Utah Admin. Code R645-100-400 - Applicability
410. Except as
provided under R645-100-420, the R645 Rules apply to all coal exploration and
coal mining and reclamation operations, except:
411. The extraction of coal by a landowner
for his or her own noncommercial use from land owned or leased by him or her.
Noncommercial use does not include the extraction of coal by one unit of an
integrated company or other business or nonprofit entity which uses the coal in
its own manufacturing or power plants;
412. The extraction of 250 tons of coal or
less by a person conducting coal mining and reclamation operations. A person
who intends to remove more than 250 tons is not exempted;
413. The extraction of coal as an incidental
part of federal, state or local government-financed highway or other
construction in accordance with R645-102.
414. The extraction of coal incidental to the
extraction of other minerals where coal does not exceed 16-2/3 percent of the
mineral tonnage removed for commercial use or sale in accordance with R645-106;
or
420. Existing Structure Exemption. Each
structure used in connection with or to facilitate coal exploration or coal
mining and reclamation operations will comply with the performance standards
and design requirements of R645-301 and R645-302, except that:
421. An existing structure which meets the
performance standards but does not meet the design requirements of R645-301 and
R645-302 may be exempted from meeting those design requirements by the
Division. The Division may grant this exemption only as part of the permit
application process after obtaining the information required by
R645-301-526.110 through R645-301-526.115.4 and after making the findings
required by R645-300-130.
422. If
the performance standard of the MC Rules (Interim Program Rules) is at least as
stringent as the comparable performance standard of the R645 Rules, an existing
structure which meets the performance standards of the MC Rules may be exempted
by the Division from meeting the design requirements of the R645 Rules. The
Division may grant this exemption only as part of the permit application
process after obtaining the information required by R645-301-526.110 through
R645-301-526.115.4 and after making the findings required by
R645-300-130.
423. An existing
structure which meets a performance standard of the MC Rules which is less
stringent than the comparable performance standard in the R645 Rules will be
modified or reconstructed to meet the design standard of the R645 Rules
pursuant to a compliance plan approved by the Division only as part of the
permit application as required in R645-301-526.110 through R645-301-526.115.4
and according to the findings required by R645-300-130.
424. An existing structure which does not
meet the performance standards of the MC Rules and which the applicant proposes
to use, in connection with or to facilitate the coal exploration or coal mining
and reclamation operation, will be modified or reconstructed to meet the
performance design standards of R645-301 and R645-302 prior to issuance of the
permit.
430. The exemptions
provided in paragraphs R645-100-421 and R645-100-422 will not apply
to:
431. The requirements for
existing and new coal mine waste disposal facilities; and
432. The requirements to restore the
approximate original contour of the land.
440. Regulatory Determination of Exemption.
The Division may, on its own initiative, and will, within a reasonable time of
a request from any person who intends to conduct coal mining and reclamation
operations, make a written determination whether the operation is exempt under
R645-100-400. The Division will give reasonable notice of the request to
interested persons. Prior to the time a determination is made, any person may
submit, and the Division will consider, any written information relevant to the
determination. A person requesting that an activity be declared exempt will
have the burden of establishing the exemption. If a written determination of
exemption is reversed through subsequent administrative or judicial action, any
person who, in good faith, has made a complete and accurate request for an
exemption, and relied upon the determination, will not be cited for violations
which occurred prior to the date of the reversal.
450. Termination of Jurisdiction.
451. The Division may terminate its
jurisdiction under the regulatory program over the reclaimed site of a
completed coal mining and reclamation operation, or increment thereof, when:
451.100. The Division determines in writing
that under the initial program all requirements imposed under the MC rules have
been successfully completed; or
451.200. The Division determines in writing
that under the permanent program all requirements imposed under the applicable
regulatory program have been successfully completed or, where a performance
bond was required, the Division has made a final decision in accordance with
the State program to release the performance bond fully.
452. Following a termination under
R645-100-451, the Division will reassert jurisdiction under the regulatory
program over a site if it is demonstrated that the bond release or written
determination referred to under R645-100-451 was based upon fraud, collusion,
or misrepresentation of a material fact.
Notes
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No prior version found.