40-8 - Utah Mined Land Reclamation Act
Title 40 > 40-8
Sections (27)
40-8-1 - Short title.
This act shall be known and may be cited as the “Utah Mined Land Reclamation Act.”
40-8-2 - Legislative findings.
The Utah Legislature finds that: 40-8-2(1) A mining industry is essential to the economic and physical well-being of the state of Utah and the nation. 40-8-2(2) It is necessary to alter the surface of the earth to extract minerals required by our society, but this should be done in such a way as to minimize undesirable effects on the surroundings. 40-8-2(3) Mined land should be reclaimed so as to prevent conditions detrimental to the general safety and welfare of the citizens of the state and to provide for the subsequent use of the lands affected. Reclamation requirements must be adapted to the diversity of topographic, chemical, climatic, biologic, geologic, economic, and social conditions in the areas where mining takes place.
40-8-3 - Purpose.
The purpose of this act is to provide that from the effective date of the act, except as otherwise provided in this act, all mining in the state shall include plans for reclamation of the land affected.
40-8-4 - Definitions.
As used in this chapter: 40-8-4(1) “Adjudicative proceeding” means:a division or board action or proceeding determining the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, permit, or license; orjudicial review of a division or board action or proceeding specified in Subsection (1)(a). 40-8-4(2) “Amendment” means a request for an insignificant change to a notice of intention, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 40-8-4(3) “Applicant” means a person who has filed a notice of intent to commence mining operations, or who has applied to the board for a review of a notice or order. 40-8-4(4) “Approved notice of intention” means a formally filed notice of intention to commence mining operations, including revisions or amendments to the notice of intention that is approved under Section 40-8-13.An approved notice of intention is not required for small mining operations. 40-8-4(5) “Basalt” means fine-grained mafic igneous rock formed in the tertiary or quaternary periods.A Utah Geological Survey published map or a United States Geological Survey published map that classifies material as “basalt” is prima facie evidence that the material meets the requirements of Subsection (5)(a). An unmapped area may be classified by a Utah Geological Survey geologist or a professional geologist licensed in the state. 40-8-4(6) “Board” means the Board of Oil, Gas, and Mining. 40-8-4(7) “Boulder” means a naturally occurring consolidated rock fragment greater than 75 millimeters in size that is associated with unconsolidated material and detached from bedrock. 40-8-4(8) “Conference” means an informal adjudicative proceeding conducted by the division. 40-8-4(9) “Deposit” or “mineral deposit” means an accumulation of mineral matter in the form of consolidated rock, unconsolidated material, solutions, or occurring on the surface, beneath the surface, or in the waters of the land from which any product useful to man may be produced, extracted, or obtained or which is extracted by underground mining methods for underground storage.”Deposit” or “mineral deposit” excludes sand, gravel, rock aggregate, basalt, boulders, water, geothermal steam, and oil and gas as defined in Chapter 6, Board and Division of Oil, Gas, and Mining, but includes oil shale and bituminous sands extracted by mining operations. 40-8-4(10) “Development” means the work performed in relation to a deposit following the deposit’s discovery but before and in contemplation of production mining operations, aimed at preparing the site for mining operations, defining further the ore deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities, and other related activities. 40-8-4(11) “Division” means the Division of Oil, Gas, and Mining. 40-8-4(12) “Emergency order” means an order issued by the board in accordance with Section 63G-4-502. 40-8-4(13) “Exploration” means surface-disturbing activities conducted for the purpose of:discovering a deposit or mineral deposit;delineating the boundaries of a deposit or mineral deposit; andidentifying regions or specific areas in which deposits or mineral deposits are most likely to exist.”Exploration” includes:sinking shafts;tunneling;drilling holes and digging pits or cuts;building of roads, and other access ways; andconstructing and operating other facilities related to the activities described in this Subsection (13)(b). 40-8-4(14) “Gravel” means a naturally occurring unconsolidated to moderately consolidated accumulation of rock and mineral particles, the dominant size range being between 4 millimeters and 75 millimeters, that has been deposited by sedimentary processes. 40-8-4(15) “Hearing” means a formal adjudicative proceeding conducted by the board under the board’s procedural rules. 40-8-4(16) “Imminent danger to the health and safety of the public” means the existence of a condition or practice, or a violation of a permit requirement or other requirement of this chapter in a mining operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated.A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose the rational person to the danger during the time necessary for abatement. 