Title 40 Mines and Mining Chapter 8 Utah Mined Land Reclamation Act Section 5 Authority to enforce chapter -- Coordination of procedures -- Department of Environmental Quality.
40-8-5.Authority to enforce chapter -- Coordination of procedures -- Department
of Environmental Quality.
(1) (a) The board and the division have jurisdiction and authority over all persons and
property, both public and private, necessary to enforce this chapter.
(b) Any delegation of authority to any other state officer, board, division, commission, or
agency to administer any or all other laws of this state relating to mined land reclamation is
withdrawn and the authority is unqualifiedly conferred upon the board and division as provided
in this chapter.
(c) Nothing in this chapter, however, shall affect in any way the right of the landowner or
any public agency having proprietary authority under other provisions of law to administer lands
within the state to include in any lease, license, bill of sale, deed, right-of-way, permit, contract,
or other instrument, conditions as appropriate, provided that the conditions are consistent with
this chapter and the rules adopted under it.
(2) (a) Where federal or local laws or regulations require operators to comply with mined
land reclamation procedures separate from those provided for in this chapter, the board and
division shall make every effort to have its rules and procedures accepted by the other governing
bodies as complying with their respective requirements.
(b) The objective in coordination is to minimize the need for operators and prospective
operators to undertake duplicating, overlapping, or conflicting compliance procedures.
(3) Nothing in this chapter is intended to abrogate or interfere with any powers or duties
of the Department of Environmental Quality.
Amended by Chapter 299, 1995 General Session
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