ordered cessation of brine mining operations, or a portion of the brine mining operations, does not completely abate the imminent danger to the health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the division shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the division considers necessary to abate the imminent danger or the significant environmental harm. (c) (i) If, on the basis of an inspection, the division determines that a permittee is in violation of this chapter, an order issued under this chapter, a rule made under this chapter, or a permit condition required by this chapter, but the violation does not create an imminent danger to the health or safety of the public or cannot be reasonably expected to cause significant, imminent environmental harm to land, air, or water resources, the division shall issue a notice to the permittee or the permittee's agent specifying a reasonable time, but not more than 90 days, for the abatement of the violation and providing an opportunity for an informal conference with the division. (ii) If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown, and upon the written finding of the division, the division finds that the violation has not been abated, the division shall immediately order a cessation of brine mining operations or the portion of the brine mining operation relevant to the violation. (iii) A cessation order issued under this Subsection (1)(c) remains in effect until the division determines that the violation is abated or until the division modifies, vacates, or terminates the order. (iv) In a cessation order issued by the division under this Subsection (1)(c), the division shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order. (d) (i) A notice or order issued under this section shall set forth with reasonable specificity: (A) the nature of the violation and the remedial action required; (B) the period of time established for abatement; and (C) a reasonable description of the portion of the mining and reclamation operation to which the notice or order applies. (ii) The division shall promptly give a notice or order issued under this section to the permittee or the permittee's agent. (iii) The division shall give a notice or order in a writing signed by the director or the director's authorized representative who issues the notice or order. (iv) The division may modify, vacate, or terminate a notice or order issued under this section. (2) (a) The division may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, if the permittee or the permittee's agent: (i) violates or fails or refuses to comply with an order or decision issued by the division under this chapter; (ii) interferes with, hinders, or delays the division, or the division's authorized representative, in carrying out this chapter; (iii) refuses to admit an authorized representative to the brine well; (iv) refuses to permit inspection of the brine well by an authorized representative; or (v) refuses to furnish information or a report requested by the division in furtherance of this chapter. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the attorney general brings the action described in Subsection (2)(a) in court, the attorney general shall bring the action in the county in which: (i) the brine mining operation and reclamation operation is located; or (ii) the permittee of the brine mining operation or reclamation operation has the permittee's principal office. (c) (i) The court has jurisdiction to provide the relief requested in accordance with this Subsection (2). (ii) Relief granted by the court to enforce an order under Subsection (2)(a)(i) shall continue in effect until the completion or final termination of all proceedings for review of that order under this chapter, unless, before completion or termination, the court granting the relief sets the order aside or modifies the order. (3) (a) (i) A permittee issued a notice or order by the division, pursuant to Subsection (1)(b) or (c), or a person having an interest that may be adversely affected by the notice or order, may apply to the board for review of the notice or order by no later than 30 days of receipt of the notice or order, or no later than 30 days of a modification, vacation, or termination of the notice or order. (ii) On receipt of an application under Subsection (3)(a)(i), the board shall pursue an investigation as the board considers appropriate. (iii) An investigation pursued by the board shall provide an opportunity for a public hearing at the request of the applicant or the person having an interest that is or may be adversely affected, to enable the applicant or that person to present information relating to the issuance and continuance of the notice or order or the modification, vacation, or termination of the notice or order. (iv) The filing of an application for review under this Subsection (3)(a) does not operate as a stay of an order or notice. (b) The board shall give a permittee or other interested person written notice of the time and place of the hearing at least five days before the hearing. (c) (i) Pending completion of the investigation and hearing required by this section, the applicant may file with the board a written request that the board grant temporary relief from any notice or order issued under this section, with a detailed statement giving the reasons for granting this relief. (ii) The board shall issue an order or decision granting or denying this relief expeditiously. (d) (i) Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to this section, the board shall hold a public hearing, after giving written notice of the time, place, and date of the hearing. (ii) By no later than 60 days following the public hearing, the board shall issue and give the permittee and all other parties to the hearing, a written decision, and the reasons for the decision, regarding suspension or revocation of the permit. (iii) If the board revokes a permit, the permittee shall immediately cease brine mining operations on the permit area and shall complete reclamation within a period specified by the board, or the board shall declare the surety forfeited for the brine mining operation. (e) An action taken by the board under this section, or