40-8-4(17) “Land affected” means the surface and subsurface of an area within the state where mining operations are being or will be conducted, including:on-site private ways, roads, and railroads;land excavations;exploration sites;drill sites or workings;refuse banks or spoil piles;evaporation or settling ponds;stockpiles;leaching dumps;placer areas;tailings ponds or dumps; andwork, parking, storage, or waste discharge areas, structures, and facilities.Lands are excluded from Subsection (17)(a) that would:be includable as land affected, but which have been reclaimed in accordance with an approved plan, as may be approved by the board; andinclude lands in which mining operations have ceased before July 1, 1977. 40-8-4(18) “Large mining operation” means a mining operation that is not a small mining operation and, for purposes of filing a notice of intention, does not include an exploration mining operation. 40-8-4(19) “Mining operation” means activities conducted on the surface of the land for the exploration for, development of, or extraction of a mineral deposit, including surface mining and the surface effects of underground and in situ mining, on-site transportation, concentrating, milling, evaporation, and other primary processing.”Mining operation” does not include:the extraction of sand, gravel, rock aggregate, and boulders;the extraction of basalt for an area not to exceed 50 acres under active surface mining;the extraction of oil and gas as defined in Chapter 6, Board and Division of Oil, Gas, and Mining;the extraction of geothermal steam;smelting or refining operations;off-site operations and transportation;reconnaissance activities; oractivities that will not cause significant surface resource disturbance or involve the use of mechanized earth-moving equipment, such as bulldozers or backhoes. 40-8-4(20) “Notice” means:notice of intention, as defined in this chapter; orwritten information given to an operator by the division describing compliance conditions at a mining operation. 40-8-4(21) “Notice of intention” means a notice to commence mining operations, including revisions to the notice. 40-8-4(22) “Off-site” means the land areas that are outside of or beyond the on-site land. 40-8-4(23) “On-site” means the surface lands on or under which surface or underground mining operations are conducted.A series of related properties under the control of a single operator, but separated by small parcels of land controlled by others, are considered to be a single site unless an exception is made by the division. 40-8-4(24) “Operator” means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mining operation or proposed mining operation. 40-8-4(25) “Order” means written information provided by the division or board to an operator or other parties, describing the compliance status of a permit or mining operation. 40-8-4(26) “Owner” means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mineral deposit or the surface of lands employed in mining operations. 40-8-4(27) “Permit” means a permit order. 40-8-4(28) “Permit area” means the area of land indicated on the approved map submitted by the operator with the application or notice to conduct mining operations. 40-8-4(29) “Permit order” means an action by the division that:approves a notice of intention to commence a large mining operation or revise or amend a large mining operation; ordeclares a notice of intention for a large mining operation deficient;accepts as complete a notice of intention to commence a small mining operation or revise or amend a small mining operation; andapproves the amount and form of surety for a notice of intention; orapproves a notice of intention to conduct an exploration operation or revise or amend an exploration operation. 40-8-4(30) “Permittee” means a person holding, or who is required by Utah law to hold, a valid permit or notice to conduct mining operations. 40-8-4(31) “Person” means an individual, partnership, association, society, joint stock company, firm, company, corporation, or other governmental or business organization. 40-8-4(32) “Reclamation” means actions performed during or after mining operations to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable ecological condition and use that is consistent with local environmental conditions. 40-8-4(33) “Review proceeding” means a proceeding under this chapter to address a challenge to a permit order. 40-8-4(34) “Revision” means a request for a change to a notice of intention that is not an amendment to a notice of intention. 40-8-4(35) “Rock aggregate” means those consolidated rock materials associated with a sand deposit, a gravel deposit, or a sand and gravel deposit that were created by alluvial sedimentary processes.”Rock aggregate” excludes any solid rock in the form of bedrock, other than basalt, that is exposed at the surface of the earth or overlain by unconsolidated material. 40-8-4(36) “Sand” means a naturally occurring unconsolidated to moderately consolidated accumulation of rock and mineral particles, the dominant size range being between .004 millimeters to 4 millimeters, that has been deposited by sedimentary processes. 40-8-4(37) “Small mining operations” means mining operations that disturb or will disturb 20 or less surface acres at any given time in an unincorporated area of a county or 10 or less surface acres at any given time in an incorporated area of a county. 40-8-4(38) “Substantive public comment” means a public comment that:is specific to a proposed action;has a direct relationship to the proposed action;includes supporting reasons for the division to consider; andaddresses issues that are within the scope of the division’s jurisdiction. 40-8-4(39) “Unwarranted failure to comply” means the failure of a permittee to prevent the occurrence of a violation of the permit or a requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate a violation of the permit or this chapter due to indifference, lack of diligence, or lack of reasonable care.
