Utah Administrative Code
Topic - Natural Resources
Title R647 - Oil, Gas and Mining; Non-Coal
Rule R647-6 - Inspection and Enforcement: Division Authority and Procedures
Section R647-6-101 - General Information on Authority and Procedures
Universal Citation: UT Admin Code R 647-6-101
Current through Bulletin 2024-18, September 15, 2024
(1) Enforcement Authority. Nothing in the Utah Mined Land Reclamation Act will be construed as eliminating any additional enforcement rights or procedures which are available under State law to the Division, but which are not specifically enumerated in Sections 40-8-8, 40-8-9 and 40-8-9.1 of the Utah Mined Land Reclamation Act.
(2) Inspection Program. The Division will conduct inspections of each mining operation and reclamation under its jurisdiction for the purpose of enforcing the provisions of Title 40, Chapter 8.
2.11. Division representatives shall be
allowed to enter upon and through any minerals mining operation and reclamation
without advance notice. Division Representatives need to check in on site or
make an attempt to contact the permittee or operator, if available, prior to
proceeding through the site.
2.12.
Division representatives shall be allowed to inspect any monitoring equipment
or method of exploration, operation or reclamation and have access to and may
copy any records required under the Utah Mined Land Reclamation Act.
(3) Compliance Conference.
3.11. A permittee or operator may request an
on-site compliance conference with an authorized representative of the Division
to review the compliance status of any condition or practice at any mining
operation and reclamation. Any such conference will not constitute an
inspection within the meaning of Section
40-8-9
and R647-6-101.2.
3.12. The
Division may accept or refuse any request to conduct a compliance conference
under R647-6-101.3.11. A conference will be considered an inspection if a
condition or practice exists which is described in R647-6-102.1.11.111 or
1.11.112.
3.13. The authorized
representative at any compliance conference will review such conditions and
practices in order to advise whether any such condition or practice is, or may
become a violation of any requirement of the Utah Mined Land Reclamation Act or
any applicable permit or exploration approval.
3.14. Neither the holding of a compliance
conference under this section nor any statement given by the authorized
representative at such a conference will affect:
3.14.111. Any rights or obligations of the
Division or of the permittee or operator with respect to any inspection, notice
of violation or cessation order, whether prior or subsequent to such compliance
conference; or
3.14.112. The
validity of any notice of violation or cessation order issued with respect to
any condition or practice reviewed at the compliance
conference.
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