No. 33395 (5-year Review): Rule R645-400. Inspection and Enforcement:Division Authority and Procedures

DAR File No.: 33395
Filed: 02/17/2010 10:24:58 AM

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. Sections 40-10-19 and 40-10-22 specifically establish provisions for right of entry upon coal mining operations, authority for inspections, and procedures for violation of permits.

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 should be continued to ensure adequate coal mining inspection and enforcement provisions are in place to enable a fair and consistent process for issuance and resolution of such matters. This rule should also 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 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]

Effective:

02/17/2010

Authorized by:

John Baza, Director

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