any other provision of this chapter, is subject to judicial review by a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (4) (a) (i) The division may assess a permittee a civil penalty if the permittee violates a permit condition, this chapter, an order issued under this chapter, or a rule made under this chapter. (ii) If a violation leads to the issuance of a cessation order under Subsection (1), the division shall assess a civil penalty. (b) (i) A civil penalty under this Subsection (4) may not exceed $5,000 for each violation. (ii) Each day of a continuing violation may be considered to be a separate violation for purposes of the civil penalty assessments. (c) In determining the amount of the civil penalty, the division shall consider: (i) the permittee's history of previous violations at the particular brine mining operation; (ii) the seriousness of the violation, including any irreparable harm to the environment or hazard to the health or safety of the public; (iii) whether the permittee was negligent; and (iv) the demonstrated good faith of the permittee in attempting to achieve rapid compliance after notification of the violation. (5) (a) By no later than 30 days after the issuance of a notice or order charging a violation has occurred, the division shall inform the permittee of a proposed assessment under Subsection (4). (b) A person charged with the civil penalty has 30 days after issuance of a notice or order to: (i) pay the proposed assessment in full; or (ii) request an informal conference with the division. (c) An informal conference held by the division may address either the amount of the proposed assessment, the fact of the violation, or both. (d) If a permittee who requests an informal conference and participates in the proceedings is not in agreement with the results of the informal conference, the permittee may, within 30 days of receipt of the decision made by the division in the informal conference, request a hearing before the board. (e) (i) Before review of the division's decision under Subsection (5)(d) by the board, and by no later than 30 days of receipt of the division's decision, the permittee shall forward to the division the amount of the proposed assessment for placement in an escrow account. (ii) If the permittee fails to forward the amount of the civil penalty to the division by no later than 30 days of receipt of the results of the informal conference, the operator waives the opportunity for further review of the fact of the violation or to contest the amount of the civil penalty assessed for the violation. (iii) If the board or a court determines that no violation occurred or that the amount of the civil penalty should be reduced, the division shall, within 30 days, remit the appropriate amount to the operator with interest accumulated. (6) (a) A civil penalty assessed by the division is final only after the person charged with a violation described under Subsection (4) has been given an opportunity for a public hearing. (b) If a public hearing is held, the board shall make findings of fact and shall issue a written decision as to the occurrence of the violation and the amount of the civil penalty which is warranted, incorporating, when appropriate, an order requiring that the civil penalty be paid. (c) When appropriate, the board shall consolidate a hearing with other proceedings under Section 40-13-201. (d) If a person charged with a violation does not attend the public hearing, the division may assess a civil penalty after the division: (i) determines: (A) that a violation occurred; and (B) the amount of the civil penalty that is warranted; and (ii) issues an order requiring that the civil penalty be paid. (7) At the request of the board, the attorney general may bring a civil action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to recover a civil penalty owed under this chapter. (8) (a) The division shall assess an operator who fails to correct a violation for which a notice or cessation order has been issued under Subsection (1)(b) within the period permitted for a correction of the violation a civil penalty of not less than $750 for each day during which the failure or violation continues. (b) The period permitted for correction of a violation for which a notice of cessation order has been issued under Subsection (1)(b) may not end until: (i) the entry of a final order by the board, in a review proceeding initiated by the operator, in which the board orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements; or (ii) the entry of an order of the court after a review proceeding initiated by the operator, in which the court orders the suspension of the abatement requirements of the citation. (9) The division shall deposit money received by the state from civil penalties collected from actions resulting from this chapter into the Abandoned Mine Reclamation Fund established under Section 40-10-25.1 and shall use the money for the reclamation of mined land impacts not covered by reclamation surety. (10) The division may not commence or maintain a suit, action, or other proceeding based upon a violation of this chapter, an order issued under this chapter, a rule made under this chapter, or a permit condition under this chapter, unless the suit, action, or proceeding is commenced within five years from the date of the alleged violation.
Utah Code § 40-14-204 — Utah Code / Title 40 / Chapter 40-14 / § 40-14-204
§ 40-14-204. Rulemaking authority.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules to establish: (1) the requirements for identifying a permit as an eligible permit; (2) the requirements for expedited review; (3) the requirements for certifying a qualified reviewer; (4) the maximum number of days for a qualified reviewer to complete an expedited review; (5) the maximum number of days for the division to make a final administrative decision upon completion of an expedited review; and (6) public comment requirements in accordance with federal and state law.
Utah Code § 40-10-18 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-18
§ 40-10-18. Underground coal mining -- Rules regarding surface effects -- Operator requirements -- Repair or compensation for damage -- Replacement of water.
