Utah Code 40-8-9. Evasion of chapter or orders — Penalties — Limitations of actions — Violation of chapter or permit conditions — Inspection — Cessation order, abatement notice, or show cause order — Suspension or revocation of permit — Review…
Current as of: 2024 | Check for updates
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For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 40-8-9
- Applicant: means a person who has filed a notice of intent to commence mining operations, or who has applied to the board for a review of a notice or order. See Utah Code 40-8-4
- Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-8-4
- Conference: means an informal adjudicative proceeding conducted by the division. See Utah Code 40-8-4
- Continuance: Putting off of a hearing ot trial until a later time.
- Conviction: A judgement of guilt against a criminal defendant.
- Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-8-4
- Emergency order: means an order issued by the board in accordance with Section
63G-4-502 . See Utah Code 40-8-4 - Hearing: means a formal adjudicative proceeding conducted by the board under the board's procedural rules. See Utah Code 40-8-4
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Mining operation: means activities conducted on the surface of the land for the exploration for, development of, or extraction of a mineral deposit, including surface mining and the surface effects of underground and in situ mining, on-site transportation, concentrating, milling, evaporation, and other primary processing. See Utah Code 40-8-4
- Notice: means :
(20)(a) notice of intention, as defined in this chapter; or(20)(b) written information given to an operator by the division describing compliance conditions at a mining operation. See Utah Code 40-8-4- Operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mining operation or proposed mining operation. See Utah Code 40-8-4
- Order: means written information provided by the division or board to an operator or other parties, describing the compliance status of a permit or mining operation. See Utah Code 40-8-4
- Owner: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mineral deposit or the surface of lands employed in mining operations. See Utah Code 40-8-4
- Permit: means a permit order. See Utah Code 40-8-4
- Permit area: means the area of land indicated on the approved map submitted by the operator with the application or notice to conduct mining operations. See Utah Code 40-8-4
- Permittee: means a person holding, or who is required by Utah law to hold, a valid permit or notice to conduct mining operations. See Utah Code 40-8-4
- Person: means an individual, partnership, association, society, joint stock company, firm, company, corporation, or other governmental or business organization. See Utah Code 40-8-4
- Reclamation: means actions performed during or after mining operations to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable ecological condition and use that is consistent with local environmental conditions. See Utah Code 40-8-4
- 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
- Venue: The geographical location in which a case is tried.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) A person, owner, or operator who willfully or knowingly evades this chapter, or who for the purpose of evading this chapter or any order issued under this chapter, willfully or knowingly makes or causes to be made any false entry in any report, record, account, or memorandum required by this chapter, or by the order, or who willfully or knowingly omits or causes to be omitted from a report, record, account, or memorandum, full, true, and correct entries as required by this chapter, or by the order, or who willfully or knowingly removes from this state or destroys, mutilates, alters, or falsifies any record, account, or memorandum, is guilty of a class B misdemeanor and, upon conviction, is subject to a fine of not more than $10,000 for each violation.(1)(b) Each day of willful failure to comply with an emergency order is a separate violation.(2) No suit, action, or other proceeding based upon a violation of this chapter, or any rule or order issued under this chapter, may be commenced or maintained unless the suit, action, or proceeding is commenced within five years from the date of the alleged violation.(3)(3)(a) If, on the basis of information available, the division has reason to believe that a person is in violation of a requirement of this chapter or a permit condition required by this chapter, the division shall immediately order inspection of the mining operation at which the alleged violation is occurring, unless the information available to the division is a result of a previous inspection of the mining operation.(3)(b)(3)(b)(i) If, on the basis of an inspection, the division determines that a condition or practice exists, or that a permittee is in violation of a requirement of this chapter or a permit condition required by this chapter, and the condition, practice, or violation also creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the division shall immediately order a cessation of mining and operations or the portion relevant to the condition, practice, or violation.(3)(b)(ii) The cessation order shall remain in effect until the division determines that the condition, practice, or violation has been abated, or until modified, vacated, or terminated by the division.(3)(b)(iii) If the division finds that the ordered cessation of mining operations, or a portion of the operation, will not completely abate the imminent danger to the health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the division shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the division considers necessary to abate the imminent danger or the significant environmental harm.