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7 LONG TITLE
8 General Description:
9 This bill addresses regulation of mining operations.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies definition provisions;
13 ▸ addresses judicial review;
14 ▸ amends the process for approval of notice of intentions for large mining operations;
15 ▸ addresses conversion between small and large mining operations;
16 ▸ provides procedures for review of permit orders;
17 ▸ clarifies the process of amending or revising a notice of intention; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 17-41-101, as last amended by Laws of Utah 2023, Chapter 15
26 40-8-4, as last amended by Laws of Utah 2022, Chapter 72
27 40-8-9, as last amended by Laws of Utah 2007, Chapter 322
28 40-8-13, as last amended by Laws of Utah 2013, Chapter 243
29 40-8-14, as last amended by Laws of Utah 2011, Chapter 125
30 40-8-18, as last amended by Laws of Utah 2003, Chapter 35
31 ENACTS:
32 40-8-13.1, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 17-41-101 is amended to read:
36 17-41-101. Definitions.
37 As used in this chapter:
38 (1) "Advisory board" means:
39 (a) for an agriculture protection area, the agriculture protection area advisory board
40 created as provided in Section 17-41-201;
41 (b) for an industrial protection area, the industrial protection area advisory board
42 created as provided in Section 17-41-201; and
43 (c) for a critical infrastructure materials protection area, the critical infrastructure
44 materials protection area advisory board created as provided in Section 17-41-201.
45 (2) (a) "Agriculture production" means production for commercial purposes of crops,
46 livestock, and livestock products.
47 (b) "Agriculture production" includes the processing or retail marketing of any crops,
48 livestock, and livestock products when more than 50% of the processed or merchandised
49 products are produced by the farm operator.
50 (3) "Agriculture protection area" means a geographic area created under the authority
51 of this chapter that is granted the specific legal protections contained in this chapter.
52 (4) "Applicable legislative body" means:
53 (a) with respect to a proposed agriculture protection area, industrial protection area, or
54 critical infrastructure materials protection area:
55 (i) the legislative body of the county in which the land proposed to be included in the
56 relevant protection area is located, if the land is within the unincorporated part of the county; or
57 (ii) the legislative body of the city or town in which the land proposed to be included in
58 the relevant protection area is located; and
59 (b) with respect to an existing agriculture protection area, industrial protection area, or
60 critical infrastructure materials protection area:
61 (i) the legislative body of the county in which the relevant protection area is located, if
62 the relevant protection area is within the unincorporated part of the county; or
63 (ii) the legislative body of the city or town in which the relevant protection area is
64 located.
65 (5) "Board" means the Board of Oil, Gas, and Mining created in Section 40-6-4.
66 (6) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
67 (7) "Critical infrastructure materials operations" means the extraction, excavation,
68 processing, or reprocessing of critical infrastructure materials.
69 (8) "Critical infrastructure materials operator" means a natural person, corporation,
70 association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or
71 other organization or representative, either public or private, including a successor, assign,
72 affiliate, subsidiary, and related parent company, that:
73 (a) owns, controls, or manages a critical infrastructure materials operation; and
74 (b) has produced commercial quantities of critical infrastructure materials from the
75 critical infrastructure materials operations.
76 (9) "Critical infrastructure materials protection area" means a geographic area created
77 under the authority of this chapter on or after May 14, 2019, that is granted the specific legal
78 protections contained in this chapter.
79 (10) "Crops, livestock, and livestock products" includes:
80 (a) land devoted to the raising of useful plants and animals with a reasonable
81 expectation of profit, including:
82 (i) forages and sod crops;
83 (ii) grains and feed crops;
84 (iii) livestock as defined in Section 59-2-102;
85 (iv) trees and fruits; or
86 (v) vegetables, nursery, floral, and ornamental stock; or
87 (b) land devoted to and meeting the requirements and qualifications for payments or
88 other compensation under a crop-land retirement program with an agency of the state or federal
89 government.
90 (11) "Division" means the Division of Oil, Gas, and Mining created in Section
91 40-6-15.
92 (12) "Industrial protection area" means a geographic area created under the authority of
93 this chapter that is granted the specific legal protections contained in this chapter.
94 (13) "Mine operator" means a natural person, corporation, association, partnership,
95 receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
96 representative, either public or private, including a successor, assign, affiliate, subsidiary, and
97 related parent company, that, as of January 1, 2019:
98 (a) owns, controls, or manages a mining use under a large mine permit issued by the
99 division or the board; and
100 (b) has produced commercial quantities of a mineral deposit from the mining use.
101 (14) "Mineral deposit" means the same as that term is defined in Section 40-8-4.
102 (15) "Mining protection area" means land where a vested mining use occurs, including
103 each surface or subsurface land or mineral estate that a mine operator with a vested mining use
104 owns or controls.
