40-6-9.5. Permits for crude oil production -- Application -- Bond requirement -- Closure of facilities -- Availability of records.

358 words·~2 min read·/ut/title-40/chapter-6/40-6-9-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

(1)The division may issue permits authorizing construction, operation, maintenance, and cessation of treating facilities and operations covered by Subsection 40-6-5(2)(h) and to approve, as part of that permit, post-cessation reclamation of the site.

(a)An owner and operator of a facility described in Subsection 40-6-5(2)(h) or planning to construct, operate, or maintain a facility described in Subsection 40-6-5(2)(h) shall submit to the division an application stating in detail:

(i)the location, type, and capacity of the facility contemplated;

(ii)the extent and location of area disturbed or to be disturbed including any pits, ponds, or lands associated with the facility;

(iii)a plan for reclamation of the site; and

(iv)other materials required by the division.

(b)Existing facilities described in Subsection 40-6-5(2)(h) shall submit plans by July 28, 1985.

(c)Application for all planned facilities must be approved and a permit issued before any ground clearing or construction may occur.

(a)As a condition for approval of a permit, the owner and operator shall post a bond in an amount determined by the division to cover reclamation costs for the site consistent with rules made to implement Subsection 40-6-5(2)(f) .

(b)Approval of a permit is also conditioned upon compliance with the laws, rules, and orders of the board.

(c)Failure to post the bond is considered sufficient grounds to deny a permit.

(4)The board may order the closure of a facility described in Subsection 40-6-5(2)(h) if:

(a)an application is not forthcoming in the time allowed in Subsection

(2);

(b)a bond is not posted;

(c)a violation of the rules and regulations of other state or federal agencies exists; or

(d)for other material and substantial cause.

(5)The owner and operator are subject to applicable state, federal, and local rules and regulations.

(6)The records required to be kept by Subsection 40-6-5(2)(i) shall be available for inspection and audit by the board or the board's agents during reasonable working hours.

Amended by Chapter 375 , 2020 General Session