Title 45 — Title 45 — Mines and Mining

2006.

2006.

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…

The Secretary of the Board may, upon the recommendation of at least two (2) other members of the Board, issue a temporary permit to an applicant for a certificate for mine foreman or shot firer. Said temporary permit shall be valid only until the next meeting of the Board or not …

mines - Reports - Recommendations. It shall be the duty of the Department of Mines to enter into and examine thoroughly each and every active strip or surface mine in the state four to six times annually and in response to compliance concerns to see that the provisions of this ac…

The operator shall employ a certified strip pit mine foreman for every mine except those mines in which no more than three (3) persons including the operator are employed, in which case one (1) man must have at least the status of a certified shot firer. The mine foreman shall ha…

The mine foreman shall keep a careful watch over all operations with the utmost regard for the safety of all employees. His responsibility includes the use, storage and handling of explosives, condition of all equipment used, condition of roads in and out of the pits, drainage, r…

A. The following rules and procedures shall be complied with for proper ground control: 1. Practices and standards acceptable to the Chief Mine Inspector for the safe control of surface mine walls including the overall slope of the mine wall shall be established and followed by t…

A. Rules and procedures for storage of explosives shall be as follows: 1. Detonators and other cap-sensitive high explosives shall be stored in magazines provided for that purpose. Blasting agents may be stored in van-type trailers, provided they are well-ventilated, kept clean a…

The following rules and procedures shall be complied with when dealing with drilling for blasting: 1. Equipment shall be inspected each shift by a certified person designated by the operator. Equipment defects affecting safety shall be reported immediately; 2. Equipment defects a…

The following rules and procedures shall be complied with when loading, hauling or dumping: 1. Equipment shall be inspected each shift by a qualified person designated by the operator. Equipment defects affecting safety shall be reported immediately; 2. Equipment defects affectin…

The following rules and procedures shall be complied with in dealing with travelways: 1. Safe means of access shall be provided and maintained to all working places; 2. Crossovers, elevated walkways, elevated ramps and stairways shall be of substantial construction, provided with…

The following rules and procedures shall be complied with in dealing with electricity: 1. Circuits shall be protected against excessive overloads by fuses or circuit breakers of the correct type and capacity; 2. Powerlines and telephone circuits shall be protected against short c…

The following rules and procedures shall be complied with in dealing with the use of equipment: 1. Gears, sprockets, chains, drive, head, tail and take-up pulleys, flywheels, couplings, shafts, saw blades, fan inlets and similar exposed moving machine parts which may cause injury…

The following rules and procedures shall be complied with in dealing with personal protection: 1. Adequate first-aid materials, including stretchers and blankets, shall be provided at places convenient to all working areas. Water or neutralizing agents shall be available where co…

The following rules and procedures shall be complied with in dealing with augering: 1. Planning: before augering is done, advance planning shall be made to insure that no hazards shall be created affecting active underground workings. Auger mine workings and holes drilled shall b…

The following general rules and procedures shall be complied with: 1. Each place of work shall be visited by a certified person at the beginning of, and at least once during, each shift and more frequently as is necessary to insure that work is being done in a safe manner; 2. No …

forms. A. All operators of coal mining operations shall pay to the Department of Mines a fee of seven and one-half cents ($0.075) per ton of coal produced. B. All operators of noncoal mining operations shall pay to the Department of Mines a fee of one and one-fourth cents ($0.012…

A. Any operator who shall fail or refuse to file such quarterly report and pay his fees within the time and in the manner prescribed by law shall be deemed delinquent and a penalty of ten percent (10%) shall be added to the amount of fees actually due for said period. B. The Chie…

Determination of fees - Penalty. If any operator shall fail to make reports at the time and in the manner prescribed, the Chief Mine Inspector shall in such case, upon such information as he may possess or obtain, ascertain the amount of coal or mineral mined, and shall thereupon…

Fees which are due and unpaid shall be a first and perpetual lien upon all of the property of the operator against whom the fees are assessed, subject to any tax liens imposed by the state. The liens shall be perfected by the filing and recording of a notice of lien with the coun…

All delinquent fees imposed by this act shall constitute a debt due to the state and may be collected by action brought by the Attorney General in the name of the state against the delinquent debtor in any court of competent jurisdiction. Laws 1979, c. 74, § 5, eff. July 1, 1979.

Default in payment as ground for injunctive relief. Payment of the fee levied by this act shall be a condition precedent to the engaging or continuing to engage in coal or mineral mining within this state, and default in the payment of fees as herein provided shall constitute cau…

Any person who willfully obstructs or hinders the Chief Mine Inspector or other public officer or employee from collecting the fee prescribed in this act, or who makes any false or fraudulent report or return thereof with intent to defraud the state, or to evade the payment of th…

There is hereby created in the State Treasury a revolving fund for the Department of Mines to be designated the Department of Mines Revolving Fund. Expenditures from the fund shall be made for any lawful purpose of the Department of Mines. The revolving fund shall be administered…

There is hereby created in the State Treasury a revolving fund for the Oklahoma Miner Training Institute to be designated the "Oklahoma Miner Training Institute Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all …

coal. All entities providing electric power for sale to the consumer in Oklahoma and generating said power from coal-fired plants located in Oklahoma shall burn a mixture of coal that contains a minimum of ten percent (10%) Oklahoma mined coal, as calculated on a BTU (British The…

contracts prohibited. The cost to the entity shall not increase the cost to the consumer or exceed the energy cost of existing long-term contracts for out-of-state coal preference including preference given Oklahoma vendors as provided in Section 85.32 of Title 74 of the Oklahoma…

generating facilities and kiln dust generated by cement-producing entities - Solid waste permit exemption. A. All fly ash, bottom ash or any other such material produced by coal combustion, power-generating facilities shall be exempt from all solid waste permitting requirements p…

locations overlying sensitive sole source groundwater basins or subbasins. A. For purposes of this section, a "subject mine" shall mean a mine, as defined in paragraph 2 of Section 723 of Title 45 of the Oklahoma Statutes, proposed for a location overlying a sensitive sole source…