(3)(c)(3)(c)(i) If, on the basis of an inspection, the division determines that a permittee is in violation of a requirement of this chapter or a permit condition required by this chapter, but the violation does not create an imminent danger to the health or safety of the public or cannot be reasonably expected to cause significant, imminent environmental harm to land, air, or water resources, the division shall issue a notice to the permittee or the permittee’s agent specifying a reasonable time, but not more than 90 days, for the abatement of the violation and providing an opportunity for a conference with the division.(3)(c)(ii) If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown, and upon the written finding of the division, the division finds that the violation has not been abated, it shall immediately order a cessation of mining operations or the portion of the mining operation relevant to the violation.(3)(c)(iii) The cessation order shall remain in effect until the division determines that the violation has been abated or until modified, vacated, or terminated by the division pursuant to this Subsection (3).(3)(c)(iv) In the order of cessation issued by the division under this Subsection (3), the division shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order.(3)(d)(3)(d)(i) Notices and orders issued under this section shall set forth with reasonable specificity:(3)(d)(i)(A) the nature of the violation and the remedial action required;(3)(d)(i)(B) the period of time established for abatement; and(3)(d)(i)(C) a reasonable description of the portion of the mining and reclamation operation to which the notice or order applies.(3)(d)(ii) Each notice or order issued under this section shall be given promptly to the permittee or the permittee’s agent by the division, and the notices and orders shall be in writing and shall be signed by the director, or the director’s authorized representative who issues notices or orders.(3)(d)(iii) A notice or order issued under this section may be modified, vacated, or terminated by the division, but any notice or order issued under this section which requires cessation of mining by the operator shall expire within 30 days of the actual notice to the operator, unless a conference is held with the division.(4)(4)(a) The division may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, if the permittee or the permittee’s agent:(4)(a)(i) violates or fails or refuses to comply with an order or decision issued by the division under this chapter;(4)(a)(ii) interferes with, hinders, or delays the division, or its authorized representatives, in carrying out the provisions of this chapter;(4)(a)(iii) refuses to admit the authorized representatives to the mine;(4)(a)(iv) refuses to permit inspection of the mine by the authorized representative; or(4)(a)(v) refuses to furnish any information or report requested by the division in furtherance of the provisions of this chapter.(4)(b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the attorney general brings the action described in Subsection (4)(a) in the district court, the attorney general shall bring the action in the county in which:(4)(b)(i) the mining and reclamation operation is located; or(4)(b)(ii) the permittee of the operation has the permittee’s principal office.(4)(c)(4)(c)(i) The court shall have jurisdiction to provide the appropriate relief.(4)(c)(ii) Relief granted by the court to enforce an order under Subsection (4)(a)(i) shall continue in effect until the completion or final termination of all proceedings for review of that order under this chapter, unless, prior to this completion or termination, the court granting the relief sets it aside or modifies the order.(5)(5)(a)(5)(a)(i) A permittee issued a notice or order by the division, pursuant to the provisions of Subsections (3)(b) and (3)(c), or a person having an interest that may be adversely affected by the notice or order, may apply to the board for review of the notice or order within 30 days of receipt of the notice or order, or within 30 days of a modification, vacation, or termination of the notice or order.(5)(a)(ii) Upon receipt of this application, the board shall pursue an investigation as it considers appropriate.(5)(a)(iii) The investigation shall provide an opportunity for a public hearing at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or that person to present information relating to the issuance and continuance of the notice or order of the modification, vacation, or termination of the notice or order.(5)(a)(iv) The filing of an application for review under this Subsection (5)(a) shall not operate as a stay of an order or notice.(5)(b)(5)(b)(i) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior to the hearing.(5)(b)(ii) This hearing shall be of record and shall be subject to judicial review.(5)(c)(5)(c)(i) Pending completion of the investigation and hearing required by this section, the applicant may file with the board a written request that the board grant temporary relief from any notice or order issued under this section, with a detailed statement giving the reasons for granting this relief.(5)(c)(ii) The board shall issue an order or decision granting or denying this relief expeditiously.(5)(d)(5)(d)(i) Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to this section, the board shall hold a public hearing, after giving written notice of the time, place, and date of the hearing.(5)(d)(ii) The hearing shall be of record and shall be subject to judicial review.(5)(d)(iii) Within 60 days following the public hearing, the board shall issue and furnish to the permittee and all other parties to the hearing, a written decision, and the reasons for the decision, regarding suspension or revocation of the permit.(5)(d)(iv) If the board revokes the permit, the permittee shall immediately cease mining operations on the permit area and shall complete reclamation within a period specified by the board, or the board shall declare the performance bonds forfeited for the operation.(5)(e) An action taken by the board under this section, or any other provision of the state program, is subject to judicial review by a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.(6) A criminal proceeding for a violation of this chapter, or a regulation or order issued under this chapter, shall be commenced within five years from the date of the alleged violation.