Okla. Stat. tit. 45, § 45-434 — OK Code / Title 45 / Section 45-434
Orders of Mining Inspector - Review
Status: in_force

Any order made by the Mining Inspector under the provisions of

this or any other act pertaining to or affecting any mine or mines

Oklahoma Statutes - Title 45. Mines and Mining Page 27

or the operation thereof, wherein the issuance thereof is within the

discretion of the Mining Inspector and the doing or omitting of the

specific act required in said order is not by the provisions of law

made mandatory upon the operator of said mine or mines, may, upon

application by the operator of said mine or mines so affected, or

any other interested person, to the district court in the judicial

district in which the mine or mines affected may be located, be

reviewed, modified, affirmed, or canceled by said court or the judge

thereof in vacation upon a hearing being had thereon.

Said applicant for a review of said order shall file with the

clerk of said court a petition against said Inspector issuing said

order setting forth in concise language the order complained of and

the objections thereto. Upon the filing of said petition the clerk

of said court shall issue summons against said Mining Inspector as

in other civil actions except that same may be lawfully served and

jurisdiction obtained by service in any county of this state where

said mining inspector may be found. Jurisdiction of the person when

so served and subject matter is hereby conferred on said court.

Upon the district court acquiring jurisdiction, as aforesaid,

said court or the judge thereof in vacation shall proceed as in

other civil cases to hear and determine the controversy presented by

the order complained of, the objections set forth in the petition

and any answer filed thereto by said Mining Inspector. The burden

shall be on the applicant to show the order unreasonable or

unnecessary. Upon a hearing thereof, the said court or the judge

thereof from the evidence introduced shall enter a judgment

affirming, modifying or canceling said order as the reasonableness

of or necessity therefor may appear. Said district court or the

judge thereof, in vacation, may at the time of filing said petition

or subsequent thereto suspend the operation of said order complained

of pending final determination upon a showing of reasonable

necessity therefor and on such terms as said court or judge may

impose. Either party may appeal from the final judgment of said

court or judge to the Supreme Court of this state as in other civil

cases.
Okla. Stat. tit. 45, § 45-514 — OK Code / Title 45 / Section 45-514
Number of persons lowered or hoisted at one time
Status: in_force

No greater number of persons shall be lowered or hoisted at any

one time than may be permitted by the mine inspector of the

district, and notice of the number so allowed to be lowered or

hoisted at any one time shall be kept posted up by the operator or

superintendent in conspicuous places at the top and bottom of the

shaft, and the aforesaid notice shall be signed by the mine

inspector of the district.
Okla. Stat. tit. 45, § 45-424 — OK Code / Title 45 / Section 45-424
Explosives - Storage, transportation, handling and use
Status: in_force

At all said mines in this state, all explosives shall be stored

in a magazine placed far enough away from hoisting derricks to

insure their remaining intact to case of explosion. All explosives

in excess of the amount required for the work of one shift shall be

kept in such magazine. Powder other than the shifts requirements

shall not be stored in underground workings; provided, however,

where such mines are located in densely populated areas, and then

only with the permission of the deputy mine inspector, explosives

may be stored underground in a suitable place selected by the said

inspector, but in no event shall more than three (3) days normal

requirements at the particular mine be so stored underground. No

explosives shall be transported on or in any electric or gasoline

locomotive, or in the car next to these locomotives. Detonators or

caps shall not be stored or transported with other explosives.

Mechanical loading devices, first found to be safe for the miners

who work in said mine by the assistant mine inspector, and such

finding is approved by the Chief Mine Inspector, or wood-loading

sticks or tamping bars protected with copper ferrules and copper

spike must be used when loading holes. All blasting caps shall be

crimped onto fuse by regulation crimper. Powder delivered to top of

shaft shall be lowered into ground immediately. Explosives must not

be taken from any mine without the consent of the foreman in charge.

Open lights must not be used in powder magazines or detonator

magazines. Explosives stored in ground must be so stored as not to

Oklahoma Statutes - Title 45. Mines and Mining Page 26

cut off passage of men to shaft in case of explosion occurring. No

employee shall return to a drift, heading, shaft, or tunnel, or

other place where a shot has failed to explode until a period of at

least thirty (30) minutes has elapsed after firing; all failed shots

to be promptly reported to foreman by employees. No employees other

than those employed in shaft sinking shall ride any can, bucket or

hoisting apparatus carrying explosives. No shooting or blasting

shall be done from the time the man shift goes on until the man

shift goes off, except in extreme case for the protection of life.
Okla. Stat. tit. 45, § 45-774 — OK Code / Title 45 / Section 45-774
Civil actions to compel compliance with act - Exceptions
Status: in_force

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 permitted by the Eleventh Amendment to the Constitution of

the United States which is alleged to be in violation of the

provisions of this act or of any rule, regulation, order or permit

issued pursuant thereto, or against any other person who is alleged

to be in violation of any rule, regulation, order or permit issued

pursuant to this act; or

Oklahoma Statutes - Title 45. Mines and Mining Page 109

2. Against the Department to the extent permitted by the

Eleventh Amendment to the Constitution of the United States where

there is alleged a failure of the Department to perform any act or

duty under this act which is not discretionary with the Department.

B. No action may be commenced:

1. Under paragraph 1 of subsection A of this section:

a. prior to sixty (60) days after the plaintiff has

given notice in writing of the violation to the Department, and to

any alleged violator, or

b. if the Department has commenced and is

diligently prosecuting a civil action in a court of this state to

require compliance with the provisions of this act, or any rule,

regulation, order or permit issued pursuant to this act, but in any

such action in a court of this state any person may intervene as a

matter of right; or

2. Under paragraph 2 of subsection A of this section prior to

sixty (60) days after the plaintiff has given notice in writing of

such action to the Department, in such manner as the Department

shall by regulation prescribe, except that such action may be

brought immediately after such notification in the case where the

violation or order complained of constitutes an imminent threat to

the health or safety of the plaintiff or would immediately affect a

legal interest of the plaintiff.

C. Any action respecting a violation of this act or the

regulations thereunder may be brought only in the judicial district

in which the surface coal mining operation complained of is located.

In such action under this section, the Department, if not a party,

may intervene as a matter of right.

D. The court, in issuing any final order in any action brought

pursuant to subsection A of this section, may award costs of

litigation, including attorney and expert witness fees, to any

party, whenever the court determines such award is appropriate. The

court may, if a temporary restraining order or preliminary

injunction is sought, require the filing of a bond or equivalent

security.

E. Nothing in this section shall restrict any right which any

person, or class of persons, may have under any statute or common

law to seek enforcement of any of the provisions of this act and the

regulations thereunder, or to seek any other relief including relief

against the Department.

F. Any person who is injured in his person or property through

the violation by any operator of any rule, regulation, order or

permit issued pursuant to this act may bring an action for damages,

including reasonable attorney and expert witness fees, only in the

judicial district in which the surface coal mining operation

complained of is located. Nothing in this subsection shall affect

Oklahoma Statutes - Title 45. Mines and Mining Page 110

the rights established by or limits imposed under Oklahoma Workers'

Compensation laws.
Okla. Stat. tit. 45, § 45-517 — OK Code / Title 45 / Section 45-517
Number working in same air current - Fans and furnaces - Stoppings between intake and
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 2

Oklahoma Statutes - Title 45. Mines and Mining Page 3Stoppings between intake and return airways.

Not more than forty-five persons shall be permitted to work in

the same air current and mines where ten or more persons are

employed shall be provided with a fan or other artificial means to

Oklahoma Statutes - Title 45. Mines and Mining Page 36

produce the ventilation, but no furnace shall be used where mines

generate gases in dangerous guantities, and all stoppings between

main intake and return airways hereafter built or replaced shall be

substantially built of suitable masonry, or concrete which shall be

approved by the inspector of the district.
Okla. Stat. tit. 45, § 45-48 — OK Code / Title 45 / Section 45-48
Borrow pits - Jurisdiction
Status: in_force

The Oklahoma Department of Mines shall have jurisdiction over

only those borrow pits which are located on property permitted as

commercial mining operations pursuant to Title 45 of the Oklahoma

Statutes.
Okla. Stat. tit. 45, § 45-723 — OK Code / Title 45 / Section 45-723
Definitions
Status: in_force

Whenever used or referred to in Sections 722 through 738 of this

title, unless a different meaning clearly appears from the context:

1. "Overburden" means all of the earth and other materials

which lie above natural deposits of minerals, and also means such

earth and other materials disturbed from their natural state in the

process of surface mining;

2. "Mine" means an underground or surface excavation and

development with or without shafts, slopes, drifts or tunnels for

the extraction of minerals, with hoisting or haulage equipment and

appliances for the extraction thereof, and shall embrace any and all

of the land or property of the plant, and the surface and

Oklahoma Statutes - Title 45. Mines and Mining Page 45

underground, that contribute directly or indirectly to the mining

properties, concentration or handling of minerals;

3. "Mining" means the extraction of minerals from natural

deposits by any method or process;

4. "Minerals" means asphalt, clay, copper, granite, gravel,

gypsum, lead, marble, salt, sand, shale, stone, tripoli, volcanic

ash and zinc, or any other substance commonly recognized as a

mineral, and includes ores or rock containing any such substances,

but excludes oil, gas and any other mineral found naturally in a

liquid or gaseous state;

5. "Underground mining" means those mining operations carried

out beneath the surface by means of shafts, slopes, tunnels or other

openings leading to the mineral being mined and the extraction of

the mineral through such shafts, slopes, tunnels or their openings;

6. "Surface mining" means those mining operations carried out

on the surface, including strip mining, auger mining, quarrying,

dredging, pumping, or the use of hydraulic methods.

Surface mining shall not include excavation or removal of shale,

sand, gravel, clay, rock or other materials in remote areas by an

owner or holder of a possessory interest in land for the primary

purpose of construction or maintenance of access roads to or on such

landowner's property. Surface mining shall not include excavations

or grading conducted for forming, on-site road construction or other

on-site construction, or the extraction of minerals other than

anthracite and bituminous coal by a landowner for noncommercial use

from land owned or leased by the landowner; nor mining for

commercial purposes conducted under a Limited Use Permit issued by

the Department; nor the extraction of sand, gravel, rock, stone,

earth or fill from borrow pits for highway construction purposes, so

long as such work is performed under a bond, contract and

specifications which substantially provide for and require

reclamation of the area affected; nor to the handling, processing or

storage of slag on the premises of a manufacturer as a part of the

manufacturing process. Surface mining shall not include the surface

mining of coal or the surface effects of underground coal mining;

7. "Strip mining" means those mining operations carried out by

removing the overburden lying above natural deposits of minerals,

and mining directly from such natural deposits thereby exposed, but

excludes auger mining, quarrying, dredging, pumping or the use of

hydraulic methods;

8. "Reclamation" means conditioning affected land to make it

suitable for any uses or purposes consistent with those enumerated

in Section 722 of this title, and to avoid, minimize or correct

adverse environmental effects of mining operations;

9. "Box cut" means the first open cut in strip mining which

results in the placing of overburden on unmined land adjacent to the

initial pit and outside the area to be mined;

Oklahoma Statutes - Title 45. Mines and Mining Page 46

10. "Consolidated material" means material of sufficient

hardness or ability to resist weathering and to inhibit erosion or

sloughing;

11. "Operator" means any person, partnership, firm or

corporation engaged in and controlling a mining operation;

12. "Pit" means a tract of land from which overburden or

minerals have been or are being removed in the process of surface

mining;

13. "Affected land" means the area of land from which

overburden shall have been removed, or upon which overburden or

refuse has been deposited, or both;

14. "Refuse" means all waste material directly connected with

the production, cleaning or preparation of minerals which have been

mined by either underground or surface mining method;

15. "Ridge" means a lengthened elevation of overburden created

in the surface mining process;

16. "Peak" means a projecting point of overburden created in

the surface mining process;

17. "Department" means the office of the Chief Mine Inspector,

herein called the Department of Mines and Mining, or such

department, bureau or commission as may lawfully succeed to the

powers and duties of such department;

18. "Director" means the Chief Mine Inspector of the State of

Oklahoma or such officer, bureau or commission as may lawfully

succeed to the powers and duties of such Chief Mine Inspector;

19. "Borrow pit" means the one-time or intermittent extraction

of sand, gravel, rock, stone, earth or fill in its natural state,

not being mechanically altered to affect its size for government-

financed construction purposes. Such work shall be performed under

a bond, contract and specifications which substantially provide for

and require reclamation of the affected area; and

20. “Dimension stone quarry” means a site where natural stone

used as building material is excavated and the stones are selected,

trimmed, or cut to specified shapes or sizes.
Okla. Stat. tit. 45, § 45-852 — OK Code / Title 45 / Section 45-852
Governor as ex officio member
Status: in_force

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 alternate shall serve at the pleasure of

the Governor. An executed counterpart of each letter of appointment

by the Governor shall be filed with the Secretary of the Commission.
Okla. Stat. tit. 45, § 45-791 — OK Code / Title 45 / Section 45-791
Federal rules and regulations - Compliance - Reimbursement
Status: in_force

for costs.

Oklahoma Statutes - Title 45. Mines and Mining Page 118

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

Mining and Reclamation for the costs of performing its duties under

this act.
Okla. Stat. tit. 45, § 45-416 — OK Code / Title 45 / Section 45-416
Health of employees - Underground excavations -
Status: in_force

Ventilation.