105 (16) "Mining use":
106 (a) means:
107 (i) the full range of activities, from prospecting and exploration to reclamation and
108 closure, associated with the exploitation of a mineral deposit; and
109 (ii) the use of the surface and subsurface and groundwater and surface water of an area
110 in connection with the activities described in Subsection (16)(a)(i) that have been, are being, or
111 will be conducted; and
112 (b) includes, whether conducted on-site or off-site:
113 (i) any sampling, staking, surveying, exploration, or development activity;
114 (ii) any drilling, blasting, excavating, or tunneling;
115 (iii) the removal, transport, treatment, deposition, and reclamation of overburden,
116 development rock, tailings, and other waste material;
117 (iv) any removal, transportation, extraction, beneficiation, or processing of ore;
118 (v) any smelting, refining, autoclaving, or other primary or secondary processing
119 operation;
120 (vi) the recovery of any mineral left in residue from a previous extraction or processing
121 operation;
122 (vii) a mining activity that is identified in a work plan or permitting document;
123 (viii) the use, operation, maintenance, repair, replacement, or alteration of a building,
124 structure, facility, equipment, machine, tool, or other material or property that results from or is
125 used in a surface or subsurface mining operation or activity;
126 (ix) any accessory, incidental, or ancillary activity or use, both active and passive,
127 including a utility, private way or road, pipeline, land excavation, working, embankment, pond,
128 gravel excavation, mining waste, conveyor, power line, trackage, storage, reserve, passive use
129 area, buffer zone, and power production facility;
130 (x) the construction of a storage, factory, processing, or maintenance facility; and
131 (xi) an activity described in Subsection [
132 (17) (a) "Municipal" means of or relating to a city or town.
133 (b) "Municipality" means a city or town.
134 (18) "New land" means surface or subsurface land or mineral estate that a mine
135 operator gains ownership or control of, whether that land or mineral estate is included in the
136 mine operator's large mine permit.
137 (19) "Off-site" means the same as that term is defined in Section 40-8-4.
138 (20) "On-site" means the same as that term is defined in Section 40-8-4.
139 (21) "Planning commission" means:
140 (a) a countywide planning commission if the land proposed to be included in the
141 agriculture protection area, industrial protection area, or critical infrastructure materials
142 protection area is within the unincorporated part of the county and not within a planning
143 advisory area;
144 (b) a planning advisory area planning commission if the land proposed to be included
145 in the agriculture protection area, industrial protection area, or critical infrastructure materials
146 protection area is within a planning advisory area; or
147 (c) a planning commission of a city or town if the land proposed to be included in the
148 agriculture protection area, industrial protection area, or critical infrastructure materials
149 protection area is within a city or town.
150 (22) "Political subdivision" means a county, city, town, school district, special district,
151 or special service district.
152 (23) "Proposal sponsors" means the owners of land in agricultural production,
153 industrial use, or critical infrastructure materials operations who are sponsoring the proposal
154 for creating an agriculture protection area, industrial protection area, or critical infrastructure
155 materials protection area.
156 (24) "State agency" means each department, commission, board, council, agency,
157 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
158 unit, bureau, panel, or other administrative unit of the state.
159 (25) "Unincorporated" means not within a city or town.
160 (26) "Vested mining use" means a mining use:
161 (a) by a mine operator; and
162 (b) that existed or was conducted or otherwise engaged in before a political subdivision
163 prohibits, restricts, or otherwise limits a mining use.
164 Section 2. Section 40-8-4 is amended to read:
165 40-8-4. Definitions.
166 As used in this chapter:
167 (1) "Adjudicative proceeding" means:
168 (a) a division or board action or proceeding determining the legal rights, duties,
169 privileges, immunities, or other legal interests of one or more identifiable persons, including
170 actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right,
171 permit, or license; or
172 (b) judicial review of a division or board action or proceeding specified in Subsection
173 (1)(a).
174 (2) "Amendment" means a request for an insignificant change to a notice of intention,
175 as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
176 Rulemaking Act.
177 [
178 mining operations, or who has applied to the board for a review of a notice or order.
179 [
180 to commence mining operations, including revisions or amendments to the notice of intention
181 that is approved under Section 40-8-13.
182 (b) An approved notice of intention is not required for small mining operations.
183 [
184 quaternary periods.
185 (b) A Utah Geological Survey published map or a United States Geological Survey
186 published map that classifies material as "basalt" is prima facie evidence that the material
187 meets the requirements of Subsection [
188 Utah Geological Survey geologist or a professional geologist licensed in the state.
189 [
190 [
191 75 millimeters in size that is associated with unconsolidated material and detached from
192 bedrock.
193 [
194 division [
195 [
196 the form of consolidated rock, unconsolidated material, solutions, or occurring on the surface,
197 beneath the surface, or in the waters of the land from which any product useful to man may be
198 produced, extracted, or obtained or which is extracted by underground mining methods for
199 underground storage.
200 (b) "Deposit" or "mineral deposit" excludes sand, gravel, rock aggregate, basalt,
201 boulders, water, geothermal steam, and oil and gas as defined in Chapter 6, Board and Division
202 of Oil, Gas, and Mining, but includes oil shale and bituminous sands extracted by mining
203 operations.
