§ 40-13-401 — Permits required.

(1) A person may not engage in brine mining operations in the state without a permit.
(2) A person may only transfer a permit to another person with permission of the division.
(3) The division may issue a permit:
(3)(a) authorizing construction, operation, maintenance, and cessation of processing and refining facilities and brine wells; and
(3)(b) approving, as part of that permit, post-cessation reclamation of the site.
(4) As a condition for approval of a permit, the owner and operator shall furnish surety in an amount determined by the division to cover reclamation costs for the facility and any associated brine wells.
(5) Approval of a permit is conditioned upon compliance with the laws, rules, and orders of the board.
(6) The board may order the closure of a facility and any associated brine wells:
(6)(a) if adequate surety is not posted;
(6)(b) if a violation of the laws, rules, and orders of the board exists and is not abated; or
(6)(c) for a significant violation of federal or state law not described in Subsection (6)(b) or substantial cause related to a natural disaster or imminent property destruction.

Legislative History

Enacted by Chapter 152, 2025 General Session