40-8-23 - Effective dates -- Exceptions.
40-8-23. Effective dates -- Exceptions.
This act shall become effective 60 days after adjournment of the Legislature except asfollows:
(1) Mining operations which are active on the effective date of this act will be required toprepare and submit a notice of intention on or before July 1, 1977, and shall be authorized tocontinue such existing operations until the operator obtains approval of his notice of intention.Such approval shall be obtained by the operator within 36 months from the date of submission ofthis notice. Subsequent to approval of the notice of intention, the operator shall be bound by theprovisions of the approved notice of intention and surety requirements as provided in Sections40-8-13 and 40-8-14.
(2) Mining operations which are active on the effective date of this act and which aresuspended or terminated on or before July 1, 1977, shall advise the division of this fact beforeJuly 10, 1977, and shall not be required to submit a notice of intention.
(3) Mining operations which are inactive on the effective date of this act and whichresume operations on or before July 1, 1977, shall be required to prepare and submit a notice ofintention within 12 months following the effective date of this act or within six months of theresumption of such operations, whichever is earlier, and shall be authorized to conductoperations as described in the notice of intention until the operator obtains approval of his noticeof intention. Such approval shall be obtained by the operator within 36 months from the date ofsubmission of the notice. Subsequent to approval of the notice of intention the operator shall bebound by the provisions of the approved notice of intention and surety requirements as providedin Sections 40-8-13 and 40-8-14.
(4) The board and division, in the initial application of this act and until July 1, 1977,shall not be bound by the thirty-day time limitation within which to take action on a notice ofintention; but all notices of intention filed before July 1, 1977, shall be acknowledged as receivedwithin 30 days of receipt and action shall be commenced by the division within 12 months fromthe date of receipt.
(5) This act and the rules and regulations promulgated under it shall be fully effective forall operators and mining operations active on the effective date of this act or commenced orreactivated on and after July 1, 1977.
Amended by Chapter 20, 1995 General Session