The Mine Inspector is hereby authorized, empowered, and directed

to thoroughly inspect all underground excavations in all said mines

as often as he may deem proper, from and after the passage and

approval of this act, and ascertain the condition of such

underground excavations, and, if after such examination, the

Oklahoma Statutes - Title 45. Mines and Mining Page 22

Inspector shall find in any such mine or mines that the health of

the employees is impaired by reason of there not being sufficient

circulation of air or ventilation for such employees, it shall be

the duty of such Inspector to immediately notify the operator of

such mine or mines, in writing, specifying the underground

excavations so found to be unhealthful, and direct such operator of

such mine to, within fifteen (15) days after receiving such written

notice, commence to drill a sufficient number of holes to such

underground excavation, or to sink a shaft to connect with such

underground excavation, or to make drift connection with a

contiguous mine, as may furnish a sufficient ventilation for such

mine or mines and to prosecute the work of correcting such defect in

ventilation, with all due diligence until completed. And the

Inspector shall have the power where and when the condition as

aforesaid is such as to be injurious to the health of said

employees, if he deems it for the best interest of the employees

engaged in working in such underground excavations, so affected by

such notice, to require all work and operations in such mine or

mines to cease until such defect in ventilation shall have been

corrected, or until further notified by such Inspector. During the

process of shaft sinking fresh air shall be supplied from the

surface. During the process of drifting or development for

ventilation, forced ventilation shall be provided and sufficient

ventilation shall be supplied in all dead ends. Where operations

are carried on at a shaft not connected with any mine or shaft,

ventilation shall be supplied from the surface by means of a fan

through a conductor down the shaft or down one or more drill holes

connected with the underground workings.
Okla. Stat. tit. 45, § 45-442 — OK Code / Title 45 / Section 45-442
Use of engines not meeting standards prohibited
Status: in_force

It shall be unlawful to use or to order or permit the use of any

diesel engine in any lead, zinc or other metal mine in this state at

any time which is not equipped with detoxification equipment and

other safety devices meeting the standards set forth in the rules

and recommendations promulgated by the U.S. Bureau of Mines, or when

such detoxification equipment and other safety devices on the engine

is defective, or not in perfect working order.
Okla. Stat. tit. 45, § 45-738 — OK Code / Title 45 / Section 45-738
Judicial review
Status: in_force

All final decisions and orders of the Department shall be

subject to judicial review of the acts of administrative agencies.
Okla. Stat. tit. 45, § 45-508 — OK Code / Title 45 / Section 45-508
Shaft not more than seventy-five feet deep
Status: in_force

When the opening or outlet other than the main opening is a

shaft and does not exceed seventy-five (75) feet in vertical depth,

and is used by the employees for the purpose of ingress and egress

from the mine, it shall be kept in a safe and available condition

and free from steam and dangerous gases and all other obstructions,

and shall be fitted with safe and convenient stairs, with steps of

an average tread of ten (10) inches, and ten (10) inches raise, not

less than two (2) feet wide and not to exceed an angle of forty-five

(45]lsco]lsc) degrees descent, with landings ofnot less than

eighteen (18) inches wide and four (4) feet long, at easy and

convenient distances, and water coming from the surface or out of

the strata in the shaft shall be conducted away by rings, cases or

otherwise, and be prevented from falling upon persons who are

ascending or descending the stairway of the shaft.
Okla. Stat. tit. 45, § 45-756 — OK Code / Title 45 / Section 45-756
Performance standards for removal of entire coal seam -
Status: in_force

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 rolling contour with no highwalls remaining and

which will be capable of supporting postmining uses in accordance

with the requirements of this section, such operation shall require

that:

1. The toe of the lowest coal seam and the overburden

associated with it are retained in place as a barrier to slides and

erosion;

2. The reclaimed area is stable;

3. The resulting plateau or rolling contour drains inward from

the outslopes except at specified points;

4. No damage will be done to natural watercourses;

5. Spoil will be placed on the mountaintop bench as is

necessary to achieve the planned postmining land use; and

6. Stability of the spoil retained on the mountaintop is

insured and meets the other requirements of this act.

Such operation shall not be required to restore the original

contour as provided in Section 747 of this title.

B. In cases where an industrial, commercial, agricultural,

residential or public facility, including recreational facilities,

use is proposed as the postmining use of the affected land, the

Department may grant a permit for a surface mining operation of the

nature described in this section if:

Oklahoma Statutes - Title 45. Mines and Mining Page 97

1. The proposed postmining land use is deemed to constitute an

equal or better economic or public use of the affected land, as

compared with premining use after consultation with the appropriate

land use planning agencies;

2. The applicant presents specific plans for the proposed

postmining land use and appropriate assurances that such use will

be:

a. compatible with adjacent land uses,

b. obtainable according to data regarding expected need

and market,

c. assured of investment in necessary public facilities,

d. supported by commitments from public agencies where

appropriate,

e. practicable with respect to private financial

capability for completion of the proposed use,

f. planned pursuant to a schedule attached to the

reclamation plan so as to integrate the mining operation and

reclamation with the postmining land use, and

g. designed by a registered engineer in conformance with

professional standards established to assure the stability,

drainage, and configuration necessary for the intended use of the

site;

3. The proposed use would be consistent with adjacent land

uses, and existing state and local land use plans and programs;

4. The Department provides the governing body of the unit of

general-purpose government in which the land is located and any

state or federal agency which the Department, in its discretion,

determines to have an interest in the proposed use, an opportunity

of not more than sixty (60) days to review and comment on the

proposed use;

5. All other requirements of this act will be met.
Okla. Stat. tit. 45, § 45-767 — OK Code / Title 45 / Section 45-767
Conflicts of interest - Violations
Status: in_force

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. Any person who knowingly violates the

provision of this section shall be guilty of a misdemeanor and, upon

conviction shall be punished by incarceration for a period not to

exceed one (1) year or a fine not to exceed Five Thousand Dollars

($5,000.00), or both.

Oklahoma Statutes - Title 45. Mines and Mining Page 103
Okla. Stat. tit. 45, § 45-740.7 — OK Code / Title 45 / Section 45-740.7
Emergencies
Status: in_force

A. The Commission is authorized to spend monies from the State

Abandoned Mine Reclamation Fund for the emergency restoration,

reclamation, abatement, control or prevention of adverse effects of

coal mining practices on eligible land if it finds that:

1. An emergency exists constituting a danger to the public

health, safety or general welfare; and

2. No other person or agency will act expeditiously to restore,

reclaim, abate, control or prevent the adverse effects of coal

mining practices.

B. The Commission may enter on any land where an emergency

exists and any other necessary access land to restore, reclaim,

abate, control or prevent the adverse effects of coal mining

practices and to do all things necessary or expedient to protect the

public health, safety or general welfare. This entry shall not be

construed as an act of condemnation of property nor of trespass. The

monies expended for this work and the benefits accruing to the

premises entered on shall be chargeable against the land and shall

mitigate or offset any claim in or any action brought by any owner

of any interest in the premises for any damages by virtue of the

entry; provided, however, that this provision is not intended to

create new rights of action or eliminate existing immunities.
Okla. Stat. tit. 45, § 45-728 — OK Code / Title 45 / Section 45-728
Bond - Cash deposit
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 54

A. Any bond required to be filed with the Department by the

operator shall be in such form as the Director prescribes, payable

to the State of Oklahoma, conditioned that the operator shall

faithfully perform all requirements of the Mining Lands Reclamation

Act and comply with all rules of the Department made in accordance

with the provisions of the Mining Lands Reclamation Act. Such bond

shall be signed by the operator as principal, and by a good and

sufficient corporate surety, licensed to do business in the state,

as surety.

B. The penal sum of such bond shall be determined by the

Department and shall depend on the performance requirements of the

approved permit. The minimum bond shall be Two Thousand Dollars

($2,000.00).

In determining the amount of the bond, the Department shall take

into consideration the character and nature of the overburden, the

future suitable use of the land involved and the cost of reclamation

to be required.

C. A bond shall not be cancelable by the surety except after

not less than ninety (90) days' prior written notice to the

Department. Bonds may be continued in effect from year to year, and

a new bond need not be provided for each permit application. A

single bond may cover all of the operator's mining operations in the

state. The penalty of the bond or amount of cash and securities, as

provided in subsection E of this section, shall be increased or

reduced from time to time as provided in the Mining Lands

Reclamation Act.

D. If the license to do business in the state of any surety

upon a bond filed with the Department pursuant to the Mining Lands

Reclamation Act shall be suspended or revoked, the operator, within

thirty (30) days after receiving notice from the Department, shall

substitute for such surety a good and sufficient corporate surety

licensed to do business in the state. Upon failure of the operator

to make substitution of surety as required, the Department shall

have the right to suspend the permit of the operator to conduct

operations upon the land described in such permit until such

substitution has been made.

E. In lieu of such bond, the operator may deposit cash

government securities, Certificates of Deposit or an irrevocable

letter of credit with the Department in an amount equal to that of

the required bond on conditions as prescribed by the Department. In

the discretion of the Department surety bond requirements may also

be fulfilled by using existing reclaimed areas, in excess of

cumulative permit or mined acres, that have been completed under the

jurisdiction of the Mining Lands Reclamation Act and approved by the

Department.

F. Such bond or security shall remain in effect until the mined

acres have been reclaimed, approved and released by the Department.

Oklahoma Statutes - Title 45. Mines and Mining Page 55

If the Department determines that grading has been satisfactorily

completed pursuant to the Mining Lands Reclamation Act, the

Department may release up to eighty percent (80%) of the penal sum

of the bond filed for each acre of land graded. The remaining

portion of the bond shall continue in effect until the completion of

the requirements pursuant to Section 725 of this title.
Okla. Stat. tit. 45, § 45-437 — OK Code / Title 45 / Section 45-437
Interference with protective covering devices - Penalties
Status: in_force

Any person, firm or corporation found guilty of destroying,

removing, or damaging or otherwise interfering with the fencing, or

other protective devices approved by the Chief Mine Inspector, as

provided in Section 1 hereof, shall be fined not less than Twenty-

five Dollars ($25.00) or more than Five Hundred Dollars ($500.00).
Okla. Stat. tit. 45, § 45-745.17 — OK Code / Title 45 / Section 45-745.17
Copy of application to be filed with county recorder or appropriate public office -
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 4appropriate public office - Liability insurance - Blasting plans.

A. Each applicant for a surface coal mining and reclamation

permit shall file a copy of his application for public inspection

with the recorder at the courthouse of the county or an appropriate

public office approved by the Department where the mining is

proposed to occur, except for that information pertaining to the

coal seam itself.

B. Each applicant for a permit shall be required to submit to

the Department as part of the permit application a certificate

issued by an insurance company authorized to do business in the

United States certifying that the applicant has a public liability

insurance policy in force for the surface mining and reclamation

operations for which such permit is sought, or evidence that the

applicant has satisfied other state or federal self-insurance

requirements. Such policy shall provide for personal injury and

property damage protection in an amount adequate to compensate any

persons damaged as a result of surface coal mining and reclamation

operations including use of explosives and entitled to compensation

under the applicable provisions of state law. Such policy shall be

maintained in full force and effect during the terms of the permit

or any renewal, including the length of all reclamation operations.

C. Each applicant for a surface coal mining and reclamation

permit shall submit to the Department as part of the permit

Oklahoma Statutes - Title 45. Mines and Mining Page 84

application a blasting plan which shall outline the procedures and

standards by which the operator will meet the provisions of law.
Okla. Stat. tit. 45, § 45-745.20 — OK Code / Title 45 / Section 45-745.20
Disposal of wastes
Status: in_force

The operator shall, with respect to surface disposal of mine

wastes, tailings, coal processing wastes, and other wastes in areas

other than the mine working or excavations, stabilize all waste

Oklahoma Statutes - Title 45. Mines and Mining Page 85

piles in designated areas through construction in compacted layers

including the use of incombustible and impervious materials if

necessary. He shall also assure that the final contour of the waste

pile will be compatible with natural surroundings and that the site

can and will be stabilized and revegetated according to the

provisions of this act.
Okla. Stat. tit. 45, § 45-789 — OK Code / Title 45 / Section 45-789
Rules and regulations
Status: in_force

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 coordinate its regulations with the

Office of Surface Mining to ensure consistency in regulatory actions

and that state interpretations of the law and regulations are not

more restrictive than those of the Office of Surface Mining.
Okla. Stat. tit. 45, § 45-37 — OK Code / Title 45 / Section 45-37
Withdrawal of person's from dangerous mine - Violations -
Status: in_force

Penalties.

The Chief Mine Inspector or assistant mine inspector is

authorized to temporarily withdraw all persons from a dangerous mine

or portion thereof. Any owner, operator, lessee or agent who

impedes, hinders, or obstructs, either directly or indirectly, the

Chief Mine Inspector or assistant mine inspector from carrying out

duties required by this section, upon conviction, shall be guilty of

a misdemeanor and shall be fined not more than Two Thousand Five

Hundred Dollars ($2,500.00) or imprisoned in the county jail for not

more than thirty (30) days, or both.

Any mine employee who neglects to comply with an order of the

Chief Mine Inspector or assistant mine inspector temporarily

withdrawing persons from the mine, upon conviction, shall be guilty

of a misdemeanor and shall be fined not more than One Thousand

Dollars ($1,000.00) or imprisoned in the county jail not more than

thirty (30) days, or both.
Okla. Stat. tit. 45, § 45-781 — OK Code / Title 45 / Section 45-781
Land unsuitable for certain types of surface coal mining
Status: in_force

operations - Designation - Criteria.

A. The Department shall establish a planning process enabling

objective decisions based upon competent and scientifically sound

Oklahoma Statutes - Title 45. Mines and Mining Page 113

data and information as to which, if any, land areas or this state

are unsuitable for all or certain types of surface coal mining

operations pursuant to the standards set forth in this section but

such designation shall not prevent the mineral exploration pursuant

to this act of any area so designated.

B. Upon petition, the Department shall designate an area as

unsuitable for all or certain types of surface coal mining

operations if the Department determines that reclamation pursuant to

the requirements of this act is not technologically and economically

feasible.

C. Upon petition, a surface area may be designated unsuitable

for certain types of surface coal mining operations if such

operations will:

1. Be incompatible with existing state or local land use plans

or programs;

2. Affect fragile or historic lands in which such operations

could result in significant damage to important historic, cultural,

scientific and esthetic values and natural systems;

3. Affect renewable resource lands in which such operations

could result in a substantial loss or reduction of long-range

productivity of water supply or of food or fiber products, and such

lands to include aquifers and aquifer recharge areas; or

4. Affect natural hazard lands in which such operations could

substantially endanger life and property, such lands to include

areas subject to frequent flooding and areas of unstable geology.

D. Determinations of the unsuitability of land for surface coal

mining, as provided for in this section, shall be integrated as

closely as possible with present and future land use planning and

regulation processes at the federal, state and local levels.

