Utah Code > Title 40 > Chapter 10 – Coal Mining and Reclamation


§ 40-10-1	Legislative finding
§ 40-10-2	Purpose
§ 40-10-3	Definitions
§ 40-10-5	Activities exempted from chapter
§ 40-10-6	Powers, functions, and duties of board and division
§ 40-10-6.5	Rulemaking authority and procedure
§ 40-10-6.7	Administrative procedures
§ 40-10-7	Financial interest in mining operation prohibited — Penalty — Enforcement — Quorum for board hearings
§ 40-10-8	Exploration rules issued by division — Contents — Confidential information not to be publicly available — Penalty for violation — Division approval required for removal of excess coal
§ 40-10-9	Permit required for surface coal mining operations — Exemptions — Expiration of permit — Maximum time for commencement of mining operations — Renewal of permit
§ 40-10-10	Permit application fee — Submission of application and reclamation plan — Determinations, tests, and samplings — Filing of application — Insurance required — Blasting plan
§ 40-10-11	Division action on permit application — Requirements for approval — List of applicant’s mining law violation — Restoration of prime farmland
§ 40-10-12	Revised permit and reclamation plan — Application — Transfer, assignment, or sale of rights — Revision or modification of permit provisions
§ 40-10-13	Advertisement of ownership, location, and boundaries — Notice to interested agencies or bodies — Objections — Conference
§ 40-10-14	Division’s findings issued to applicant and parties to conference — Notice to applicant of approval or disapproval of application — Hearing — Temporary relief — Appeal to district court — Further review
§ 40-10-15	Performance bond — Duration of liability under bond — Cash deposit or securities in lieu of bond — Surety — Adjustment of amount
§ 40-10-16	Release of performance bond, surety, or deposit — Inspection and evaluation of reclamation work — Action on application for release of bond — Objections — Formal hearing or informal conference
§ 40-10-17	Performance standards for all coal mining and reclamation operations — Additional standards for steep-slope surface coal mining — Variances
§ 40-10-18	Underground coal mining — Rules regarding surface effects — Operator requirements — Repair or compensation for damage — Replacement of water
§ 40-10-18.1	Suspension of underground mining upon finding of immediate danger to inhabitants at surface
§ 40-10-18.2	Applicability of other chapter provisions
§ 40-10-19	Information provided by permittees to division — Inspections by division — Signs required at operations entrances — Violations reported by reclamation officers — Copies of records and reports available to public
§ 40-10-20	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
§ 40-10-21	Civil action to compel compliance with chapter — Jurisdiction — Venue — Division and board as parties — Court costs — Security when temporary restraining order or injunction sought — Other rights not affected — Action for damages
§ 40-10-22	Violation of chapter or permit conditions — Inspection — Cessation order, abatement notice, or show cause order — Suspension or revocation of permit — Review — Costs assessed against either party
§ 40-10-23	Time for bringing criminal proceeding
§ 40-10-24	Determination of unsuitability of lands for surface coal mining — Petition — Public hearing — Detailed statement by division
§ 40-10-25	Abandoned mine reclamation program — Expenditure priorities — Eligible lands and water — Requirements for use of funds for reclamation or drainage abatement — Priority sites — Effect of release of bond or deposit
§ 40-10-25.1	Abandoned Mine Reclamation Fund created — Contents — Use of money
§ 40-10-25.2	Liability limitation for abandoned mine reclamation
§ 40-10-26	State reclamation plan and annual projects submitted to Secretary of Interior — Contents of plan — Annual support and implementation requests — Costs for proposed projects
§ 40-10-27	Entry upon land adversely affected by past coal mining practices — Conducting of studies or exploratory work — State acquisition of land — Lien — Waste disposal fund — Water pollution control and treatment plants
§ 40-10-28	Recovery of reclamation costs — Lien against reclaimed land
§ 40-10-28.1	Certification of completion of coal reclamation
§ 40-10-29	Other enforcement and protection rights unaffected — Operator to replace adversely affected water supply of legitimate users
§ 40-10-30	Judicial review of rules or orders

