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S.B. 12 Enrolled

    

UNDERGROUND COAL MINING - WATER

    
REPLACEMENT REQUIREMENTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Mike Dmitrich

    AN ACT RELATING TO MINING; PROVIDING FOR THE REPLACEMENT OF
    APPROPRIATED WATER SUPPLIES AFFECTED BY UNDERGROUND COAL
    MINING OPERATIONS; AND MAKING TECHNICAL AMENDMENTS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         40-10-18, as last amended by Chapter 219, Laws of Utah 1994
    ENACTS:
         40-10-18.1, Utah Code Annotated 1953
         40-10-18.2, Utah Code Annotated 1953
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 40-10-18 is amended to read:
         40-10-18. Underground coal mining -- Rules regarding surface effects -- Operator
     requirements -- Repair or compensation for damage -- Replacement of water.
        (1) The board shall adopt rules directed toward the surface effects of underground coal
    mining operations[, embodying] that incorporate the requirements provided in this section. In
    adopting any rules, the board shall consider the distinct difference between surface coal mining
    and underground coal mining methods.
        (2) Each permit [issued pursuant to this chapter and] relating to underground coal mining
    issued pursuant to this chapter shall require the operator to[:] comply with this section.
        (3) (a) [Adopt] Except in those instances where the mining technology used requires
    planned subsidence in a predictable and controlled manner, the operator shall adopt measures
    consistent with known technology [in order] to:
        (i) prevent subsidence from causing material damage, to the extent technologically and
    economically feasible[,];

        (ii) maximize mine stability[,]; and
        (iii) maintain the value and reasonably foreseeable use of the surface lands[, except in those
    instances where the mining technology used requires planned subsidence in a predictable and
    controlled manner; but nothing].
        (b) Nothing in Subsection [(2)] (3)(a) shall be construed to prohibit the standard method of
    room and pillar mining.
        [(b) Seal] (4) The operator shall seal all portals, entryways, drifts, shafts, or other openings
    between the surface and underground mine working when no longer needed for the conduct of the
    mining operations.
        [(c) Fill] (5) The operator shall fill or seal exploratory holes no longer necessary for
    mining, maximizing to the extent technologically and economically feasible, the return of mine and
    processing waste, tailings, and any other waste incident to the mining operation, to the mine
    workings or excavations.
        [(d)] (6) (a) With respect to surface disposal of mine wastes, tailings, coal processing
    wastes, and other wastes in areas other than the mine workings or excavations, the operator shall
    stabilize all waste piles created [by the permittee] from current operations through construction in
    compacted layers, including the use of incombustible and impervious materials, if necessary[, and].
        (b) The operator shall assure that:
        (i) the leachate will not degrade surface or ground waters below water quality standards
    established pursuant to applicable federal and state law [surface or ground waters and that];
        (ii) the final contour of the waste accumulation will be compatible with natural
    surroundings; and [that]
        (iii) the site is stabilized and revegetated according to the provisions of this section.
        [(e) Design] (7) In accordance with the standards and criteria developed pursuant to Section
    40-10-17, the operator shall design, locate, construct, operate, maintain, enlarge, modify, and
    remove or abandon [in accordance with the standards and criteria developed pursuant to Section
    40-10-17] all existing and new coal mine waste piles consisting of mine wastes, tailings, coal
    processing wastes, or other liquid and solid wastes that are used either temporarily or permanently

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    as dams or embankments.
        [(f) Establish] (8) The operator shall establish on regraded areas and all other lands
    affected, a diverse and permanent vegetative cover that is:
        (a) capable of self-regeneration and plant succession; and
        (b) at least equal in extent of cover to the natural vegetation of the area.
        [(g) Protect] (9) The operator shall protect offsite areas from damages which may result
    from the mining operations.
        [(h) Eliminate] (10) The operator shall eliminate fire hazards and [otherwise eliminate]
    other conditions which constitute a hazard to health and safety of the public.
        [(i) Minimize] (11) The operator shall minimize the disturbances of the prevailing
    hydrologic balance at the mine site and in associated offsite areas and to the quantity of water in
    surface and groundwater systems both during and after coal mining operations and during
    reclamation by:
        [(i)] (a) avoiding acid or other toxic mine drainage by such measures as, but not limited to:
        [(A)] (i) preventing or removing water from contact with toxic-producing deposits;
        [(B)] (ii) treating drainage to reduce toxic content which adversely affects downstream
    water upon being released to water courses; or
        [(C)] (iii) casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid
    or other toxic drainage from entering ground and surface waters[.];
        [(ii)] (b) conducting surface coal mining operations [so as] to prevent, to the extent possible
    using the best technology currently available, additional contributions of suspended solids to
    streamflow or runoff outside the permit area [(], but in no event shall these contributions be in
    excess of requirements set by applicable state or federal law[),]; and
        (c) avoiding channel deepening or enlargement in operations requiring the discharge of
    water from mines.
        [(j) With respect to other surface impacts not specified in Subsection (2), including]
        (12) (a) The standards established under Section 40-10-17 for surface coal mining
    operations shall apply to:

