reglab/housing_qa huggingface dataset:
UT Code § 40-8-5 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 5 - Authority to enforce chapter -- Coordination of procedures -- Department of Environmental Quality.

40-8-5. Authority to enforce chapter -- Coordination of procedures -- Department of Environmental Quality.    (1)   (a) The board and the division have jurisdiction and authority over all persons and property, both public and private, necessary to enforce this chapter.     (b) The delegation of authority to a state officer, board, division, commission, or agency to administer a law of this state relating to mined land reclamation is withdrawn and the authority is unqualifiedly conferred upon the board and division as provided in this chapter.     (c) Nothing in this chapter affects the right of a landowner, or a public agency having proprietary authority under other provisions of law, to administer lands within the state, to include conditions in a lease, license, bill of sale, deed, right-of-way, permit, contract, or other instrument, if the conditions are consistent with this chapter and the rules adopted under this chapter.       (2)   (a) If federal or local laws or regulations require operators to comply with mined land reclamation procedures separate from those provided for in this chapter, the board and division shall make every effort to have its rules and procedures accepted by the other governing bodies as complying with their respective requirements.     (b) The provisions of Subsections (2)(a) and (d) are established to minimize the need for operators and prospective operators to comply with duplicative, overlapping, or conflicting requirements.     (c) Nothing in this chapter authorizes a political subdivision of the state to impose a condition or restriction on a mining operation located on state or federal land that is not imposed by a federal or state agency on the mining operation.     (d) An ordinance or regulation issued by a political subdivision of the state that is more restrictive than a permit issued under this chapter for a mining operation on state or federal land is unenforceable.       (3) Nothing in this chapter is intended to abrogate or interfere with the powers or duties of the Department of Environmental Quality.    Amended by Chapter 182, 2011 General Session
UT Code § 40-8-6 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 6 - Board -- Powers, functions, and duties.

40-8-6. Board -- Powers, functions, and duties.  In addition to those provided in Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining, the board has the following powers, functions, and duties:  (1) To enact rules according to the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are reasonably necessary to carry out the purposes of this chapter.     (2) To hold hearings and to issue orders or other appropriate instruments based upon the results of those hearings.     (3) To issue emergency orders according to the requirements and provisions of Title 63G, Chapter 4, Administrative Procedures Act.     (4) To do all other things and take such other actions within the purposes of this act as may be necessary to enforce its provisions.    Amended by Chapter 344, 2009 General Session
UT Code § 40-8-7 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 7 - Board and division -- Authority.

40-8-7. Board and division -- Authority.    (1) The board and the division may require:   (a) 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 Sections 40-8-13 and 40-8-23;     (b) the reclamation of lands affected by mining operations after the effective date of this chapter having due regard for innate differences in mineral deposits;     (c) for mining operations, including small mining operations, the furnishing and maintenance of reasonable surety to guarantee that the land affected is reclaimed according to approved plans consistent with on-site conditions;     (d) that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, or tunnel as required under Section 40-8-13;     (e) that the operator pay legally determined public liability and property damage claims resulting from mining operations;     (f) that every operator who conducts mining operations in the state maintain suitable records and make periodic reports to the division as required under this chapter;     (g) that with respect to all mining operations, a notice of intention is filed with and, if required by this chapter, approved by the division before any such mining operations are commenced or continued pursuant to Section 40-8-23;     (h) the suspension of mining operations in an emergency situation;     (i) the payment of fixed, uniform, and nonescalating permit fees; or     (j) that mining operations be conducted to minimize or prevent hazards to public health and safety.       (2) No rule established by the board with respect to mined land reclamation shall have retroactive effect on existing reclamation plans included as a part of an approved notice of intention to commence mining operations which was approved prior to the effective date of the rule.     (3) The board may promulgate rules relating to the surety for mining operations in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.    Amended by Chapter 382, 2008 General Session
UT Code § 40-8-8 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 8 - Board authority to act -- Entry of order -- Confidential data.

40-8-8. Board authority to act -- Entry of order -- Confidential data.    (1) The board may:   (a) file a notice of agency action; or     (b) respond to a request for agency action initiated by an affected person.       (2)   (a) The board shall enter its order within 60 days after the hearing.     (b) All orders entered by the board shall be:   (i) entered in books to be kept by the board for that purpose;     (ii) indexed; and     (iii) public records open for inspection at all times during reasonable office hours.       (c) Confidential data disclosed under this chapter shall be protected and not become public records, except as provided in Section 40-8-13.      Amended by Chapter 388, 2009 General Session
UT Code § 40-8-10 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 10 - Notice.