40-8-5 - Authority to enforce chapter — Coordination of procedures — Department of Environmental Quality.
40-8-5(1) The board and the division have jurisdiction and authority over all persons and property, both public and private, necessary to enforce this chapter. 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. 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. 40-8-5(2) 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. 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. 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. 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. 40-8-5(3) Nothing in this chapter is intended to abrogate or interfere with the powers or duties of the Department of Environmental Quality.
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: 40-8-6(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. 40-8-6(2) To hold hearings and to issue orders or other appropriate instruments based upon the results of those hearings. 40-8-6(3) To issue emergency orders according to the requirements and provisions of Title 63G, Chapter 4, Administrative Procedures Act. 40-8-6(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.
40-8-7 - Board and division — Authority.
40-8-7(1) The board and the division may require:
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; the reclamation of lands affected by mining operations after the effective date of this chapter having due regard for innate differences in mineral deposits; 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; that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, or tunnel as required under Section 40-8-13; that the operator pay legally determined public liability and property damage claims resulting from mining operations; 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; 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; the suspension of mining operations in an emergency situation; the payment of fixed, uniform, and nonescalating permit fees; or that mining operations be conducted to minimize or prevent hazards to public health and safety. 40-8-7(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. 40-8-7(3) The board may promulgate rules relating to the surety for mining operations in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
40-8-8 - Board authority to act — Entry of order — Confidential data.
40-8-8(1) The board may:
file a notice of agency action; or respond to a request for agency action initiated by an affected person. 40-8-8(2) The board shall enter its order within 60 days after the hearing. All orders entered by the board shall be: entered in books to be kept by the board for that purpose; indexed; and public records open for inspection at all times during reasonable office hours. Confidential data disclosed under this chapter shall be protected and not become public records, except as provided in Section 40-8-13.
40-8-9 - Evasion of chapter or orders — Penalties — Limitations of actions — Violation of chapter or permit conditions — Inspection — Cessation order, abatement notice, or show cause order — Suspension or revocation of permit — Review — Division enforcement authority — Appeal provisions.
40-8-9(1) A person, owner, or operator who willfully or knowingly evades this chapter, or who for the purpose of evading this chapter or any order issued under this chapter, willfully or knowingly makes or causes to be made any false entry in any report, record, account, or memorandum required by this chapter, or by the order, or who willfully or knowingly omits or causes to be omitted from a report, record, account, or memorandum, full, true, and correct entries as required by this chapter, or by the order, or who willfully or knowingly removes from this state or destroys, mutilates, alters, or falsifies any record, account, or memorandum, is guilty of a class B misdemeanor and, upon conviction, is subject to a fine of not more than $10,000 for each violation.Each day of willful failure to comply with an emergency order is a separate violation. 40-8-9(2) No suit, action, or other proceeding based upon a violation of this chapter, or any rule or order issued under this chapter, may be commenced or maintained unless the suit, action, or proceeding is commenced within five years from the date of the alleged violation. 40-8-9(3) If, on the basis of information available, the division has reason to believe that a person is in violation of a requirement of this chapter or a permit condition required by this chapter, the division shall immediately order inspection of the mining operation at which the alleged violation is occurring, unless the information available to the division is a result of a previous inspection of the mining operation.If, on the basis of an inspection, the division determines that a condition or practice exists, or that a permittee is in violation of a requirement of this chapter or a permit condition required by this chapter, and the condition, practice, or violation also creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the division shall immediately order a cessation of mining and operations or the portion relevant to the condition, practice, or violation.The cessation order shall remain in effect until the division determines that the condition, practice, or violation has been abated, or until modified, vacated, or terminated by the division.If the division finds that the ordered cessation of mining operations, or a portion of the operation, will not completely abate the imminent danger to the health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the division shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the division considers necessary to abate the imminent danger or the significant environmental harm.If, on the basis of an inspection, the division determines that a permittee is in violation of a requirement of this chapter or a permit condition required by this chapter, but the violation does not create an imminent danger to the health or safety of the public