Utah Code 40-8-7. Board and division — Authority

(1)

The board and the division may require:

Terms Used In Utah Code 40-8-7

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
Land: includes :Utah Code 68-3-12.5
Land affected: means the surface and subsurface of an area within the state where mining operations are being or will be conducted, including:

(i)	on-site private ways, roads, and railroads;

(ii)	land excavations;

(iii)

exploration sites;

(iv)	drill sites or workings;

(v)	refuse banks or spoil piles;

(vi)	evaporation or settling ponds;

(vii)

stockpiles;

(viii)

leaching dumps;

(ix)	placer areas;

(x)	tailings ponds or dumps; and

(xi)

work, parking, storage, or waste discharge areas, structures, and facilities. 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

On-site: means the surface lands on or under which surface or underground mining operations are conducted. 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

Permit: means a permit or notice to conduct mining operations issued by the division. See Utah Code 40-8-4

Property: includes both real and personal property. See Utah Code 68-3-12.5

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

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

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;

(b)	the reclamation of lands affected by mining operations after the effective date of this chapter having due regard for innate differences in mineral deposits;

(c)	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;

(d)	that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, or tunnel as required under Section 40-8-13;

(e)	that the operator pay legally determined public liability and property damage claims resulting from mining operations;

(f)	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;

(g)	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;

(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 health and safety.

(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.

(3)	The board may promulgate rules relating to the surety for mining operations in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 382, 2008 General Session

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