Terms Used In Utah Code > Title 40 > Chapter 10 - Coal Mining and Reclamation

Active project area: means a project area that has not been dissolved in accordance with Section 17C-1-702. See Utah Code 17C-1-102
Adjudicative proceeding: means :Utah Code 68-3-12.5

Agency funds: means money that an agency collects or receives for agency operations, implementing a project area plan or an implementation plan as defined in Section 17C-1-1001, or other agency purposes, including:

(a)	project area funds;

(b)	income, proceeds, revenue, or property derived from or held in connection with the agency's undertaking and implementation of project area development or agency-wide project development as defined in Section 17C-1-1001;

(c)	a contribution, loan, grant, or other financial assistance from any public or private source;

(d)	project area incremental revenue as defined in Section 17C-1-1001; or

(e)

property tax revenue as defined in Section 17C-1-1001. See Utah Code 17C-1-102

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.

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

Applicable area: means :

(a)	for a proposal to create a special service district, the area included within the proposed special service district;

(b)	for a proposal to annex an area to an existing special service district, the area proposed to be annexed;

(c)	for a proposal to add a service to the service or services provided by a special service district, the area included within the special service district; and

(d)

for a proposal to consolidate special service districts, the area included within each special service district proposed to be consolidated. See Utah Code 17D-1-102

Appraisal: A determination of property value.

Assessment roll: means the same as that term is defined in Section 59-2-102. See Utah Code 17C-1-102

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Base taxable value: means , unless otherwise adjusted in accordance with provisions of this title, a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17C-1-102

Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized:

(a)	for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date;

(b)

for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee:

(i)	before the date on which the taxing entity committee approves the project area budget; or

(ii)	if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan;

(c)

for a project on an inactive airport site, after the later of:

(i)	the date on which the inactive airport site is sold for remediation and development; or

(ii)	the date on which the airport that operated on the inactive airport site ceased operations; or

(d)

for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. See Utah Code 17C-1-102

Basic levy: means the portion of a school district's tax levy constituting the minimum basic levy under Section 59-2-902. See Utah Code 17C-1-102

Bequest: Property gifted by will.

Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102

Budget hearing: means the public hearing on a proposed project area budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget, Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection 17C-5-302(2)(e) for a community reinvestment project area budget. See Utah Code 17C-1-102

Combined incremental value: means the combined total of all incremental values from all project areas, except project areas that contain some or all of a military installation or inactive industrial site, within the agency's boundaries under project area plans and project area budgets at the time that a project area budget for a new project area is being considered. See Utah Code 17C-1-102

Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Community: means a county or municipality. See Utah Code 17C-1-102

Community legislative body: means the legislative body of the community that created the agency. See Utah Code 17C-1-102

Community reinvestment project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102

Contest: means to file a written complaint in the district court of the county in which the agency is located. See Utah Code 17C-1-102

Continuance: Putting off of a hearing ot trial until a later time.

Contract: A legal written agreement that becomes binding when signed.

Conviction: A judgement of guilt against a criminal defendant.

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Dependent: A person dependent for support upon another.

Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102

Development impediment hearing: means a public hearing regarding whether a development impediment exists within a proposed:

(a)	urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section 17C-2-302; or

(b)

community reinvestment project area under Section 17C-5-404. See Utah Code 17C-1-102

Development impediment study: means a study to determine whether a development impediment exists within a survey area as described in Section 17C-2-301 for an urban renewal project area or Section 17C-5-403 for a community reinvestment project area. See Utah Code 17C-1-102

Devise: To gift property by will.

