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S.B. 48 Enrolled
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8 LONG TITLE
9 General Description:
10 This bill amends a coal mining and reclamation requirement.
11 Highlighted Provisions:
12 This bill:
13 . authorizes a person proposing to extend the area of a coal mining permit to file an
14 application for a significant revision of the permit; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 40-10-12, as last amended by Chapter 219, Laws of Utah 1994
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 40-10-12 is amended to read:
26 40-10-12. Revised permit and reclamation plan -- Application -- Transfer,
27 assignment, or sale of rights -- Revision or modification of permit provisions.
28 (1) (a) During the term of the permit, the permittee may submit an application for a
29 revision of the permit, together with a revised reclamation plan, to the division.
30 (b) An application for a revision of a permit shall not be approved unless the division
31 finds that reclamation as required by this chapter can be accomplished under the revised
32 reclamation plan.
33 (c) The revision shall be approved or disapproved within a period of time established
34 by the division.
35 (d) (i) The division shall establish guidelines [
36 scale or extent of a revision request for which all permit application information, requirements,
37 and procedures, including notice and hearings, shall apply[
38 (ii) Any revisions [
39 shall, at a minimum, be subject to notice and hearing requirements.
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41 revisions, must be made by:
42 (i) an application for a significant revision of the permit; or
43 (ii) an application for another permit.
44 (2) No transfer, assignment, or sale of the rights granted under any permit issued
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46 (3) (a) The division shall, within a time limit prescribed in rules [
47 by the board, review outstanding permits and may require reasonable revision or modification
48 of the permit provisions during the term of the permit[
49 (b) The revision or modification shall be:
50 (i) based upon a written finding; and
51 (ii) subject to notice and hearing requirements established by this chapter.
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