Status: in_force

(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 distinct difference between surface coal mining and underground coal mining methods. (2) Each permit relating to underground coal mining issued pursuant to this chapter shall require the operator to comply with this section. (3) (a) Except in those instances where the mining technology used requires planned subsidence in a predictable and controlled manner, the operator shall adopt measures consistent with known technology to: (i) prevent subsidence from causing material damage, to the extent technologically and economically feasible; (ii) maximize mine stability; and (iii) maintain the value and reasonably foreseeable use of the surface lands. (b) Nothing in Subsection (3)(a) shall be construed to prohibit the standard method of room and pillar mining. (4) The operator shall seal all portals, entryways, drifts, shafts, or other openings between the surface and underground mine working when no longer needed for the conduct of the mining operations. (5) The operator shall fill or seal exploratory holes no longer necessary for mining, maximizing to the extent technologically and economically feasible, the return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or excavations. (6) (a) With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine workings or excavations, the operator shall stabilize all waste piles created from current operations through construction in compacted layers, including the use of incombustible and impervious materials, if necessary. (b) The operator shall assure that: (i) the leachate will not degrade surface or ground waters below water quality standards established pursuant to applicable federal and state law; (ii) the final contour of the waste accumulation will be compatible with natural surroundings; and (iii) the site is stabilized and revegetated according to the provisions of this section. (7) In accordance with the standards and criteria developed pursuant to Section 40-10-17, the operator shall design, locate, construct, operate, maintain, enlarge, modify, and remove or abandon all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes that are used either temporarily or permanently as dams or embankments. (8) The operator shall establish on regraded areas and all other lands affected, a diverse and permanent vegetative cover that is: (a) capable of self-regeneration and plant succession; and (b) at least equal in extent of cover to the natural vegetation of the area. (9) The operator shall protect offsite areas from damages which may result from the mining operations. (10) The operator shall eliminate fire hazards and other conditions which constitute a hazard to health and safety of the public. (11) The operator shall minimize the disturbances of the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quantity of water in surface and groundwater systems both during and after coal mining operations and during reclamation by: (a) avoiding acid or other toxic mine drainage by such measures as, but not limited to: (i) preventing or removing water from contact with toxic-producing deposits; (ii) treating drainage to reduce toxic content which adversely affects downstream water upon being released to water courses; or (iii) casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid or other toxic drainage from entering ground and surface waters; (b) conducting surface coal mining operations to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the permit area, but in no event shall these contributions be in excess of requirements set by applicable state or federal law; and (c) avoiding channel deepening or enlargement in operations requiring the discharge of water from mines. (12) (a) The standards established under Section 40-10-17 for surface coal mining operations shall apply to: (i) the construction of new roads or the improvement or use of existing roads to gain access to the site of activities conducted on the surface of lands in connection with an underground coal mine and for haulage; (ii) repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to activities conducted on the surface of land in connection with an underground coal mine; and (iii) other surface impacts of underground coal mining not specified in this section. (b) The division shall make the modification in the requirements imposed by Subsection (12)(a) as are necessary to accommodate the distinct difference between surface and underground coal mining methods. (13) To the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of these resources where practicable. (14) The operator shall locate openings for all new drift mines working acid producing or iron producing coal seams in a manner as to prevent a gravity discharge of water from the mine. (15) (a) Underground coal mining operations conducted after October 24, 1992, shall be subject to the requirements specified in Subsections (15)(b) and (c). (b) (i) The permittee shall promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and related structures or noncommercial building due to underground coal mining operations. (ii) Repair of damage will include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and related structures or noncommercial building. (iii) Compensation shall be provided to the owner of the damaged occupied residential dwelling and related structures or noncommercial building and will be in the full amount of the diminution in value resulting from the subsidence. (iv) Compensation may be accomplished by the purchase, prior to mining, of a noncancellable premium prepaid insurance policy. (c) Subject to the provisions of Section 40-10-29, the permittee shall promptly replace any state-appropriated water in existence prior to the application for a surface coal mining and reclamation permit, which has been affected by contamination, diminution, or interruption resulting from underground coal mining operations. (d) Nothing in this Subsection (15) shall be construed to prohibit or interrupt underground coal mining operations. (e) Within one year after the date of enactment of this Subsection (15), the board shall adopt final rules to implement this Subsection (15).
Utah Code § 40-2-103 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-103
§ 40-2-103. Scope and administration of chapter.
Status: in_force

(1) This chapter applies to any coal mine located in the state. (2) The commission: (a) shall administer this chapter with the assistance of the office; and (b) has jurisdiction over a coal mine in this state as set forth in this chapter.
Utah Code § 40-7-3 — Utah Code / Title 40 / Chapter 40-7 / § 40-7-3
§ 40-7-3. Official representative -- Assistant representative.
Status: in_force

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 the powers and duties as members of the Interstate Oil Compact Commission; provided, however, that he shall have the authority to appoint an assistant representative who shall act in his stead as the official representative of the state of Utah as a member of said commission.