E. The requirements of this section shall not apply to lands on

which surface coal mining operations were being conducted on August

3, 1977, or under a permit issued pursuant to this act or the Coal

Reclamation Act of 1978, or where substantial legal and financial

commitments in such operation were in existence prior to January 4,

1977.
Okla. Stat. tit. 45, § 45-740.3 — OK Code / Title 45 / Section 45-740.3
Powers and duties of Commission
Status: in_force

To accomplish the purposes of this act, the Oklahoma

Conservation Commission, hereinafter cited as the "Commission",

shall have the authority:

1. To adopt, amend and enforce rules pertaining to reclamation

operations consistent with the general intent and purposes of this

act;

2. To hire employees, adopt standards for employment of those

persons and assist in carrying out the requirements of this act;

3. To conduct, encourage, request and participate in studies,

surveys, investigations, research, experiments, training and

demonstrations by contract, grant or otherwise;

4. To accept, receive and administer grants, gifts, loans or

other funds made available from any source for the purposes of this

act; and

5. To perform any other duties and acts necessary to allow the

state to participate in the abandoned mines and mined land program

provided in Subchapter IV of the federal act.
Okla. Stat. tit. 45, § 45-745.6 — OK Code / Title 45 / Section 45-745.6
Performance bond
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 76

A. After a surface coal mining and reclamation permit

application has been approved but before such a permit is issued,

the applicant shall file with the Department, on a form prescribed

and furnished by the Department, a bond for performance payable to

the state, and conditional upon faithful performance of all the

requirements of law and the permit. Such bond shall be signed by

the operator as principal, and by a good and sufficient corporate

surety licensed to do business in the state. The bond shall cover

that area of land within the permit area upon which the operator

will initiate and conduct surface coal mining and reclamation

operations within the initial term of the permit. Bonding will

occur in one-year increments for the life of the permit and shall

cover that segment of the permit area to be affected during the

increment. As one-year increments of surface coal mining and

reclamation operations are to be initiated and conducted within the

permit area, the permittee shall file with the Department an

additional bond or bonds to cover such increments in accordance with

this section.

B. The amount of the bond required for each bonded area shall

depend upon the reclamation requirements of the approved permit, and

shall reflect the probable difficulty of reclamation and giving

consideration to such factors as topography, geology of the site,

hydrology, and revegetation potential, and shall be determined by

the Department. The amount of the bond for coal mining shall be

sufficient to assure the completion of the reclamation plan if the

work had to be performed by the Department in the event of

forfeiture, and in no case shall the bond for the entire area under

one permit be less than Ten Thousand Dollars ($10,000.00) unless the

permit area is less than sixty-seven (67) acres, in which case a

minimum bond of fifteen percent (15%) of the total original bond

shall be maintained until completion of the reclamation.

Liability under a surface coal mining bond shall be for the

duration of the surface coal mining and reclamation operation and

for a period coincident with the operator's responsibility for

revegetation requirements. The bond shall be executed by the

operator and a corporate surety licensed to do business in Oklahoma,

except that the operator may elect to deposit cash, negotiable bonds

of the United States Government or of Oklahoma, negotiable

certificates of deposit of any bank organized or transacting

business in the United States, Certificates of Deposit or

irrevocable letters of credit from a bank or lending institution

licensed to do business in the State of Oklahoma. The cash deposit

or market value of such securities shall be equal to or greater than

the amount of the bond required for the bonded area.

C. A bond shall not be cancelable by the surety except after

not less than ninety (90) days' prior written notice to the

Department and the arrangement of a replacement bond suitable to the

Oklahoma Statutes - Title 45. Mines and Mining Page 77

Department. Bonds may be continued in effect from year to year, and

a new bond need not be provided for each permit year. The penalty

of the bond or amount of cash and securities, as provided in

subsection B of this section, shall be increased or reduced from

time to time as affected land acreages are increased or decreased or

when the cost of future reclamation changes.

D. If the license to do business in the state of any surety

upon a bond filed with the Department pursuant to the Coal

Reclamation Act shall be suspended or revoked, the operator, within

thirty (30) days after receiving notice thereof from the Department,

shall substitute for such surety a good and sufficient corporate

surety licensed to do business in the state. Upon failure of the

operator to make substitution of surety as provided in this section,

the Department shall have the right to suspend the permit of the

operator to conduct operations upon the land described in such

permit until such substitution has been made.

E. The Department may accept the bond of the applicant itself

without separate surety when the applicant demonstrates to the

satisfaction of the Department the existence of a suitable agent to

receive service of process, and a history of financial solvency and

continuous operation sufficient for authorization to self-insure or

bond such amount.

F. Such bond or security shall remain in effect until the mined

acres have been reclaimed, approved and released by the Department.
Okla. Stat. tit. 45, § 45-6 — OK Code / Title 45 / Section 45-6
Secretary - Record of issue of certificates - Effect of
Status: in_force

certificates - Notice and list of names.

The Secretary of the Oklahoma Mining Commission shall make a

record of the names and addresses 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 duties for which said certificates declare them

qualified.

The Director shall advise the Oklahoma Mining Commission as far

in advance as possible the date and place of an examination to be

held by the Department, and shall, as soon as examination is

completed, furnish the Commission a list of the names of all persons

who took the examination and persons successfully completing said

examination shall be duly notified.
Okla. Stat. tit. 45, § 45-761 — OK Code / Title 45 / Section 45-761
Licenses and permits - Display - Inspection
Status: in_force

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.

Oklahoma Statutes - Title 45. Mines and Mining Page 101
Okla. Stat. tit. 45, § 45-910 — OK Code / Title 45 / Section 45-910
Proper ground control - Rules and procedures
Status: in_force

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

the operator. Such standards shall be consistent with sound

engineering, the nature of the ground and the seam mined, and the

insuring of safe working conditions according to the degree of

slope. Mining methods shall be selected which will provide wall

Oklahoma Statutes - Title 45. Mines and Mining Page 133

stability; including benching if necessary, to obtain a safe overall

slope;

2. All loose and hazardous material shall be stripped for a

safe distance from the edge of the highwall;

3. The width and height of benches shall be governed by the

type of equipment to be used and the operation to be performed;

4. Safe means of scaling walls shall be provided. Loose

material or trees on exposed wall areas shall be removed before any

other work is performed in the exposed wall area;

5. Men shall not work under dangerous walls. Hazardous

overhanging walls shall be taken down immediately and other unsafe

ground conditions shall be corrected promptly or the areas shall be

barricaded or posted;

6. When removing rock by hand, men shall approach loose rock

from above and shall scale from a safe location those areas on walls

which must be scaled;

7. The supervisor or a certified person designated by him shall

examine working areas and faces of walls for unsafe conditions at

least at the beginning of each shift, during the shift while men are

working, and after blasting. Any unsafe condition found shall be

corrected before any further work is performed at the immediate area

or face at which the unsafe condition exists;

8. Men shall examine their working places before starting work

and frequently thereafter and any unsafe condition shall be reported

immediately to the supervisor before any other work is performed;

9. Large boulders requiring secondary blasting shall be in a

safe location before they are drilled or broken; and

10. Men shall not be permitted to work between equipment and

the mine wall where the equipment may hinder escape from falls or

slides of the wall, unless special safety precautions are taken in

advance.

B. The following rules and procedures shall be complied with

for proper fire prevention and control:

1. No person shall smoke or use an open flame where flammable

or combustible liquids or greases are stored or in areas or places

where fire or explosion hazards exist;

2. Signs warning against smoking and open flames shall be

posted so they can readily be seen in areas or places where fire or

explosion hazards exist;

3. Areas surrounding flammable-liquid storage tanks and

electric substations and transformers shall be kept free from dry

grass, weeds, underbrush and other combustible materials for at

least twenty-five (25) feet in all directions;

4. Fires used for warming purposes shall be enclosed to prevent

persons from coming in contact with flame or coals which would

ignite clothing. Oily or easily ignited clothing shall not be worn

where ignition hazards are present;

Oklahoma Statutes - Title 45. Mines and Mining Page 134

5. Buildings or rooms in which oil, grease, flammable liquids

or similar flammable materials are stored shall be of fire-resistant

construction and well ventilated. Provisions shall be made to

control spilled flammable liquids;

6. Abandoned electrical circuits shall be de-energized and

isolated so that they cannot become energized inadvertently. If no

further use is intended they shall be removed;

7. Combustible materials, grease, lubricants or flammable

liquids shall not be allowed to accumulate where they can create a

fire hazard;

8. Materials, such as oily waste and rags, which are subject to

spontaneous combustion shall be placed in tightly covered metal

containers until disposed of properly;

9. When flammable solvents are used for cleaning, such solvents

shall be transported in safety cans of not over five-gallon

capacity. When used to clean parts, the containers used shall have

tight-fitting covers. No cleaning may be done with flammable

solvents near a possible source of ignition;

10. Oxygen cylinders shall not be stored near oil or grease;

11. Gauges and regulators used with oxygen or acetylene

cylinders shall be kept clean and free of oil and grease;

12. Valves on oxygen and acetylene tanks shall be kept closed

when they are not in use;

13. Battery charging stations shall be located in well-

ventilated areas and in the clear of other equipment;

14. Internal combustion engines shall be shut off and stopped

before being fueled;

15. Each mine shall have available, or be provided with,

appropriate types of fire-fighting equipment adequate for the size

of the mine;

16. Fire-fighting equipment shall be strategically located,

readily accessible, plainly marked, properly maintained and

inspected periodically with records kept of such inspections;

17. Fire extinguishers shall be:

a. adequate in number and size and of the appropriate type

for each particular fire hazard involved,

b. replaced immediately with full charged extinguishers of

the same capability after any discharge is made from

the extinguishers,

c. tested at least once every twelve (12) months and

maintained according to the manufacturer's

recommendation. Each extinguisher shall bear a tag

showing the date of testing and the name of the person

making the examination for testing, and

d. approved by Underwriter's Laboratories, Inc. or Factory

Mutual Research Corporation;

Oklahoma Statutes - Title 45. Mines and Mining Page 135

18. Appropriate fire extinguishers shall be provided on self-

propelled mobile equipment;

19. Fire extinguishers of the appropriate type and size shall

be an integral part of portable cutting and welding equipment;

20. When welding or cutting near combustible materials,

precautions shall be taken to insure that smoldering metal or sparks

do not result in fire; and

21. Belt conveyors in locations where fire would create a

hazard to personnel shall be provided with safety switches to stop

the drive pulley automatically in the event the belt stalls or there

is excessive slippage.
Okla. Stat. tit. 45, § 45-754.1 — OK Code / Title 45 / Section 45-754.1
Spoil material - Placement
Status: in_force

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 to prevent mass movement;

2. The areas of disposal are within the bonded permit areas and

all organic matter shall be removed immediately prior to spoil

placement;

3. Appropriate surface and internal drainage systems and

diversion ditches are used so as to prevent spoil erosion and

movement;

4. The disposal area does not contain springs, natural water

courses or wet weather seeps unless lateral drains are constructed

from the wet areas to the main underdrains in such a manner that

filtration of the water into the spoil pile will be prevented;

5. If placed on a slope, the spoil is placed upon the most

moderate slope among those upon which, in the judgment of the

Department, the spoil could be placed in compliance with all the

requirements of this act, and shall be placed, where possible, upon,

or above, a natural terrace, bench, or berm, if such placement

provides additional stability and prevents mass movement;

6. Where the toe of the spoil rests on a downslope, a rock toe

buttress, of sufficient size to prevent mass movement, is

constructed;

7. The final configuration is compatible with the natural

drainage pattern and surroundings and suitable for intended uses;

8. Design of the spoil disposal area is certified by a

qualified registered professional engineer in conformance with

professional standards; and

9. All other provisions of this act are met.
Okla. Stat. tit. 45, § 45-725 — OK Code / Title 45 / Section 45-725
Procedure for reclaiming land
Status: in_force

A. All affected land other than lands affected by coal mining

operations shall be reclaimed as provided in this section.

B. The operator shall determine which parts of the affected

land shall be reclaimed for forest, pasture, crop, horticultural,

homesite, recreational, industrial or other use including food,

shelter and ground cover for wildlife.

C. All ridges and peaks of overburden created by surface mining

shall be graded to a rolling topography traversable by machines or

equipment customarily used in connection with the use to be made of

the land after reclamation, but such slopes need not be reduced to

less than the original grade of the area prior to mining, and the

slope of the ridge of overburden resulting from a box cut need not

be reduced to less than twenty-five degrees (25°) from horizontal.

Surface mining operations conducted in the flood plains of streams

and rivers and subject to periodic flooding shall be exempt from the

grading requirements of this section.

D. The operator may construct earth dams to form lakes in pits

resulting from surface mining operations, provided that the

formation of lakes shall not interfere with other mining operations

or damage property of others.

E. The operator shall cover the exposed face of a mineral seam,

where significant concentrations of acid-forming materials are

present, to a depth of not less than three (3) feet with earth that

will support plant life or with a permanent water impoundment.

F. The operator shall grade down the banks of any pits or

depressions created by the removal of sand or gravel by surface

mining to a degree of slope determined by the Department, which

shall give due consideration to the natural topography of the land

affected and adjacent lands, the composition of such banks and the

Oklahoma Statutes - Title 45. Mines and Mining Page 53

most beneficial use of the pits and depressions comprising the

affected land after reclamation. If the pits or depressions are

deeper than ten (10) feet, the operator may elect to bench the

highwall, provided that such benches are not in excess of ten (10)

feet in height.

G. All affected land except that which is to be covered with

water or used for homesites or industrial purposes shall be

revegetated by the planting of seeds, plants, trees, shrubs or other

plantings appropriate to the use to be made of the land as

determined by the operator. No planting of any kind shall be

required on any affected land so long as the chemical and physical

characteristics of the soil of such affected land are toxic,

deficient in plant nutrients or composed of sand, gravel, shale or

stone to such an extent as to seriously inhibit plant growth. The

Department may prescribe by rules and regulations the required

density of such plantings, and may make replanting requirements.

H. Except where prevented by weather conditions, all grading

shall be completed within one (1) year after mining of the affected

land has been completed. Initial seeding or planting shall be made

at the first appropriate time following completion of grading. If

the operator is unable to acquire sufficient planting stock of

desired species from state nurseries, or acquire such species

elsewhere at comparable prices the Department shall grant the

operator an extension of time until planting stock is available to

plant such land as originally planned.