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   (a) by one publication in a daily newspaper of general circulation in Salt Lake City, Utah; and     (b) in all newspapers of general circulation published in the county or counties in which the land affected is situated; and       (2) by publication in accordance with Section 45-1-101.    Amended by Chapter 388, 2009 General Session
UT Code § 40-8-11 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 11 - Budget of administrative expenses -- Procedure -- Division authority to appoint or employ consultants.

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 next following the convening of the Legislature. This budget shall be submitted to the executive director of the Department of Natural Resources for inclusion in the governor's appropriation request to the Legislature.     (2) The division shall have authority to appoint or employ technical support or consultants in the pursuit of the objectives of this act and shall be responsible for coordination with other agencies in matters relating to mined land reclamation and the application of related laws.    Amended by Chapter 201, 1983 General Session
UT Code § 40-8-12 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 12 - Objectives.

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 minimize or prevent present and future on-site or off-site environmental degradation caused by mining operations to the ecologic and hydrologic regimes and to meet other pertinent state and federal regulations regarding air and water quality standards and health and safety criteria; and     (3) to minimize or prevent future hazards to public safety and welfare.    Amended by Chapter 147, 1987 General Session
UT Code § 40-8-12.5 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 12.5 - Reclamation required.

40-8-12.5. Reclamation required.  Every operator shall be obligated to conduct reclamation and shall be responsible for the costs and expenses thereof.  Enacted by Chapter 147, 1987 General Session
UT Code § 40-8-15 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 15 - Notice of commencement to division -- Operations and progress report.

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 year, unless waived by the division, each operator conducting mining operations under an approved notice of intention shall file an operations and progress report with the division on a form prescribed in the rules promulgated by the board.    Amended by Chapter 147, 1987 General Session
UT Code § 40-8-16 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 16 - Approved notice of intention valid for life of operation -- Withdrawal, withholding, or refusal of approval -- Procedure and basis.

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 the board withdraws the approval as provided in Subsection (2).     (2) The board or the division shall not withdraw approval of a notice of intention or revision of it, except as follows:   (a) Approval may be withdrawn in the event that the operator substantially fails to perform reclamation or conduct mining operations so that the approved reclamation plan can be accomplished.     (b) Approval may be withdrawn in the event that the operator fails to provide and maintain surety as may be required under this chapter.     (c) Approval may be withdrawn in the event that mining operations are continuously shut down for a period in excess of five years, unless the extended period is accepted upon application of the operator.       (3) Approval of a notice of intention may not be refused, withheld, nor withdrawn by the division until the operator, who holds or has applied for such approval, has had an opportunity to request a hearing before the board, present evidence, cross-examine, and participate fully in the proceedings. Based on the record of the hearing, the board will issue an order concerning the refusal, withholding, or withdrawal of the notice of intention. If no hearing is requested, the division may refuse, withhold, or withdraw approval of a notice of intention.     (4) In the event that the division or the board withdraws approval of a notice of intention or its revision, all mining operations included under the notice shall be suspended in accordance with procedures and schedule approved by the division.    Amended by Chapter 22, 1989 General Session
UT Code § 40-8-17 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 17 - Responsibility of operator to comply with applicable rules, regulations and ordinances -- Inspections.

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 ordinances, including but not limited to, those applying to safety, air and water pollution, and public liability and property damage.     (2) As a condition of consideration and approval of a notice of intention, each applicant or operator under a notice of intention shall permit members of the board, the division, or other state agency having lawful interest in the administration of this act, to have the right, at all reasonable times, to enter the affected land and all related properties included in the notice of intention, whether or not approved, to make inspections for the purposes of this act.    Enacted by Chapter 130, 1975 General Session
UT Code § 40-8-18 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 18 - Notice of intention to revise operations -- Procedure.

40-8-18. Notice of intention to revise operations -- Procedure.    (1)   (a) Since mining operations and related reclamation plans may need to be revised to accommodate changing conditions or new technology, an operator conducting mining operations under an approved notice of intention shall submit to the division a notice of intention when revising mining operations.      (b) The notice of intention to revise mining operations shall be submitted in the form required by the rules promulgated by the board.       (2)   (a) The notice of intention to revise mining operations will be designated as an amendment to the existing notice of intention by the division, based on rules promulgated by the board.     (b) An amendment of a notice of intention will be reviewed and considered for approval or disapproval by the division within 30 days of receipt of a notice of intention to revise mining operations.       (3)   (a) A notice of intention to revise mining operations, if not designated as an amendment of a notice of intention as set forth in Subsection (2), shall be processed and considered for approval by the division in the same manner and within the same time period as an original notice of intention.     (b) The operator shall be authorized and bound by the requirements of the existing notice until the revision is acted upon and any revised surety requirements are established and satisfied.       (4)   (a) If a change in the operation occurs, a mining operation representative shall submit an amendment to the notice of intention.     (b) Although approval of an amendment to the notice of intention by small mining operations is not required, a revised surety shall be filed by the permittee prior to implementing the amended notice of intention.      Amended by Chapter 35, 2003 General Session
UT Code § 40-8-19 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 19 - Transfer of mining operation under approved notice of intention.