Utah Code § 40-10-30 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-30
§ 40-10-30. Judicial review of rules or orders.
Status: in_force

(1) Judicial review of adjudicative proceedings under this chapter is governed by Title 63G, Chapter 4, Administrative Procedures Act, and provisions of this chapter consistent with the Administrative Procedures Act. (2) Judicial review of the board's rulemaking procedures and rules adopted under this chapter is governed by Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) An appeal from an order of the board shall be directly to the Utah Supreme Court and is not a trial de novo. The court shall set aside the board action if it is found to be: (a) unreasonable, unjust, arbitrary, capricious, or an abuse of discretion; (b) contrary to constitutional right, power, privilege, or immunity; (c) in excess of statutory jurisdiction, authority, or limitations; (d) not in compliance with procedure required by law; (e) based upon a clearly erroneous interpretation or application of the law; or (f) as to an adjudicative proceeding, unsupported by substantial evidence on the record. (4) An action or appeal involving an order of the board shall be determined as expeditiously as feasible and in accordance with Section 78A-3-102. The Utah Supreme Court shall determine the issues on both questions of law and fact and shall affirm or set aside the rule or order, enjoin or stay the effective date of agency action, or remand the cause to the board for further proceedings. Judicial review of disputed issues of fact shall be confined to the agency record. The court may, in its discretion, receive additional evidence for good cause shown. (5) If the board fails to perform any act or duty under this chapter which is not discretionary, the aggrieved person may bring an action in the district court of the county in which the operation or proposed operation is located.
Utah Code § 40-12-101 — Utah Code / Title 40 / Chapter 40-12 / § 40-12-101
§ 40-12-101. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the Board of Oil, Gas, and Mining. (2) "Division" means the Division of Oil, Gas, and Mining. (3) "Nonconsumptive use of produced water in an oil and gas activity" means the transfer, use, temporary storage before disposal, transport, recycling, treatment, or other disposal of produced water in an oil and gas activity that does not reduce the volume of produced water. (4) "Oil and gas activity" means the same as that term is defined in Section 40-6-2.5. (5) "Oil or gas producing well" means a well that, at the time produced water is brought to the surface, is a drillhole boring in earth that is intended to bring and does bring hydrocarbons and associated fluids to the surface. (6) "Operator" means a person authorized by the division to operate a unit for an oil or gas producing well. (7) "Produced water" means water that is: (a) (i) extracted below the earth's surface by means of an oil or gas producing well; or (ii) separated from hydrocarbons after extraction; and (b) required to be disposed of pursuant to board rules for waste management and disposal made pursuant to Subsection 40-6-5(3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (8) "Transfer" means to sell or otherwise convey. (9) "Transferee" means one of the following who receives a possessory interest in produced water: (a) an operator; (b) a person who provides recycling or treatment services for produced water; or (c) a person who provides disposal services for produced water.
Utah Code § 40-2-102 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-102
§ 40-2-102. Definitions.
Status: in_force

As used in this chapter: (1) "Adverse action" means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships: (a) discharge the person; (b) threaten the person; (c) coerce the person; (d) intimidate the person; or (e) discriminate against the person, including to discriminate in: (i) compensation; (ii) terms; (iii) conditions; (iv) location; (v) rights; (vi) immunities; (vii) promotions; or (viii) privileges. (2) "Coal mine" means: (a) the following used in extracting coal from its natural deposits in the earth by any means or method: (i) the land; (ii) a structure; (iii) a facility; (iv) machinery; (v) a tool; (vi) equipment; (vii) a shaft; (viii) a slope; (ix) a tunnel; (x) an excavation; and (xi) other property; and (b) the work of preparing extracted coal, including a coal preparation facility. (3) "Commission" means the Labor Commission created in Section 34A-1-103. (4) "Commissioner" means the commissioner appointed under Section 34A-1-201. (5) "Council" means the Mine Safety Technical Advisory Council created in Section 40-2-203. (6) "Director" means the director of the Utah Office of Coal Mine Safety appointed under Section 40-2-202. (7) "Major coal mine accident" means any of the following at a coal mine located in Utah: (a) a mine explosion; (b) a mine fire; (c) the flooding of a mine; (d) a mine collapse; or (e) the accidental death of an individual at a mine. (8) "Mine Safety and Health Administration" means the federal Mine Safety and Health Administration within the United States Department of Labor. (9) "Office" means the Utah Office of Coal Mine Safety created in Section 40-2-201. (10) "Panel" means the Coal Miner Certification Panel created in Section 40-2-204. (11) "Unsafe condition" means a danger that reasonably could be expected to cause serious harm to a person or property.
Utah Code § 40-8-9 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-9
§ 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 -- Appeal provisions.
