40-8-7 - Board and division -- Authority. - Utah Statutes

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Statutes > Utah > Title-40 > Chapter-08 > 40-8-7

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, thedivision, before the mining operation commences or continues pursuant to Sections 40-8-13 and40-8-23;
(b) the reclamation of lands affected by mining operations after the effective date of thischapter having due regard for innate differences in mineral deposits;
(c) for mining operations, including small mining operations, the furnishing andmaintenance of reasonable surety to guarantee that the land affected is reclaimed according toapproved plans consistent with on-site conditions;
(d) that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, ortunnel as required under Section 40-8-13;
(e) that the operator pay legally determined public liability and property damage claimsresulting from mining operations;
(f) that every operator who conducts mining operations in the state maintain suitablerecords 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, ifrequired 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 healthand safety.
(2) No rule established by the board with respect to mined land reclamation shall haveretroactive effect on existing reclamation plans included as a part of an approved notice ofintention to commence mining operations which was approved prior to the effective date of therule.
(3) The board may promulgate rules relating to the surety for mining operations inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-40 > Chapter-08 > 40-8-7

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, thedivision, before the mining operation commences or continues pursuant to Sections 40-8-13 and40-8-23;
(b) the reclamation of lands affected by mining operations after the effective date of thischapter having due regard for innate differences in mineral deposits;
(c) for mining operations, including small mining operations, the furnishing andmaintenance of reasonable surety to guarantee that the land affected is reclaimed according toapproved plans consistent with on-site conditions;
(d) that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, ortunnel as required under Section 40-8-13;
(e) that the operator pay legally determined public liability and property damage claimsresulting from mining operations;
(f) that every operator who conducts mining operations in the state maintain suitablerecords 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, ifrequired 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 healthand safety.
(2) No rule established by the board with respect to mined land reclamation shall haveretroactive effect on existing reclamation plans included as a part of an approved notice ofintention to commence mining operations which was approved prior to the effective date of therule.
(3) The board may promulgate rules relating to the surety for mining operations inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-40 > Chapter-08 > 40-8-7

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, thedivision, before the mining operation commences or continues pursuant to Sections 40-8-13 and40-8-23;
(b) the reclamation of lands affected by mining operations after the effective date of thischapter having due regard for innate differences in mineral deposits;
(c) for mining operations, including small mining operations, the furnishing andmaintenance of reasonable surety to guarantee that the land affected is reclaimed according toapproved plans consistent with on-site conditions;
(d) that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, ortunnel as required under Section 40-8-13;
(e) that the operator pay legally determined public liability and property damage claimsresulting from mining operations;
(f) that every operator who conducts mining operations in the state maintain suitablerecords 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, ifrequired 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 healthand safety.
(2) No rule established by the board with respect to mined land reclamation shall haveretroactive effect on existing reclamation plans included as a part of an approved notice ofintention to commence mining operations which was approved prior to the effective date of therule.
(3) The board may promulgate rules relating to the surety for mining operations inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 382, 2008 General Session