Title 45, Title 45 — Mines and Mining

A. The operator shall establish on the regraded areas and all other lands affected, a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in e…

The operator shall place all excess spoil material resulting from coal surface mining and reclamation activities in such a manner that: 1. Spoil is transported and placed in a controlled manner in position for concurrent compaction and in such a way to assure mass stability and t…

The operator shall also fulfill the following performance standards: 1. Conduct surface coal mining operations so as to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future through surface coal mining can …

Exemptions. The following performance standards shall be applicable to steep slope surface coal mining and shall be in addition to those general performance standards required by this act. These provisions shall not apply to those situations in which an operator is mining on flat…

Postmining land use as condition for granting permit. A. Where a surface coal mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge or hill by removing all of the overburden and creating a level plateau or a gently rolli…

If the area proposed to be mined contains prime farmland, the Department shall, after consultation with the United States Secretary of Agriculture, and pursuant to regulations issued by the United States Secretary of the Interior with the concurrence of the United States Secretar…

Each permit issued relating to underground coal mining shall require the operator to: 1. Adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible. The operator shall maximize min…

In order to protect the stability of the land, the Department shall suspend underground coal mining under urbanized areas, cities, towns and communities and adjacent to industrial or commercial buildings, major impoundments or permanent streams if it finds imminent danger to inha…

Modifications. The provisions of this act relating to permits, bonds, inspections and enforcement, public review, and administrative and judicial review shall be applicable to surface operations and surface impacts incident to an underground coal mine with such modifications to t…

A copy of all current permits, licenses, approved plans or other authorizations to operate the mine shall be available for inspection at or near the mine site. Laws 1978, c. 10, § 21, emerg. eff. Feb. 2, 1978.

A. The Department shall require any permittee to establish and maintain appropriate records, make monthly reports to the Department, install, use and maintain any necessary monitoring equipment or methods, evaluate results in accordance with such methods, at such locations, inter…

inspection of records, etc. A. The representatives of the Department may enter upon the lands of the operator at all times deemed reasonable and necessary by the Department without advance notice and upon presentation of appropriate credentials for the purpose of inspection, to d…

No employee of the Department of Mines or any other state employee performing any function or duty under this act shall be directly or indirectly interested in any mining operation, or any contract for purchase of any property or construction or any work for any mining operation.…

Inspection procedure. A. Any person who is or may be adversely affected by a surface mining operation may notify the Chief Mine Inspector or any representative of the Chief Mine Inspector responsible for conducting the inspection, in writing, of any violation of this act which he…

A. In the enforcement of a state program pursuant to this act any operator who violates any permit condition or who violates any other provision of this act may be assessed a civil penalty by the Department except that if such violation leads to the issuance of a cessation order …

The permittee may file a request with the Department for the release of all or part of a performance bond or deposit. Within thirty (30) days after any application for bond or deposit release has been filed with the Department, the operator shall submit a copy of an advertisement…

evaluation of reclamation work. Upon receipt of the notification and request, the Department shall within thirty (30) days conduct an inspection and evaluation of the reclamation work involved. Such evaluation shall consider, among other things, the degree of difficulty to comple…

release - Disapproval of application - Protection of affected area. A. The Department may release in whole or in part the bond or deposit if the Department is satisfied the reclamation covered by the bond or deposit or portion thereof has been accomplished as required by this act…

municipalities - Objections - Hearings - Informal conference - Authority of department. A. When any application for total or partial bond release is filed with the Department, the Department shall notify any municipality in which a surface coal mining operation is located by cert…

A. Except as provided in subsection B of this section, any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this act: 1. Against any governmental instrumentality or agency to the extent permitt…

Whenever the Department has reason to believe that any person is in violation of any requirement of this act or any permit condition required by this act, the Department shall immediately order inspection of the surface coal mining operation at which the alleged violation is occu…

order - Additional obligations on operator. If, on the basis of any inspection, the Department determines that any unacceptable condition or practice exists, or that any permittee is in violation of any requirement of this act or any permit condition required by this act, which c…

orders. If the Department determines that any permittee is in violation of any requirement of this act or any permit condition required by this act, but such violation does not create an imminent danger to the health or safety of the public, or cannot be reasonably expected to ca…

If the Department determines that a pattern of violations of any requirements of this act exists or has existed, and if the Department also finds that such violations are caused by the unwarranted or willful failure of the permittee to comply with any requirements of this act, th…

Notices and orders issued pursuant to Sections 42 through 45 of this act shall set forth with reasonable specificity the nature of the violation and the remedial action required, the period of time established for abatement, and a reasonable description of the portion of the surf…

orders or other orders - Jurisdiction - Relief. A. The Attorney General, upon request of the Department, shall institute proceedings to recover any damages and expense which the Department may have sustained by reason of the default of the operator. Such proceedings shall be brou…

operations - Designation - Criteria. A. The Department shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to which, if any, land areas or this state are unsuitable for all or certain types of surfa…

mining operations - Hearing - Decision - Impact statement. A. Any person having an interest which is or may be adversely affected shall have the right to petition the Department to have an area designated as unsuitable for surface coal mining operations or to have such a designat…

