Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
§22-3-1. Short Title - This article shall be known and cited as the Surface...
§22-3-2. Legislative Findings and Purpose; Jurisdiction Vested in Division of Environmental Protection; Authority of Secretary; Inter-Departmental Cooperation - (a) The Legislature finds that it is essential to the...
§22-3-3. Definitions - As used in this article, unless used in a context...
§22-3-4. Reclamation; Duties and Functions of Secretary - (a) The secretary shall administer the provisions of this article...
§22-3-5. Surface Mining Reclamation Supervisors and Inspectors; Appointment and Qualifications; Salary - The director shall determine the number of surface mining reclamation...
§22-3-6. Duties of Surface Mining Reclamation Inspectors and Inspectors in Training - Except as otherwise provided in this article, surface mining reclamation...
§22-3-7. Notice of Intention to Prospect, Requirements Therefor; Bonding; Secretary's Authority to Deny or Limit; Postponement of Reclamation; Prohibited Acts; Exceptions - (a) Any person intending to prospect for coal in an...
§22-3-8. Prohibition of Surface Mining Without a Permit; Permit Requirements; Successor in Interest; Duration of Permits; Proof of Insurance; Termination of Permits; Permit Fees - (a) No person may engage in surface mining operations unless...
§22-3-9. Permit Application Requirements and Contents - (a) The surface mining permit application shall contain: (1) The...
§22-3-10. Reclamation Plan Requirements - (a) Each reclamation plan submitted as part of a surface...
§22-3-11. Bonds; Amount and Method of Bonding; Bonding Requirements; Special Reclamation Tax and Funds; Prohibited Acts; Period of Bond Liability - (a) After a surface mining permit application has been approved...
§22-3-11a. Special Reclamation Tax; Clarification of Imposition of Tax; Procedures for Collection and Administration of Tax; Application of Tax Procedure and Administration Act and Tax Crimes and Penalties Act - (a) It is the intent of the Legislature to clarify...
§22-3-12. Site-Specific Bonding; Legislative Rule; Contents of Legislative Rule; Legislative Intent - (a) Notwithstanding the provisions of section eleven of this article,...
§22-3-13. General Environmental Protection Performance Standards for Surface Mining; Variances - (a) Any permit issued by the secretary pursuant to this...
§22-3-13a. Preblast Survey Requirements - (a) At least thirty days prior to commencing blasting, as...
§22-3-14. General Environmental Protection Performance Standards for the Surface Effects of Underground Mining; Application of Other Provisions of Article to Surface Effects of Underground Mining - (a) The director shall promulgate separate rules directed toward the...
§22-3-15. Inspections; Monitoring; Right of Entry; Inspection of Records; Identification Signs; Progress Maps - (a) The director shall cause to be made inspections of...
§22-3-16. Cessation of Operation by Order of Inspector; Informal Conference; Imposition of Affirmative Obligations; Appeal - (a) Notwithstanding any other provisions of this article, a surface-mining...
§22-3-17. Notice of Violation; Procedure and Actions; Enforcement; Permit Revocation and Bond Forfeiture; Civil and Criminal Penalties; Appeals to the Board; Prosecution; Injunctive Relief - (a) If any of the requirements of this article, rules...
§22-3-18. Approval, Denial, Revision and Prohibition of Permit - (a) Upon the receipt of a complete surface-mining application or...
§22-3-19. Permit Revision and Renewal Requirements; Incidental Boundary Revisions; Requirements for Transfer; Assignment and Sale of Permit Rights; Operator Reassignment; and Procedures to Obtain Inactive Status - (a)(1) Any valid permit issued pursuant to this article carries...
§22-3-20. Public Notice; Written Objections; Public Hearings; Informal Conferences - (a) At the time of submission of an application for...
§22-3-21. Decision of Secretary on Permit Application; Hearing Thereon - (a) If an informal conference has been held, the secretary...
§22-3-22. Designation of Areas Unsuitable for Surface Mining; Petition for Removal of Designation; Prohibition of Surface Mining on Certain Areas; Exceptions; Taxation of Minerals Underlying Land Designated Unsuitable - (a) The director shall establish a planning process to enable...
§22-3-22a. Blasting Restrictions; Site Specific Blasting Design Requirement - (a) For purposes of this section, the term "production blasting"...
§22-3-23. Release of Bond or Deposits; Application; Notice; Duties of Secretary; Public Hearings; Final Maps on Grade Release - (a) The permittee may file a request with the secretary...
§22-3-24. Water Rights and Replacement; Waiver of Replacement - (a) Nothing in this article affects in any way the...
§22-3-25. Citizen Suits; Order of Court; Damages - (a) Except as provided in subsection (b) of this section,...
§22-3-26. Surface Mining Operations Not Subject to Article - The provisions of this article do not apply to any...
§22-3-27. Leasing of Lands Owned by State for Surface Mining of Coal - No land or interest in land owned by the state...
§22-3-28. Special Permits Authorization for Reclamation of Existing Abandoned Coal Processing Waste Piles; Coal Extraction Pursuant to a Government-Financed Reclamation Contract; Coal Extraction as an Incidental Part of Development of Land for Commer... - (a) Except where exempted by section twenty-six of this article,...
§22-3-29. Experimental Practices - In order to encourage advances in surface mining and reclamation...
§22-3-30. Certification and Training of Blasters - The director is responsible for the training, examination and certification...
§22-3-30a. Blasting Requirements; Liability and Civil Penalties in the Event of Property Damage - (a) Blasting shall be conducted in accordance with the rules...
§22-3-31. Conflict of Interest Prohibited; Criminal Penalties Therefor; Employee Protection - (a) No employee of the division engaged in the enforcement...
§22-3-32. Special Tax on Coal Production; Mines and Minerals Operations Fund - (a) Imposition of tax. -- Upon every person in this...
§22-3-32a. Special Tax on Coal; Clarification of Imposition of Tax; Procedures for Collection and Administration of Tax - (a) It is the intent of the Legislature to clarify...
§22-3-33. Attorney Fees and Costs - (a) As a result of any administrative proceeding under this...
§22-3-34. Office of Explosives and Blasting Terminated; Transfer of Functions; Responsibilities, Personnel and Assets - The office of explosives and blasting within the Department of...
§22-3-35. Legislative Rules on Surface-Mining Blasting; Disciplinary Procedures for Certified Blasters - (a) All authority to promulgate rules pursuant to article three,...
§22-3-36. Claims Process for Blasting - (a) The Division of Mining and Reclamation shall establish and...
§22-3-37. Rules, Orders and Permits to Remain in Effect Regarding Blasting; Proceedings Not Affected - (a) All orders, determinations, rules, permits, grants, contracts, certificates, licenses,...
§22-3-38. Transfer of Personnel and Assets - The secretary shall transfer to the Division of Mining and...