204 [
205 the deposit's discovery but before and in contemplation of production mining operations, aimed
206 at preparing the site for mining operations, defining further the ore deposit by drilling or other
207 means, conducting pilot plant operations, constructing roads or ancillary facilities, and other
208 related activities.
209 [
210 [
211 [
212 [
213 purpose of:
214 (i) discovering a deposit or mineral deposit;
215 (ii) delineating the boundaries of a deposit or mineral deposit; and
216 (iii) identifying regions or specific areas in which deposits or mineral deposits are most
217 likely to exist.
218 (b) "Exploration" includes:
219 (i) sinking shafts;
220 (ii) tunneling;
221 (iii) drilling holes and digging pits or cuts;
222 (iv) building of roads, and other access ways; and
223 (v) constructing and operating other facilities related to the activities described in this
224 Subsection [
225 [
226 consolidated accumulation of rock and mineral particles, the dominant size range being
227 between 4 millimeters and 75 millimeters, that has been deposited by sedimentary processes.
228 [
229 under the board's procedural rules.
230 [
231 existence of a condition or practice, or a violation of a permit requirement or other requirement
232 of this chapter in a mining operation, which condition, practice, or violation could reasonably
233 be expected to cause substantial physical harm to persons outside the permit area before the
234 condition, practice, or violation can be abated.
235 (b) A reasonable expectation of death or serious injury before abatement exists if a
236 rational person, subjected to the same conditions or practices giving rise to the peril, would not
237 expose the rational person to the danger during the time necessary for abatement.
238 [
239 state where mining operations are being or will be conducted, including:
240 (i) on-site private ways, roads, and railroads;
241 (ii) land excavations;
242 (iii) exploration sites;
243 (iv) drill sites or workings;
244 (v) refuse banks or spoil piles;
245 (vi) evaporation or settling ponds;
246 (vii) stockpiles;
247 (viii) leaching dumps;
248 (ix) placer areas;
249 (x) tailings ponds or dumps; and
250 (xi) work, parking, storage, or waste discharge areas, structures, and facilities.
251 (b) Lands are excluded from Subsection [
252 (i) be includable as land affected, but which have been reclaimed in accordance with an
253 approved plan, as may be approved by the board; and
254 (ii) include lands in which mining operations have ceased before July 1, 1977.
255 (18) "Large mining operation" means a mining operation that is not a small mining
256 operation and, for purposes of filing a notice of intention, does not include an exploration
257 mining operation.
258 [
259 land for the exploration for, development of, or extraction of a mineral deposit, including
260 surface mining and the surface effects of underground and in situ mining, on-site
261 transportation, concentrating, milling, evaporation, and other primary processing.
262 (b) "Mining operation" does not include:
263 (i) the extraction of sand, gravel, rock aggregate, and boulders;
264 (ii) the extraction of basalt for an area not to exceed 50 acres under active surface
265 mining;
266 (iii) the extraction of oil and gas as defined in Chapter 6, Board and Division of Oil,
267 Gas, and Mining;
268 (iv) the extraction of geothermal steam;
269 (v) smelting or refining operations;
270 (vi) off-site operations and transportation;
271 (vii) reconnaissance activities; or
272 (viii) activities that will not cause significant surface resource disturbance or involve
273 the use of mechanized earth-moving equipment, such as bulldozers or backhoes.
274 [
275 (a) notice of intention, as defined in this chapter; or
276 (b) written information given to an operator by the division describing compliance
277 conditions at a mining operation.
278 [
279 including revisions to the notice.
280 [
281 land.
282 [
283 underground mining operations are conducted.
284 (b) A series of related properties under the control of a single operator, but separated
285 by small parcels of land controlled by others, are considered to be a single site unless an
286 exception is made by the division.
287 [
288 receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
289 representative, either public or private, owning, controlling, or managing a mining operation or
290 proposed mining operation.
291 [
292 operator or other parties, describing the compliance status of a permit or mining operation.
293 [
294 receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
295 representative, either public or private, owning, controlling, or managing a mineral deposit or
296 the surface of lands employed in mining operations.
297 (27) "Permit" means a permit order.
298 [
299 submitted by the operator with the application or notice to conduct mining operations.
300 (29) "Permit order" means an action by the division that:
301 (a) (i) approves a notice of intention to commence a large mining operation or revise or
302 amend a large mining operation; or
303 (ii) declares a notice of intention for a large mining operation deficient;
304 (b) (i) accepts as complete a notice of intention to commence a small mining operation
305 or revise or amend a small mining operation; and
306 (ii) approves the amount and form of surety for a notice of intention; or
307 (c) approves a notice of intention to conduct an exploration operation or revise or
308 amend an exploration operation.
309 [
310
311 [
312 hold, a valid permit or notice to conduct mining operations.
313 [
314 company, firm, company, corporation, or other governmental or business organization.
315 [
316 to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable
317 ecological condition and use that is consistent with local environmental conditions.
318 (33) "Review proceeding" means a proceeding under this chapter to address a
319 challenge to a permit order.
320 (34) "Revision" means a request for a change to a notice of intention that is not an
321 amendment to a notice of intention.
