reglab/housing_qa huggingface dataset:
UT Code § 40-10-1 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 1 - Legislative finding.

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 to insure the existence of an expanding and economically healthy underground coal mining industry.     (2) The expansion of coal mining in Utah to meet the nation's energy needs makes even more urgent the establishment of appropriate standards to minimize damage to the environment and to productivity of the soil and to protect the health and safety of the public.     (3) Surface mining and reclamation technology is now developed so that effective and reasonable regulation of surface coal mining operations is an appropriate and necessary means to minimize so far as practicable the adverse social, economic, and environmental effects of the mining operations.     (4) In recognition of the innate differences between coal and other mineral deposits and between surface and underground mining methods, the Legislature perceives a need for a separate chapter for effective and reasonable regulation of such operations.    Enacted by Chapter 145, 1979 General Session
UT Code § 40-10-2 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 2 - Purpose.

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;     (2) assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from these operations;     (3) assure that surface coal mining operations are conducted so as to protect the environment, that reclamation occurs as contemporaneously as possible with the operations, and that operations are not conducted where reclamation as required by this chapter is not economically or technologically feasible;     (4) assure that appropriate procedures are provided for the public participation in the development, revision, and enforcement of rules, standards, reclamation plans, or programs established by the state under this chapter;     (5) promote the reclamation of mined areas left without adequate reclamation prior to the effective date of this chapter and which continue, in their unreclaimed condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public; and     (6) wherever necessary, exercise the full reach of state constitutional powers to insure the protection of the public interest through effective control of surface coal mining operations and efficient reclamation of abandoned mines.    Amended by Chapter 219, 1994 General Session
UT Code § 40-10-5 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 5 - Activities exempted from chapter.

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 his own noncommercial use from land owned or leased by him; or     (2) the extraction of coal as an incidental part of federal, state, or local government-financed highway or other construction under rules established by the division.    Amended by Chapter 225, 1991 General Session
UT Code § 40-10-6 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 6 - Powers, functions, and duties of board and division.

40-10-6. Powers, functions, and duties of board and division.  In addition to those provided in Title 40, Chapter 8, Utah Mined Land Reclamation Act, the board and division have the following powers, functions, and duties:  (1) to make and promulgate in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the rules as are specifically necessary for the regulation of coal mining operations and reclamation operations;     (2) to authorize its employees, agents, or contractors to enter upon any property for the purpose of carrying out the provisions of this chapter and Title 40, Chapter 8, Utah Mined Land Reclamation Act;     (3) to establish specific reclamation and performance standards for new and existing coal mining operations and to effectuate these standards retroactively;     (4) to prohibit mining and exploration operations without a permit and to establish procedures and requirements for the preparation, submission, approval, denial, termination, and modification of applications for coal mining and reclamation permits and for coal exploration permits;     (5) to set and assess an application fee based on no more than the actual cost of review and processing of the application, this fee to accompany each application for a surface coal mining and reclamation permit and each application for an exploration permit;     (6) to establish procedures and detailed requirements for all reclamation plans submitted as part of a permit application;     (7) to condition the issuance of a permit to commence or continue surface mining operations upon the posting of performance bonds, deposits, or sureties and to make provision for the release of same in compliance with the requirements of this chapter;     (8) to appoint or employ technical support, legal services, or independent consultants in furtherance of the objectives of this chapter and shall be responsible for coordination with other agencies in matters relating to mined land reclamation and the application of related law; and     (9) to do all other things and take such other actions retroactively or otherwise within the purposes of this chapter as may be necessary to enforce its provisions.    Amended by Chapter 382, 2008 General Session
UT Code § 40-10-6.5 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 6.5 - Rulemaking authority and procedure.

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 (3), no rule which the board adopts for the purpose of the state administering a program under the federal Surface Mining Control and Reclamation Act may be more stringent than the corresponding federal regulations which address the same circumstances. In adopting such rules, the board may incorporate by reference corresponding federal regulations.     (3) The board may adopt rules more stringent than corresponding federal regulations for the purpose described in Subsection (2), only if it makes a written finding after public comment and hearing, and based on evidence in the record, that the corresponding federal regulation is not adequate to protect public safety and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public safety and environmental information and studies contained in the record which form the basis for the board's conclusion.    Amended by Chapter 382, 2008 General Session
UT Code § 40-10-6.7 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 6.7 - Administrative procedures.

