(1) 

Terms Used In Utah Code 40-8-18

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Approved notice of intention: means a formally filed notice of intention to commence mining operations, including revisions to the notice of intention that is approved under Section 40-8-13. See Utah Code 40-8-4
  • Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-8-4
  • Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-8-4
  • 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. See Utah Code 40-8-4
  • Notice: means :
(a) notice of intention, as defined in this chapter; or
(b) written information given to an operator by the division describing compliance conditions at a mining operation. See Utah Code 40-8-4
  • Notice of intention: means a notice to commence mining operations, including revisions to the notice. See Utah Code 40-8-4
  • 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. See Utah Code 40-8-4
  • Permittee: means a person holding, or who is required by Utah law to hold, a valid permit or notice to conduct mining operations. See Utah Code 40-8-4
  • 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. See Utah Code 40-8-4
  • 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. See Utah Code 40-8-4
  • (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