322 [
323 with a sand deposit, a gravel deposit, or a sand and gravel deposit that were created by alluvial
324 sedimentary processes.
325 (b) "Rock aggregate" excludes any solid rock in the form of bedrock, other than basalt,
326 that is exposed at the surface of the earth or overlain by unconsolidated material.
327 [
328 consolidated accumulation of rock and mineral particles, the dominant size range being
329 between .004 millimeters to 4 millimeters, that has been deposited by sedimentary processes.
330 [
331 disturb 20 or less surface acres at any given time in an unincorporated area of a county or 10 or
332 less surface acres at any given time in an incorporated area of a county.
333 (38) "Substantive public comment" means a public comment that:
334 (a) is specific to a proposed action;
335 (b) has a direct relationship to the proposed action;
336 (c) includes supporting reasons for the division to consider; and
337 (d) addresses issues that are within the scope of the division's jurisdiction.
338 [
339 the occurrence of a violation of the permit or a requirement of this chapter due to indifference,
340 lack of diligence, or lack of reasonable care, or the failure to abate a violation of the permit or
341 this chapter due to indifference, lack of diligence, or lack of reasonable care.
342 Section 3. Section 40-8-9 is amended to read:
343 40-8-9. Evasion of chapter or orders -- Penalties -- Limitations of actions --
344 Violation of chapter or permit conditions -- Inspection -- Cessation order, abatement
345 notice, or show cause order -- Suspension or revocation of permit -- Review -- Division
346 enforcement authority -- Appeal provisions.
347 (1) (a) A person, owner, or operator who willfully or knowingly evades this chapter, or
348 who for the purpose of evading this chapter or any order issued under this chapter, willfully or
349 knowingly makes or causes to be made any false entry in any report, record, account, or
350 memorandum required by this chapter, or by the order, or who willfully or knowingly omits or
351 causes to be omitted from a report, record, account, or memorandum, full, true, and correct
352 entries as required by this chapter, or by the order, or who willfully or knowingly removes from
353 this state or destroys, mutilates, alters, or falsifies any record, account, or memorandum, is
354 guilty of a class B misdemeanor and, upon conviction, is subject to a fine of not more than
355 $10,000 for each violation.
356 (b) Each day of willful failure to comply with an emergency order is a separate
357 violation.
358 (2) No suit, action, or other proceeding based upon a violation of this chapter, or any
359 rule or order issued under this chapter, may be commenced or maintained unless the suit,
360 action, or proceeding is commenced within five years from the date of the alleged violation.
361 (3) (a) If, on the basis of information available, the division has reason to believe that a
362 person is in violation of a requirement of this chapter or a permit condition required by this
363 chapter, the division shall immediately order inspection of the mining operation at which the
364 alleged violation is occurring, unless the information available to the division is a result of a
365 previous inspection of the mining operation.
366 (b) (i) If, on the basis of an inspection, the division determines that a condition or
367 practice exists, or that a permittee is in violation of a requirement of this chapter or a permit
368 condition required by this chapter, and the condition, practice, or violation also creates an
369 imminent danger to the health or safety of the public, or is causing, or can reasonably be
370 expected to cause significant, imminent environmental harm to land, air, or water resources,
371 the division shall immediately order a cessation of mining and operations or the portion
372 relevant to the condition, practice, or violation.
373 (ii) The cessation order shall remain in effect until the division determines that the
374 condition, practice, or violation has been abated, or until modified, vacated, or terminated by
375 the division.
376 (iii) If the division finds that the ordered cessation of mining operations, or a portion of
377 the operation, will not completely abate the imminent danger to the health or safety of the
378 public or the significant imminent environmental harm to land, air, or water resources, the
379 division shall, in addition to the cessation order, impose affirmative obligations on the operator
380 requiring [
381 imminent danger or the significant environmental harm.
382 (c) (i) If, on the basis of an inspection, the division determines that a permittee is in
383 violation of a requirement of this chapter or a permit condition required by this chapter, but the
384 violation does not create an imminent danger to the health or safety of the public or cannot be
385 reasonably expected to cause significant, imminent environmental harm to land, air, or water
386 resources, the division shall issue a notice to the permittee or [
387 specifying a reasonable time, but not more than 90 days, for the abatement of the violation and
388 providing an opportunity for a conference with the division.
389 (ii) If, upon expiration of the period of time as originally fixed or subsequently
390 extended, for good cause shown, and upon the written finding of the division, the division finds
391 that the violation has not been abated, it shall immediately order a cessation of mining
392 operations or the portion of the mining operation relevant to the violation.
393 (iii) The cessation order shall remain in effect until the division determines that the
394 violation has been abated or until modified, vacated, or terminated by the division pursuant to
395 this Subsection (3).
396 (iv) In the order of cessation issued by the division under this Subsection (3), the
397 division shall determine the steps necessary to abate the violation in the most expeditious
398 manner possible and shall include the necessary measures in the order.