Status: in_force

(1) (a) A person, owner, or operator who willfully or knowingly evades this chapter, or who for the purpose of evading this chapter or any order issued under this chapter, willfully or knowingly makes or causes to be made any false entry in any report, record, account, or memorandum required by this chapter, or by the order, or who willfully or knowingly omits or causes to be omitted from a report, record, account, or memorandum, full, true, and correct entries as required by this chapter, or by the order, or who willfully or knowingly removes from this state or destroys, mutilates, alters, or falsifies any record, account, or memorandum, is guilty of a class B misdemeanor and, upon conviction, is subject to a fine of not more than $10,000 for each violation. (b) Each day of willful failure to comply with an emergency order is a separate violation. (2) No suit, action, or other proceeding based upon a violation of this chapter, or any rule or order issued under this chapter, may be commenced or maintained unless the suit, action, or proceeding is commenced within five years from the date of the alleged violation. (3) (a) If, on the basis of information available, the division has reason to believe that a person is in violation of a requirement of this chapter or a permit condition required by this chapter, the division shall immediately order inspection of the mining operation at which the alleged violation is occurring, unless the information available to the division is a result of a previous inspection of the mining operation. (b) (i) If, on the basis of an inspection, the division determines that a condition or practice exists, or that a permittee is in violation of a requirement of this chapter or a permit condition required by this chapter, and the condition, practice, or violation also creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the division shall immediately order a cessation of mining and operations or the portion relevant to the condition, practice, or violation. (ii) The cessation order shall remain in effect until the division determines that the condition, practice, or violation has been abated, or until modified, vacated, or terminated by the division. (iii) If the division finds that the ordered cessation of mining operations, or a portion of the operation, will not completely abate the imminent danger to the health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the division shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the division considers necessary to abate the imminent danger or the significant environmental harm. (c) (i) If, on the basis of an inspection, the division determines that a permittee is in violation of a requirement of this chapter or a permit condition required by this chapter, but the violation does not create an imminent danger to the health or safety of the public or cannot be reasonably expected to cause significant, imminent environmental harm to land, air, or water resources, the division shall issue a notice to the permittee or the permittee's agent specifying a reasonable time, but not more than 90 days, for the abatement of the violation and providing an opportunity for a conference with the division. (ii) If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown, and upon the written finding of the division, the division finds that the violation has not been abated, it shall immediately order a cessation of mining operations or the portion of the mining operation relevant to the violation. (iii) The cessation order shall remain in effect until the division determines that the violation has been abated or until modified, vacated, or terminated by the division pursuant to this Subsection (3). (iv) In the order of cessation issued by the division under this Subsection (3), the division shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order. (d) (i) Notices and orders issued under this section shall set forth with reasonable specificity: (A) the nature of the violation and the remedial action required; (B) the period of time established for abatement; and (C) a reasonable description of the portion of the mining and reclamation operation to which the notice or order applies. (ii) Each notice or order issued under this section shall be given promptly to the permittee or the permittee's agent by the division, and the notices and orders shall be in writing and shall be signed by the director, or the director's authorized representative who issues notices or orders. (iii) A notice or order issued under this section may be modified, vacated, or terminated by the division, but any notice or order issued under this section which requires cessation of mining by the operator shall expire within 30 days of the actual notice to the operator, unless a conference is held with the division. (4) (a) The division may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, if the permittee or the permittee's agent: (i) violates or fails or refuses to comply with an order or decision issued by the division under this chapter; (ii) interferes with, hinders, or delays the division, or its authorized representatives, in carrying out the provisions of this chapter; (iii) refuses to admit the authorized representatives to the mine; (iv) refuses to permit inspection of the mine by the authorized representative; or (v) refuses to furnish any information or report requested by the division in furtherance of the provisions of this chapter. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the attorney general brings the action described in Subsection (4)(a) in the district court, the attorney general shall bring the action in the county in which: (i) the mining and reclamation operation is located; or (ii) the permittee of the operation has the permittee's principal office. (c) (i) The court shall have jurisdiction to provide the appropriate relief. (ii) Relief granted by the court to enforce an order under Subsection (4)(a)(i) shall continue in effect until the completion or final termination of all proceedings for review of that order under this chapter, unless, prior to this completion or termination, the court granting the relief sets it aside or modifies the order. (5) (a) (i) A permittee issued a notice or order by the division, pursuant to the provisions of Subsections (3)(b) and (3)(c), or a person having an interest that may be adversely affected by the notice or order, may apply to the board for review of the notice or order within 30 days of receipt of the notice or order, or within 30 days of a modification, vacation, or termination