DAR File No. 31761

Natural Resources, Oil, Gas and Mining; Non-Coal

R647-8

Inspection and Enforcement: Individual Civil Penalties

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 31761
Filed: 07/28/2008, 08:55
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 40-8-6 provides authority to the Board of Oil, Gas and Mining to enact rules that are reasonably necessary to carry out the purposes of the Utah Mined Land Reclamation Act. Subsection 40-8-9.1(6) specifically provides authority for individual civil penalties to be assessed by the division for violation of Title 40, Chapter 8.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Two letters were recently received which support renewal of this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule establishes provisions for individual civil penalties for violation of the Mined Land Reclamation Act and should be continued to ensure that minerals development in Utah occurs with compliance of the rules for exploration, operation, and reclamation.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Oil, Gas and Mining; Non-Coal
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov

Authorized by:

John Baza, Director