40-8-5 - Authority to enforce chapter -- Coordination of procedures -- Department of Environmental Quality. - Utah Statutes

40-8-5. Authority to enforce chapter -- Coordination of procedures -- Departmentof Environmental Quality.
(1) (a) The board and the division have jurisdiction and authority over all persons andproperty, both public and private, necessary to enforce this chapter.
(b) Any delegation of authority to any other state officer, board, division, commission, oragency to administer any or all other laws of this state relating to mined land reclamation iswithdrawn and the authority is unqualifiedly conferred upon the board and division as providedin this chapter.
(c) Nothing in this chapter, however, shall affect in any way the right of the landowner or any public agency having proprietary authority under other provisions of law to administer landswithin the state to include in any lease, license, bill of sale, deed, right-of-way, permit, contract,or other instrument, conditions as appropriate, provided that the conditions are consistent withthis chapter and the rules adopted under it.
(2) (a) Where federal or local laws or regulations require operators to comply with minedland reclamation procedures separate from those provided for in this chapter, the board anddivision shall make every effort to have its rules and procedures accepted by the other governingbodies as complying with their respective requirements.
(b) The objective in coordination is to minimize the need for operators and prospectiveoperators to undertake duplicating, overlapping, or conflicting compliance procedures.
(3) Nothing in this chapter is intended to abrogate or interfere with any powers or dutiesof the Department of Environmental Quality.

Amended by Chapter 299, 1995 General Session