S.B. 72 Enrolled

COAL MINING AND RECLAMATION
AMENDMENTS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Mike Dmitrich
This act modifies the Mines and Mining Code to provide that the Division of Oil, Gas and
Mining pay certain costs relating to the filing of a surface coal mining and reclamation
application and plan, and providing for the reimbursement of certain costs from the coal
operator to the division.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
40-10-10, as last amended by Chapter 219, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 40-10-10 is amended to read:
40-10-10. Permit application fee -- Submission of application and reclamation plan
-- Determinations, tests, and samplings -- Filing of application -- Insurance required --
Blasting plan.
(1) Each application for a surface coal mining and reclamation permit under the provisions
of this chapter shall be accompanied by a fee as determined by the division[, but]. The fee
specified in this Subsection (1) may not [to] exceed the cost [of] by the division to process and
review the application[, review, and processing].
(2) (a) The permit application and the reclamation plan submitted as part of a permit
application shall be submitted in the manner, form, and with the content specified by the division
in [the] its rules, and shall include the [following: (a) The] names and addresses of:
(i) the permit applicant;
(ii) every legal owner of record of the [property (]surface and mineral[)] estate to be
mined;
(iii) the holders, of record, of any leasehold interest in the property;
(iv) any purchaser, of record, of the property under a real estate contract;

(v) the operator, if he is a person different from the applicant; and
(vi) [if any of these are business entities other than a single proprietor,] the names and
addresses of the principals, officers, and resident agent for service of process, if any of these are
business entities other than a single proprietor.
(b) [An] (i) A permit application shall include:
(A) an accurate map or plan, to an appropriate scale, clearly showing the land to be affected
as of the date of the application, and the area of land within the permit area upon which the applicant
has the legal right to enter and commence surface mining operations[,]; and
(B) a statement of those documents upon which the applicant bases his legal right to enter
and commence surface mining operations on the area affected, and whether that right is the subject
of pending court litigation[; but this].
(ii) This chapter may not be construed as vesting in the division the jurisdiction to adjudicate
property title disputes.
(c) (i) A permit application shall also include a:
(A) determination of the probable hydrologic consequences of the mining and reclamation
operations, both on and off the mine site with respect to the hydrologic regime[,];
(B) determination of the quantity and quality of water in surface and groundwater systems,
including the dissolved and suspended solids under seasonal flow conditions[,]; and [the]
(C) collection of sufficient data for the mine site and surrounding areas so that an assessment
can be made by the division of the probable cumulative impacts of all anticipated mining in the area
upon the hydrology of the area and, particularly, upon water availability[; but this].
(ii) The determination required under Subsection (2)(c)(i) shall not be required until [such
time as] the hydrologic information on the general area prior to mining is made available from an
appropriate federal or state agency.
(iii) The permit shall not be approved until [this] the information required under this section
is available and is incorporated into the application.
(d) (i) A [statement of] permit application will also include the following information:
(A) the result of test borings or core samplings from the permit area, including logs of the

- 2 -

drill holes;
(B) the thickness of the coal seam found;
(C) an analysis of the chemical properties of [such] the coal;
(D) the sulfur content of any coal seam;
(E) chemical analysis of potentially acid or toxic-forming sections of the overburden; and
(F) chemical analysis of the stratum lying immediately underneath the coal to be mined[,
except that the provisions].
(ii) Application requirements of this Subsection (2) may be waived by the division [with
respect to the specific application by] if there is a written determination that these requirements are
unnecessary.
[(3) If the division finds that the probable total annual production at all locations of any coal
surface mining operator will not exceed 100,000 tons, the determination of probable hydrologic
consequences required by Subsection (2)(c) and the statement of the result of test borings or core
samplings required by Subsection (2)(d) shall, upon the written request of the operator, be performed
by a qualified public or private laboratory designated by the division; and the cost of the preparation
of this determination and statement shall be assumed by the division.]
(3) (a) If the division finds that the probable total annual production at all locations of a coal
surface mining operator will not exceed 300,000 tons, and if funding is available under the Surface
Mining Control and Reclamation Act of 1977, 30 U.S.C. Sec. 1201 et seq., the cost of the following
activities shall be paid by the division, upon the written request of the operator in connection with
a permit application:
(i) the determination of probable hydrologic consequences required by Subsection (2)(c),
including the engineering analyses and designs necessary for the determination;
(ii) the development of cross-section maps and plans of the land to be affected, including
the area to be mined;
(iii) the geologic drilling and statement of results of test borings and core samplings required
by Subsection(2)(d);
(iv) the collection of archaeological and historical information required by the division, and

- 3 -

the preparation of those plans;
(v) preblast surveys required by Subsection 40-10-17 (2)(o); and
(vi) the collection of site-specific resource information and production of protection and
enhancement plans for fish and wildlife habitats and other environmental values required by the
division under this act.
(b) The activities specified in Subsection (3)(a) shall be performed by a qualified public or
private laboratory or other qualified public or private entity designated by the division.
(c) A coal operator who has received assistance pursuant to this Subsection (3) shall
reimburse the division for the cost of the services rendered, if the division finds that the operator's
actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12
months immediately following the date on which the operator is issued the surface coal mining and
reclamation permit.
(4) (a) Information pertaining to coal seams, test borings, core samplings, or soil samples
or other equivalent information, as required by this section, shall be made available to [any] a person
[with an] whose interest [which] is, or may be, adversely affected[; but information].
(b) Information which pertains only to the analysis of the chemical and physical properties
of the coal [(excepting], except information regarding any mineral or elemental content which is
potentially toxic to the environment[)], shall be kept confidential and not made a matter of public
record.
(5) [Each] An applicant for a surface coal mining and reclamation permit shall file a copy
of the application [for public inspection] with the county clerk of the county, or an appropriate public
office approved by the division where the mining is proposed to occur, except for [that] information
pertaining to the coal seam itself.
(6) [Each] (a) An applicant for a permit shall be required to submit to the division as part
of the permit application a certificate issued by an insurance company, authorized to do business in
the state, certifying that the applicant has a public liability insurance policy in force for the surface
mining and reclamation operation for which the permit is sought, or evidence that the applicant has
satisfied other state or federal self-insurance requirements.

- 4 -

(b) The policy shall:
(i) provide for personal injury and property damage protection in an amount adequate to
compensate any persons damaged as a result of surface coal mining and reclamation operations,
including the use of explosives, and entitled to compensation under the applicable provisions of state
law[. The policy shall]; and
(ii) be maintained in full force and effect during the terms of the permit or any renewal,
including the length of all reclamation operations.
(7) [Each] An applicant for a surface coal mining and reclamation permit shall submit to the
division, as part of the permit application, a blasting plan which shall outline the procedures and
standards by which the operator will meet the provisions of Subsection 40-10-17 (2)(o).

- 5 -