399 (d) (i) Notices and orders issued under this section shall set forth with reasonable
400 specificity:
401 (A) the nature of the violation and the remedial action required;
402 (B) the period of time established for abatement; and
403 (C) a reasonable description of the portion of the mining and reclamation operation to
404 which the notice or order applies.
405 (ii) Each notice or order issued under this section shall be given promptly to the
406 permittee or [
407 writing and shall be signed by the director, or [
408 issues notices or orders.
409 (iii) A notice or order issued under this section may be modified, vacated, or
410 terminated by the division, but any notice or order issued under this section which requires
411 cessation of mining by the operator shall expire within 30 days of the actual notice to the
412 operator, unless a conference is held with the division.
413 (4) (a) The division may request the attorney general to institute a civil action for relief,
414 including a permanent or temporary injunction, restraining order, or any other appropriate order
415 in the district court for the district in which the mining and reclamation operation is located, or
416 in which the permittee of the operation has [
417 permittee or [
418 (i) violates or fails or refuses to comply with an order or decision issued by the division
419 under this chapter;
420 (ii) interferes with, hinders, or delays the division, or its authorized representatives, in
421 carrying out the provisions of this chapter;
422 (iii) refuses to admit the authorized representatives to the mine;
423 (iv) refuses to permit inspection of the mine by the authorized representative; or
424 (v) refuses to furnish any information or report requested by the division in furtherance
425 of the provisions of this chapter.
426 (b) (i) The court shall have jurisdiction to provide the appropriate relief.
427 (ii) Relief granted by the court to enforce an order under Subsection (4)(a)(i) shall
428 continue in effect until the completion or final termination of all proceedings for review of that
429 order under this chapter, unless, prior to this completion or termination, the district court
430 granting the relief sets it aside or modifies the order.
431 (5) (a) (i) A permittee issued a notice or order by the division, pursuant to the
432 provisions of Subsections (3)(b) and (3)(c), or a person having an interest [
433 adversely affected by the notice or order, may apply to the board for review of the notice or
434 order within 30 days of receipt of the notice or order, or within 30 days of a modification,
435 vacation, or termination of the notice or order.
436 (ii) Upon receipt of this application, the board shall pursue an investigation as it
437 considers appropriate.
438 (iii) The investigation shall provide an opportunity for a public hearing at the request of
439 the applicant or the person having an interest which is or may be adversely affected, to enable
440 the applicant or that person to present information relating to the issuance and continuance of
441 the notice or order of the modification, vacation, or termination of the notice or order.
442 (iv) The filing of an application for review under this Subsection (5)(a) shall not
443 operate as a stay of an order or notice.
444 (b) (i) The permittee and other interested persons shall be given written notice of the
445 time and place of the hearing at least five days prior to the hearing.
446 (ii) This hearing shall be of record and shall be subject to judicial review.
447 (c) (i) Pending completion of the investigation and hearing required by this section, the
448 applicant may file with the board a written request that the board grant temporary relief from
449 any notice or order issued under this section, with a detailed statement giving the reasons for
450 granting this relief.
451 (ii) The board shall issue an order or decision granting or denying this relief
452 expeditiously.
453 (d) (i) Following the issuance of an order to show cause as to why a permit should not
454 be suspended or revoked pursuant to this section, the board shall hold a public hearing, after
455 giving written notice of the time, place, and date of the hearing.
456 (ii) The hearing shall be of record and shall be subject to judicial review.
457 (iii) Within 60 days following the public hearing, the board shall issue and furnish to
458 the permittee and all other parties to the hearing, a written decision, and the reasons for the
459 decision, regarding suspension or revocation of the permit.
460 (iv) If the board revokes the permit, the permittee shall immediately cease mining
461 operations on the permit area and shall complete reclamation within a period specified by the
462 board, or the board shall declare the performance bonds forfeited for the operation.
463 (e) Action by the board taken under this section or any other provision of the state
464 program shall be subject to judicial review [
465 (6) A criminal proceeding for a violation of this chapter, or a regulation or order issued
466 under this chapter, shall be commenced within five years from the date of the alleged violation.
467 Section 4. Section 40-8-13 is amended to read:
468 40-8-13. Notice of intention required before mining operations -- Assurance of
469 reclamation required in notice of intention -- When contents confidential -- Approval of
470 notice of intention not required for small mining operations -- Procedure for reviewing
471 notice of intention.
472 (1) (a) Before any operator begins mining operations, or continues mining operations
473 pursuant to Section 40-8-23, the operator shall file a notice of intention for each individual
474 mining operation with the division.
475 (b) The notice of intention referred to in Subsection (1)(a) shall include:
476 (i) identification of [
477 ownership interest in surface land affected by the notice;
478 (ii) copies of underground and surface mine maps;
479 (iii) locations of drill holes;
480 (iv) accurate area maps of existing and proposed operations; and
481 (v) information regarding the amount of material extracted, moved, or proposed to be
482 moved, relating to the mining operation.
483 (c) The notice of intention for small mining operations shall include a statement that
484 the operator shall conduct reclamation as required by rules promulgated by the board.
485 (d) The notice of intention for large mining operations[
486
487 promulgated by the board.
