State Codes and Statutes

Statutes > Utah > Title-40 > Chapter-10 > 40-10-16

40-10-16. Release of performance bond, surety, or deposit -- Inspection andevaluation of reclamation work -- Action on application for release of bond -- Objections --Formal hearing or informal conference.
(1) The division shall adopt and promulgate rules providing for the release of all or partof a performance bond, surety, or deposit which will include the following requirements:
(a) filing of a request with the division by the operator; and
(b) advertisement by the operator designed to give public notice of the release and thereclamation steps taken by the operator.
(2) Upon receipt of the notification and request, the division shall within 30 days conductan inspection and evaluation of the reclamation work involved. The evaluation shall consider,among other things, the degree of difficulty to complete any remaining reclamation, whetherpollution of surface and subsurface water is occurring, the probability of continuance of futureoccurrence of the pollution, and the estimated cost of abating the pollution. The division shallnotify the operator in writing of its decision to release or not to release all or part of theperformance bond or deposit within 60 days from the filing of the request, if no public hearing isheld pursuant to Subsection (6), and if there has been a public hearing held pursuant toSubsection (6), within 30 days thereafter.
(3) The division may release in whole or in part the bond or deposit if the division issatisfied the reclamation covered by the bond or deposit or portion of them has beenaccomplished as required by this chapter according to the schedule set forth in the division'srules, but no bond shall be fully released until all reclamation requirements of this chapter arefinally met.
(4) If the division disapproves the application for release of the bond or portion of it, thedivision shall notify the permittee in writing, stating the reasons for disapproval andrecommending corrective actions necessary to secure the release and allowing opportunity for apublic hearing.
(5) When any application for total or partial bond release is filed with the division, thedivision shall notify the municipality in which a surface coal mining operation is located bycertified mail at least 30 days prior to the release of all or a portion of the bond.
(6) (a) Any person with a valid legal interest which may be adversely affected by releaseof the bond or the responsible officer or head of any federal, state, or local governmental agencywhich has jurisdiction by law or special expertise with respect to any environmental, social, oreconomic impact involved in the operation, or is authorized to develop and enforceenvironmental standards with respect to these operations shall have the right to file writtenobjections to the proposed release from bond with the division within 30 days after the lastpublication of the above notice.
(b) If written objections are filed and a conference is requested, the division shall informall the interested parties of the time and place of the conference and hold an informal conferencewithin 30 days after the request is filed with the division.
(c) The conference officer may convert the conference to a formal proceeding under thestandards set forth by Section 63G-4-202. The matter shall be scheduled for hearing before theboard and a hearing shall be held in accordance with the rules of practice and procedure of theboard.
(d) A decision from the informal conference may be appealed to the board. The boardshall hold a hearing pursuant to the rules of practice and procedure of the board.


Amended by Chapter 382, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-40 > Chapter-10 > 40-10-16

