Utah Code 40-6-9.5. Permits for crude oil production — Application — Bond requirement — Closure of facilities — Availability of records
Current as of: 2024 | Check for updates
|
Other versions
(1) The division may issue permits authorizing construction, operation, maintenance, and cessation of treating facilities and operations covered by Subsection 40-6-5(2)(h) and to approve, as part of that permit, post-cessation reclamation of the site.
Terms Used In Utah Code 40-6-9.5
- Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-6-2
- Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-6-2
- Operator: means a person who has been designated by the owners or the board to operate a well or unit. See Utah Code 40-6-2
- Owner: means a person who has the right:(18)(a) to drill into and produce from a reservoir; and(18)(b) to appropriate the oil and gas produced for that person or for that person and others. See Utah Code 40-6-2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)(2)(a) An owner and operator of a facility described in Subsection 40-6-5(2)(h) or planning to construct, operate, or maintain a facility described in Subsection 40-6-5(2)(h) shall submit to the division an application stating in detail:(2)(a)(i) the location, type, and capacity of the facility contemplated;(2)(a)(ii) the extent and location of area disturbed or to be disturbed including any pits, ponds, or lands associated with the facility;(2)(a)(iii) a plan for reclamation of the site; and(2)(a)(iv) other materials required by the division.(2)(b) Existing facilities described in Subsection 40-6-5(2)(h) shall submit plans by July 28, 1985.(2)(c) Application for all planned facilities must be approved and a permit issued before any ground clearing or construction may occur.(3)(3)(a) As a condition for approval of a permit, the owner and operator shall post a bond in an amount determined by the division to cover reclamation costs for the site consistent with rules made to implement Subsection 40-6-5(2)(f).(3)(b) Approval of a permit is also conditioned upon compliance with the laws, rules, and orders of the board.(3)(c) Failure to post the bond is considered sufficient grounds to deny a permit.(4) The board may order the closure of a facility described in Subsection 40-6-5(2)(h) if:(4)(a) an application is not forthcoming in the time allowed in Subsection (2);(4)(b) a bond is not posted;(4)(c) a violation of the rules and regulations of other state or federal agencies exists; or(4)(d) for other material and substantial cause.(5) The owner and operator are subject to applicable state, federal, and local rules and regulations.(6) The records required to be kept by Subsection 40-6-5(2)(i) shall be available for inspection and audit by the board or the board’s agents during reasonable working hours.