Utah Code -- Title 40 -- Chapter 10 -- Coal Mining and Reclamation

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Updated: 21 December 2009

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40-10-1    Legislative finding.
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40-10-2    Purpose.
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40-10-3    Definitions.
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40-10-5    Activities exempted from chapter.
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40-10-6    Powers, functions, and duties of board and division.
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40-10-6.5    Rulemaking authority and procedure.
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40-10-6.7    Administrative procedures.
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40-10-7    Financial interest in mining operation prohibited -- Penalty -- Enforcement -- Quorum for board hearings.
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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.
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40-10-9    Permit required for surface coal mining operations -- Exemptions -- Expiration of permit -- Maximum time for commencement of mining operations -- Renewal of permit.
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40-10-10    Permit application fee -- Submission of application and reclamation plan -- Determinations, tests, and samplings -- Filing of application -- Insurance required -- Blasting plan.
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40-10-11 [New]   Division action on permit application -- Requirements for approval -- List of applicant's mining law violation -- Restoration of prime farmland.
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40-10-12    Revised permit and reclamation plan -- Application -- Transfer, assignment, or sale of rights -- Revision or modification of permit provisions.
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40-10-13    Advertisement of ownership, location, and boundaries -- Notice to interested agencies or bodies -- Objections -- Conference.
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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.
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40-10-15    Performance bond -- Duration of liability under bond -- Cash deposit or securities in lieu of bond -- Surety -- Adjustment of amount.
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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.
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40-10-17 [New]   Performance standards for all coal mining and reclamation operations -- Additional standards for steep-slope surface coal mining -- Variances.
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40-10-18    Underground coal mining -- Rules regarding surface effects -- Operator requirements -- Repair or compensation for damage -- Replacement of water.
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40-10-18.1    Suspension of underground mining upon finding of immediate danger to inhabitants at surface.
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40-10-18.2    Applicability of other chapter provisions.
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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.
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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.
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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.
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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.
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40-10-23    Time for bringing criminal proceeding.
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40-10-24    Determination of unsuitability of lands for surface coal mining -- Petition -- Public hearing -- Detailed statement by division.
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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.
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40-10-25.1    Abandoned Mine Reclamation Fund created -- Contents -- Use of monies.
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40-10-25.2    Liability limitation for abandoned mine reclamation.
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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.
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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.
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40-10-28    Recovery of reclamation costs -- Lien against reclaimed land.
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40-10-28.1 [New]   Certification of completion of coal reclamation.
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40-10-29    Other enforcement and protection rights unaffected -- Operator to replace adversely affected water supply of legitimate users.
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40-10-30    Judicial review of rules or orders.
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[New] means this portion of the Utah Code has been modified since the last update on 28 May 2009.

Last revised: 21 December 2009

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