No. 30932 (Amendment): R645-100-200. Definitions

DAR File No.: 30932
Filed: 01/29/2008, 03:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment results from a request to study rules by the Utah Mining Association and a subsequent informal rulemaking process. The purpose of this rule change is to clarify the definition of intermittent stream as it currently includes attributes of ephemeral stream, another defined term.

Summary of the rule or change:

This rule change deletes a portion of the intermittent stream definition which includes attributes of an ephemeral stream. This change will bring clarity in the Coal Program rules where these terms are used. In order to remain as effective as the federal regulation, the portion of the intermittent stream definition that is being deleted is re-inserted into performance standards in the Coal Program rules, as shown in a companion rulemaking filing affecting Rule R645-301. (DAR NOTE: The proposed amendment to Rule R645-301 is under DAR No. 30933 in this issue, February 15, 2008, of the Bulletin.)

State statutory or constitutional authorization for this rule:

Sections 40-10-6 and 40-10-10

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget from this rule change. This rule provides additional clarity to the definition of a term utilized within the rules of the division's Coal Program.

local governments:

There are no anticipated costs or savings to local government from this rule change. Local governments are not impacted since they are not operators of coal mines in Utah.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses from this rule change because these parties are normally not operators of coal mines in Utah. Coal mine operators are subject to Title R645 rules.

Compliance costs for affected persons:

Coal mine operators in Utah are regulated via Title R645 rules. No new compliance costs are expected for coal mine operators from this change.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change will not increase cost to businesses and the improved clarity of the definition of intermittent stream may cause a minor reduced fiscal impact to coal operators regulated by the Coal Program. Michael Styler, Executive Director

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

Natural Resources
Oil, Gas and Mining; Coal
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 [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2008

Interested persons may attend a public hearing regarding this rule:

2/27/2008 at 10:00 AM, Natural Resources, 1594 W North Temple, Suite 1040, Salt Lake City, UT

This rule may become effective on:

03/26/2008

Authorized by:

John Baza, Director

RULE TEXT

R645. Natural Resources; Oil, Gas and Mining; Coal.

R645-100. Administrative: Introduction.

R645-100-200. Definitions.

As used in the R645 Rules, the following terms have the specified meanings:

 

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"Imminent Danger to the Health and Safety of the Public" means the existence of any condition or practice, or any violation of a permit or other requirements of the Act in a coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement.

"Impounding Structure" means a dam, embankment, or other structure used to impound water, slurry, or other liquid or semiliquid material.

"Impoundments" means all water, sediment, slurry, or other liquid or semiliquid holding structures, either naturally formed or artificially built.

"Indian Lands" means all lands, including mineral interests, within the exterior boundaries of any federal Indian reservation, notwithstanding the issuance of any patent, and including rights-of-way, and all lands including mineral interests held in trust for or supervised by an Indian tribe.

"Indirect Financial Interest" means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child(ren) and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining and reclamation operations in which the spouse, minor child(ren), or other resident relatives hold a financial interest.

"In-Situ Processes" means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in-situ gasification, in-situ leaching, slurry mining, solution mining, borehole mining, and fluid-recovery mining.

"Intermittent Stream" means[ (a) a stream, or reach of a stream, that drains a watershed of at least one square mile, or (b)] a stream, or reach of a stream, that is below the local water table for at least some part of the year and obtains its flow from both surface runoff and groundwater discharge.

"Irreparable Damage to the Environment" means any damage to the environment in violation of the Act, the State Program, or the R645 Rules that cannot be corrected by actions of the applicant.

 

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KEY: reclamation, coal mines

Date of Enactment or Last Substantive Amendment: [April 2, 2001]2008

Notice of Continuation: March 7, 2007

Authorizing, and Implemented or Interpreted Law: 40-10-1 et seq.