I. In any noncoal mining operation where the type and amount of

material removed precludes the filling of the quarry, the Department

of Mines shall prescribe necessary measures for the protection of

the public and animal life.
Okla. Stat. tit. 45, § 45-772 — OK Code / Title 45 / Section 45-772
Release of performance bond or deposit - Schedule of
Status: in_force

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 according to the following schedule:

1. When the operator completes the backfilling, regrading and

drainage control of a bonded area in accordance with his approved

reclamation plan, the release of sixty percent (60%) of the bond or

collateral for the applicable permit area;

2. After revegetation has been established on the regraded

mined lands in accordance with the approved reclamation plan. When

determining the amount of bond to be released after successful

revegetation has been established, the Department shall retain that

Oklahoma Statutes - Title 45. Mines and Mining Page 107

amount of bond for the revegetated area which would be sufficient

for a third party to cover the cost of reestablishing revegetation

and for the period specified for operator responsibility of

reestablishing revegetation. No part of the bond or deposit shall

be released under this paragraph so long as the lands to which the

release would be applicable are contributing suspended solids to

streamflow or runoff outside the permit area in excess of the

requirements set by law. No part of the bond shall be released

until soil productivity for prime farmlands has returned to

equivalent levels of yield as nonmined land of the same soil type in

the surrounding area under equivalent management practices as

determined from the soil survey. When a silt dam is to be retained

as a permanent impoundment, the remaining portion of bond may be

released under this paragraph so long as provisions for sound future

maintenance by the operator or the landowner have been made with the

Department; and

3. When the operator has completed successfully all surface

coal mining and reclamation activities, the release of the remaining

portion of the bond, but not before the expiration of the period

specified for operator responsibility. No bond shall be fully

released until all reclamation requirements of this act are fully

met.

B. If the Department disapproves the application for release of

the bond or portion thereof, the Department shall notify the

permittee in writing, stating the reasons for disapproval and

recommending corrective actions necessary to secure said release and

allowing opportunity for a public hearing.

C. In order to protect areas affected by surface coal mining

activities and the surface effects of underground coal mines, no oil

or gas drilling activities shall be commenced or continued in any

mine permit area while the reclamation bond or any portion thereof

remains in effect, without the written approval of the Director.

The Department shall issue rules and regulations establishing

criteria and conditions for the approval of the Director under this

subsection.
Okla. Stat. tit. 45, § 45-914 — OK Code / Title 45 / Section 45-914
Travelways - Rules and procedures
Status: in_force

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 handrails and

maintained in good condition. Where necessary, toeboards shall be

provided;

3. Ladders shall be of substantial construction, maintained in

good condition and regularly inspected;

4. Portable straight ladders shall be provided with nonslip

bases, shall be placed against a safe backing at the proper angle

and set on secure footing;

5. Fixed ladders shall be anchored securely and installed to

provide at least three (3) inches of toe clearance;

6. Fixed ladders shall have substantial railed landings at

least every thirty (30) feet unless backguards are provided;

7. Steep fixed ladders, seventy (70) degrees to ninety (90)

degrees from the horizontal, thirty (30) feet or more in length

shall be provided with backguards, cages or equivalent protection,

starting at a point not more than seven (7) feet from the bottom of

the ladder;

8. Fixed ladders shall project at least three (3) feet above

landings or substantial handholds shall be provided above the

landings;

9. Wooden members of ladders shall not be painted;

10. Ladderways, stairways, walkways and ramps shall be kept

free of loose rock and extraneous materials;

11. Men climbing or descending ladders shall face the ladders

and have both hands free for climbing;

12. Railed walkways shall be provided wherever persons are

regularly required to walk along conveyor belts. Inclined railed

walkways shall be nonskid or provided with cleats;

13. Openings above, below or near travelways through which men

or materials may fall shall be protected by railings, barriers or

covers. Where it is impractical to install such protective devices,

adequate warning signals shall be posted;

14. Scaffolds and working platforms shall be of substantial

construction and provided with handrails and maintained in good

condition. Floorboards shall be laid properly and the scaffolds and

Oklahoma Statutes - Title 45. Mines and Mining Page 145

working platforms shall not be overloaded. Working platforms shall

be provided with toeboards where necessary;

15. Crossovers shall be provided where it is necessary to cross

conveyors;

16. Moving conveyors shall be crossed only at designated

crossover points;

17. Slippery walkways shall be provided with cleats and

handrails and/or ropes; and

18. Regularly used walkways and travelways shall be sanded,

salted or cleared of snow and ice as soon as practicable.
Okla. Stat. tit. 45, § 45-1d — OK Code / Title 45 / Section 45-1d
Additional powers and duties of Director
Status: in_force

A. The Director of the Department of Mines with the approval of

the Commission shall have and is authorized to exercise the

following duties:

1. To appoint a miner certification advisory council or other

such advisory council as may be required to accomplish government

functions; and

2. To provide assistance, advice and counsel to the Commission

when requested.

B. Any advisory councils shall meet at such times and places as

the members may deem most convenient for the transaction of

business. A majority of such councils shall constitute a quorum.

Each member of such councils shall be reimbursed for actual and

necessary expenses incurred in the discharge of official duties with

approval of the Director and the Commission as provided in the State

Travel Reimbursement Act.
Okla. Stat. tit. 45, § 45-529 — OK Code / Title 45 / Section 45-529
Workers' compensation coverage - Penalties - Exceptions
Status: in_force

(A) Any person or persons, partnership, association,

corporation, owner, operator and/or lessee of any mine in this state

must comply with the workers' compensation laws of the State of

Oklahoma.

(B) Any violation of this section shall constitute a misdemeanor

and shall be punishable by a fine of not exceeding One Thousand

Dollars ($1,000.00).

Provided the provisions of this act shall not apply to

production of limestone and sand or gravel from open pits.
Okla. Stat. tit. 45, § 45-516 — OK Code / Title 45 / Section 45-516
Ventilation
Status: in_force

The operator of every coal or other mine, whether shaft, slope

or drift shall provide and hereafter maintain ample means of

ventilation affording not less than one hundred fifty (150) cubic

feet of air per minute, for each and every person employed therein,

and seven hundred fifty (750) cubic feet of air per minute for every

animal employed therein; but, in a mine where fire damp has been

detected, the minimum shall be two hundred (200) cubic feet per

minute for each person employed therein, and as much more in either

case as one or more of the mine inspectors may deem requisite, and

the ventilation shall be conducted through the main cross entries

and all other working places, so as to dilute and render harmless

and expel therefrom the noxious and poisonous gases, and all working

places shall be kept clear of standing gases.
Okla. Stat. tit. 45, § 45-931 — OK Code / Title 45 / Section 45-931
Operator's fee - Disposition - Production report and
Status: in_force

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 ($0.0125) per

ton of mineral produced. For the purposes of this section,

"mineral" shall be defined as provided in paragraph 4 of Section 723

of this title.

Oklahoma Statutes - Title 45. Mines and Mining Page 152

C. The fees imposed by this section shall be paid no later than

thirty (30) days after the end of each calendar quarter beginning

the first calendar quarter after June 30, 1982.

D. The Department shall develop and promulgate a report form,

which shall be as similar as possible to the form required of

operators by federal law, and which shall state the amount of coal

or mineral produced during the calendar quarter, the method of coal

or mineral removal, and the type of coal or mineral. The operator

shall swear to the accuracy of the report before a notary public,

who shall duly notarize the report.

E. All fees collected by the Department of Mines pursuant to

this section shall be deposited with the State Treasurer, who shall

credit one cent ($0.01) per ton of fees collected on coal produced

on or after July 1, 1988, and one-tenth of one cent ($0.001) per ton

of fees collected on minerals produced on or after July 1, 1988, to

the Oklahoma Miner Training Institute Revolving Fund, with the

balance of the fees collected to be deposited in the Department of

Mines Revolving Fund.
Okla. Stat. tit. 45, § 45-512 — OK Code / Title 45 / Section 45-512
Safety equipment for shafts
Status: in_force

The operator or superintendent shall provide and maintain from

the top to bottom of every shaft, where persons are raised or

lowered, a metal tube suitably adapted to the free passage of sound

through which conversation may be held between persons at the top

and bottom of said shaft, and also a means of signaling from the top

to the bottom thereof, and shall provide every cage or gear carriage

used for the hoisting or lowering of persons with a sufficient

overhead covering to protect those persons when using the same and

shall provide also for each said cage or carriage a safety catch

approved by the mine inspector, and the said operator or

superintendent shall see that flanges with clearance of not less

than four (4) inches when the whole of the rope is wound around the

drum, are attached to the sides of the drum of every machine that is

used for lowering persons into or hoisting them out of the mines,

and also, that adjacent brakes are attached to the drums: Provided,

that the rope shall be left around the drum at least two and one-

half (2 1/2) times when the cage is at the bottom. At all shafts,

safety gates to be approved by the mine inspector of the district,

shall be so placed as to prevent persons from falling into the

shaft.
Okla. Stat. tit. 45, § 45-918 — OK Code / Title 45 / Section 45-918
Augering - Rules and procedures
Status: in_force

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

be located so as to prevent:

(1) interference with the ventilation system of

any underground mine, and

(2) inundation hazards from the surface to

active underground workings;

2. Inspection:

a. at least fifty (50) feet on each side of

highwalls being drilled shall be inspected for loose material before

drilling or other work in the area is begun, and an inspection shall

be made at least once during each operating shift,

b. when abandoned mines or abandoned parts of active

mines are penetrated by drilling, machinery shall be stopped and

tests shall be made at the collar of the hole for explosive gas or

oxygen or oxygen deficiency by a certified person qualified to use

approved instruments to make such tests. If tests show the presence

of gas or the lack of oxygen, the equipment shall not be operated

until the condition has been corrected;

3. Auger holes; persons not to enter:

a. no person shall enter an auger hole for any

purpose without having first received permission from a

representative of the Oklahoma Department of Mines,

b. auger machines and other related equipment on

which persons are required to work during drilling operations shall

be protected against falling material from highwalls by heavy gauge

screen or equivalent material subject to the approval of the mine

inspector. The protective screen shall permit workmen to keep the

highwall in view at all times,

c. no work shall be done on the highwall in the

vicinity of drilling equipment while it is in operation;

4. Auger equipment; operation:

Oklahoma Statutes - Title 45. Mines and Mining Page 151

a. persons shall stay clear of the auger train while

it is in motion, and they shall not pass over or under the auger

train except where crossing facilities are provided; b. persons

must be in the clear while auger sections are being swung into

position,

c. auger operators shall not leave the controls of

the equipment while the auger is operating, and

d. when auger operations are performed after dark,

adequate illumination shall be provided;

5. Auger Holes; blocking: auger holes shall be securely

blocked by spoil or other suitable material before they are

abandoned.
Okla. Stat. tit. 45, § 45-522 — OK Code / Title 45 / Section 45-522
Electric wires to be insulated
Status: in_force

In all mines where electricity is, used as a part of the system,

power or means of mining and procuring the coal or other mineral

therefrom, the owners, or operators thereof shall cause all wires

conducting electricity in and about said mines, to be carefully and

thoroughly insulated or protected in a safe manner, so that the

persons or animals coming in contact therewith, shall not be

injured; all wires as aforesaid shall either be thoroughly insulated

or placed where persons employed in or about the mines cannot come

in contact therewith, or shall be covered, protected or shielded in

Oklahoma Statutes - Title 45. Mines and Mining Page 39

a safe manner so as to prevent any injuries or accidents therefrom

to those in or about the mines.
Okla. Stat. tit. 45, § 45-934 — OK Code / Title 45 / Section 45-934
Lien for fees - Perfecting - Notice - Indexing - Release
Status: in_force

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 county clerk in the county in which the operator

resides or has property and shall thereafter constitute constructive

notice to purchasers of the existence and superiority of the lien.

Said notice of lien shall contain the name of the operator, the

amount of fees claimed to be due, and a description of the property

against which the lien is claimed. The county clerk of any county

in which such lien is filed shall index the lien in the same form

and manner and in the same book as provided for the indexing of

income tax liens, except that the said entry in the said index shall

show that the lien is a coal or mineral fee lien. Upon payment of

the fee the Chief Mine Inspector shall release the lien.
Okla. Stat. tit. 45, § 45-744 — OK Code / Title 45 / Section 45-744
Application of act
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 71

All surface coal mining operations which commence operations

pursuant to a permit issued on or after February 3, 1978, shall

comply, and such permits shall contain terms requiring compliance

with the provisions set out in this act.

On and after May 3, 1978, all surface coal mining operations

shall comply with this act, except as provided below.
Okla. Stat. tit. 45, § 45-939.1 — OK Code / Title 45 / Section 45-939.1
Cost increases to consumers and impairment of certain
Status: in_force

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

Statutes.

Oklahoma Statutes - Title 45. Mines and Mining Page 155
Okla. Stat. tit. 45, § 45-750 — OK Code / Title 45 / Section 45-750
Removal and restoration of topsoil
Status: in_force

The operator shall remove the topsoil from the land in a

separate layer, replace it on the backfill area or if not utilized

immediately, segregate it in a separate pile from other spoil. When

the topsoil is not replaced on a backfill area within a time short

enough to avoid deterioration of the topsoil, the operator shall

maintain a successful cover by quick-growing plants or other means

so that the topsoil is preserved from wind and water erosion,

remains free of any contamination by other acid or toxic material,

and is in a usable condition for sustaining vegetation when restored

during reclamation. If the topsoil is of insufficient quantity or

of poor quality for sustaining vegetation, or if other strata can be

Oklahoma Statutes - Title 45. Mines and Mining Page 88

shown to be more suitable for vegetation requirements, then the

operator shall remove, segregate and preserve in a like manner such

other strata which is best able to support vegetation.
Okla. Stat. tit. 45, § 45-361 — OK Code / Title 45 / Section 45-361
Terms defined
Status: in_force

When used in this title the following terms, unless otherwise

defined, shall be construed to have the following meaning:

1. "Coal" means lignite, subbituminous, cannel, bituminous,

semibituminous, semianthracite, anthracite and asphaltic minerals or

other hydrocarbons recovered by mining.