After August 3, 1977, and subject to valid existing rights, no surface coal mining operations except those which existed on August 3, 1977, shall be permitted: 1. Within one hundred (100) feet of the outside right-of-way line of any public road, except where mine access roads or …

The Department shall have the authority to enter into cooperative agreements with the United States Secretary of the Interior to provide for departmental regulation of surface coal mining and reclamation operations on federal lands within Oklahoma. Laws 1979, c. 249, § 51, emerg.…

Every agency, unit, or instrumentality of federal, state or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, which proposes to engage in surface coal mining operations which are subject to the requirement…

termination of notices or orders - Application - Investigation - Hearing - Temporary relief - Suspension or revocation of permit - Costs. A. A permittee issued a notice or order by the Department pursuant to the provisions of this act or any person having an interest which is or …

Any order or other action of the Department or the Chief Mine Inspector shall beappealable when entered, as provided in Sections 318 et seq. of Title 75 of the Oklahoma Statutes. Laws 1979, c. 249, § 54, emerg. eff. June 1, 1979.

Replacement of water supply. A. Nothing in this act shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation. B. The operator of a surface coal mine …

The Department shall adopt and promulgate all necessary rules and regulations including rules and regulations for hearings and appeals, subject to the provisions of this act and the Administrative Procedures Act, for the implementation of this act. Provided, the Department shall …

Reclamation Act of 1977 (P.L. 95-87). If any provisions of this act are required by the Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) and any section, clause or phrase of that Act on which this act is based is declared unconstitutional or invalid by a court havi…

for costs. In compliance with all federal laws, rules and regulations, the Department shall take any such action as it shall deem necessary to make such compliance. The Department shall make every effort to obtain full reimbursement from the Director of the Office of Surface Mini…

In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential or public use (including recreation facilities), the Department with approval by the Secretary of the Interior may authorize departures in i…

The Department is authorized to call upon the expertise of all state agencies in the implementation of this act. All state agencies shall provide any assistance as available on the request of the Department. Added by Laws 1978, c. 10, § 24, emerg. eff. Feb. 2, 1978. Renumbered fr…

During any action under which the Office of Surface Mining, Department of the Interior, assumes responsibility for the inspection and enforcement of surface coal mining and reclamation activities in the State of Oklahoma under the authority granted by 30 U.S.C. 1271, the Departme…

The Secretary of the Board may, upon the recommendation of at least two other members of the Board, issue a temporary permit to an applicant for a certificate for mine foreman, fire boss, shot firer or hoisting engineer. Said temporary permit shall be valid only until next meetin…

The Interstate Mining Compact is hereby entered into by this state with any and all other states legally joining therein in accordance with its terms, in the form substantially as follows: ARTICLE I. FINDING AND PURPOSES (a) The party states find that: 1. Mining and the contribut…

The Governor shall be, ex officio, this state's member of the Interstate Mining Compact as established by Article V of the Compact. Provided, that whenever the Governor shall deem it advisable to do so, he may appoint an alternate to serve in his stead and thereafter such alterna…

Any supplementary agreement entered into pursuant to Article VII of Compact and requiring the expenditure of funds or the assumption of an obligation to expend funds shall not become effective as to this state prior to the making of an appropriation therefor by the Legislature. P…

churches prohibited - Exceptions. It shall be unlawful for any person, firm or corporation, individually or in association with others, to establish, open up, commence or carry on any quarrying operation for stone or stone products wherein blasting is required, or to conduct any …

As used in this act: 1. "Active workings" means any place in a mine where miners are normally required to work or travel; 2. "American table of distances" means the 1971 edition of "The American Table of Distances for Storage of Explosives" published by the Institute of Makers of…

First-aid certificates. It shall be unlawful for any person in the State of Oklahoma to act as superintendent, mine foreman or shot firer without first having obtained a certificate of competency from the State Mining Board as herein provided for. The examination given by the Sta…

Certifications provided for in this act shall be issued under the signature and seal of the State Mining Board; such certificates shall bear the date of issuance, full name, age and years of experience of recipient and shall designate the position for which the recipient is certi…

The Secretary of the Board shall maintain a record of the names, addresses and other pertinent information of all persons to whom certificates are issued. Certificates of competency, when issued as provided for herein, shall entitle the holders thereof to accept and discharge the…

The State Mining Board shall have power to revoke any certificates, by it granted, because of incompetency, intoxication or other sufficient cause, provided that any person against whom charges are made shall have ten (10) days written notice from the Board and shall have opportu…