DAR File No. 40742
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
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 40742
Filed: 09/06/2016 01:02:28 PM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
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. Subsections 40-10-20(4) through 40-10-20(7) specifically establish provisions for civil actions and criminal penalties for willfully and knowingly violating a condition of a coal mining permit. Subsection 40-10-22(2) and Section 40-10-23 establish procedures for the division request of the attorney general for relief due to violations or refusals to comply, and establish the time for bringing a criminal proceeding.
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 for criminal penalties for willfully and knowingly violating conditions of a coal permit, plus standards and procedures for requests to the Utah Attorney General to pursue civil actions against a permittee. 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
1594 W NORTH TEMPLE
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 email@example.com
John Baza, Director
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 firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.