2. "Mine" means a quarry, an underground or surface excavation

and development with or without shafts, slopes, drifts or tunnels,

for the extraction of coal or minerals, with hoisting or haulage

equipment and appliances for the extraction of coal or minerals, and

shall embrace any and all of the land or property of the mining

plant, and the surface and underground, that contribute directly or

indirectly to the mining properties, concentration or handling of

coal or minerals.

3. "Minerals" means asphalt, clay, copper, granite, gravel,

gypsum, lead, marble, salt, sand, shale, stone, tripoli, volcanic

ash and zinc, or any other substance commonly recognized as a

mineral and includes ores or rock containing any such substances but

excludes oil, gas and any other mineral found naturally in a liquid

or gaseous state.
Okla. Stat. tit. 45, § 45-734 — OK Code / Title 45 / Section 45-734
Chief Mine Inspector
Status: in_force

Any act authorized to be done by the Department may be performed

by the Chief Mine Inspector, or an assistant designated by him.
Okla. Stat. tit. 45, § 45-430 — OK Code / Title 45 / Section 45-430
Map or plan of mine
Status: in_force

The operator of said mines in this state shall make or cause to

be made, at the discretion of the Mine Inspector of the District in

which said mine is located, an accurate map or plan of the workings

of such mine and deposit a true copy of said map or plan with the

Mine Inspector of the District wherein may be located the said mine;

which said map or plan shall be so filed or deposited within three

(3) months after the time when this act shall take effect, and a

copy of such map or plan shall be also kept for inspection at the

office of said mine; and during the month of January of each year,

or as soon thereafter as practicable, the said operator shall

furnish the District Mine Inspector with a further map or plan of

the progress of the workings of such mine, continued from the last

report to the end of the month of December next preceding; and when

any mine is worked out or abandoned that fact shall be reported to

the Inspector and the map or plan of such mine shall be furnished

the Mine Inspector.
Okla. Stat. tit. 45, § 45-740.2 — OK Code / Title 45 / Section 45-740.2
Legislative findings - Purpose
Status: in_force

A. The Legislature finds that:

1. The Congress of the United States has enacted the Surface

Mining Control and Reclamation Act of 1977, 30 U.S.C. Sections 1201

et seq., hereinafter cited as the "federal act", which provides for

the establishment of a nationwide program to regulate surface coal

mining and reclamation and which vests exclusive authority in the

Department of the Interior over the regulation of surface coal

mining and reclamation within the United States.

Oklahoma Statutes - Title 45. Mines and Mining Page 59

2. Section 101 of the federal act, 30 U.S.C. Section 1201,

contains the finding by Congress that because of the diversity in

terrain, climate, biologic, chemical and other physical conditions

in areas subject to mining operations, the primary governmental

responsibility for developing, authorizing, issuing and enforcing

regulations for surface mining and reclamation operations subject to

that act should rest with the states.

B. It is therefore declared to be the purpose of this act:

1. To promote the reclamation of mined areas left without

adequate reclamation prior to the enactment of the federal act and

that continue, in their unreclaimed condition, to substantially

degrade the quality of the environment, to prevent or damage the

beneficial use of land or water resources or to endanger the health

or safety of the public;

2. To assure that the rights of surface landowners and other

persons with a legal interest in the land or appurtenances to the

land are protected from previously unregulated surface coal mining

operations; and

3. To prevent the adverse effects to society and the

environment resulting from previously unregulated surface coal

mining.
Okla. Stat. tit. 45, § 45-932 — OK Code / Title 45 / Section 45-932
Delinquent reports and fees - Penalty - Time extension
Status: in_force

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 Chief Mine Inspector may, in his discretion, grant an

extension of time not exceeding thirty (30) days within which the

fees for any quarterly period may be reported and paid without

addition of the ten percent (10%) penalty.
Okla. Stat. tit. 45, § 45-792 — OK Code / Title 45 / Section 45-792
Assistance of state agencies
Status: in_force

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.
Okla. Stat. tit. 45, § 45-503 — OK Code / Title 45 / Section 45-503
Mine inspectors to be furnished copies of maps
Status: in_force

The operator or superintendent of every mine shall furnish the

mine inspectors of the district in which said mine is located with a

correct copy, on tracing muslin or sunprint, of the map or plan of

said mine hereinbefore provided for, and the inspector of the

district shall at the end of each year, or twice a year, if he

requires it, return said map or plan to the proper person at any

particular mine, whose duty it shall be to place or cause to be

placed, on said map or plan all extensions and worked out or

abandoned parts of the mine during the preceding six (6) or twelve

(12) months, as the case may be, and forward the same to the

district mine inspector within thirty (30) days from the time of

receiving it. When any mine is worked out or abandoned, the

operator or superintendent shall furnish the mine inspector, within

thirty (30) days, with a correct plan of said mine on tracing muslin

or cloth, which plan shall clearly show all the worked out or

abandoned territory, together with all property and boundary lines,

elevations, and other things required by this article. The copies

of the maps or plans of the several coal and other mines in each

district, as hereinbefore required to be furnished to the mine

inspector, shall remain in the care of the inspector of the district

in which the said mines are situated, as strictly official records,

to be transferred by him to his successor in office.
Okla. Stat. tit. 45, § 45-9.1 — OK Code / Title 45 / Section 45-9.1
Quarrying or mining with use of explosives near schools or
Status: in_force

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

Oklahoma Statutes - Title 45. Mines and Mining Page 15

products wherein blasting is required, or to conduct any other

quarrying operations for commercial or industrial purposes requiring

the use of powder, dynamite, nitroglycerin or other explosives

within a minimum distance established by rule or regulation adopted

by the Chief Mine Inspector from any established school, church or

other house of worship. This section shall not apply to underground

mines or to any quarrying or mining plants already constructed or in

actual operation before June 19, 1961.
Okla. Stat. tit. 45, § 45-745.19 — OK Code / Title 45 / Section 45-745.19
Augering operations
Status: in_force

The operator shall conduct any augering operation associated

with surface mining in a manner to maximize recoverability of coal

and other mineral reserves remaining after the operation and

reclamation are complete, and seal all auger holes with an

impervious and noncombustible material in order to prevent drainage

except where the Department determines that the resulting

impoundment of water in such auger holes may create a hazard to the

environment or the public health or safety. The Department may

prohibit augering if necessary to maximize the utilization

recoverability or conservation of the solid fuel resources or to

protect against adverse water quality impacts.
Okla. Stat. tit. 45, § 45-745.21 — OK Code / Title 45 / Section 45-745.21
Surface mining near active and abandoned underground
Status: in_force

mines.

The operator shall refrain from surface coal mining within five

hundred (500) feet from active and abandoned underground mines in

order to prevent breakthroughs and to protect health or safety of

miners. The Department shall permit an operator to mine near,

through or partially through an abandoned underground mine or closer

to an active underground mine if the nature, timing and sequencing

of the approximate coincidence of specific surface mine activities

with specific underground mine activities will result in improved

resource recovery, improved land use category abatement of water

pollution, or elimination of hazards to the health and safety of

underground miners and the public.
Okla. Stat. tit. 45, § 45-748 — OK Code / Title 45 / Section 45-748
Conditions where backfilling, compacting, and grading are
Status: in_force

necessary.

In surface coal mining:

Oklahoma Statutes - Title 45. Mines and Mining Page 87

1. Which is carried out at the same location over a substantial

period of time when the operation transects the coal deposit;

2. The thickness of the coal deposits relative to the volume of

the overburden is large; and

3. Where the operator demonstrates that the overburden and

other spoil and waste materials at a particular point in the permit

area or otherwise available from the entire permit area is

insufficient, giving due consideration to volumetric expansion, to

restore the approximate original contour;

the operator, at a minimum, shall backfill, grade and compact, where

advisable, using all available overburden and other spoil and waste

materials to attain the lowest practicable grade but not more than

the angle of repose. The operator shall provide adequate drainage

and cover all acid-forming and other toxic materials, in order to

achieve an ecologically sound land use compatible with the

surrounding region.
Okla. Stat. tit. 45, § 45-754.2 — OK Code / Title 45 / Section 45-754.2
Performance standards
Status: in_force

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 be minimized;

Oklahoma Statutes - Title 45. Mines and Mining Page 95

2. Stabilize and protect all surface areas including spoil

piles affected by the surface coal mining and reclamation operation

to effectively control erosion and attendant air and water

pollution;

3. Restore the topsoil or the best available subsoil which is

best able to support vegetation;

4. Insure that all debris, acid-forming materials, toxic

materials, or materials constituting a fire hazard are treated or

buried and compacted or otherwise disposed of in a manner designed

to prevent contamination of ground or surface waters and that

contingency plans are developed to prevent sustained combustion;

5. Insure that the construction, maintenance and postmining

conditions of access roads into and across the site of operations

will control or prevent erosion and siltation, pollution of water,

damage to fish or wildlife or their habitat, or public or private

property;

6. Refrain from the construction of roads or other access ways

up a stream bed or drainage channel or in such proximity to such

channel so as to seriously alter the normal flow of water;

7. Protect off-site areas from slides or damage occurring

during the surface coal mining and reclamation operations, and not

deposit spoil material or locate any part of the operations or waste

accumulations outside the permit area;

8. To the extent possible using the best technology currently

available, minimize disturbances and adverse impacts of the

operation on fish, wildlife, and related environmental values, and

achieve enhancement of such resources where practicable;

9. Provide for an undisturbed natural barrier beginning at the

elevation of the lowest coal seam to be mined and extending from the

outslope for such distance as the Department shall determine shall

be retained in place as a barrier to slides and erosion; and

10. Meet such other criteria as are necessary to achieve

reclamation in accordance with the purposes of this act, taking into

consideration the physical, climatological, and other

characteristics of the site.
Okla. Stat. tit. 45, § 45-411 — OK Code / Title 45 / Section 45-411
Definitions
Status: in_force

The words defined in this section shall have the following

meaning when found in this act, towit "mines" mean mines in the

State of Oklahoma wherein lead, zinc or other metals are sought or

produced. "Operator" means the person, individual or corporation

charged with the responsibility of management and control of mining.

"Mine Inspector" means the Chief Mining Inspector of this state and

the deputy or assistant mining inspector provided by law for the

district in which the mining operation is located, except where the

context specifies the deputy or assistant mining inspector.
Okla. Stat. tit. 45, § 45-780 — OK Code / Title 45 / Section 45-780
Action for damages and expenses - Injunctions, restraining
Status: in_force

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 brought against the operator

and surety either in Oklahoma County or the county in which the

violation occurred.

The Department may request the Attorney General to institute a

civil action for relief, including a permanent or temporary

injunction, restraining order or any other appropriate order in the

district court for the district in which the surface coal mining and

reclamation operation is located or in which the permittee thereof

has his principal office, whenever such permittee or his agent:

1. Violates or fails or refuses to comply with any order or

decision issued by the Department under this act;

2. Interferes with, hinders or delays the Department in

carrying out the provisions of this act;

3. Refuses to admit authorized representatives of the

Department to the mine;

4. Refuses to permit inspection of the mine by authorized

representatives of the Department;

5. Refuses to furnish any information or report requested by

the Department in furtherance of the provisions of this act; or

6. Refuses to permit access to, and copying of, such records as

the Department determines necessary in carrying out the provisions

of this act.

B. The court shall have jurisdiction to provide such relief as

may be appropriate. Any relief granted by the court to enforce an

order under paragraph 1 of this section shall continue in effect

until the completion or final termination of all proceedings for

review of such order under this title, unless the district court

granting such relief sets it aside or modifies it.
Okla. Stat. tit. 45, § 45-1b — OK Code / Title 45 / Section 45-1b
Chief Mine Inspector - Director
Status: in_force

The chief executive officer of the Department of Mines shall be

the Chief Mine Inspector. In the absence of an appointed Chief Mine

Inspector the chief executive officer shall be the Director who

shall be appointed by the Oklahoma Mining Commission and who shall

serve at the pleasure of said Commission and fix his or her duties

and compensation. The Director shall be chosen with regard to his

or her knowledge, training, experience and ability in administering

the functions of the Department. No person shall be appointed

Director who has not been a resident and a qualified elector of this

state for a period of at least three (3) years preceding

appointment.
Okla. Stat. tit. 45, § 45-906 — OK Code / Title 45 / Section 45-906
Temporary permits
Status: in_force

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 to exceed thirty-one (31) days.
Okla. Stat. tit. 45, § 45-793 — OK Code / Title 45 / Section 45-793
Federally inspected reclamation activities
Status: in_force

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 Department may inspect such surface coal mining

Oklahoma Statutes - Title 45. Mines and Mining Page 119

and reclamation activities on a less frequent basis than required

under Section 766 of Title 45 of the Oklahoma Statutes until full

authority for inspection and enforcement is regained from the Office

of Surface Mining.
Okla. Stat. tit. 45, § 45-760.1 — OK Code / Title 45 / Section 45-760.1
Suspension of underground mining in certain areas
Status: in_force

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 inhabitants of the urbanized areas, cities, towns

and communities.
Okla. Stat. tit. 45, § 45-521 — OK Code / Title 45 / Section 45-521
Danger signals
Status: in_force

The fire boss shall at each entrance to the mine, or to the main

intake airway, near to the mine entrance, prepare a permanent

station with the proper danger signals designated as follows:

X-(DATE OF MONTH)-X

and it shall not be lawful for any person or persons, except the

mine officials in cases of necessity, and such other persons as may

be designated by them, to pass beyond said danger station, until the

mine has been examined by the fire boss as aforesaid, and the same,

or certain parts thereof, reported by him to be safe; and in all

mines where operations are temporarily or indefinitely suspended,

the superintendent and mine foreman shall see that a danger signal

be placed at the mine entrance, or entrances, which shall be a

sufficient warning to persons not to enter the mine, and if ordinary

circulation of air through the mine be stopped, each entrance to

said mine shall be securely fenced off and a danger signal shall be

displayed upon said fence, and any workman or other person (except

those persons hereinbefore provided for) passing beyond any danger

signal into the mine before it has been examined and reported to be

safe as aforesaid, also any person passing beyond any danger signal

placed at the entrance to a working place, or any other place, in

the mine without permission of the mine foreman, his assistant or

his fire boss, shall be punished by a fine of not less than Fifty

Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or

imprisonment in the county jail not to exceed thirty (30) days, or

both such fine and imprisonment; and it shall be the duty of the

fire boss, mine foreman, or superintendent to forthwith prosecute

such person, or persons, before the proper legal authority, or to

notify the mine inspector, who shall enter proceedings against such

person.
Okla. Stat. tit. 45, § 45-721 — OK Code / Title 45 / Section 45-721
Short title
Status: in_force

This act may be known and cited as "The Mining Lands Reclamation

Act".
Okla. Stat. tit. 45, § 45-478 — OK Code / Title 45 / Section 45-478
Penalty for obstruction
Status: in_force

Every person who willfully obstructs the Chief Inspector or his

assistant inspectors in the execution of his or their duties, and

every owner, agent, lessee or manager of a mine who refuses or

neglects to furnish to the Cheif Mine Inspector or his assistants,

the means necessary for making entry, inspection, examination or

inquiry, as herein provided in relation to such mine shall be guilty

of a misdemeanor, and upon conviction, he shall be punished as

hereinafter provided.
Okla. Stat. tit. 45, § 45-1f — OK Code / Title 45 / Section 45-1f
Oklahoma Miner Training Institute - Duties
Status: in_force

The Oklahoma Miner Training Institute shall:

1. Conduct miner safety training programs consistent with the

needs of the mining industry within this state and the training

requirements of the Oklahoma Mining Commission;

2. Assist and cooperate with the Oklahoma Mining Commission by

conducting examinations of students of the Oklahoma Miner Training

Institute applying for certificates of competency issued by the

Oklahoma Mining Commission; and

3. Assist the Oklahoma Mining Commission in developing ways to

expand existing markets and create new markets for coal and noncoal

mining operations and to further the economic development of the

mining industry.
Okla. Stat. tit. 45, § 45-616 — OK Code / Title 45 / Section 45-616
Construction of sewage or drainage facilities into
Status: in_force

operating or abandoned mine - Penalty.