488 (2) The division may require that the operator rehabilitate, close, or mitigate the
489 impacts of each drill hole, shaft, or tunnel when no longer needed as part of the mining
490 operation.
491 (3) Information provided in the notice of intention, and its attachments relating to the
492 location, size, or nature of the deposit that is marked confidential by the operator shall be
493 protected as confidential information by the board and the division and is not a matter of public
494 record unless the board or division obtains a written release from the operator, or until the
495 mining operation has been terminated as provided in Subsection 40-8-21(2).
496 (4) (a) [
497 from the receipt of a notice of intention, the division shall complete its review of the notice of
498 intention and shall make further inquiries, inspections, or examinations that are necessary to
499 properly evaluate the notice of intention.
500 (b) The division shall notify the operator of any objections to the notice of intention
501 and shall grant the operator a reasonable opportunity to take action that may be required to
502 remove the objections or obtain a ruling relative to the objections from the board.
503 (5) Except for the form and amount of surety, an approval of a notice of intention for
504 small mining operations is not required.
505 (6) (a) The notice of intention for large mining operations [
506
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529 (b) (i) Within 30 days after receipt of a notice of intention for a large mining operation,
530 the division shall complete the division's review of the notice of intention for completeness and
531 notify the operator in writing that the notice of intention:
532 (A) is complete because the notice of intention is in a form approved by the division on
533 which the operator provides a substantive response to each applicable request for information;
534 or
535 (B) is incomplete.
536 (ii) If the notice of intention is incomplete, the division shall give the operator a
537 reasonable opportunity to take action required to complete the notice of intention.
538 (c) Within five business days of the day on which the division notifies the operator
539 under Subsection (6)(b) that a notice of intention is complete, the division shall:
540 (i) submit for publication notice of the notice of intention and an opportunity for public
541 comment:
542 (A) one time in the newspapers of general circulation published in the county where
543 the land affected is situated; and
544 (B) one time in a newspaper of general circulation in Salt Lake City, Utah;
545 (ii) publish notice of the notice of intention and an opportunity for public comment:
546 (A) on a public legal notice website as required in Section 45-1-101; and
547 (B) on the division's public website; and
548 (iii) mail notice of the notice of intention to:
549 (A) the zoning authority of the county or municipality where the land affected is
550 situated; and
551 (B) the owner of record of the land affected.
552 (d) (i) The division shall accept public comment on a complete notice of intention for
553 30 days from the day on which notice is posted on the public legal notice website described in
554 Subsection (6)(c)(ii)(A).
555 (ii) The division shall include with a notice published under Subsection (6)(c)(ii), an
556 electronic link by which a person may electronically submit public comment in the form and
557 manner required by rule made by the board in accordance with Title 63G, Chapter 3, Utah
558 Administrative Rulemaking Act.
559 (iii) If a person wants to submit public comment through the mail, the person shall
560 submit the public comment in writing in the form and manner required by rule made by the
561 board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
562 (iv) Only a person, municipality, or county who submits a timely, substantive public
563 comment during the public comment period is eligible to seek intervention in a review
564 proceeding for the division's final permit order on the notice of intention for a large mining
565 operation.
566 (e) (i) Within 15 days after the close of public comment under Subsection (6)(d), the
567 division shall review the public comments received and identify all substantive public
568 comments.
569 (ii) The division shall transmit a copy of the substantive public comments received to
570 the operator and shall file a copy for public inspection at the division.
571 (iii) The division may hold a public meeting to discuss issues raised by public
572 comment.
573 (iv) If the division determines that a public meeting is necessary, the division shall hold
574 the public meeting within 45 days after the end of the period to review public comments under
575 Subsection (6)(d).
576 (f) (i) By no later than 30 days of the later of the following, the division shall take an
577 action described in Subsection (6)(f)(ii):
578 (A) the day on which time period under Subsection (6)(d) for accepting public
579 comment ends; or
580 (B) the day on which the division holds a public hearing under Subsection (6)(e).
581 (ii) By no later than the day described in Subsection (6)(f)(i), the division shall:
582 (A) approve the notice of intention; or
583 (B) provide the operator written notice of any deficiency and grant the operator a
584 reasonable opportunity to take an action that is required to remove the deficiency.
585 (g) Upon approving a notice of intention, the division shall provide the operator notice
586 of the approval and post a permit order approving the notice of intention on the division's
587 public website.
588 (7) An operator may convert a small mining operation to a large mining operation or
589 may convert a large mining operation to a small mining operation by filing a notice of intention
590 with the division requesting the conversion. The division shall review the notice of intention
591 according to the procedures provided in this section for the resulting mining operation.
592 [
593 operations [
594 and approve or disapprove [
595 Section 5. Section 40-8-13.1 is enacted to read:
596 40-8-13.1. Procedures for review of permit orders.
597 (1) As used in this section, "party" means:
598 (a) the division;
599 (b) the operator whose proposed mining operation is at issue in the permit order; or
600 (c) if granted intervention by the board:
601 (i) the municipality or county in which the proposed mining operation at issue in the
602 permit order is located; or
603 (ii) a person.