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special service district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17D-1-102

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Governing body: means :

(a)	the legislative body of the county or municipality that creates the special service district, to the extent that the county or municipal legislative body has not delegated authority to an administrative control board created under Section 17D-1-301; or

(b)

the administrative control board of the special service district, to the extent that the county or municipal legislative body has delegated authority to an administrative control board created under Section 17D-1-301. See Utah Code 17D-1-102

Hazardous waste: means any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment, under state or federal law or regulation. See Utah Code 17C-1-102

Highway: includes :Utah Code 68-3-12.5

Housing allocation: means project area funds allocated for housing under Section 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412. See Utah Code 17C-1-102

Inactive airport site: includes a perimeter of up to 2,500 feet around the land described in Subsection (30)(a). See Utah Code 17C-1-102

Inactive industrial site: includes a perimeter of up to 1,500 feet around the land described in Subsection (31)(a). See Utah Code 17C-1-102

Income targeted housing: means housing that is owned or occupied by a family whose annual income is at or below 80% of the median annual income for a family within the county in which the housing is located. See Utah Code 17C-1-102

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Land: includes :Utah Code 68-3-12.5

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Lien: A claim against real or personal property in satisfaction of a debt.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5

Municipality: means a city, town, or metro township as defined in Section 10-2a-403. See Utah Code 17C-1-102

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Participant: means one or more persons that enter into a participation agreement with an agency. See Utah Code 17C-1-102

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Person: means :Utah Code 68-3-12.5

Personal property: includes :Utah Code 68-3-12.5

Personal property: All property that is not real property.

Plaintiff: The person who files the complaint in a civil lawsuit.

Plan hearing: means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. See Utah Code 17C-1-102

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102

Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:

(a)	for an urban renewal project area, Section 17C-2-201;

(b)	for an economic development project area, Section 17C-3-201;

(c)	for a community development project area, Section 17C-4-204; or

(d)

for a community reinvestment project area, Section 17C-5-302. See Utah Code 17C-1-102

Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:

(a)	promoting, creating, or retaining public or private jobs within the state or a community;

(b)	providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;

(c)	planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;

(d)	providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;

(e)	altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;

(f)	providing open space, including streets or other public grounds or space around buildings;

(g)	providing public or private buildings, infrastructure, structures, or improvements;

(h)	relocating a business;

(i)	improving public or private recreation areas or other public grounds;

(j)	eliminating a development impediment or the causes of a development impediment;

(k)	redevelopment as defined under the law in effect before May 1, 2006; or

(l)

any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102

Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102

Project area funds collection period: means the period of time that:

(a)	begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and

(b)

ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102

Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102

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

Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Quorum: The number of legislators that must be present to do business.

real property: includes :Utah Code 68-3-12.5

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

record owner of property: means the owner of real property, as shown on the records of the county in which the property is located, to whom the property's tax notice is sent. See Utah Code 17C-1-102

Remand: When an appellate court sends a case back to a lower court for further proceedings.

Road: includes :Utah Code 68-3-12.5

Sales and use tax revenue: means revenue that is:

(a)	generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act; and

(b)

distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205. See Utah Code 17C-1-102

Service of process: The service of writs or summonses to the appropriate party.

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17D-1-102

Special assessment bond: means a bond payable from special assessments. See Utah Code 17D-1-102

Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that:

(a)	is created under authority of the Utah Constitution Article XI, Section 7; and

(b)

operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102

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

Statute: A law passed by a legislature.

Subpoena: A command to a witness to appear and give testimony.

Survey area: means a geographic area designated for study by a survey area resolution to determine whether:

(a)	one or more project areas within the survey area are feasible; or

(b)

a development impediment exists within the survey area. See Utah Code 17C-1-102

Survey area resolution: means a resolution adopted by a board that designates a survey area. See Utah Code 17C-1-102

Tax and revenue anticipation bond: means a bond:

(a)	issued in anticipation of the collection of taxes or other revenues or a combination of taxes and other revenues; and

(b)

that matures within the same fiscal year as the fiscal year in which the bond is issued. See Utah Code 17D-1-102

Tax increment: means the difference between:

(i)

the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and

(ii)

the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102

Taxable value: means :

(a)	the taxable value of all real property a county assessor assesses in accordance with 3, for the current year;

(b)	the taxable value of all real and personal property the commission assesses in accordance with 2, for the current year; and

(c)

the year end taxable value of all personal property a county assessor assesses in accordance with 3, contained on the prior year's tax rolls of the taxing entity. See Utah Code 17C-1-102

Taxing entity: means a public entity that:

(a)	levies a tax on property located within a project area; or

(b)

imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102

Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102

Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.

Writing: includes :Utah Code 68-3-12.5