or cannot be reasonably expected to cause significant, imminent environmental harm to land, air, or water resources, the division shall issue a notice to the permittee or the permittee’s agent specifying a reasonable time, but not more than 90 days, for the abatement of the violation and providing an opportunity for a conference with the division.If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown, and upon the written finding of the division, the division finds that the violation has not been abated, it shall immediately order a cessation of mining operations or the portion of the mining operation relevant to the violation.The cessation order shall remain in effect until the division determines that the violation has been abated or until modified, vacated, or terminated by the division pursuant to this Subsection (3).In the order of cessation issued by the division under this Subsection (3), the division shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order.Notices and orders issued under this section shall set forth with reasonable specificity:the nature of the violation and the remedial action required;the period of time established for abatement; anda reasonable description of the portion of the mining and reclamation operation to which the notice or order applies.Each notice or order issued under this section shall be given promptly to the permittee or the permittee’s agent by the division, and the notices and orders shall be in writing and shall be signed by the director, or the director’s authorized representative who issues notices or orders.A notice or order issued under this section may be modified, vacated, or terminated by the division, but any notice or order issued under this section which requires cessation of mining by the operator shall expire within 30 days of the actual notice to the operator, unless a conference is held with the division. 40-8-9(4) The division may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, if the permittee or the permittee’s agent:violates or fails or refuses to comply with an order or decision issued by the division under this chapter;interferes with, hinders, or delays the division, or its authorized representatives, in carrying out the provisions of this chapter;refuses to admit the authorized representatives to the mine;refuses to permit inspection of the mine by the authorized representative; orrefuses to furnish any information or report requested by the division in furtherance of the provisions of this chapter.Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the attorney general brings the action described in Subsection (4)(a) in the district court, the attorney general shall bring the action in the county in which:the mining and reclamation operation is located; orthe permittee of the operation has the permittee’s principal office.The court shall have jurisdiction to provide the appropriate relief.Relief granted by the court to enforce an order under Subsection (4)(a)(i) shall continue in effect until the completion or final termination of all proceedings for review of that order under this chapter, unless, prior to this completion or termination, the court granting the relief sets it aside or modifies the order. 40-8-9(5) A permittee issued a notice or order by the division, pursuant to the provisions of Subsections (3)(b) and (3)(c), or a person having an interest that may be adversely affected by the notice or order, may apply to the board for review of the notice or order within 30 days of receipt of the notice or order, or within 30 days of a modification, vacation, or termination of the notice or order.Upon receipt of this application, the board shall pursue an investigation as it considers appropriate.The investigation shall provide an opportunity for a public hearing at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or that person to present information relating to the issuance and continuance of the notice or order of the modification, vacation, or termination of the notice or order.The filing of an application for review under this Subsection (5)(a) shall not operate as a stay of an order or notice.The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior to the hearing.This hearing shall be of record and shall be subject to judicial review.Pending completion of the investigation and hearing required by this section, the applicant may file with the board a written request that the board grant temporary relief from any notice or order issued under this section, with a detailed statement giving the reasons for granting this relief.The board shall issue an order or decision granting or denying this relief expeditiously.Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to this section, the board shall hold a public hearing, after giving written notice of the time, place, and date of the hearing.The hearing shall be of record and shall be subject to judicial review.Within 60 days following the public hearing, the board shall issue and furnish to the permittee and all other parties to the hearing, a written decision, and the reasons for the decision, regarding suspension or revocation of the permit.If the board revokes the permit, the permittee shall immediately cease mining operations on the permit area and shall complete reclamation within a period specified by the board, or the board shall declare the performance bonds forfeited for the operation.An action taken by the board under this section, or any other provision of the state program, is subject to judicial review by a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. 40-8-9(6) A criminal proceeding for a violation of this chapter, or a regulation or order issued under this chapter, shall be commenced within five years from the date of the alleged violation.
40-8-9.1 - Civil penalty for violation of chapter — Informal conference — Public hearing — Contest of violation or amount of penalty — Collection — Criminal penalties — Civil penalty for failure to correct violation — Civil penalties.
