Section 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, 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.(2)(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.(3)(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 ,§ 3, eff. 5/12/2020.Amended by Chapter 22, 1989 General Session