If any person shall construct or cause to be constructed for

use, after the effective date of this act, any sewer or other method

of drainage from any building or dwelling house for the carrying of

sewage, offal, refuse or other offensive matter into any portion of

any operating or abandoned mine, such person shall be guilty of a

misdemeanor, and upon conviction thereof shall be sentenced to a

fine not exceeding One Thousand Dollars ($1,000.00) and shall be

imprisoned in the county jail, not exceeding one (1) year, or by

both such fine and imprisonment, at the discretion of the court.
Okla. Stat. tit. 45, § 45-506 — OK Code / Title 45 / Section 45-506
Ventilation - Construction of air and hoisting shafts
Status: in_force

It shall be unlawful for the operator or superintendent, mine

foreman or other person, to employ more than ten persons in any coal

or other mine, or permit more than ten persons to be employed

therein at any one time unless they are in communication with at

least two available openings to the surface from each seam or

stratum of coal or other mineral worked in such mine: Provided,

that in any mine operated by shaft or slope and ventilated by a fan

placed at the second opening, and said second opening is a slope or

shaft, it may be used as an airway and for a traveling way into and

from the mine, and if the said second opening is a shaft through

which the employees travel into and from the mine, by reason of a

stairway, or are regularly lowered into and hoisted from the mine by

the use of machinery and such shaft is divided by suitable material

into two compartments while developing or opening the mine up, to

the ten men as hereinbefore, one of them may be used for an airway

and the other for the purpose of ingress and egress into and from

said mine; and further provided, that any fan shaft hereafter

divided into compartments for the purpose of ventilation, and

ingress and egress into and from the mines or any divided partition

now in use that may hereafter be replaced, wholly or in part, shall

be constructed of noncombustible material. And there shall be cut

around the bottom of all hoisting shafts, or driven through the

solid strata a traveling way not less than five (5) feet high and

three (3) feet wide, to enable persons to pass from one side of the

shaft to the other without passing over or under the cage or other

apparatus, and there shall be cut around all other shafts a

traveling way to save the necessity of passing under the shaft.
Okla. Stat. tit. 45, § 45-731 — OK Code / Title 45 / Section 45-731
Maps - Release
Status: in_force

The operator shall submit to the Department, no later than

September 1 following the end of each permit year, a map in a form

approved by the Department showing the location of the pit or pits

by section, township, range and county, with such other description

as will identify the land which the operator has affected by mining

during such permit year and has completed mining operations thereon,

with a legend upon such map showing the number of acres of affected

Oklahoma Statutes - Title 45. Mines and Mining Page 57

land. Such map shall also show in acres the extent of the

reclamation accomplished on the affected land, including grading and

revegetation efforts, as of the end of the permit year, and shall

show by appropriate designation any deviation from the plan of

reclamation filed under subsection (c) of Section 724 of this title

and the reasons therefor.

Whenever an operator shall have completed all requirements under

the provisions of this act as to any affected land, he shall notify

the Department thereof. If the Department determines that the

operator has completed reclamation requirements and achieved results

appropriate to the use for which the area was reclaimed, the

Department shall release the operator from further obligations

regarding such affected land and the penalty of the bond shall be

reduced proportionately.
Okla. Stat. tit. 45, § 45-41 — OK Code / Title 45 / Section 45-41
Disputes between operators and miners
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 17

In case of dispute between operators and miners on the proper

interpretation of rules, regulations, and laws in relation to mines

and subjects relating thereto and providing for the health and

safety of persons employed therein, and the dispute is filed in

formal written form with the Department of Mines, the Chief Mine

Inspector shall call a meeting of the Mining Board to review the

dispute. An opinion of the proper interpretation of the disputed

rule, regulation, or law, concurred in by a majority of the Mining

Board, shall be binding upon the mining department to enforce, and

the operators and miners must abide by the opinion unless the

opinion of the Mining Board is at variance with an opinion of

interpretation by the Attorney General of the intent of the rule,

regulation, or law. In case the opinion of the Attorney General is

at variance with the opinion of the Mining Board, then all parties

must abide by the opinion of the Attorney General, except that all

parties shall have recourse to courts of this state.

In case operators or miners shall file formal written charges

with the Department of Mines that any law or laws in relation to

mining and subjects relating thereto and providing for the health

and safety of persons employed therein have been violated, the Chief

Mine Inspector shall call the parties involved before the Mining

Board to hear the evidence for and the defense against said charges.

By majority vote the charges are valid and true.
Okla. Stat. tit. 45, § 45-755 — OK Code / Title 45 / Section 45-755
Steep slope surface mining - Performance standards -
Status: in_force

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

or gently rolling terrain, on which an occasional steep slope is

encountered through which the mining operation is to proceed,

leaving a plain or predominantly flat area.

Oklahoma Statutes - Title 45. Mines and Mining Page 96

1. The operator shall insure that when performing surface coal

mining on steep slopes, no debris, abandoned or disabled equipment,

spoil material, or waste mineral matter be placed on the downslope

below the bench or mining cut;

2. Complete backfilling with spoil material shall be required

to cover completely the highwall and return the site to the

appropriate original contour, which material will maintain stability

following mining and reclamation;

3. The operator may not disturb land above the top of the

highwall unless the Department finds that such disturbance will

facilitate compliance with the environmental protection standards of

this act. The land disturbed above the highwall shall be limited to

that amount necessary to facilitate said compliance; and

4. For the purposes of this section, the term steep slope is

any slope above twenty (20) degrees or such lesser slope as may be

defined by the Department after consideration of soil, climate and

other characteristics of a region or state.
Okla. Stat. tit. 45, § 45-775 — OK Code / Title 45 / Section 45-775
Inspection of violations
Status: in_force

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 occurring unless the information available to the

Department is a result of a previous inspection of such surface coal

mining operation. When the inspection results from information

provided to the Department by any person, the Department shall

notify such person when the inspection is proposed to be carried out

and such person shall be allowed to accompany the inspector during

the inspection.
Okla. Stat. tit. 45, § 45-520 — OK Code / Title 45 / Section 45-520
Inspection for gas
Status: in_force

In all mines wherein explosive gas is generated, and also in all

mines where the fire damp has generated, in sufficient quantities to

be detected by the ordinary safety lamp, every working place without

exception, and all roadways shall be carefully examined immediately

before each shift by a competent person, who shall be known as the

fireboss, appointed by the superintendent and mine foreman for that

purpose. The person or persons making such examination shall use no

light other than that enclosed in a safety lamp while making such

examination. In all cases, said examination shall be begun within

the shortest possible period of time necessary to complete such

inspection before the regular time appointed to commence work, but

in no case shall said examination be begun more than three (3) hours

prior to the appointed time of each shift in commencing work, and it

shall be the duty of the said fire boss to examine for all dangers

likely to be found, and after each examination to leave at the face

and sides of every place so examined, evidence of his presence, and

he shall at each examination, inspect the entrance, or entrances, to

the worked out or abandoned parts, which are adjacent to the

roadways and working places of the mines where fire damp is likely

to accumulate, and in every working place and all other places where

explosive gas is discovered, also where immediate danger is found to

exist from other causes he shall place a danger signal across the

Oklahoma Statutes - Title 45. Mines and Mining Page 38

entrance to such places, which shall be a sufficient warning for all

persons not to enter said place.
Okla. Stat. tit. 45, § 45-2 — OK Code / Title 45 / Section 45-2
Certificates of competency - Violations - Examinations -
Status: in_force

Qualification.

A. No person shall act as a mine superintendent, mine foreman,

fire boss, shot-firer, certified surface blaster, hoisting engineer

or miner without first having obtained a certificate of competency

from the Oklahoma Mining Commission. No person shall employ such

mine superintendent, mine foreman, fire boss, shot-firer, certified

surface blaster, hoisting engineer or miner who does not hold such

certificate. Any person who violates the provisions of this

subsection, upon conviction, shall be fined not more than One

Oklahoma Statutes - Title 45. Mines and Mining Page 12

Thousand FiveHundred Dollars ($1,500.00) or be imprisoned in the

county jail for a term not more than six (6) months, or both.

B. The examination for a certificate of competency as mine

superintendent, mine foreman, fire boss, shot-firer, certified

surface blaster or hoisting engineer shall be administered by only

employees or advisors of the Department of Mines who also hold equal

or higher certificates of competency. The examination shall be

sufficient to determine that such applicant fully understands the

requirements of the coal mining laws of this state.

Each applicant for mine superintendent, mine foreman, fire boss,

certified surface blaster, hoisting engineer or shot-firer shall

hold a first-aid certificate issued within one (1) year prior to the

date of the examination of the Department by an organization

recognized by the Oklahoma Mining Commission.

C. The Department shall hold monthly examinations for

certificates of competency as underground miners. Applicants for

such certificate may be granted a temporary permit by the Commission

until an examination is held by theDepartment in the region in which

the applicant resides. Applicants must successfully answer a

written or oral examination pertaining to such requirements and

qualifications of underground miners as are determined necessary by

the Commission.

D. Certificates of competency shall be granted by the Oklahoma

Mining Commission to persons who have given the Department

satisfactory evidence of their ability to perform the duties and

skills as are required for the Council. Previous experience and

record of service of the applicant shall have equal weight with the

examination.

E. The minimum experience necessary for certificates of

competency are as follows:

1. Shot-firer - 1 year's practical underground

experience.

2. Certified surface blaster - 1 year's practical

experience.

3. Hoisting engineer - 1 year's practical

hoisting experience.

4. Fire boss - 2 years' practical underground

experience.

5. Mine foreman - 3 years' practical underground

experience.

6. Superintendent - 5 years' practical underground

experience.

7. Practical miner - 1 year's practical experience

as a miner or the equivalent

experience as defined by the

Commission.

Oklahoma Statutes - Title 45. Mines and Mining Page 13

Provided that the underground experience requirement for mine

foreman and the superintendent shall not apply to those positions in

surface mining.

F. A student who has completed an accredited two-year or four-

year mining program shall be credited one (1) year of experience

toward a fire boss, mine foreman or superintendent certification.
Okla. Stat. tit. 45, § 45-907 — OK Code / Title 45 / Section 45-907
Inspection and examination of active strip and surface
Status: in_force

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 act are

observed and strictly carried out. Mines with resident safety

engineers supplying the Department with monthly self-monitoring

reports shall be inspected a minimum of twice a year. The Chief

Mine Inspector or assistant inspectors, or both, may enter, inspect

and examine any strip or surface pit and the works and machinery

belonging thereto at all times, either by night or by day. The

owner and the employees may each designate a person who shall

accompany the inspector during the state inspection of the mine.

After each inspection the inspector shall make a report in

Oklahoma Statutes - Title 45. Mines and Mining Page 132

triplicate of the condition of the mine with recommendations and

orders. One copy shall be placed on file in the office of the Chief

Mine Inspector, one copy shall remain with the inspector, and one

copy shall be given to the operator who shall post it in a

conspicuous place available for public inspection where it can be

read and where it shall remain until the next state inspection

report is issued. Within thirty (30) days after receiving the

report of the inspector in which any important recommendations are

made, the owner shall send a report to the Chief Mine Inspector

stating what steps have been taken to comply with the

recommendations.
Okla. Stat. tit. 45, § 45-580 — OK Code / Title 45 / Section 45-580
Punishment for offense
Status: in_force

A violation of Section 16 hereof, or of any part thereof, shall

be a misdemeanor, and any one convicted of such violation shall be

fined not less than One Hundred Dollars ($100.00) and not more than

Five Hundred Dollars ($500.00), or imprisoned in the county jail not

less than thirty (30) days, and not more than twelve (12) months, or

by both such fine and imprisonment.
Okla. Stat. tit. 45, § 45-745.18 — OK Code / Title 45 / Section 45-745.18
Impoundments of water on mining sites
Status: in_force

The operator may create, if authorized in the approved mining

and reclamation plan and permit, permanent impoundments of water on

mining sites as part of reclamation activities only when it is

adequately demonstrated that:

1. The size of the impoundment is adequate for its intended

purposes;

2. The impoundment dam construction will be so designed as to

achieve necessary stability with an adequate margin of safety

compatible with that of structures constructed under Public Law 83-

566 (16 U.S.C. 1006);

3. The quality of impounded water will be suitable on a

permanent basis for its intended use and that discharges from the

impoundment will not degrade the water quality below water quality

standards established pursuant to applicable federal and state law

in the receiving stream;

4. The level of water will be reasonably stable;

5. Final grading will provide adequate safety and access for

proposed water users; and

6. Such water impoundments will not result in the diminution of

the quality or quantity of water utilized by adjacent or surrounding

landowners for agricultural, industrial, recreational or domestic

uses.
Okla. Stat. tit. 45, § 45-754 — OK Code / Title 45 / Section 45-754
Reestablishment of native flora - Length of liability
Status: in_force

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 extent of cover to the natural vegetation of the

area; except, that introduced species may be used in the

revegetation process where desirable and necessary to achieve the

approved postmining land use plan.