604 (2) (a) A party may obtain the review of a permit order by filing a petition for review
605 before the board within 30 days after the date on which a permit order is issued.
606 (b) Only a party may file a petition for review of a permit order.
607 (3) (a) A petition for review shall:
608 (i) be filed and served in accordance with the board rules made in accordance with
609 Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
610 (ii) include the party's name, address, and telephone number;
611 (iii) describe the nature and extent of the party's property, financial, or other interest in
612 the review proceeding;
613 (iv) include a statement of the party's contentions, including, as applicable:
614 (A) the legal authority under which the petition for review is requested;
615 (B) the legal authority under which the board has jurisdiction to review the petition for
616 review;
617 (C) a statement setting forth the specific contentions that the party seeks to have
618 litigated in the review proceeding;
619 (D) each of the party's arguments in support of the party's requested relief;
620 (E) a detailed description of any permit condition to which the party is objecting;
621 (F) any modification or addition to a permit order that the party is requesting; and
622 (G) a claim for relief; and
623 (v) for a large mining operation permit order, if the party is not the division or the
624 operator, include a statement and supporting documentation demonstrating that the party timely
625 provided a substantive public comment that is compliant with rules made by the board in
626 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as required by
627 Subsection 40-8-13(6)(d)(iv).
628 (b) A party who files a petition for review may only raise a contention in the party's
629 petition for review or during the review proceeding that:
630 (i) is within the board's jurisdiction;
631 (ii) is supported with information or documentation that:
632 (A) is cited with reasonable specificity; and
633 (B) sufficiently enables the board to fully consider the substance and significance of
634 the issue; and
635 (iii) for a party other than the division or operator and with regard to a large mining
636 operation permit order, the party raised as a substantive public comment.
637 (4) (a) A municipality, county, or other person who is not a party may not participate in
638 a review proceeding under this section unless granted the right to intervene by the board.
639 (b) A municipality, county, or person seeking to intervene in a review proceeding shall
640 file a petition with the board by no later than the sooner of:
641 (i) 15 days of the day on which a petition for review is filed under Subsection (2); or
642 (ii) 30 days after the date on which the permit order is issued if the person submits the
643 petition to intervene under Subsection (4)(c).
644 (c) A person wanting to initiate a review of a permit order who has not been granted
645 intervention by the board shall file a petition to intervene at the same time that the person files
646 a petition for review under Subsections (2) and (3).
647 (d) A petition to intervene shall include:
648 (i) the petitioner's name, address, and telephone number;
649 (ii) the nature and extent of the petitioner's property, financial, or other interest in the
650 review proceeding;
651 (iii) the possible effect of a decision or order that may be entered in the review
652 proceeding on the petitioner's interest described in Subsection (4)(d)(ii);
653 (iv) a statement setting forth the specific contentions that the petitioner seeks to have
654 litigated in the review proceeding;
655 (v) a brief explanation of the basis for the contention and a concise statement of the
656 alleged facts or evidence the petitioner intends to rely on in proving the contention at the
657 hearing; and
658 (vi) a statement of the relief that the petitioner seeks from the board.
659 (e) (i) A petitioner may only raise a contention under Subsection (4)(d) on a matter
660 within the scope of the board's jurisdiction.
661 (ii) A petitioner may only raise a contention under Subsection (4)(d) related to a large
662 mining operation permit order on a matter for which the person raised a substantive public
663 comment.
664 (f) The board shall grant a petition for intervention if the board determines that:
665 (i) the petitioner's legal interests may be substantially affected by the review
666 proceeding; and
667 (ii) the interests of justice and the orderly and prompt conduct of the review
668 proceedings will not be materially impaired by allowing the intervention.
669 (g) (i) The board may delegate the determination of the right to intervene to a hearing
670 examiner in accordance with rules made under Title 63G, Chapter 3, Utah Administrative
671 Rulemaking Act.
672 (ii) A party aggrieved by a hearing examiner determination on a petition for
673 intervention may appeal that determination to the board. The board shall make a determination
674 on the appeal of the petition for intervention before hearing the merits of the case.
675 (5) In a review proceeding, the operator and the division are parties to the review
676 proceeding regardless of who files the petition for review and the operator and division do not
677 need to file a separate petition to intervene.
678 (6) (a) If a petition for review of a permit order is filed under this section, the board
679 shall:
680 (i) within 30 days from the day on which the petition for review is filed schedule:
681 (A) an intervention hearing pursuant to Subsection (4); or
682 (B) an administrative hearing before the board at the next regularly scheduled board
683 public meeting; and
684 (ii) issue the decision of the board by no later than 30 days from the day on which the
685 administrative hearing described in Subsection (6)(a)(i)(B) is held.
686 (b) The board may consolidate two or more petitions for review of a permit order if the
687 board finds that consolidation will aid the just, speedy, and economical determination of the
688 issues presented before the board.
689 (c) The board shall conduct a de novo review of a permit order for which a petition for
690 review has been filed under this section.