40-8-9.1(1) A permittee who violates a permit condition or other provision of this chapter, may be assessed a civil penalty by the division.If the violation leads to the issuance of a cessation order under Subsection 40-8-9(3), the civil penalty shall be assessed.The penalty may not exceed 10,000, or by imprisonment for not more than one year, or both. 40-8-9.1(6) Whenever a corporate permittee violates a condition of a permit issued pursuant to this chapter or fails or refuses to comply with any order incorporated in a final decision issued by the board under this chapter, except an order incorporated in a decision issued under Subsection (3), a director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under Subsections (1) and (5). 40-8-9.1(7) Any person who knowingly makes a false statement, representation, or certification, or knowingly fails to make a statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter or an order or decision issued by the board under this chapter shall, upon conviction, be punished by a fine of not more than 750 for each day during which the failure or violation continues.The period permitted for correction of a violation for which a notice of cessation order has been issued under Subsection 40-8-9(3)(b) may not end until:the entry of a final order by the board, in a review proceeding initiated by the operator, in which the board orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements; orthe entry of an order of the court, a review proceeding initiated by the operator, in which the court orders the suspension of the abatement requirements of the citation. 40-8-9.1(9) Money received by the state from civil penalties collected from actions resulting from this chapter shall be deposited into the division’s Abandoned Mine Reclamation Fund as established under Section 40-10-25.1 and shall be used for the reclamation of mined land impacts not covered by reclamation bonds.
40-8-10 - Notice.
Except as otherwise provided in this chapter, any notification required by this chapter shall be: 40-8-10(1) given by the board or division by personal service to individuals directly affected; and
by one publication in a daily newspaper of general circulation in Salt Lake City, Utah; and in all newspapers of general circulation published in the county or counties in which the land affected is situated; and 40-8-10(2) by publication in accordance with Section 45-1-101.
40-8-11 - Budget of administrative expenses — Procedure — Division authority to appoint or employ consultants.
40-8-11(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. 40-8-11(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.
40-8-12 - Objectives.
The objectives of mined land reclamation are: 40-8-12(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; 40-8-12(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 40-8-12(3) to minimize or prevent future hazards to public safety and welfare.
40-8-12.5 - Reclamation required.
Every operator shall be obligated to conduct reclamation and shall be responsible for the costs and expenses thereof.
40-8-13 - Notice of intention required before mining operations — Assurance of reclamation required in notice of intention — When contents confidential — Approval of notice of intention not required for small mining operations — Procedure for reviewing notice of intention.
40-8-13(1) Before any operator begins mining operations, or continues mining operations pursuant to Section 40-8-23, the operator shall file a notice of intention for each individual mining operation with the division.The notice of intention referred to in Subsection (1)(a) shall include:identification of the owners of any interest in a mineral deposit, including any ownership interest in surface land affected by the notice;copies of underground and surface mine maps;locations of drill holes;accurate area maps of existing and proposed operations; andinformation regarding the amount of material extracted, moved, or proposed to be moved, relating to the mining operation.The notice of intention for small mining operations shall include a statement that the operator shall conduct reclamation as required by rules promulgated by the board.The notice of intention for large mining operations shall include a plan for reclamation of the lands affected as required by rules promulgated by the board. 40-8-13(2) The division may require that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, or tunnel when no longer needed as part of the mining operation. 40-8-13(3) Information provided in the notice of intention, and its attachments relating to the location, size, or nature of the deposit that is marked confidential by the operator shall be protected as confidential information by the board and the division and is not a matter of public record unless the board or division obtains a written release from the operator, or until the mining operation has been terminated as provided in Subsection 40-8-21(2). 40-8-13(4) Subject to Subsection (6) for large mining operations, within 30 days from the receipt of a notice of intention, the division shall complete its review of the notice of intention and shall make further inquiries, inspections, or examinations that are necessary to properly evaluate the notice of intention.The division shall notify the operator of any objections to the notice of intention and shall grant the operator a reasonable opportunity to take action that may be required to remove the objections or obtain a ruling relative to the objections from the board. 40-8-13(5) Except for the form and amount of surety, an approval of a notice of intention for small mining operations is not required. 40-8-13(6) The notice of intention for large mining operations shall be reviewed as provided in this Subsection (6).Within 30 days after receipt of a notice of intention for a large mining operation, the division shall complete the division’s review of the notice of intention for completeness and notify the operator in writing that the notice of intention:is complete because the notice of intention is in a form approved by the division on which the operator provides a substantive response to each applicable request for information; oris incomplete.If the notice of intention is incomplete, the division shall give the operator a reasonable opportunity to take action required to complete the notice of intention.Within five business days of the day on which the division notifies the operator under Subsection (6)(b) that a notice of intention is complete, the division shall:submit for publication notice of the notice of intention and an opportunity for public comment:one time in the newspapers of general circulation published in