DAR File No.: 40742
Filed: 09/06/2016 01:02:28 PMNOTICE 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 84116-3154Direct 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
Effective:
09/06/2016
Authorized by:
John Baza, Director
Document Information
- Effective Date:
- 9/6/2016
- Publication Date:
- 10/01/2016
- Type:
- Five-Year Notices of Review and Statements of Continuation
- Filed Date:
- 09/06/2016
- Agencies:
- Natural Resources, Oil, Gas and Mining; Coal
- Authorized By:
- John Baza, Director
- DAR File No.:
- 40742
- Summary:
No written comments have been received.
- CodeNo:
- R645-403
- CodeName:
- {43975|R645-403|R645-403. Alternative Enforcement}
- Link Address:
- Natural ResourcesOil, Gas and Mining; CoalRoom 1210 1594 W NORTH TEMPLESALT LAKE CITY, UT 84116-3154
- Link Way:
Steve Schneider, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov
- AdditionalInfo:
- 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 http://www.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 ...
- Related Chapter/Rule NO.: (1)
- R645-403. Alternative Enforcement.