Utah Admin. Code R645-106-800 - Revocation and Enforcement
810.
Division responsibility. The Division shall conduct an annual compliance review
of the mining area, utilizing the annual report submitted pursuant to
R645-106-900,
an on-site inspection and any other information available to the
Division.
820. If the Division has
reason to believe that a specific mining area was not exempt under the
provisions of R645-106 at the end of the previous reporting period, is not
exempt, or will be unable to satisfy the exemption criteria at the end of the
current reporting period, the Division shall notify the operator that the
exemption may be revoked and the reason(s) therefor. The exemption will be
revoked unless the operator demonstrates to the Division within 30 days that
the mining area in question should continue to be exempt.
830. Division decision.
831. If the Division finds that an operator
has not demonstrated that activities conducted in the mining area qualify for
the exemption, the Division shall revoke the exemption and immediately notify
the operator and intervenors. If a decision is made not to revoke an exemption,
the Division shall immediately notify the operator and intervenors.
832. Any adversely affected person may
request administrative review of a decision whether to revoke an exemption
within 30 days of the notification of such decision in accordance with
procedures established under
R645-300-200.
833. A petition for administrative review
filed under
R645-300-200 shall not suspend the effect of a decision whether to revoke an
exemption.
840. Direct
enforcement.
841. An operator
mining in accordance with the terms of an approved exemption shall not be cited
for violations of the regulatory program which occurred prior to the revocation
of the exemption.
842. An operator
who does not conduct activities in accordance with the terms of an approved
exemption and knows or should know such activities are not in accordance with
the approved exemption shall be subject to direct enforcement action for
violations of the regulatory program which occur during the period of such
activities.
843. Upon revocation of
an exemption or denial of an exemption application, an operator shall stop
conducting surface coal mining operations until a permit is obtained and shall
comply with the reclamation standards of the applicable regulatory program with
regard to conditions, areas and activities existing at the time of revocation
or denial.
Notes
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