of the notice or order. (ii) Upon receipt of this application, the board shall pursue an investigation as it considers appropriate. (iii) The investigation shall provide an opportunity for a public hearing at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or that person to present information relating to the issuance and continuance of the notice or order of the modification, vacation, or termination of the notice or order. (iv) The filing of an application for review under this Subsection (5)(a) shall not operate as a stay of an order or notice. (b) (i) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior to the hearing. (ii) This hearing shall be of record and shall be subject to judicial review. (c) (i) Pending completion of the investigation and hearing required by this section, the applicant may file with the board a written request that the board grant temporary relief from any notice or order issued under this section, with a detailed statement giving the reasons for granting this relief. (ii) The board shall issue an order or decision granting or denying this relief expeditiously. (d) (i) Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to this section, the board shall hold a public hearing, after giving written notice of the time, place, and date of the hearing. (ii) The hearing shall be of record and shall be subject to judicial review. (iii) Within 60 days following the public hearing, the board shall issue and furnish to the permittee and all other parties to the hearing, a written decision, and the reasons for the decision, regarding suspension or revocation of the permit. (iv) If the board revokes the permit, the permittee shall immediately cease mining operations on the permit area and shall complete reclamation within a period specified by the board, or the board shall declare the performance bonds forfeited for the operation. (e) An action taken by the board under this section, or any other provision of the state program, is subject to judicial review by a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (6) A criminal proceeding for a violation of this chapter, or a regulation or order issued under this chapter, shall be commenced within five years from the date of the alleged violation.
Utah Code § 40-10-13 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-13
§ 40-10-13. Advertisement of ownership, location, and boundaries -- Notice to interested agencies or bodies -- Objections -- Conference.
Status: in_force

(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 division a copy of the applicant's advertisement of the ownership, precise location, and boundaries of the land to be affected. (b) At the time of submission the advertisement shall be placed by the applicant: (i) in a local newspaper of general circulation in the locality of the proposed surface mine at least once a week for four consecutive weeks; and (ii) as required in Section 45-1-101. (c) The division shall notify various local governmental bodies, planning agencies, and sewage and water treatment authorities of water companies in the locality in which the proposed surface mining will take place, notifying them of the operator's intention to surface mine a particularly described tract of land and indicating the application's permit number and where a copy of the proposed mining and reclamation plan may be inspected. (d) These local bodies, agencies, authorities, or companies may submit written comments within a reasonable period established by the division on the mining applications with respect to the effects of the proposed operation on the environment which are within their area of responsibility. (e) These comments shall immediately be transmitted to the applicant by the division and shall be made available to the public at the same locations as are the mining applications. (2) (a) Any person having an interest which is or may be adversely affected or the officer or head of any federal, state, or local governmental agency or authority shall have the right to file written objections to the proposed initial or revised application for a permit for surface coal mining and reclamation operations with the division within 30 days after the last publication of the notice. These objections shall immediately be transmitted to the applicant by the division and shall be made available to the public. (b) If written objections are filed and a conference requested, the division shall then hold a conference within a reasonable time of the receipt of the objections or request. The conference shall be informal and shall be conducted in accordance with the procedures described in this Subsection (2)(b), irrespective of the requirements of Section 63G-4-203, Administrative Procedures Act. The conference shall be held in the locality of the coal mining and reclamation operation if requested within a reasonable time after written objections or the request for an informal conference are received by the division. The date, time, and location of the conference shall be advertised by the division in a newspaper of general circulation in the locality at least two weeks prior to the scheduled conference date. The division may arrange with the applicant upon request by any party to the administrative proceeding access to the proposed mining area for the purpose of gathering information relevant to the proceeding. An electronic or stenographic record shall be made of the conference proceeding unless waived by all parties. This record shall be maintained and shall be accessible to the parties until final release of the applicant's performance bond. In the event all parties requesting the conference stipulate agreement prior to the requested conference and withdraw their request, the conference need not be held.
Utah Code § 40-13-204 — Utah Code / Title 40 / Chapter 40-13 / § 40-13-204
§ 40-13-204. Forfeiture of surety.
Status: in_force

(1) Subsection (2) applies if the board determines that an operator has neglected, failed, or refused to: (a) plug and abandon a brine well; (b) close any surface impoundment; (c) repair a brine well leaking or causing waste; or (d) maintain and reclaim a site. (2) A person who violates Subsection (1) shall forfeit from the person's surety or shall pay to this state a sum equal to the cost of: (a) plugging a brine well; (b) closure of the surface impoundment; (c) repair of the brine well leaking or causing waste; or (d) reclamation of the site.
Utah Code § 40-6-12 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-12
§ 40-6-12. Evasion of chapter or orders -- Penalties -- Limitation of actions.