691 (7) Review of a permit order is subject to Title 63G, Chapter 4, Administrative
692 Procedures Act, to the extent that the chapter does not conflict with this section.
693 (8) A person shall exhaust administrative remedies under this section before the person
694 may seek judicial review of a permit order.
695 Section 6. Section 40-8-14 is amended to read:
696 40-8-14. Surety requirement -- Liability of small mining operations for failure to
697 reclaim -- Forfeiture of surety.
698 (1) (a) After receiving notification that a notice of intention for mining operations has
699 been approved, but prior to commencement of those operations, the operator shall provide
700 surety to the division, in a form and amount determined by the division or board as provided in
701 this section.
702 (b) In determining the amount of surety under this section, the division may use the
703 average cost of reclamation per acre.
704 (c) The board shall annually establish a figure representing the average cost of
705 reclamation per acre after receiving a presentation from the division concerning the average
706 cost of reclamation per acre and providing opportunity for public comment.
707 (2) (a) Except as provided in Subsection (3), the division shall approve the amount and
708 form of surety.
709 (b) In determining the amount of surety to be provided, the division shall consider:
710 (i) the magnitude, type, and costs of approved reclamation activities planned for the
711 land affected; and
712 (ii) the nature, extent, and duration of operations under the approved notice.
713 (c) The division shall approve a fixed amount estimated to be required to complete
714 reclamation at any point in time covered by the notice of intent.
715 (d) (i) The division shall determine the amount of surety required for notices of
716 intention, by using cost data from current large mining sureties.
717 (ii) The costs shall be adjusted to reflect the nature and scope of activities in the
718 affirmative statement filed under [
719 (e) (i) In determining the form of surety to be provided by the operator, the division
720 shall approve a method acceptable to the operator consistent with the requirements of this
721 chapter.
722 (ii) The form of surety that the operator may provide includes, but is not limited to, the
723 following:
724 (A) collateral;
725 (B) a bond or other form of insured guarantee;
726 (C) deposited securities; or
727 (D) cash.
728 (3) (a) If the operator proposes reclamation surety in the form of a written contractual
729 agreement, the board shall approve the form of surety.
730 (b) In making this decision, the board shall consider:
731 (i) the operator's:
732 (A) financial status;
733 (B) assets within the state;
734 (C) past performance in complying with contractual agreements; and
735 (D) facilities available to carry out the planned work;
736 (ii) the magnitude, type, and costs of approved reclamation activities planned for the
737 land affected; and
738 (iii) the nature, extent, and duration of operations under the approved notice.
739 (4) In determining the amount and form of surety to be provided under this section,
740 consideration shall be given to similar requirements made on the operator by landowners,
741 governmental agencies, or others, with the intent that surety requirements shall be coordinated
742 and not duplicated.
743 (5) The liability under surety provisions shall continue until liability, in part, or in its
744 entirety, is released by the division.
745 (6) (a) If the operator of a mining operation, including a small mining operation, fails
746 or refuses to carry out the necessary land reclamation as outlined in the approved notice of
747 intention, the board may, after notice and hearing, declare any surety filed for this purpose
748 forfeited.
749 (b) With respect to the surety filed with the division, the board shall request the
750 attorney general to take the necessary legal action to enforce and collect the amount of liability.
751 (c) If surety or a bond has been filed with the Division of Forestry, Fire, and State
752 Lands, the School and Institutional Trust Lands Administration, or any agency of the federal
753 government, the board shall certify a copy of the transcript of the hearing and transmit it to the
754 agency together with a request that the necessary forfeiture action be taken.
755 (d) The forfeited surety shall be used only for the reclamation of the land to which it
756 relates, and any residual amount returned to the rightful claimant.
757 Section 7. Section 40-8-18 is amended to read:
758 40-8-18. Notice of intention to amend or revise operations -- Procedure.
759 (1) (a) [
760
761 operations under an approved notice of intention for a large mining operation or a complete
762 notice of intention for a small mining operation shall submit to the division [
763 revised notice of intention when [
764 (b) The operator shall submit a notice of intention to amend or revise mining
765 operations [
766 board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
767 [
768
769
770 [
771 (2) (a) The division shall review and approve or disapprove an amendment of a notice
772 of intention [
773 large mining operation within 30 days of receipt of a notice of intention to [
774 mining operations.
775 (b) The division shall review and determine that an amendment of a notice of intention
776 for a small mining operation is complete within 30 days of receipt of the notice of intention to
777 amend mining operations.
778 (c) The division is not required to provide for public comment for an amendment of a
779 notice of intention.
780 (3) [
781 mining operations[
782
783 manner and within the same time period as an original notice of intention.
784 [
785 existing notice of intention until the division acts on the amendment or revision [
786 and any revised surety requirements are established and satisfied.
787 [
788
789 [
790 mining operations is not required, the small mining operator shall file a revised surety [
791
792 (6) An operator may not use this section to convert a small mining operation to a large
793 mining operation.
794 Section 8. Effective date.
795 This bill takes effect on May 1, 2024.