reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 40 - Mines and Mining › Chapter 10 - Coal Mining and Reclamation › Section 26 - State reclamation plan and annual projects submitted to Secretary of Interior -- Contents of plan -- Annual support and implementation requests -- Costs for proposed projects.

40-10-26.
State reclamation plan and annual projects submitted to Secretary of Interior -- Contents of plan -- Annual support and implementation requests -- Costs for proposed projects.
(1) The division will submit to the Secretary of the Interior a state reclamation plan and annual projects to carry out the purposes of this section.
(2) The state reclamation plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the legal authority and programmatic capability to perform this work in conformance with the provisions of this chapter.
(3) The division shall have the authority to submit an annual application for the support of the state program and implementation of specific reclamation projects to the Secretary of the Interior. These annual requests shall include such information as may be requested by the Secretary.
(4) The division shall have the authority to provide annual and other reports required by the Secretary of the Interior to accompany the annual request for support required in Subsection (3).
(5) The costs for each proposed project under this section shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses.
Enacted by Chapter 145, 1979 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 10 - Coal Mining and Reclamation › Section 28 - Recovery of reclamation costs -- Lien against reclaimed land.

40-10-28.
Recovery of reclamation costs -- Lien against reclaimed land.
(1) All reclamation costs of each project shall be recovered to the extent possible, taking into consideration the objectives of the project and the criteria under which the project was selected for reclamation work, in accordance with the following:
(a) All possible reclamation costs shall be recovered at the time of first sale of land following reclamation as follows:
(i) Whenever reclaimed land is sold at a value higher than that at which the unreclaimed land was appraised immediately prior to reclamation, the difference between the pre and post reclamation values shall be payable to the fund to mitigate or offset the cost of the reclamation program.
(ii) When land is to be sold to a state or local government for public purposes, the amount of the sale price may be less than the market value after reclamation but may not be less than the actual cost of the purchase of the property by the state plus the costs of reclamation.
(b)
(i) Special charges for use of land may be levied, including recreation fees, leases, livestock grazing fees, or other land use fees. These fees may be waived by the division when deemed to be to the public benefit.
(ii) These user fees, however, shall be charged to all users of the reclaimed lands if the uses result in financial or personal benefits to persons, corporations, or profit-making organizations.
(iii) All fees collected, less operating and maintenance expenses, shall be deposited in the fund.
(2)
(a) The division shall place a lien against reclaimed land, the market value of which has increased as a result of the reclamation work, except where the surface owner owned the land prior to May 2, 1977, and neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation work.
(b) The division may waive the requirement of a lien where land is owned by a state, local government, or municipality or when owned and operated for a charitable public purpose by a nonprofit charitable organization.
(c) The amount of the lien shall consist of the money expended for the reclamation work but shall not exceed the resulting increase in the market value of the reclaimed land as determined by an independent appraiser.
(d) A written statement of money expended for the reclamation work, together with a notarized appraisal of an independent appraiser of the market value of the land before and after the reclamation work, shall within six months after completion of the reclamation work, be filed in the office of the county recorder of the county in which the land lies.
Amended by Chapter 219, 1994 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 10 - Coal Mining and Reclamation › Section 29 - Other enforcement and protection rights unaffected -- Operator to replace adversely affected water supply of legitimate users.

40-10-29.
Other enforcement and protection rights unaffected -- Operator to replace adversely affected water supply of legitimate users.
(1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation.
(2) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where this supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation.
Enacted by Chapter 145, 1979 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 10 - Coal Mining and Reclamation › Section 30 - Judicial review of rules or orders.

40-10-30.
Judicial review of rules or orders.
(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.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 11 - Geologic Carbon Storage › Section 1 - Definitions.

Effective 5/4/2022
40-11-1.
Definitions.
As used in this chapter:
(1) "Board" means the Board of Oil, Gas, and Mining.
(2)
(a) "Carbon dioxide" means carbon dioxide (CO2) that has been captured from an emission source or direct air capture, plus incidental associated substances derived from the source materials and the capture process, and any substances added to the carbon dioxide to enable or improve the injection process.
(b) "Carbon dioxide" does not include hazardous waste as that term is defined in Section 19-6-102.
(3) "Class VI injection well" means the same as that term is defined in 40 C.F.R. 146.5(f).
(4) "Division" means the Division of Oil, Gas, and Mining.
(5) "Geologic carbon storage" means the permanent or short-term underground storage of carbon dioxide in a storage reservoir.
(6) "Geologic carbon storage activity" means activity associated with the development, production, processing, and storage of carbon dioxide as set forth in Title 40, Chapter 11, Geologic Carbon Storage, and includes:
(a) drilling;
(b) development of storage facilities;
(c) completion, maintenance, reworking, recompletion, disposal, plugging, and abandonment of storage facilities;
(d) construction activities;
(e) recovery techniques;
(f) remediation activities; and
(g) any other activity related to geologic carbon storage that the board identifies.
(7) "Permit" means a permit issued by the division and approved by the board allowing a person to operate a storage facility.
(8) "Reservoir" means a subsurface sedimentary stratum, formation, aquifer, cavity, or void, whether natural or artificially created, including oil and gas reservoirs, saline formations, and coal seams suitable for or capable of being made suitable for geologic carbon storage.
(9)
(a) "Storage facility" means the reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a geologic carbon storage operation.
(b) "Storage facility" does not include pipelines used to transport carbon dioxide to a storage facility.
(10) "Storage operator" means a person holding or applying for a permit.
Enacted by Chapter 62, 2022 General Session