§ 40-8-7. Board and division -- Authority.

(1) The board and the division may require:

(a) that a notice of intention for all mining operations be filed with, and approved by, the division, before the mining operation commences or continues pursuant to Sections 40-8-13 and 40-8-23;

(b) the reclamation of lands affected by mining operations after the effective date of this chapter having due regard for innate differences in mineral deposits;

(c) for mining operations, including small mining operations, the furnishing and maintenance of reasonable surety to guarantee that the land affected is reclaimed according to approved plans consistent with on-site conditions;

(d) that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, or tunnel as required under Section 40-8-13;

(e) that the operator pay legally determined public liability and property damage claims resulting from mining operations;

(f) that every operator who conducts mining operations in the state maintain suitable records and make periodic reports to the division as required under this chapter;

(g) that with respect to all mining operations, a notice of intention is filed with and, if required by this chapter, approved by the division before any such mining operations are commenced or continued pursuant to Section 40-8-23;

(h) the suspension of mining operations in an emergency situation;

(i) the payment of fixed, uniform, and nonescalating permit fees; or

(j) that mining operations be conducted to minimize or prevent hazards to public health and safety.

(2) No rule established by the board with respect to mined land reclamation shall have retroactive effect on existing reclamation plans included as a part of an approved notice of intention to commence mining operations which was approved prior to the effective date of the rule.

(3) The board may promulgate rules relating to the surety for mining operations in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 382, 2008 General Session