40-10-6 - Powers, functions, and duties of board and division. - Utah Statutes

40-10-6. Powers, functions, and duties of board and division.
In addition to those provided in Title 40, Chapter 8, the board and division have thefollowing powers, functions, and duties:
(1) to make and promulgate in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, the rules as are specifically necessary for the regulation of coalmining operations and reclamation operations;
(2) to authorize its employees, agents, or contractors to enter upon any property for thepurpose of carrying out the provisions of this chapter and Title 40, Chapter 8;
(3) to establish specific reclamation and performance standards for new and existingcoal mining operations and to effectuate these standards retroactively;
(4) to prohibit mining and exploration operations without a permit and to establishprocedures and requirements for the preparation, submission, approval, denial, termination, andmodification of applications for coal mining and reclamation permits and for coal explorationpermits;
(5) to set and assess an application fee based on no more than the actual cost of reviewand processing of the application, this fee to accompany each application for a surface coalmining and reclamation permit and each application for an exploration permit;
(6) to establish procedures and detailed requirements for all reclamation plans submittedas part of a permit application;
(7) to condition the issuance of a permit to commence or continue surface miningoperations upon the posting of performance bonds, deposits, or sureties and to make provisionfor the release of same in compliance with the requirements of this chapter;
(8) to appoint or employ technical support, legal services, or independent consultants infurtherance of the objectives of this chapter and shall be responsible for coordination with otheragencies in matters relating to mined land reclamation and the application of related law; and
(9) to do all other things and take such other actions retroactively or otherwise within thepurposes of this chapter as may be necessary to enforce its provisions.

Amended by Chapter 382, 2008 General Session