the county where the land affected is situated; andone time in a newspaper of general circulation in Salt Lake City, Utah;publish notice of the notice of intention and an opportunity for public comment:on a public legal notice website as required in Section 45-1-101; andon the division’s public website; andmail notice of the notice of intention to:the zoning authority of the county or municipality where the land affected is situated; andthe owner of record of the land affected.The division shall accept public comment on a complete notice of intention for 30 days from the day on which notice is posted on the public legal notice website described in Subsection (6)(c)(ii)(A).The division shall include with a notice published under Subsection (6)(c)(ii), an electronic link by which a person may electronically submit public comment in the form and manner required by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.If a person wants to submit public comment through the mail, the person shall submit the public comment in writing in the form and manner required by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.Only a person, municipality, or county who submits a timely, substantive public comment during the public comment period is eligible to seek intervention in a review proceeding for the division’s final permit order on the notice of intention for a large mining operation.Within 15 days after the close of public comment under Subsection (6)(d), the division shall review the public comments received and identify all substantive public comments.The division shall transmit a copy of the substantive public comments received to the operator and shall file a copy for public inspection at the division.The division may hold a public meeting to discuss issues raised by public comment.If the division determines that a public meeting is necessary, the division shall hold the public meeting within 45 days after the end of the period to review public comments under Subsection (6)(d).By no later than 30 days of the later of the following, the division shall take an action described in Subsection (6)(f)(ii):the day on which time period under Subsection (6)(d) for accepting public comment ends; orthe day on which the division holds a public hearing under Subsection (6)(e).By no later than the day described in Subsection (6)(f)(i), the division shall:approve the notice of intention; orprovide the operator written notice of any deficiency and grant the operator a reasonable opportunity to take an action that is required to remove the deficiency.Upon approving a notice of intention, the division shall provide the operator notice of the approval and post a permit order approving the notice of intention on the division’s public website. 40-8-13(7) An operator may convert a small mining operation to a large mining operation or may convert a large mining operation to a small mining operation by filing a notice of intention with the division requesting the conversion. The division shall review the notice of intention according to the procedures provided in this section for the resulting mining operation. 40-8-13(8) Within 30 days after receipt of a notice of intention concerning exploration operations, the division will review the notice of intention and approve or disapprove the notice of intention.
40-8-13.1 - Procedures for review of permit orders.
40-8-13.1(1) As used in this section, “party” means:the division;the operator whose proposed mining operation is at issue in the permit order; orif granted intervention by the board:the municipality or county in which the proposed mining operation at issue in the permit order is located; ora person. 40-8-13.1(2) A party may obtain the review of a permit order by filing a petition for review before the board within 30 days after the date on which a permit order is issued.Only a party may file a petition for review of a permit order. 40-8-13.1(3) A petition for review shall:be filed and served in accordance with the board rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;include the party’s name, address, and telephone number;describe the nature and extent of the party’s property, financial, or other interest in the review proceeding;include a statement of the party’s contentions, including, as applicable:the legal authority under which the petition for review is requested;the legal authority under which the board has jurisdiction to review the petition for review;a statement setting forth the specific contentions that the party seeks to have litigated in the review proceeding;each of the party’s arguments in support of the party’s requested relief;a detailed description of any permit condition to which the party is objecting;any modification or addition to a permit order that the party is requesting; anda claim for relief; andfor a large mining operation permit order, if the party is not the division or the operator, include a statement and supporting documentation demonstrating that the party timely provided a substantive public comment that is compliant with rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as required by Subsection 40-8-13(6)(d)(iv).A party who files a petition for review may only raise a contention in the party’s petition for review or during the review proceeding that:is within the board’s jurisdiction;is supported with information or documentation that:is cited with reasonable specificity; andsufficiently enables the board to fully consider the substance and significance of the issue; andfor a party other than the division or operator and with regard to a large mining operation permit order, the party raised as a substantive public comment. 40-8-13.1(4) A municipality, county, or other person who is not a party may not participate in a review proceeding under this section unless granted the right to intervene by the board.A municipality, county, or person seeking to intervene in a review proceeding shall file a petition with the board by no later than the sooner of:15 days of the day on which a petition for review is filed under Subsection (2); or30 days after the date on which the permit order is issued if the person submits the petition to intervene under Subsection (4)(c).A person wanting to initiate a review of a permit order who has not been granted intervention by the board shall file a petition to intervene at the same time that the person files a petition for review under Subsections (2) and (3).A petition to intervene shall include:the petitioner’s name, address, and telephone number;the nature and extent of the petitioner’s property, financial, or other interest in the review proceeding;the possible effect of a decision or order that may be