S.B. 44

1

COAL MINING AND RECLAMATION
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gene Davis
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions relating to fees assessed for a coal mining and reclamation
11 application or permit.
12 Highlighted Provisions:
13 This bill:
14 . authorizes the board and division to adopt and assess:
15 . a fee for an application; and
16 . an annual fee for a permittee;
17 . limits the amount of an application fee to the division's costs; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 40-10-6, as last amended by Laws of Utah 2008, Chapter 382
26 40-10-10, as last amended by Laws of Utah 2006, Chapter 27
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 40-10-6 is amended to read:
30 40-10-6. Powers, functions, and duties of board and division.
31 (1) In addition to [those provided] the authority granted in Title 40, Chapter 8, Utah
32 Mined Land Reclamation Act, the board and division [have the following powers, functions,
33 and duties] may:
34 [(1) to] (a) make [and promulgate] rules, in accordance with Title 63G, Chapter 3,
35 Utah Administrative Rulemaking Act, [the rules as] that are specifically necessary for the
36 regulation of coal mining operations and reclamation operations;
37 [(2) to] (b) authorize its employees, agents, or contractors to enter upon any property
38 for the purpose of carrying out the provisions of this chapter and Title 40, Chapter 8, Utah
39 Mined Land Reclamation Act;
40 [(3) to] (c) (i) establish specific reclamation and performance standards for new and
41 existing coal mining operations; and [to]
42 (ii) effectuate [these] the standards authorized by Subsection (1)(c)(i) retroactively;
43 [(4) to] (d) (i) prohibit mining and exploration operations without a permit; and [to]
44 (ii) establish procedures and requirements for the preparation, submission, approval,
45 denial, termination, and modification of applications for:
46 (A) coal mining and reclamation permits; and [for]
47 (B) coal exploration permits;
48 [(5)] (e) [to set] by following the procedures and requirements of Title 63J, Chapter 1,
49 Budgetary Procedures Act, and Subsection 40-10-10 (1)(b), adopt and assess [an application]:
50 (i) a fee [based on no more than the actual cost of review and processing of the
51 application, this fee to accompany each application for a surface coal mining and reclamation
52 permit and each application for an exploration permit;] for an application authorized by this
53 chapter; and
54 (ii) an annual fee for a permittee;
55 [(6) to] (f) establish procedures and detailed requirements for all reclamation plans
56 submitted as part of a permit application;
57 [(7) to] (g) (i) condition the issuance of a permit to commence or continue surface
58 mining operations upon the posting of performance bonds, deposits, or sureties; and [to]

59 (ii) make provision for the release of [same] a bond, deposit, or surety in compliance
60 with the requirements of this chapter;
61 [(8) to] (h) appoint or employ technical support, legal services, or independent
62 consultants in furtherance of the objectives of this chapter [and shall be responsible for
63 coordination with other agencies in matters relating to mined land reclamation and the
64 application of related law]; and
65 [(9) to] (i) do all other things and take [such] other actions retroactively or otherwise
66 within the purposes of this chapter as may be necessary to enforce its provisions.
67 (2) The board and division shall coordinate with other agencies in matters relating to
68 mined land reclamation and the application of related law.
69 Section 2. Section 40-10-10 is amended to read:
70 40-10-10. Permit application fee -- Submission of application and reclamation
71 plan -- Determinations, tests, and samplings -- Filing of application -- Insurance required
72 -- Blasting plan.
73 (1) (a) Each application for a surface coal mining and reclamation permit under the
74 provisions of this chapter shall be accompanied by a fee [as determined by the division] as
75 authorized by Section 40-10-6 .
76 (b) The fee specified in [this] Subsection (1)(a) may not exceed the division's actual or
77 anticipated cost [by the division to process and review the application.] of reviewing,
78 administering, and enforcing the permit.
79 (2) (a) The permit application and the reclamation plan submitted as part of a permit
80 application shall be submitted in the manner, form, and with the content specified by the
81 division in its rules, and shall include the names and addresses of:
82 (i) the permit applicant;
83 (ii) every legal owner of record of the surface and mineral estate to be mined;
84 (iii) the holders, of record, of any leasehold interest in the property;
85 (iv) any purchaser, of record, of the property under a real estate contract;
86 (v) the operator, if [he] the operator is a person different from the applicant; and
87 (vi) the names and addresses of the principals, officers, and resident agent for service
88 of process, if any of these are business entities other than a single proprietor.
89 (b) (i) A permit application shall include:

