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Utah Code Title 40. Mines and Mining § 40-11-3. Board authority--Rulemaking authority

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) The board and the division have jurisdiction over all persons and property necessary to enforce this chapter.

(2) To enforce this chapter, the board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including rules establishing penalties for a violation of this chapter.

(3) Subject to the granting of primacy by the Environmental Protection Agency under the process required in 40 C.F.R. Section 145 and successful application for primacy approval under Section 1425 of the Safe Drinking Water Act, the board and the division have:

(a) exclusive jurisdiction in the state over Class VI injection wells located in the state on nonfederal lands; and

(b) cooperative jurisdiction in the state over Class VI injection wells located in the state on federal lands.

(4) The board shall establish fees in accordance with Section 63J-1-504, in an amount to pay the costs to the board and division of:

(a) the permitting process;

(b) the regulation of the construction, operation, and pre-closure activities of the storage facility;

(c) the monitoring and management of closed storage facilities; and

(d) administering the fund.

(5) In addition to a fee imposed under Subsection (4), the board, in accordance with Section 63J-1-504:

(a) may impose fees under Section 40-11-20; and

(b) shall impose a fee under Section 40-11-21.

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Cite this article: FindLaw.com - Utah Code Title 40. Mines and Mining § 40-11-3. Board authority--Rulemaking authority - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-40-mines-and-mining/ut-code-sect-40-11-3/

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