DAR File No. 40741

This notice was published in the October 1, 2016, issue (Vol. 2016, No. 19) of the Utah State Bulletin.

Natural Resources, Oil, Gas and Mining; Coal

Rule R645-402

Inspection and Enforcement: Individual Civil Penalties

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40741
Filed: 09/06/2016 01:01:02 PM


Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Sections 40-10-6 and 40-10-6.5 provide for rulemaking authority to the Board of Oil, Gas and Mining as necessary for the regulation of coal mining operations and reclamation operations. Subsection 40-10-20(6) specifically establishes provisions for civil penalties for a director, officer, or agent of a corporation who knowingly authorizes a violation of a condition of a coal mining permit.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule establishes standards and procedures that are necessary for individual civil penalties against any corporate director, officer, or agent of a corporate permittee who knowingly authorizes a permit violation. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Natural Resources
Oil, Gas and Mining; CoalRoom 1210
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

  • Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov



Authorized by:

John Baza, Director

Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20161001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.