90 (A) an accurate map or plan, to an appropriate scale, clearly showing:
91 (I) the land to be affected as of the date of the application[,]; and
92 (II) the area of land within the permit area upon which the applicant has the legal right
93 to enter and commence surface mining operations; and
94 (B) a statement of:
95 (I) those documents upon which the applicant bases [his] the applicant's legal right to
96 enter and commence surface mining operations on the area affected[,]; and
97 (II) whether [that] the right to enter and commence surface mining operations is the
98 subject of pending court litigation.
99 (ii) This chapter may not be construed as vesting in the division the jurisdiction to
100 adjudicate property title disputes.
101 (c) (i) A permit application shall also include a:
102 (A) determination of the probable hydrologic consequences of the mining and
103 reclamation operations, both on and off the mine site with respect to the hydrologic regime;
104 (B) determination of the quantity and quality of water in surface and groundwater
105 systems, including the dissolved and suspended solids under seasonal flow conditions; and
106 (C) collection of sufficient data for the mine site and surrounding areas so that an
107 assessment can be made by the division of the probable cumulative impacts of all anticipated
108 mining in the area upon the hydrology of the area and, particularly, upon water availability.
109 (ii) The [determination required under] division may not require the determination
110 described in Subsection (2)(c)(i) [shall not be required] until the hydrologic information on the
111 general area prior to mining is made available from an appropriate federal or state agency.
112 (iii) The division may not approve the permit [shall not be approved] until the
113 information required under this section is available and is incorporated into the application.
114 (d) (i) [A] Except as provided by Subsection (2)(d)(ii), a permit application [will] shall
115 also include the following information:
116 (A) the result of test borings or core samplings from the permit area, including logs of
117 the drill holes;
118 (B) the thickness of the coal seam found;
119 (C) an analysis of the chemical properties of the coal;
120 (D) the sulfur content of any coal seam;

121 (E) chemical analysis of potentially acid or toxic-forming sections of the overburden;
122 and
123 (F) chemical analysis of the stratum lying immediately underneath the coal to be
124 mined.
125 (ii) [Application] The division may waive the application requirements of Subsection
126 (2)(d)(i) [may be waived by the division] if there is a written determination that [these] the
127 requirements are unnecessary.
128 (3) (a) If the division finds that the probable total annual production at all locations of a
129 coal surface mining operator will not exceed 300,000 tons, and if funding is available under the
130 Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. Sec. 1201 et seq., the division
131 shall pay the cost of the following activities [shall be paid by the division], upon the written
132 request of the operator in connection with a permit application:
133 (i) the determination of probable hydrologic consequences required by Subsection
134 (2)(c), including the engineering analyses and designs necessary for the determination;
135 (ii) the development of cross-section maps and plans of the land to be affected,
136 including the area to be mined;
137 (iii) the geologic drilling and statement of results of test borings and core samplings
138 required by Subsection (2)(d);
139 (iv) the collection of archaeological and historical information required by the division,
140 and the preparation of those plans;
141 (v) preblast surveys required by Subsection 40-10-17 (2)(o); and
142 (vi) the collection of site-specific resource information and production of protection
143 and enhancement plans for fish and wildlife habitats and other environmental values required
144 by the division under this [act] chapter.
145 (b) The activities specified in Subsection (3)(a) shall be performed by a qualified
146 public or private laboratory or other qualified public or private entity designated by the
147 division.
148 (c) A coal operator who has received assistance pursuant to this Subsection (3) shall
149 reimburse the division for the cost of the services rendered, if the division finds that the
150 operator's actual and attributed annual production of coal for all locations exceeds 300,000 tons
151 during the 12 months immediately following the date on which the operator is issued the

152 surface coal mining and reclamation permit.
153 (4) (a) Information pertaining to coal seams, test borings, core samplings, or soil
154 samples or other equivalent information, as required by this section, shall be made available to
155 a person whose interest is, or may be, adversely affected.
156 (b) Information [which] that pertains only to the analysis of the chemical and physical
157 properties of the coal, except information regarding any mineral or elemental content which is
158 potentially toxic to the environment, shall be kept confidential and not made a matter of public
159 record.
160 (5) An applicant for a surface coal mining and reclamation permit shall file a copy of
161 the application for public inspection with the county clerk of the county, or an appropriate
162 public office approved by the division where the mining is proposed to occur, except for
163 information pertaining to the coal seam itself.
164 (6) (a) An applicant for a permit shall [be required to] submit to the division as part of
165 the permit application:
166 (i) a certificate issued by an insurance company, authorized to do business in the state,
167 certifying that the applicant has a public liability insurance policy in force for the surface
168 mining and reclamation operation for which the permit is sought[,]; or
169 (ii) evidence that the applicant has satisfied other state or federal self-insurance
170 requirements.
171 (b) The policy shall:
172 (i) provide for personal injury and property damage protection in an amount adequate
173 to compensate any persons:
174 (A) damaged as a result of surface coal mining and reclamation operations, including
175 the use of explosives[,]; and
176 (B) entitled to compensation under the applicable provisions of state law; and
177 (ii) be maintained in full force and effect during the terms of the permit or any renewal,
178 including the length of all reclamation operations.
179 (7) An applicant for a surface coal mining and reclamation permit shall submit to the
180 division, as part of the permit application, a blasting plan which shall outline the procedures
181 and standards by which the operator will meet the provisions of Subsection 40-10-17 (2)(o).

Legislative Review Note
as of 11-19-08 4:37 PM

Office of Legislative Research and General Counsel