B. The operator shall assume the responsibility for successful

revegetation for a period of five (5) full years after the last year

of augmented seeding, fertilizing, irrigation or other work in order

to assure compliance with this section. In those areas or regions

of Oklahoma, where the annual average precipitation is twenty-six

(26) inches or less as determined by the most recent National

Oceanic and Atmospheric Administration Annual Summary of

Climatological Data for Oklahoma, then the operator's assumption of

responsibility and liability will extend for a period of ten (10)

full years after the last year of augmented seeding, fertilizing,

irrigation or other work. When the Department approves a long-term

intensive agricultural postmining land use, the applicable five- or

ten-year period of responsibility for revegetation shall commence at

the date of initial planting for such long-term intensive

agricultural postmining land use. When the Department issues a

written finding approving a long-term, intensive, agricultural

postmining land use as part of the mining and reclamation plan, the

Oklahoma Statutes - Title 45. Mines and Mining Page 94

Department may grant exception to the provisions of subsection A of

this section.
Okla. Stat. tit. 45, § 45-784 — OK Code / Title 45 / Section 45-784
Cooperative agreements with federal government
Status: in_force

The Department shall have the authority to enter into

cooperative agreements with the United States Secretary of the

Oklahoma Statutes - Title 45. Mines and Mining Page 115

Interior to provide for departmental regulation of surface coal

mining and reclamation operations on federal lands within Oklahoma.
Okla. Stat. tit. 45, § 45-913 — OK Code / Title 45 / Section 45-913
Loading, hauling or dumping - Rules and procedures
Status: in_force

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 affecting safety shall be corrected before

the equipment is used;

3. Powered mobile equipment shall be provided with adequate

brakes;

Oklahoma Statutes - Title 45. Mines and Mining Page 142

4. Powered mobile haulage equipment shall be provided with

audible warning devices. Lights shall be provided on both ends when

required;

5. Equipment operators shall be certain, by signal or other

means, that all persons are in the clear before starting or moving

equipment;

6. When the entire length of a conveyor is visible from the

starting switch, the operator shall visually check to make certain

that all persons are in the clear before starting the conveyor. When

the entire length of the conveyor is not visible from the starting

switch, a positive audible warning system shall be installed and

operated to warn persons that the conveyor will be started;

7. Trucks, shuttle cars and front-end loaders shall be equipped

with emergency brakes separate and independent of the regular

braking system;

8. Operators' cabs shall be constructed to permit operators to

see without difficulty and shall be reasonably comfortable;

9. Cab windows shall be of safety glass or equivalent, in good

condition, and be kept clean;

10. Cabs of mobile equipment shall be kept free of extraneous

materials;

11. Adequate back stops or brakes shall be installed on

inclined conveyor drive units to prevent conveyors from running in

reverse if a hazard to personnel will result;

12. No person shall be permitted to ride a power-driven chain

belt or bucket conveyor unless the chain, belt or conveyor is

specifically designed for the transportation of persons;

13. Equipment operating speeds shall be prudent and consistent

with conditions of roadway, grades, clearance, visibility, traffic

and the type of equipment used;

14. Dust control measures shall be taken where dust

significantly reduces visibility of equipment operators. Haulage

roads shall be wet down as necessary unless dust is controlled

adequately by other methods;

15. Mobile equipment operators shall have full control of the

equipment while it is in motion;

16. Dippers, buckets, loading booms or heavy suspended loads

shall not be swung over the cabs of haulage vehicles until the

drivers are out of the cabs and in safe locations, unless the trucks

are designed specifically to protect the drivers from falling

material;

17. Only authorized persons shall be present in areas of

loading or dumping operations;

18. Unless safe provisions are made for persons to mount or

leave equipment while it is in operation, the operator shall be

notified of their intentions before getting on or off;

Oklahoma Statutes - Title 45. Mines and Mining Page 143

19. Persons shall not work or pass under the buckets or booms

of loaders in operation;

20. When traveling between work areas, the equipment shall be

secured in the travel position;

21. Dippers, buckets, scraper blades, and similar movable parts

shall be secured or lowered to the ground when not in use;

22. Persons shall not ride in dippers, buckets, forks,

clamshells or other parts of any equipment not specifically designed

for the transportation of persons;

23. Loaded cars or trucks shall not be moved until the loads

are trimmed properly;

24. Electrically powered mobile equipment shall not be left

unattended unless the master switch is in the "off" position, all

operating controls are in the "neutral" position, and the brakes are

set or other equivalent precautions are taken against rolling;

25. Mobile equipment shall not be left unattended unless the

brakes are set. The wheels shall be turned into a bank or wall, or

shall be blocked, when such equipment is parked on a grade;

26. Persons shall not ride on top of loaded haulage equipment;

27. Persons shall not ride outside the cabs and beds of mobile

equipment;

28. Equipment which is to be hauled shall be properly loaded

and secured;

29. Dumping locations and haulage roads shall be kept

reasonably free of water, debris and spillage;

30. Berms, bumper blocks, safety hooks or similar means shall

be provided to prevent overtravel and overturning at dumping

locations;

31. If truck spotters are used, they shall be well in the clear

while trucks are backing into dumping position and dumping; lights

shall be used at night to direct trucks;

32. Where overhead clearance is restricted, warning devices

shall be installed and the restricted area shall be conspicuously

marked;

33. Ramps and dumps shall be of solid construction, of ample

width, have ample side clearance and headroom, and be kept

reasonably free of spillage;

34. Lights, flares or other warning devices shall be posted

when parked equipment creates a hazard to vehicular traffic;

35. Tires shall be deflated before repairs on them are started,

and adequate means shall be provided to prevent wheel locking rims

from creating a hazard during tire inflation;

36. Any load extending more than four (4) feet beyond the rear

of the vehicle body shall be marked clearly with a red flag by day

and a red light by night;

37. A tow bar shall be used to tow heavy equipment. A safety

chain shall be used in conjunction with the tow bar; and

Oklahoma Statutes - Title 45. Mines and Mining Page 144

38. When heavy equipment is to be towed, the towing vehicle

shall be of suitable weight and strength to maintain safe control of

the load.
Okla. Stat. tit. 45, § 45-937 — OK Code / Title 45 / Section 45-937
Violations; penalty
Status: in_force

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 the fee or any part thereof; or who willfully

refuses to make and file a report or return as required by the terms

of this act; or who aids or abets another in any of the foregoing

Oklahoma Statutes - Title 45. Mines and Mining Page 154

prohibited acts, shall be guilty of a misdemeanor and, upon

conviction thereof, shall be punished as provided by law.
Okla. Stat. tit. 45, § 45-745.14 — OK Code / Title 45 / Section 45-745.14
Findings - Notice to applicant - Hearing on findings
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 82

A. If an informal conference has been held, the Department

shall issue and furnish the applicant and persons who are parties to

the administrative proceedings with the written finding of the

Department, granting or denying the permit in whole or in part and

stating the reasons therefor, within the sixty (60) days of the

hearings in the informal conference.

B. If no informal conference has been held, the Department

shall notify the applicant for a permit within a reasonable time,

whether the application has been approved or disapproved in whole or

in part.

C. If the application is approved, the permit shall be issued.

If the application is disapproved, specific reasons shall be set

forth in the notification. Within thirty (30) days after the

applicant is notified of the final decision of the Department on the

permit application, the applicant or any person with an interest

which is or may be adversely affected may request a hearing on the

reasons for the final determination. The Department shall hold a

hearing within thirty (30) days of such request and provide

notification to all interested parties at the time that the

applicant is so notified. Such hearing shall be of record,

adjudicatory in nature and no person who presided at an informal

conference shall either preside at the hearing or participate in

this decision or in any administrative appeal. Within thirty (30)

days after the hearing the Department shall issue and furnish the

applicant, and all persons who participated in the hearing, with the

written decision of the Department granting or denying the permit in

whole or in part and stating the reasons.
Okla. Stat. tit. 45, § 45-757 — OK Code / Title 45 / Section 45-757
Prime farmland - Soil restoration - Exemptions
Status: in_force

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 Secretary of Agriculture, grant a permit to mine on

prime farmland if the Department finds in writing that the operator

has the technological capability to restore such mined area, within

a reasonable time, to equivalent or higher levels of yield as non-

mined prime farmland in the surrounding area under equivalent levels

of management and can meet the soil reconstruction standards. The

requirements of this section shall apply to all permits issued after

August 3, 1977.

Oklahoma Statutes - Title 45. Mines and Mining Page 98

Nothing in this section shall apply to any permit issued prior

to August 3, 1977, or to any revisions or renewals thereof, or to

any existing surface mining operations for which a permit was issued

prior to August 3, 1977.

1. The operator shall be required to segregate the A horizon of

the natural soil, except where it can be shown that other available

soil materials will create a final soil having a greater productive

capacity; and if not utilized immediately, stockpile this material

separately from other spoil, and provide needed protection from wind

and water erosion or contamination by other acid or toxic material;

2. Segregate the B horizon of the natural soil, or underlying C

horizons or other strata, or a combination of such horizons or other

strata that are shown to be both texturally and chemically suitable

for plant growth and that can be shown to be equally or more

favorable for plant growth than the B horizon, in sufficient

quantities to create in the regraded final soil a root zone of

comparable depth and quality to that which existed in the natural

soil; and if not utilized immediately, stockpile this material

separately from other spoil, and provide needed protection from wind

and water erosion or contamination by other acid or toxic material;

3. Replace and regrade the root zone material described in

paragraph 2 above with proper compaction and uniform depth over the

regraded spoil material; and

4. Redistribute and grade in a uniform manner the surface soil

horizon described in paragraph 1 of this section.
Okla. Stat. tit. 45, § 45-1e — OK Code / Title 45 / Section 45-1e
Oklahoma Miner Training Institute - Establishment - Faculty
Status: in_force

and services - Director - Advisor.

A. There is hereby established the Oklahoma Miner Training

Institute. The Oklahoma Miner Training Institute shall administer

miner safety training programs and economic development programs to

assist the mining industry in this state.

B. The Oklahoma Mining Commission shall contract with the Board

of Regents of Eastern Oklahoma State College in Wilburton for

facilities, faculty and services necessary for the operation of the

Institute including, but not limited to, the services of a Director

of the Institute and for the development of appropriate curriculum

and other services to be offered by the Institute. The Regents of

Eastern Oklahoma State College shall appoint a Director for the

Oklahoma Miner Training Institute.

C. The Director of the Oklahoma Miner Training Institute shall

have knowledge, training, experience and ability consistent with the

Oklahoma Statutes - Title 45. Mines and Mining Page 11

functions of the Oklahoma Miner Training Institute. Further, the

Director shall have been a resident and a qualified elector of this

state for a period of at least three (3) years prior to his

selection as Director.

D. The Oklahoma Mining Commission shall act in an advisory

capacity concerning the operations of the Oklahoma Miner Training

Institute.
Okla. Stat. tit. 45, § 45-909 — OK Code / Title 45 / Section 45-909
Foreman - Duties and responsibilities
Status: in_force

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, roads to the tipple and other surface

structures. Strip pit foremen shall devote the whole of their time

to their duties when the strip mine is in operation.
Okla. Stat. tit. 45, § 45-904 — OK Code / Title 45 / Section 45-904
Records - Rights and duties of certificate holders
Status: in_force

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 duties for which said certificates declare them

qualified.
Okla. Stat. tit. 45, § 45-528.1 — OK Code / Title 45 / Section 45-528.1
Water on cutter bars and rock drills - Use required
Status: in_force

In order to promote the safety in coal mines by eliminating the

hazards of rock dust in coal mines, it is hereby made the duty of

every person or persons, partnership, association, corporation,

owner, operator and/or lessee of any coal mine in this state to

employ and use water on the cutter bars on all mining machines while

cutting rock in said mines, and on all rock drills while drilling in

said mines in rock. Rotary roof or rock drills must use water or an

approved type dust collector.
Okla. Stat. tit. 45, § 45-764 — OK Code / Title 45 / Section 45-764
Renumbered as § 792 of this title by Laws 1979, c. 249, §
Status: in_force

59, emerg. eff. June 1, 1979.
Okla. Stat. tit. 45, § 45-746 — OK Code / Title 45 / Section 45-746
Restoration of land
Status: in_force

The operator shall restore the land affected to a condition

capable of supporting the uses which it was capable of supporting

prior to any mining, or higher or better uses of which there is

reasonable likelihood, so long as such use or uses do not present

any actual or probable hazard to public health or safety or of water

diminution or pollution. The permit applicant's declared proposed

land use following reclamation shall not be impractical or

unreasonable, inconsistent with applicable land use policies and

plans, involve unreasonable delay in implementation, or violate

federal, state or local law.
Okla. Stat. tit. 45, § 45-421 — OK Code / Title 45 / Section 45-421
Shaft collars - Cribbing and timbering - Pipes and air
Status: in_force

lines.

