in a mining operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated.
     (b) A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement.
     (13) (a) "Land affected" means the surface and subsurface of an area within the state where mining operations are being or will be conducted, including, but not limited to:
     (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.
     (b) All lands shall be excluded from the provisions of Subsection (13)(a) that would:
     (i) be includable as land affected, but which have been reclaimed in accordance with an approved plan, as may be approved by the board; and
     (ii) lands in which mining operations have ceased prior to July 1, 1977.
     (14) (a) "Mining operation" means activities conducted on the surface of the land for the exploration for, development of, or extraction of a mineral deposit, including, but not limited to, surface mining and the surface effects of underground and in situ mining, on-site transportation, concentrating, milling, evaporation, and other primary processing.
     (b) "Mining operation" does not include:
     (i) the extraction of sand, gravel, and rock aggregate;
     (ii) the extraction of oil and gas as defined in Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining;
     (iii) the extraction of geothermal steam;
     (iv) smelting or refining operations;
     (v) off-site operations and transportation;
     (vi) reconnaissance activities; or
     (vii) activities which will not cause significant surface resource disturbance or involve the use of mechanized earth-moving equipment, such as bulldozers or backhoes.
     (15) "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.
     (16) "Notice of intention" means a notice to commence mining operations, including revisions to the notice.
     (17) "Off-site" means the land areas that are outside of or beyond the on-site land.
     (18) (a) "On-site" means the surface lands on or under which surface or underground

mining operations are conducted.
     (b) A series of related properties under the control of a single operator, but separated by small parcels of land controlled by others, will be considered to be a single site unless an exception is made by the division.
     (19) "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.
     (20) "Order" means written information provided by the division or board to an operator or other parties, describing the compliance status of a permit or mining operation.
     (21) "Owner" 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 mineral deposit or the surface of lands employed in mining operations.
     (22) "Permit area" means the area of land indicated on the approved map submitted by the operator with the application or notice to conduct mining operations.
     (23) "Permit" means a permit or notice to conduct mining operations issued by the division.
     (24) "Permittee" means a person holding, or who is required by Utah law to hold, a valid permit or notice to conduct mining operations.
     (25) "Person" means an individual, partnership, association, society, joint stock company, firm, company, corporation, or other governmental or business organization.
     (26) "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 which will be consistent with local environmental conditions.
     (27) "Small mining operations" means mining operations which disturb or will disturb five or less surface acres at any given time.
     (28) "Unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of a violation of the permit or a requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate a violation of the permit or this chapter due to indifference, lack of diligence, or lack of reasonable care.

Amended by Chapter 344, 2009 General Session
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