Status: in_force

(1) (a) A person is guilty of a class A misdemeanor if, for the purpose of evading this chapter or any order of the board, he is convicted of any of the following: (i) making or causing to be made any false entry in any report, record, account, or memorandum required by this chapter or by any order; (ii) omitting or causing to be omitted from any report, record, account, or memorandum, full, true, and correct entries as required by this chapter or by any order; or (iii) removing from this state or destroying, mutilating, altering, or falsifying any record, account, or memorandum. (b) Upon conviction under Subsection (1), a person is subject to a fine of not more than $5,000 or imprisonment for a term not exceeding six months, or to both fine and imprisonment. (2) Any suit, action, or other proceeding based upon a violation of this section may be commenced only within one year from the date of the alleged violation.
Utah Code § 40-7-2 — Utah Code / Title 40 / Chapter 40-7 / § 40-7-2
§ 40-7-2. Authority for governor to execute extensions or withdraw from compact.
Status: in_force

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 oil and gas, and to determine if and when it shall be to the best interest of the state of Utah to withdraw from said compact upon 60 days' notice as provided by its terms. In the event that he shall determine that the state shall withdraw from said compact he shall have the power and authority to give necessary notice and to take any and all steps necessary and proper to effect the withdrawal of the state of Utah from said compact.
Utah Code § 40-2-302 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-302
§ 40-2-302. Reporting of an unsafe condition in coal mines -- Adverse action prohibited.
Status: in_force

(1) Subject to the other provisions of this section, upon the office's receipt of information from a person of a possible unsafe condition in a coal mine located in Utah, the office may: (a) notify the federal Mine Safety and Health Administration; (b) notify another appropriate federal, state, or local government agency; (c) contact the operator of the coal mine; (d) refer the information to the council on a confidential basis; or (e) take any other authorized action. (2) The commission, council, or office may not disclose or otherwise make public the identity of a person who reports a possible unsafe condition in a coal mine located in Utah unless that person authorizes the commission, council, or office to disclose the person's identity. (3) A coal mine operator may not take adverse action against a person because that person: (a) reports an alleged unsafe mine condition; or (b) testifies, assists, or participates in any manner in an investigation, proceeding, or hearing under this chapter.
Utah Code § 40-9-102 — Utah Code / Title 40 / Chapter 40-9 / § 40-9-102
§ 40-9-102. Text of compact.
Status: in_force

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:Article IFindings and Purposes(1) The party States find that:(a) Mining and the contributions thereof to the economy and well-being of every State are of basic significance.(b) The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public.(c) Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly and the devising of means to deal with them are of both public and private concern.(d) Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land, or the development of mineral and other natural resources; but justifiable requirements of law and practice relating to the effects of mining on lands, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from State to State for all mining operations similarly situated.(e) The States are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions.(2) The purposes of this Compact are to:(a) Advance the protection and restoration of land, water and other resources affected by mining.(b) Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining.(c) Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party States which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated.(d) Assist the party States in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources.(e) Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.Article IIDefinitionsAs used in this Compact, the term:(1) "Mining" means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter, any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location, and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but shall not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation of grading when conducted solely in aid of on-site farming or construction.(2) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a Territory or Possession of the United States.Article IIIState ProgramsEach party State agrees that within a reasonable time it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the same in force, to accomplish:(1) The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations.(2) The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational or aesthetic value and utility of land and water.(3) The institution and maintenance of suitable programs of adaptation, restoration, and rehabilitation of mined lands.(4) The prevention, abatement and control of water, air and soil pollution resulting from mining - present, past and future.Article IVPowersIn addition to any other powers conferred upon the Interstate Mining Commission, established by Article V of this Compact, such Commission shall have power to:(1) Study mining operations, processes and techniques for the purpose of gaining knowledge concerning the effects of such operations, processes and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change.(2) Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining.(3) Make recommendations concerning any aspect or aspects of law or practice and governmental administration dealing with matters within the purview of this Compact.(4) Gather and disseminate information relating to any of the matters within the purview of this Compact.(5) Cooperate with the federal government and any public or private entities having interests in any subject coming within the purview of this Compact.(6) Consult, upon the request of a party State and within available resources, with the officials of such State in respect to any problem within the purview of this Compact.(7) Study and make recommendations with respect to any practice, process, technique, or course of action that may improve the efficiency of mining or the economic yield from mining operations.