40-6-9.5 - Permits for crude oil production -- Application -- Bond requirement -- Closure of facilities -- Availability of records.
40-6-9.5. Permits for crude oil production -- Application -- Bond requirement --Closure of facilities -- Availability of records.
(1) The division may issue permits authorizing construction, operation, maintenance, andcessation 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.
(2) Each owner and operator of any facility described in Subsection 40-6-5(2)(h) orplanning to construct, operate, or maintain a facility described in Subsection 40-6-5(2)(h) shallsubmit to the division an application stating in detail the location, type, and capacity of thefacility contemplated; the extent and location of area disturbed or to be disturbed including, butnot limited to, any pits, ponds, or lands, associated with the facility; a plan for reclamation of thesite; and other materials required by the division. All existing facilities described in Subsection40-6-5(2)(h) shall submit plans by July 28, 1985. Application for all planned facilities must beapproved and a permit issued before any ground clearing or construction may occur.
(3) As a condition for approval of any permit, the owner and operator shall post a bond inan amount determined by the division to cover reclamation costs for the site. Approval of anypermit is also conditioned upon compliance with all laws, rules, and orders of the board. Failureto post the bond is considered sufficient grounds to deny a permit.
(4) The board may order the closure of any facility described in Subsection 40-6-5(2)(h)if an application is not forthcoming in the time allowed in Subsection (2), a bond is not posted, aviolation of the rules and regulations of other state or federal agencies exists, or for other materialand substantial cause.
(5) The owner and operator are subject to all applicable state, federal, and local rules andregulations.
(6) The records required to be kept by Subsection 40-6-5(2)(i) shall be available forinspection and audit by the board or its agents during reasonable working hours.
Amended by Chapter 22, 1989 General Session