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        (i) the construction of new roads or the improvement or use of existing roads to gain access
    to the site of [these] activities conducted on the surface of lands in connection with an underground
    coal mine and for haulage[,];
        (ii) repair areas, storage areas, processing areas, shipping areas, and other areas upon which
    are sited [structure] structures, facilities, or other property or materials on the surface, resulting from
    or incident to [such] activities[, operate in accordance with the standards established under Section
    40-10-17 for such effects which result from surface coal mining operations; but the] conducted on
    the surface of land in connection with an underground coal mine; and
        (iii) other surface impacts of underground coal mining not specified in this section.
        (b) The division shall make the modification in the requirements imposed by [this
    subsection] Subsection (12)(a) as are necessary to accommodate the distinct difference between
    surface and underground coal mining methods.
        [(k)] (13) To the extent possible using the best technology currently available, minimize
    disturbances and adverse impacts of the operation on fish, wildlife, and related environmental
    values, and achieve enhancement of these resources where practicable.
        [(l) Locate] (14) The operator shall locate openings for all new drift mines working acid
    producing or iron producing coal seams in a manner as to prevent a gravity discharge of water from
    the mine.
        [(3) In order to protect the stability of the land, the board shall suspend underground coal
    mining under urbanized areas, cities, towns, and communities and adjacent to industrial or
    commercial buildings, major impoundments, or permanent streams if, after proper notice and
    hearing there is a finding of imminent danger to inhabitants of the urbanized areas, cities, towns,
    and communities.]
        [(4)] (15) (a) Underground coal mining operations conducted after October 24, 1992, shall
    be subject to the [following requirement:] requirements specified in Subsections (b) and (c).
        (b) (i) The permittee shall promptly repair, or compensate for, material damage resulting
    from subsidence caused to any occupied residential dwelling and related structures or
    noncommercial building due to underground coal mining operations.

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        (ii) Repair of damage will include rehabilitation, restoration, or replacement of the damaged
    occupied residential dwelling and related structures or noncommercial building.
        (iii) Compensation shall be provided to the owner of the damaged occupied residential
    dwelling and related structures or noncommercial building and will be in the full amount of the
    diminution in value resulting from the subsidence.
        (iv) Compensation may be accomplished by the purchase, prior to mining, of a
    noncancellable premium prepaid insurance policy.
        (c) Subject to the provisions of Section 40-10-29, the permittee shall promptly replace any
    state-appropriated water in existence prior to the application for a surface coal mining and
    reclamation permit, which has been affected by contamination, diminution, or interruption resulting
    from underground coal mining operations.
        [(b)] (d) Nothing in this Subsection [(4)] (15) shall be construed to prohibit or interrupt
    underground coal mining operations.
        [(c)] (e) Within one year after the date of enactment of this Subsection [(4)] 15, the board
    shall adopt final rules to implement this Subsection [(4)] (15).
        [(5) The provisions of this chapter relating to permits, sureties, bonds, inspections, and
    enforcement, public review, and administrative and judicial review shall be applicable to surface
    operations and surface impacts incident to an underground coal mine with those modifications to
    the permit application requirements, permit approval or denial procedures, and bond requirements
    as are necessary to accommodate the distinct difference between surface and underground coal
    mining methods.]
        Section 2. Section 40-10-18.1 is enacted to read:
         40-10-18.1. Suspension of underground mining upon finding of immediate danger to
     inhabitants at surface.
        In order to protect the stability of the land, the board shall suspend underground coal mining
    under urbanized areas, cities, towns, and communities and adjacent to industrial or commercial
    buildings, major impoundments, or permanent streams if, after proper notice and hearing, there is
    a finding of imminent danger to inhabitants of the urbanized areas, cities, towns, and communities.

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        Section 3. Section 40-10-18.2 is enacted to read:
         40-10-18.2. Applicability of other chapter provisions.
        The provisions of this chapter relating to permits, sureties, bonds, inspections, and
    enforcement, public review, and administrative and judicial review shall be applicable to surface
    operations and surface impacts incident to an underground coal mine with those modifications to
    the permit application requirements, permit approval or denial procedures, and bond requirements
    as are necessary to accommodate the distinct difference between surface and underground coal
    mining methods.

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