40-10-16. Release of performance bond, surety, or deposit -- Inspection andevaluation of reclamation work -- Action on application for release of bond -- Objections --Formal hearing or informal conference.
(1) The division shall adopt and promulgate rules providing for the release of all or partof a performance bond, surety, or deposit which will include the following requirements:
(a) filing of a request with the division by the operator; and
(b) advertisement by the operator designed to give public notice of the release and thereclamation steps taken by the operator.
(2) Upon receipt of the notification and request, the division shall within 30 days conductan inspection and evaluation of the reclamation work involved. The evaluation shall consider,among other things, the degree of difficulty to complete any remaining reclamation, whetherpollution of surface and subsurface water is occurring, the probability of continuance of futureoccurrence of the pollution, and the estimated cost of abating the pollution. The division shallnotify the operator in writing of its decision to release or not to release all or part of theperformance bond or deposit within 60 days from the filing of the request, if no public hearing isheld pursuant to Subsection (6), and if there has been a public hearing held pursuant toSubsection (6), within 30 days thereafter.
(3) The division may release in whole or in part the bond or deposit if the division issatisfied the reclamation covered by the bond or deposit or portion of them has beenaccomplished as required by this chapter according to the schedule set forth in the division'srules, but no bond shall be fully released until all reclamation requirements of this chapter arefinally met.
(4) If the division disapproves the application for release of the bond or portion of it, thedivision shall notify the permittee in writing, stating the reasons for disapproval andrecommending corrective actions necessary to secure the release and allowing opportunity for apublic hearing.
(5) When any application for total or partial bond release is filed with the division, thedivision shall notify the municipality in which a surface coal mining operation is located bycertified mail at least 30 days prior to the release of all or a portion of the bond.
(6) (a) Any person with a valid legal interest which may be adversely affected by releaseof the bond or the responsible officer or head of any federal, state, or local governmental agencywhich has jurisdiction by law or special expertise with respect to any environmental, social, oreconomic impact involved in the operation, or is authorized to develop and enforceenvironmental standards with respect to these operations shall have the right to file writtenobjections to the proposed release from bond with the division within 30 days after the lastpublication of the above notice.
(b) If written objections are filed and a conference is requested, the division shall informall the interested parties of the time and place of the conference and hold an informal conferencewithin 30 days after the request is filed with the division.
(c) The conference officer may convert the conference to a formal proceeding under thestandards set forth by Section 63G-4-202. The matter shall be scheduled for hearing before theboard and a hearing shall be held in accordance with the rules of practice and procedure of theboard.
(d) A decision from the informal conference may be appealed to the board. The boardshall hold a hearing pursuant to the rules of practice and procedure of the board.


Amended by Chapter 382, 2008 General Session


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-40 > Chapter-10 > 40-10-16

40-10-16. Release of performance bond, surety, or deposit -- Inspection andevaluation of reclamation work -- Action on application for release of bond -- Objections --Formal hearing or informal conference.
(1) The division shall adopt and promulgate rules providing for the release of all or partof a performance bond, surety, or deposit which will include the following requirements:
(a) filing of a request with the division by the operator; and
(b) advertisement by the operator designed to give public notice of the release and thereclamation steps taken by the operator.
(2) Upon receipt of the notification and request, the division shall within 30 days conductan inspection and evaluation of the reclamation work involved. The evaluation shall consider,among other things, the degree of difficulty to complete any remaining reclamation, whetherpollution of surface and subsurface water is occurring, the probability of continuance of futureoccurrence of the pollution, and the estimated cost of abating the pollution. The division shallnotify the operator in writing of its decision to release or not to release all or part of theperformance bond or deposit within 60 days from the filing of the request, if no public hearing isheld pursuant to Subsection (6), and if there has been a public hearing held pursuant toSubsection (6), within 30 days thereafter.
(3) The division may release in whole or in part the bond or deposit if the division issatisfied the reclamation covered by the bond or deposit or portion of them has beenaccomplished as required by this chapter according to the schedule set forth in the division'srules, but no bond shall be fully released until all reclamation requirements of this chapter arefinally met.
(4) If the division disapproves the application for release of the bond or portion of it, thedivision shall notify the permittee in writing, stating the reasons for disapproval andrecommending corrective actions necessary to secure the release and allowing opportunity for apublic hearing.
(5) When any application for total or partial bond release is filed with the division, thedivision shall notify the municipality in which a surface coal mining operation is located bycertified mail at least 30 days prior to the release of all or a portion of the bond.
(6) (a) Any person with a valid legal interest which may be adversely affected by releaseof the bond or the responsible officer or head of any federal, state, or local governmental agencywhich has jurisdiction by law or special expertise with respect to any environmental, social, oreconomic impact involved in the operation, or is authorized to develop and enforceenvironmental standards with respect to these operations shall have the right to file writtenobjections to the proposed release from bond with the division within 30 days after the lastpublication of the above notice.
(b) If written objections are filed and a conference is requested, the division shall informall the interested parties of the time and place of the conference and hold an informal conferencewithin 30 days after the request is filed with the division.
(c) The conference officer may convert the conference to a formal proceeding under thestandards set forth by Section 63G-4-202. The matter shall be scheduled for hearing before theboard and a hearing shall be held in accordance with the rules of practice and procedure of theboard.
(d) A decision from the informal conference may be appealed to the board. The boardshall hold a hearing pursuant to the rules of practice and procedure of the board.


Amended by Chapter 382, 2008 General Session