Utah Admin. Code R647-4-117 - Notification of Suspension or Shut Down of Operations

1. The operator need not notify the Division of suspension of mining operations that does not exceed two years. The operator may elect to notify the Division of such a suspension by disclosing that mining operations are, or will be, in suspension in the report required by R647-4-121.

2. In the case of a termination or a suspension of mining operations that has exceeded, or is expected to exceed two (2) years, the operator shall notify the Division in writing or in the report required by R647-4-121.

2.11. The notification shall include a statement describing the operator's efforts to monitor and maintain the site in a safe, environmentally stable condition, and the date of the last self-inspection. The operator will keep written records of self-inspections and make them available to the Division upon request.

2.12. Upon request the operator shall furnish the Division with such data as it may require to evaluate the status of the mining operation, the status of compliance with these rules, and the probable future status of the land affected. Upon review of such data, the Division will take such action as may be appropriate consistent with the rules under Title R647.

3. The operator shall give the Division prompt written notice of a suspension of large mining operations that has exceeded or is expected to exceed five (5) years, or of a shut down. Upon receipt of notification, the Division shall, within 30 days, arrange to inspect the property. The notice of suspension or shut down will include information about the status of the large mining operation, the status of compliance with these rules, the probable future status of the land affected, and if applicable the estimated date mining operations are to resume.

4. If the operator does not provide the notice required by R647-4-117.3, the Division may require that the notice be provided.

5. An operator who has provided notice under R647-4-117.3 or R647-4-117.4 may remain in suspension so long as the operator:

5.11. Monitors the property as frequently as necessary, but no less than one time per year, to confirm the property is in a safe, environmentally stable condition;

5.12. Maintains the property in a safe, environmentally stable condition in accordance with the requirements in R647-4-107, as applicable;

5.13. Maintains adequate reclamation surety; and

5.14. Continues to pay permit fees required by R647-4-101.5 and submits annual reports required by R647-4-121.4.

6. Large mining operations that are in suspension for longer than five (5) years will be reevaluated by the Division at least every five (5) years. The Division may require additional interim reclamation or stabilization measures reasonably necessary to ensure operator compliance with R647-4-117.5.12 for a large mining operation to remain in a continued state of suspension. In accordance with R647-4-113.6.12, the Division will periodically evaluate the reclamation surety for operations in suspension and require changes as required by R647-4-113.6.

7. The Division may, after notice to the operator, determine mining operations are or have been shut down by demonstrating that the operator:

7.11. Fails to file the annual report under R647-4-121 and pay permit fees under R647-4-101.5;

7.12. Fails to provide notice required by the Division under R647-4-117.3 and fails to respond to a request to file such notice under R647-4-117.4;

7.13. Fails to maintain the property in a safe, environmentally stable condition in accordance with the requirements in R647-4-107.1 through 107.4, as applicable; or

7.14. Fails to comply with any Division requirements under R647-4-117.5.15.

7.15. In the event the Division makes a determination that a mining operation is shut down due to a failure to comply with any of the provision of R647-4-117.6.11 through R647-4-117.6.14, the operator may within 30 days of the notice of the determination, provide a written justification for its failure to comply, and if the Division finds the justification to be reasonable, the failure to comply excusable, or no undue prejudice from the non-compliance, it shall withdraw the determination. Neither this provision, nor a written justification, if any, shall serve to preclude, limit, or otherwise prejudice any other administrative remedies or procedures available to an operator under applicable laws or rules.

8. An operator who ends a suspension and resumes mining operations shall notify the Division within a reasonable time after resuming mining operations that the operator has resumed mining operations. If operations have been in suspension for more than five years, or were shut down for more than five years, resumption of mining shall require compliance with the current rules at R647-4-102 through R647-4-113, as applicable, to the extent the current rules would have applied to the operations had it continued mining during the period of suspension or shut down.

Notes

Utah Admin. Code R647-4-117

Amended by Utah State Bulletin Number 2020-04, effective 2/10/2020