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 may release the first operator from his responsibilities under his approved notice of intention, including surety, provided the successor assumes all of the duties of the former operator, to the satisfaction of the division, under this approved notice of intention, including its then approved reclamation plan and the posting of surety. Upon the satisfactory assumption of such responsibilities by the successor operator, under conditions approved by the division, the approved notice of intention shall be transferred to the successor operator.  Enacted by Chapter 130, 1975 General Session
UT Code § 40-8-20 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 20 - Applicability.

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.  Enacted by Chapter 130, 1975 General Session
UT Code § 40-8-21 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 21 - Temporary suspension or termination of operations -- Notice to division -- Evaluation and inspection -- Release of surety -- Evidence of compliance.

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 years' duration, the operator shall, within 30 days, notify the division.     (2) In the case of a termination of mining operations or a suspension of such operations expected to extend for a period in excess of two years, the operator shall furnish the division with such data as it may require in order to evaluate the status of the mining operation, performance under the reclamation plan, and the probable future status of the mineral deposit and condition of the land affected.     (3) Upon receipt of notification of termination or extended suspension, the division shall, within 30 days, cause an inspection to be made of the property and take whatever action may be appropriate in furtherance of the purposes of this chapter.     (4) The full release by the division of surety posted under an approved notice of intention shall be prima facie evidence that the operator has fully complied with the provisions of this chapter.    Amended by Chapter 147, 1987 General Session
UT Code § 40-8-22 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 22 - Division cooperation -- Agreements.

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 to enter into cooperative agreements with these agencies, as may be approved by the board, in furtherance of the purposes of this act and may accept or commit funds in connection thereto as may be appropriated or otherwise provided for the purpose and as specifically approved by the board, except that such actions shall not result in any delegation of powers, responsibility, or authority conferred upon the board or division by this act.    Enacted by Chapter 130, 1975 General Session
UT Code § 40-8-23 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 23 - Effective dates -- Exceptions.

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 before July 1, 1977, and shall be authorized to continue such existing operations until the operator obtains approval of his notice of intention. Such approval shall be obtained by the operator within 36 months from the date of submission of this notice. Subsequent to approval of the notice of intention, the operator shall be bound by the provisions of the approved notice of intention and surety requirements as provided in Sections 40-8-13 and 40-8-14.     (2) Mining operations which are active on the effective date of this act and which are suspended or terminated on or before July 1, 1977, shall advise the division of this fact before July 10, 1977, and shall not be required to submit a notice of intention.     (3) Mining operations which are inactive on the effective date of this act and which resume operations on or before July 1, 1977, shall be required to prepare and submit a notice of intention within 12 months following the effective date of this act or within six months of the resumption of such operations, whichever is earlier, and shall be authorized to conduct operations as described in the notice of intention until the operator obtains approval of his notice of intention. Such approval shall be obtained by the operator within 36 months from the date of submission of the notice. Subsequent to approval of the notice of intention the operator shall be bound by the provisions of the approved notice of intention and surety requirements as provided in Sections 40-8-13 and 40-8-14.     (4) The board and division, in the initial application of this act and until July 1, 1977, shall not be bound by the 30 day time limitation within which to take action on a notice of intention; but all notices of intention filed before July 1, 1977, shall be acknowledged as received within 30 days of receipt and action shall be commenced by the division within 12 months from the date of receipt.     (5) This act and the rules and regulations promulgated under it shall be fully effective for all operators and mining operations active on the effective date of this act or commenced or reactivated on and after July 1, 1977.    Amended by Chapter 20, 1995 General Session
UT Code § 40-9-101 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 9 - Interstate Mining Compact|Section 101 - Title.

40-9-101. Title.  This chapter is known as "Interstate Mining Compact."  Enacted by Chapter 459, 2013 General Session
UT Code § 40-9-103 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 9 - Interstate Mining Compact|Section 103 - Participation by Utah.

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:   (a) placed on file with the director of the Division of Oil, Gas, and Mining; and     (b) available, at reasonable times, for inspection by the Legislature or an interested person.       (3) As used in Article V (1), "agency of the party States" does not mean an agency of Utah.     (4) A person or entity may not hold Utah liable for the obligations or solvency of:   (a) the retirement system described in Article V (6); or     (b) a program of employee benefits described in Article V (6).      Enacted by Chapter 459, 2013 General Session