entered in the review proceeding on the petitioner’s interest described in Subsection (4)(d)(ii);a statement setting forth the specific contentions that the petitioner seeks to have litigated in the review proceeding;a brief explanation of the basis for the contention and a concise statement of the alleged facts or evidence the petitioner intends to rely on in proving the contention at the hearing; anda statement of the relief that the petitioner seeks from the board.A petitioner may only raise a contention under Subsection (4)(d) on a matter within the scope of the board’s jurisdiction.A petitioner may only raise a contention under Subsection (4)(d) related to a large mining operation permit order on a matter for which the person raised a substantive public comment.The board shall grant a petition for intervention if the board determines that:the petitioner’s legal interests may be substantially affected by the review proceeding; andthe interests of justice and the orderly and prompt conduct of the review proceedings will not be materially impaired by allowing the intervention.The board may delegate the determination of the right to intervene to a hearing examiner in accordance with rules made under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.A party aggrieved by a hearing examiner determination on a petition for intervention may appeal that determination to the board. The board shall make a determination on the appeal of the petition for intervention before hearing the merits of the case. 40-8-13.1(5) In a review proceeding, the operator and the division are parties to the review proceeding regardless of who files the petition for review and the operator and division do not need to file a separate petition to intervene. 40-8-13.1(6) If a petition for review of a permit order is filed under this section, the board shall:within 30 days from the day on which the petition for review is filed schedule:an intervention hearing pursuant to Subsection (4); oran administrative hearing before the board at the next regularly scheduled board public meeting; andissue the decision of the board by no later than 30 days from the day on which the administrative hearing described in Subsection (6)(a)(i)(B) is held.The board may consolidate two or more petitions for review of a permit order if the board finds that consolidation will aid the just, speedy, and economical determination of the issues presented before the board.The board shall conduct a de novo review of a permit order for which a petition for review has been filed under this section. 40-8-13.1(7) Review of a permit order is subject to Title 63G, Chapter 4, Administrative Procedures Act, to the extent that the chapter does not conflict with this section. 40-8-13.1(8) A person shall exhaust administrative remedies under this section before the person may seek judicial review of a permit order.
40-8-14 - Surety requirement — Liability of small mining operations for failure to reclaim — Forfeiture of surety.
40-8-14(1) After receiving notification that a notice of intention for mining operations has been approved, but prior to commencement of those operations, the operator shall provide surety to the division, in a form and amount determined by the division or board as provided in this section.In determining the amount of surety under this section, the division may use the average cost of reclamation per acre.The board shall annually establish a figure representing the average cost of reclamation per acre after receiving a presentation from the division concerning the average cost of reclamation per acre and providing opportunity for public comment. 40-8-14(2) Except as provided in Subsection (3), the division shall approve the amount and form of surety.In determining the amount of surety to be provided, the division shall consider:the magnitude, type, and costs of approved reclamation activities planned for the land affected; andthe nature, extent, and duration of operations under the approved notice.The division shall approve a fixed amount estimated to be required to complete reclamation at any point in time covered by the notice of intent.The division shall determine the amount of surety required for notices of intention, by using cost data from current large mining sureties.The costs shall be adjusted to reflect the nature and scope of activities in the affirmative statement filed under Section 40-8-18.In determining the form of surety to be provided by the operator, the division shall approve a method acceptable to the operator consistent with the requirements of this chapter.The form of surety that the operator may provide includes, but is not limited to, the following:collateral;a bond or other form of insured guarantee;deposited securities; orcash. 40-8-14(3) If the operator proposes reclamation surety in the form of a written contractual agreement, the board shall approve the form of surety.In making this decision, the board shall consider:the operator’s:financial status;assets within the state;past performance in complying with contractual agreements; andfacilities available to carry out the planned work;the magnitude, type, and costs of approved reclamation activities planned for the land affected; andthe nature, extent, and duration of operations under the approved notice. 40-8-14(4) In determining the amount and form of surety to be provided under this section, consideration shall be given to similar requirements made on the operator by landowners, governmental agencies, or others, with the intent that surety requirements shall be coordinated and not duplicated. 40-8-14(5) The liability under surety provisions shall continue until liability, in part, or in its entirety, is released by the division. 40-8-14(6) If the operator of a mining operation, including a small mining operation, fails or refuses to carry out the necessary land reclamation as outlined in the approved notice of intention, the board may, after notice and hearing, declare any surety filed for this purpose forfeited.With respect to the surety filed with the division, the board shall request the attorney general to take the necessary legal action to enforce and collect the amount of liability.If surety or a bond has been filed with the Division of Forestry, Fire, and State Lands, the School and Institutional Trust Lands Administration, or any agency of the federal government, the board shall certify a copy of the transcript of the hearing and transmit it to the agency together with a request that the necessary forfeiture action be taken.The forfeited surety shall be used only for the reclamation of the land to which it relates, and any residual amount returned to the rightful claimant.