40-10-6.7. Administrative procedures.    (1)   (a) Informal adjudicative proceedings shall be conducted by the division under this chapter and shall be referred to as conferences or informal conferences.     (b) The conduct of conferences shall be governed by rules adopted by the board which are in accordance with Title 63G, Chapter 4, Administrative Procedures Act.       (2)   (a)   (i) Formal adjudicative proceedings shall be conducted by the division or board under this chapter and shall be referred to as hearings or public hearings.     (ii) The conduct of hearings shall be governed by rules adopted by the board which are in accordance with Title 63G, Chapter 4, Administrative Procedures Act.       (b) Hearings under this chapter shall be conducted in a manner which guarantees the parties' due process rights. This includes:   (i) the right to examine any evidence presented to the board;     (ii) the right to cross-examine any witness; and     (iii) a prohibition of ex parte communication between any party and a member of the board.       (c) A verbatim record of each public hearing required by this chapter shall be made, and a transcript made available on the motion of any party or by order of the board.      Amended by Chapter 382, 2008 General Session
UT Code § 40-10-7 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 7 - Financial interest in mining operation prohibited -- Penalty -- Enforcement -- Quorum for board hearings.

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 coal mining operation. Whoever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both. The division shall adopt rules to establish methods by which the provisions of this subsection will be monitored and enforced by the division, including appropriate provisions for filing by these employees and the review of statements and supplements to same concerning any financial interest which may be affected by this section.     (2) For the purpose of holding hearings under this chapter, a quorum of the board shall consist of those members or member who has no conflict of interest as set out in Public Law 95-87 and the rules and regulations adopted under it.    Amended by Chapter 219, 1994 General Session
UT Code § 40-10-8 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|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.

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 surface shall be conducted in accordance with exploration rules issued by the division. The rules shall include, at a minimum:   (a) the requirement that prior to conducting any exploration under this section, any person must file with the division notice of intention to explore, and the notice shall include a description of the exploration area and the period of proposed exploration; and     (b) provisions for reclamation in accordance with performance standards in Section 40-10-17 of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment.       (2) Information submitted to the division pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intending to explore the described area shall not be available for public examination.     (3) Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or rules issued pursuant to it shall be subject to the provisions of Section 40-10-20.     (4) No person shall remove more than 250 tons of coal pursuant to an exploration permit without the specific written approval of the division.    Amended by Chapter 219, 1994 General Session
UT Code § 40-10-12 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 12 - Revised permit and reclamation plan -- Application -- Transfer, assignment, or sale of rights -- Revision or modification of permit provisions.

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 a revision of a permit shall not be approved unless the division finds that reclamation as required by this chapter can be accomplished under the revised reclamation plan.     (c) The revision shall be approved or disapproved within a period of time established by the division.     (d)   (i) The division shall establish guidelines determining the scale or extent of a revision request for which all permit application information, requirements, and procedures, including notice and hearings, shall apply.     (ii) Any revisions that propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.       (e) Any extensions to the area covered by the permit, except incidental boundary revisions, must be made by:   (i) an application for a significant revision of the permit; or     (ii) an application for another permit.         (2) No transfer, assignment, or sale of the rights granted under any permit issued according to this chapter shall be made without the written approval of the division.     (3)   (a) The division shall, within a time limit prescribed in rules adopted by the board, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of the permit.     (b) The revision or modification shall be:   (i) based upon a written finding; and     (ii) subject to notice and hearing requirements established by this chapter.        Amended by Chapter 321, 2007 General Session
UT Code § 40-10-18.1 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 18.1 - Suspension of underground mining upon finding of immediate danger to inhabitants at surface.

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, there is a finding of imminent danger to inhabitants of the urbanized areas, cities, towns, and communities.  Enacted by Chapter 49, 1997 General Session
UT Code § 40-10-18.2 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 18.2 - Applicability of other chapter provisions.

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 bond requirements as are necessary to accommodate the distinct difference between surface and underground coal mining methods.  Enacted by Chapter 49, 1997 General Session
UT Code § 40-10-19 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|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.

