Chapter 10 - COAL MINING AND RECLAMATION
- Section 40-10-1 - Legislative finding
- Section 40-10-2 - Purpose
- Section 40-10-3 - Definitions
- Section 40-10-5 - Activities exempted from chapter
- Section 40-10-6 - Powers, functions, and duties of board and division
- Section 40-10-6.5 - Rulemaking authority and procedure
- Section 40-10-6.7 - Administrative procedures
- Section 40-10-7 - Financial interest in mining operation prohibited - Penalty - Enforcement - Quorum for board hearings
- Section 40-10-8 - Exploration rules issued by division - Contents - Confidential information not to be publicly available - Penalty for violation - Division approval required for removal of excess coal
- Section 40-10-9 - Permit required for surface coal mining operations - Exemptions - Expiration of permit - Maximum time for commencement of mining operations - Renewal of permit
- Section 40-10-10 - Permit application fee - Submission of application and reclamation plan - Determinations, tests, and samplings - Filing of application - Insurance required - Blasting plan
- Section 40-10-11 - Division action on permit application - Requirements for approval - List of applicant's mining law violation - Restoration of prime farmland
- Section 40-10-12 - Revised permit and reclamation plan - Application - Transfer, assignment, or sale of rights - Revision or modification of permit provisions
- Section 40-10-13 - Advertisement of ownership, location, and boundaries - Notice to interested agencies or bodies - Objections - Conference
- Section 40-10-14 - Division's findings issued to applicant and parties to conference - Notice to applicant of approval or disapproval of application - Hearing - Temporary relief - Appeal to district court - Further review
- Section 40-10-15 - Performance bond - Duration of liability under bond - Cash deposit or securities in lieu of bond - Surety - Adjustment of amount
- Section 40-10-16 - Release of performance bond, surety, or deposit - Inspection and evaluation of reclamation work - Action on application for release of bond - Objections - Formal hearing or informal conference
- Section 40-10-17 - Performance standards for all coal mining and reclamation operations - Additional standards for steep-slope surface coal mining - Variances
- Section 40-10-18 - Underground coal mining - Rules regarding surface effects - Operator requirements - Repair or compensation for damage - Replacement of water
- Section 40-10-18.1 - Suspension of underground mining upon finding of immediate danger to inhabitants at surface
- Section 40-10-18.2 - Applicability of other chapter provisions
- Section 40-10-19 - Information provided by permittees to division - Inspections by division - Signs required at operations entrances - Violations reported by reclamation officers - Copies of records and reports available to public
- Section 40-10-20 - Civil penalty for violation of chapter - Informal conference - Public hearing - Contest of violation or amount of penalty - Collection - Criminal penalties - Civil penalty for failure to correct violation
- Section 40-10-21 - Civil action to compel compliance with chapter - Venue - Division and board as parties - Court costs - Security when temporary restraining order or injunction sought - Other rights not affected - Action for damages
- Section 40-10-22 - Violation of chapter or permit conditions - Inspection - Cessation order, abatement notice, or show cause order - Suspension or revocation of permit - Review - Costs assessed against either party
- Section 40-10-23 - Time for bringing criminal proceeding
- Section 40-10-24 - Determination of unsuitability of lands for surface coal mining - Petition - Public hearing - Detailed statement by division
- Section 40-10-25 - Abandoned mine reclamation program - Expenditure priorities - Eligible lands and water - Requirements for use of funds for reclamation or drainage abatement - Priority sites - Effect of release of bond or deposit
- Section 40-10-25.1 - Abandoned Mine Reclamation Fund created - Contents - Use of money
- Section 40-10-25.2 - Liability limitation for abandoned mine reclamation
- Section 40-10-26 - State reclamation plan and annual projects submitted to Secretary of Interior - Contents of plan - Annual support and implementation requests - Costs for proposed projects
- Section 40-10-27 - Entry upon land adversely affected by past coal mining practices - Conducting of studies or exploratory work - State acquisition of land - Lien - Waste disposal fund - Water pollution control and treatment plants
- Section 40-10-28 - Recovery of reclamation costs - Lien against reclaimed land
- Section 40-10-28.1 - Certification of completion of coal reclamation
- Section 40-10-29 - Other enforcement and protection rights unaffected - Operator to replace adversely affected water supply of legitimate users
- Section 40-10-30 - Judicial review of rules or orders