40-8-14.5 - Study of surety issues.
40-8-14.5(1) As used in this section, “surety” means resources pledged by an operator to address reclamation obligations and includes:collateral;a bond or other form of insured guarantee;a deposited security;cash or other commodity accepted as a medium of economic exchange; ora written contractual agreement. 40-8-14.5(2) The division shall study the need, if any, to modify requirements under this chapter for an operator to pledge surety with the division.As part of the study, the division shall examine:the one or more forms of surety that the division should accept;the amounts of surety that should be imposed;the factors the division or board should consider in determining the form and amount of surety an operator shall pledge;similar surety requirements made on an operator by others, with the intent that surety requirements are coordinated and not duplicated;when surety should be released or forfeited;appropriate actions to enforce and collect against an operator who pledges surety;surety requirements in other states;whether insurance products or captive insurance companies could be used to address the reasons surety is needed;whether a state surety pool should be created by statute; andany other issue the division determines is helpful in modernizing the surety process under this chapter. 40-8-14.5(3) The division shall report the results of the study required by this section, including any recommendations for legislation, to the Natural Resources, Agriculture, and Environment Interim Committee on or before the committee’s 2025 October interim committee meeting.
40-8-15 - Notice of commencement to division — Operations and progress report.
40-8-15(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. 40-8-15(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.
40-8-16 - Approved notice of intention valid for life of operation — Withdrawal, withholding, or refusal of approval — Procedure and basis.
40-8-16(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). 40-8-16(2) The board or the division shall not withdraw approval of a notice of intention or revision of it, except as follows:
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. Approval may be withdrawn in the event that the operator fails to provide and maintain surety as may be required under this chapter. 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. 40-8-16(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. 40-8-16(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.
40-8-17 - Responsibility of operator to comply with applicable rules, regulations and ordinances — Inspections.
40-8-17(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. 40-8-17(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.
40-8-18 - Notice of intention to amend or revise operations — Procedure.
40-8-18(1) An operator conducting mining operations under an approved notice of intention for a large mining operation or a complete notice of intention for a small mining operation shall submit to the division an amended or revised notice of intention when a change in mining operations will occur. The operator shall submit a notice of intention to amend or revise mining operations in the form required by the rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 40-8-18(2) The division shall review and approve or disapprove an amendment of a notice of intention for a large mining operation within 30 days of receipt of a notice of intention to amend mining operations.The division shall review and determine that an amendment of a notice of intention for a small mining operation is complete within 30 days of receipt of the notice of intention to amend mining operations.The division is not required to provide for public comment for an amendment of a notice of intention. 40-8-18(3) The division shall process and consider a notice of intention to revise mining operations in the same manner and within the same time period as an original notice of intention. 40-8-18(4) The operator is authorized and bound by the requirements of the existing notice of intention until the division acts on the amendment or revision and any revised surety requirements are established and satisfied. 40-8-18(5) Although approval of an amendment to the notice of intention by small mining operations is not required, the small mining operator shall file a revised surety before implementing the amended notice of intention. 40-8-18(6) An operator may not use this section to convert a small mining operation to a large mining operation.
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 the first operator’s responsibilities under the first operator’s 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.
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.
40-8-21 - Temporary suspension or termination of operations — Notice to division — Evaluation and inspection — Release of surety — Evidence of compliance.
40-8-21(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. 40-8-21(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. 40-8-21(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. 40-8-21(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.
40-8-22 - Division cooperation — Agreements.
40-8-22(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. 40-8-22(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.
40-8-23 - Effective dates — Exceptions.
This act shall become effective 60 days after adjournment of the Legislature except as follows: 40-8-23(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 a 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. 40-8-23(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. 40-8-23(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 a 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. 40-8-23(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. 40-8-23(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.