Title 40 Mines and Mining Chapter 10 Coal Mining and Reclamation Section 6 Powers, functions, and duties of board and division.
40-10-6.Powers, functions, and duties of board and division.
In addition to those provided in Title 40, Chapter 8, the board and division have the
following powers, functions, and duties:
(1) to make and promulgate in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the rules as are specifically necessary for the regulation of coal
mining operations and reclamation operations;
(2) to authorize its employees, agents, or contractors to enter upon any property for the
purpose of carrying out the provisions of this chapter and Title 40, Chapter 8;
(3) to establish specific reclamation and performance standards for new and existing
coal mining operations and to effectuate these standards retroactively;
(4) to prohibit mining and exploration operations without a permit and to establish
procedures and requirements for the preparation, submission, approval, denial, termination, and
modification of applications for coal mining and reclamation permits and for coal exploration
permits;
(5) to set and assess an application fee based on no more than the actual cost of review
and processing of the application, this fee to accompany each application for a surface coal
mining and reclamation permit and each application for an exploration permit;
(6) to establish procedures and detailed requirements for all reclamation plans submitted
as part of a permit application;
(7) to condition the issuance of a permit to commence or continue surface mining
operations upon the posting of performance bonds, deposits, or sureties and to make provision
for the release of same in compliance with the requirements of this chapter;
(8) to appoint or employ technical support, legal services, or independent consultants in
furtherance of the objectives of this chapter and shall be responsible for coordination with other
agencies in matters relating to mined land reclamation and the application of related law; and
(9) to do all other things and take such other actions retroactively or otherwise within the
purposes of this chapter as may be necessary to enforce its provisions.
Amended by Chapter 382, 2008 General Session
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