(8) Study and make recommendations relating to the safeguarding of access to resources which are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites.Article VThe Commission(1) There is hereby created an agency of the party States to be known as the "Interstate Mining Commission", hereinafter called "the Commission". The Commission shall be composed of one commissioner from each party State who shall be the Governor thereof. Pursuant to the laws of the party State, each Governor may have the assistance of an advisory body (including membership from mining industries, conservation interests, and such other public and private interests as may be appropriate) in considering problems relating to mining and in discharging the responsibilities as a Commissioner on the Commission. In any instance where a Governor is unable to attend a meeting of the commission or perform any other function in connection with the business of the Commission, he/she shall designate an alternate who shall represent him/her and act in his/her place and stead. The designation of an alternate shall be communicated by the Governor to the Commission in such manner as its bylaws may provide.(2) The Commissioners shall be entitled to one vote each on the Commission. No action of the Commission making a recommendation pursuant to Article IV (3), IV (7), and IV (8) or requesting, accepting or disposing of funds, services, or other property pursuant to this paragraph, Article V (7), V (8), or VII shall be valid unless taken at a meeting at which a majority of the total number of votes on the Commission is cast in favor thereof. All other action shall be by a majority of those present and voting: provided that action of the Commission shall be only at a meeting at which a majority of the Commissioners, or their alternates, is present. The Commission may establish and maintain such facilities as may be necessary for the transaction of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein.(3) The Commission shall have a seal.(4) The Commission shall elect annually, from among its members, a Chairman, a Vice-chairman, and a Treasurer. The Commission shall appoint an Executive Director and fix his/her duties and compensation. Such Executive Director shall serve at the pleasure of the Commission. The Executive Director, the Treasurer, and such other personnel as the Commission shall designate shall be bonded. The amount or amounts of such bond or bonds shall be determined by the Commission.(5) Irrespective of the civil service, personnel or other merit system laws of any of the party States, the Executive Director, with the approval of the Commission, shall appoint, remove or discharge such personnel as may be necessary for the performance of the Commission's functions, and shall fix the duties and compensation of such personnel.(6) The Commission may establish and maintain independently or in conjunction with a party State, a suitable retirement system for its employees. Employees of the Commission shall be eligible for Social Security coverage in respect of old age and survivor's insurance provided that the Commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The Commission may establish and maintain or participate in such additional programs of employee benefits as it may deem appropriate.(7) The Commission may borrow, accept or contract for the services of personnel from any State, the United States, or any other governmental agency, or from any person, firm, association or corporation.(8) The Commission may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any State, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph (7) of the Article shall be reported in the annual report of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant or services borrowed and the identity of the donor or lender.(9) The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party States.(10) The Commission annually shall make to the Governor, Legislature and advisory body described in Article V (1) of each party State a report covering the activities of the Commission for the preceding year, and embodying such recommendations as may have been made by the Commission. The Commission may make such additional reports as it may deem desirable.Article VIAdvisory, Technical, and Regional CommitteesThe Commission shall establish such advisory, technical, and regional committees as it may deem necessary, membership on which shall include private persons and public officials, and shall cooperate with the use and services of any such committees and the organizations which the members represent in furthering any of its activities. Such committees may be formed to consider problems of special interest to any party State, problems dealing with particular commodities or types of mining operations, problems related to reclamation, development, or use of mined land, or any other matters of concern to the Commission.Article VIIFinance(1) The Commission shall submit to the Governor or designated officer or officers of each party State a budget of its estimated expenditures for such period as may be required by the laws of that party State for presentation to the Legislature thereof.(2) Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party States. The total amount of appropriations requested under any such budget shall be apportioned among the party States as follows: one-half in equal shares, and the remainder in proportion to the value of minerals, ores, and other solid matter mined. In determining such values, the Commission shall employ such available public source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party States. Each of the Commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of minerals, ores, and other solid matter mined.(3) The Commission shall not pledge the credit of any party State. The Commission may meet any of its obligations in whole or in part with funds available to it under Article V (8) of this Compact; provided that the Commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it under Article V (8) hereof, the Commission shall not incur any obligation prior to the allotment of funds by the party States adequate to meet the same.(4) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.(5) The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party States and by any persons authorized by the Commission.(6) Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.Article VIIIEntry Into Force and Withdrawal(1) This Compact shall enter into force when enacted into law by any four or more States. Thereafter, this Compact shall become effective as to any other State upon its enactment thereof.(2) Any party State may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States. No withdrawal shall affect any liability previously and separately agreed to, and already incurred by or chargeable to a party State, under Article VII (2), prior to the time of such withdrawal.Article IXEffect On Other LawsNothing in this Compact shall be construed to limit, repeal or supersede any other law of any party State.Article XConstruction and SeverabilityThis Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any State or of the United States, or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any State participating herein, the Compact shall remain in full force and effect as to the remaining party States and in full force and effect as to the State affected as to all severable matters.