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 of any requirement of this chapter, the division shall require any permittee to provide information relative to surface coal mining and reclamation operations as the division deems reasonable and necessary in the division's rules.     (2) The authorized representatives of the division, without advance notice and upon presentation of appropriate credentials:   (a) shall have the right of entry into, upon, or through any surface coal mining and reclamation operations or any premises in which any records required to be maintained under Subsection (2) are located; and     (b) may at reasonable times, and without delay, have access to and copy any records, inspect any monitoring equipment or method of operation required under this chapter. As required by Subsection 40-8-17(2), this entry and access are conditions to obtaining an approved state permit to conduct surface mining operations.       (3) The inspections by the division shall:   (a) occur on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit;     (b) occur without prior notice to the permittee or his agents or employees except for necessary onsite meetings with the permittee; and     (c) include the filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this chapter.       (4) Each permittee shall conspicuously maintain at the entrances to the surface coal mining and reclamation operations a clearly visible sign which sets forth the names, business address, and phone number of the permittee and the permit number of the surface coal mining and reclamation operations.     (5) Each reclamation officer, upon detection of each violation of any requirement of this chapter, shall forthwith inform the operator in writing and shall report in writing the violation to the division.     (6) Copies of any records, reports, inspection materials, or information obtained under this chapter by the division shall be made immediately available to the public.    Amended by Chapter 219, 1994 General Session
UT Code § 40-10-23 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 23 - Time for bringing criminal proceeding.

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
UT Code § 40-10-25.1 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 25.1 - Abandoned Mine Reclamation Fund created -- Contents -- Use of money.

40-10-25.1. Abandoned Mine Reclamation Fund created -- Contents -- Use of money.    (1)   (a) There is created an expendable special revenue fund known as the "Abandoned Mine Reclamation Fund."     (b)   (i) The fund shall consist of the money specified in Subsections (2) and (3).     (ii) The money of Subsection (2) shall be segregated from the money of Subsection (3).         (2)   (a) Money received by the state from the following sources shall be deposited into the Abandoned Mine Reclamation Fund:   (i) recovered liens filed against privately owned land as provided by Section 40-10-28;     (ii) fees for the use of reclaimed lands as provided by Section 40-10-28;     (iii) fines collected for violations of this chapter or any rule or order issued under this chapter;     (iv) donations designated for reclamation of abandoned mines; and     (v) interest credited to the fund pursuant to Subsection (2)(b).       (b) Money received under Subsection (2)(a) shall be invested by the state treasurer and the income earned shall be credited to the Abandoned Mine Reclamation Fund, except interest income earned over $19,000 per year shall be credited to the General Fund.     (c) The division may at any time expend money deposited into the fund under Subsection (2)(a) to accomplish the purposes of the abandoned mine reclamation program.       (3)   (a)   (i) Money received by the state from the secretary of the United States Department of Interior, which is granted as special state set-aside money in accordance with 30 U.S.C. Sec. 1232 et seq. shall be deposited in the Abandoned Mine Reclamation Fund.     (ii) Money deposited into the fund under Subsection (3)(a)(i) shall be invested by the state treasurer and the income earned shall be credited to the Abandoned Mine Reclamation Fund.       (b) After August 3, 1992, the division shall use the money deposited into the Abandoned Mine Reclamation Fund under this Subsection (3) to accomplish the purposes set forth in Sections 40-10-25 through 40-10-28.1.     (c) Except as provided in Subsection (3)(d), the money deposited into the Abandoned Mine Reclamation Fund under this Subsection (3) shall be made available to the division through legislative appropriations.     (d) The director of the division with the concurrence of the board may at any time expend money deposited into the Abandoned Mine Reclamation Fund under Subsection (3)(a) for any emergency requiring immediate reclamation.      Amended by Chapter 400, 2013 General Session
UT Code § 40-10-25.2 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 10 - Coal Mining and Reclamation|Section 25.2 - Liability limitation for abandoned mine reclamation.

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)   (a) Subsection (1) does not preclude liability for costs or damages resulting from gross negligence or intentional misconduct by the state.     (b) For purposes of this section, reckless, willful, or wanton misconduct constitutes gross negligence.      Enacted by Chapter 225, 1991 General Session