All shaft collars shall extend at least eight (8) inches above

the immediate surrounding surface and be provided with a clear and

stable footing and hand rail on two sides of the shaft. A

sufficiently tight fence with a gate to permit access shall inclose

the shaft to prevent persons or animals from reaching the shaft

collar, and such gate shall be kept closed when access to the shaft

is not necessary. The collar of the shaft shall be sufficiently

lighted at all times when in use. All shafts sunk after the

adoption of this act shall be cribbed or timbered continuously from

the top of the shaft to the bottom of the cribbing or timbers. All

pipes, air line, and conduits running down the shaft shall be

securely fastened. All shaft pumps shall be securely covered. When

the ends of tools or material project above the top of the shaft

conveyance, the ends shall be securely fastened to the cable, or

placed in a receptacle. When electric or compressed air operated

hoisting engines are used in sinking shaft, shooting or blasting

shall be done by means of an electric battery or current. All

abandoned shafts, air shafts, drill holes, and shafts not used for

an extended period of time, shall be securely plugged, cased,

covered or fenced.
Okla. Stat. tit. 45, § 45-905 — OK Code / Title 45 / Section 45-905
Revocation of certificates - Notice
Status: in_force

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 opportunity to be heard by it in his own

behalf.
Okla. Stat. tit. 45, § 45-614 — OK Code / Title 45 / Section 45-614
Definition of special terms
Status: in_force

The term "mine committee" as used in this chapter, shall be

construed to mean the committee selected by the miners of each mine.

The terms "assistant inspector," "district inspector," and "district

mine inspector" as used in this chapter, shall be construed to mean

"assistant mine inspector." The term "operator" as used in this act

means any firm, corporation, association or individual operating any

coal or other mine in this state.
Okla. Stat. tit. 45, § 45-3 — OK Code / Title 45 / Section 45-3
Chief Mine Inspector - Assistant Mine Inpectors
Status: in_force

The Chief Mine Inspector shall be a citizen of the United States

and shall have been a resident of the State of Oklahoma for the

three (3) years prior to his appointment to office. In addition,

the Chief Mine Inspector shall have had eight (8) years' actual

experience as a practical miner. For the purposes of this section

employment as an inspector for the Department of Mines shall be

considered practical mining experience. The Chief Mine Inspector

shall be appointed by the Governor by and with the consent of the

Senate for a term of four (4) years to run concurrently with the

term of the Governor. At any time that such office becomes vacant,

the Governor shall appoint with the consent of the Senate a

successor to complete the unfinished term of office.

The Deputy Chief Mine Inspector shall possess the same residency

requirements necessary for the Chief Mine Inspector. The Deputy

Chief Mine Inspector shall be appointed by and shall serve at the

pleasure of the Governor and shall be under the direction of the

Chief Mine Inspector. The Deputy Chief Mine Inspector shall assume

all of the duties and responsibilities of the Chief Mine Inspector

in the absence of the Chief Mine Inspector.

The assistant mine inspectors shall be appointed by and at all

times be under the direction of the Chief Mine Inspector. The

assistant mine inspectors appointed to inspect underground mining

operations shall have a minimum of three (3) years' practical mining

experience, and shall have obtained as a minimum a certificate of

competency as a mine foreman.
Okla. Stat. tit. 45, § 45-733 — OK Code / Title 45 / Section 45-733
Legal assistance
Status: in_force

At the request of the Department the Attorney General shall

provide such legal assistance as may be needed in interpreting,

enforcing and carrying out the provisions of this act including but

not limited to institution of and prosecuting legal actions and

proceedings for injunctive relief and this improvement shall include

the provisions of Section 17 hereof.
Okla. Stat. tit. 45, § 45-732 — OK Code / Title 45 / Section 45-732
Powers and duties of Department
Status: in_force

In addition to the duties and powers conferred on the Department

in other provisions of this act, the Department shall have authority

and power to:

(a) Adopt and promulgate reasonable rules and regulations

respecting the administration of this act and in conformity

therewith and the Administrative Procedures Act.

(b) Order, after hearing, the revocation of any permit issued

hereunder for violation of this act.

(c) Cause to be instituted, in any court of competent

jurisdiction, legal proceedings for injunctive or other appropriate

relief to enforce this act.

(d) Make investigations and inspections which are necessary or

appropriate to insure compliance with this act.

(e) Collect and disseminate information relating to reclamation

of affected lands.

(f) Request the assistance of any federal or state agency for

technical advice or any other type of assistance deemed necessary to

carry out the purposes of this act.
Okla. Stat. tit. 45, § 45-477 — OK Code / Title 45 / Section 45-477
May stop mining, when
Status: in_force

Such inspector, and each of his assistants, shall also have

power to immediately stop the operation of any mine or part thereof

where any dangerous or unlawful conditions are found: Provided,

however, that where conditions exist justifying him to do so, he may

grant a reasonable length of time for making repairs: And provided,

further, that where any stops are enforced, such inspector and each

of his assistants shall have the power subsequently to allow such

mine or part of mine to be reopened when the dangerous or unlawful

conditions have been remedied, or removed, so that they no longer

exist.

Oklahoma Statutes - Title 45. Mines and Mining Page 30
Okla. Stat. tit. 45, § 45-528.2 — OK Code / Title 45 / Section 45-528.2
Violations by mine owners, operators, etc
Status: in_force

Any person or persons, partnership, association, corporation,

owner, operator and/or lessee of any coal mine in this state, who

shall violate the provisions of Sections 528.1, 528.2, and 528.3 of

this title, shall be deemed guilty of a misdemeanor and, upon

conviction, shall be fined in any sum not less than Fifty Dollars

($50.00), nor more than Five Hundred Dollars ($500.00), and each

separate instance of the violation of this act, either by the

cutting machines or rock drills, shall be deemed a separate offense.
Okla. Stat. tit. 45, § 45-435 — OK Code / Title 45 / Section 45-435
Neglect or failure to perform requirements - Penalty
Status: in_force

The neglect, failure or refusal to perform or comply with the

authorized requirement of said Mining Inspector, acting under the

provisions of this act, by any firm, association, corporation,

person or parties required to perform them, shall be a misdemeanor,

and where the duty so neglected, failed or refused to be performed

is required of a corporation, then its officer or agent in charge of

the mine, shall be guilty, as hereinbefore provided for in this

section, and shall upon conviction thereof be punished by a fine of

not exceeding Five Hundred Dollars ($500.00) provided, that as to

Oklahoma Statutes - Title 45. Mines and Mining Page 28

duties imposed by the Mining Inspector taken before the said

district court for review, this section shall not apply except as

to, from and after the order finally promulgated by order of said

district court and provided further this section shall not apply to

an operator who has ceased mining operations and the working of men

except such as are necessary to dewater and preserve the mine

involved.
Okla. Stat. tit. 45, § 45-528.3 — OK Code / Title 45 / Section 45-528.3
Violations by miners and persons operating drills or
Status: in_force

machines.

It is hereby also unlawful for any person, miner, operator of a

rock drill or machine runner to operate either a mining machine when

cutting or drilling in rock without water on cutter bar or rock

drill contrary to the provisions of Sections 528.1-528.3, and any

such person so doing shall be guilty of a misdemeanor and, upon

conviction thereof, shall be fined in any sum not less than Twenty-

five Dollars ($25.00), nor more than One Hundred Dollars ($100.00),

and each separate operation shall constitute a separate offense.
Okla. Stat. tit. 45, § 45-745.8 — OK Code / Title 45 / Section 45-745.8
Criteria for approval of permit or revision application
Status: in_force

No permit or revision application shall be approved unless the

application affirmatively demonstrates and the Department finds in

writing, on the basis of the information set forth in the

Oklahoma Statutes - Title 45. Mines and Mining Page 78

application or from information otherwise available, which will be

documented in the approval and made available to the applicant,

that:

1. The permit application is accurate and complete and that all

the requirements of this act have been complied with;

2. The applicant has demonstrated that reclamation as required

by this act can be accomplished under the reclamation plan contained

in the permit application;

3. The assessment of the probable cumulative impact of all

anticipated mining in the area on the hydrologic balance has been

made by the Department and the proposed operation has been designed

to prevent material damage to hydrologic balance outside the permit

area;

4. The area proposed to be mined is not included within an area

designated unsuitable for surface coal mining, or is not within an

area under study for such designation unless the operator

demonstrates he has made substantial legal and financial commitments

to the operation prior to January 1, 1977; and

5. In cases when the private coal or other mineral estate has

been severed from the private surface estate, the applicant has

submitted to the Department:

a. the written consent of the surface owner to the

extraction of coal by surface mining methods, or

b. a conveyance that expressly grants or reserves the

right to extract the coal by surface mining methods.

If the conveyance does not expressly grant the right to extract

coal by surface mining methods, the surface-subsurface legal

relationship shall be determined in accordance with state law.

Nothing in this act shall be construed to authorize the Department

to adjudicate property rights disputes.
Okla. Stat. tit. 45, § 45-604 — OK Code / Title 45 / Section 45-604
Punishment for offense
Status: in_force

Every person who shall violate any of the provisions of Section

twelve of this act shall be deemed guilty of a misdemeanor, and upon

conviction thereof shall be fined in a sum of not more than One

Hundred Dollars ($100.00) or imprisonment not to exceed one (1)

Oklahoma Statutes - Title 45. Mines and Mining Page 43

month in the county jail or both such fine and imprisonment in the

discretion of the court.
Okla. Stat. tit. 45, § 45-768 — OK Code / Title 45 / Section 45-768
Reports of violations of act - Informal review -
Status: in_force

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 has reason to believe exists at the surface mining site. If

the person who is or may be adversely affected by surface mining

operations states in such writing that he desires the source of the

complaint or writing kept confidential, the Department shall

maintain such information in confidence. The Chief Mine Inspector

shall, by regulation, establish procedures for informal review of

any refusal by a representative of the Chief Mine Inspector to issue

a citation with respect to any such alleged violation. The Chief

Mine Inspector shall furnish such persons requesting the review a

written statement of the reasons for the Chief Mine Inspector's

final disposition of the case.

B. The Chief Mine Inspector shall also, by regulation,

establish procedures to ensure that adequate and complete

inspections are made. Any such person may notify the Chief Mine

Inspector of any failure to make such inspections, after which the

Chief Mine Inspector shall determine whether adequate and complete

inspections have been made. The Chief Mine Inspector shall furnish

such persons a written statement of the reasons for the Chief Mine

Inspector's determination that adequate and complete inspections

have or have not been conducted.
Okla. Stat. tit. 45, § 45-778 — OK Code / Title 45 / Section 45-778
Suspension or revocation of permit
Status: in_force

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, the Department shall immediately issue an

order to the permittee to show cause as to why the permit should not

be suspended or revoked and shall provide opportunity for a public

hearing. If a hearing is requested the Department shall inform all

interested parties of the time and place of the hearing. Upon the

permittee's failure to show cause as to why the permit should not be

suspended or revoked, the Department shall immediately suspend or

revoke the permit.
Okla. Stat. tit. 45, § 45-902 — OK Code / Title 45 / Section 45-902
Certificate of competency - Violations - Examinations -
Status: in_force

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 State Mining Board to an applicant

for a certificate of competency as superintendent, mine foreman or

shot firer shall include a written or oral or written and oral

examination to determine that he fully understands the requirements

of the mining laws of Oklahoma.

Each applicant shall hold a first-aid certificate issued to him

within two (2) years previous to the date of the examination by an

organization recognized by the State Mining Board.

Certificates of competency for the positions enumerated shall be

granted to persons who have given the Chief Executive Officer of the

Board satisfactory evidence of their ability to perform the duties

of the positions applied for and who have obtained the necessary

grades as determined by the Board for respective positions. In

determining the grade of each applicant, due respect shall be given

to the applicant's previous experience and record of service which

shall have equal weight with the oral or written examination given

to test the practical and technical knowledge of the applicant for

the certificate of competency being sought. Provided, however,

successful completion of the course of instruction provided by the

Oklahoma Miner Training Institute (OMTI) or other courses of

instruction provided by other training facilities and approved by

the Board shall be considered as having met this examination

requirement.
Okla. Stat. tit. 45, § 45-745.7 — OK Code / Title 45 / Section 45-745.7
Grant, modification or denial of application for permit
Status: in_force

- Notice to applicant - Burden of proof - Notice to political

subdivisions.

Upon the basis of a complete mining application and reclamation

plan, including public notification and an opportunity for a public

hearing, the Department shall grant, require modification of or deny

the application for a permit in a reasonable time and notify the

applicant in writing. The applicant for a permit, or revision of a

permit, shall have the burden of establishing that his application

is in compliance with all the requirements of the law. Within ten

(10) days after the granting of a permit, the Department shall

notify the local governmental officials in the political subdivision

in which the area of land to be affected is located that a permit

has been issued and shall describe the location of the land.
Okla. Stat. tit. 45, § 45-1.2 — OK Code / Title 45 / Section 45-1.2
Violation of Board order - Notice - Hearing - Misdemeanor
Status: in_force

- Injunction - Action.

A. Whenever the Board determines there are reasonable grounds

to believe there has been a violation of any order of the Board

adopted pursuant to Title 45 of the Oklahoma Statutes, it shall give

written notice to the alleged violator specifying the cause of the

complaint. Such notice shall require that the matters complained of

be corrected within a specified time or that the alleged violator

appear before the Board at a time and place specified in the notice

to answer the charges. The notice shall be delivered to the alleged

violator in accordance with the provisions of subsection C of this

section not less than twenty (20) days before the time set for the

hearing.

B. The Board shall afford the alleged violator an opportunity

for a hearing in conformity with the Administrative Procedures Act.

On the basis of the evidence produced at the hearing, the Board

shall make findings of fact and conclusions of law and enter an

order thereon. The Board shall give written notice of such order to

the alleged violator. The order of the Board shall become final and

binding on all parties unless appealed to the district court within

thirty (30) days after notice of such order has been sent to the

parties.

C. Any notice, order or other instrument issued by the Board

pursuant to this section may be served either personally, by

publication, or by mailing a copy by registered mail directed to the

alleged violator at his last-known address as shown by the files or

Oklahoma Statutes - Title 45. Mines and Mining Page 8

records of the Board. Proof of such service shall be filed in the

office of the Board.

D. Unless otherwise specified by law, any person who violates

any of the provisions of Title 45 of the Oklahoma Statutes or who

violates any order or determination of the Board promulgated

pursuant to this section shall be guilty of a misdemeanor and in

addition thereto may be enjoined from continuing such violation.

Each day upon which such violation occurs shall constitute a

separate violation.

The Attorney General, on the request of the Board, shall bring

an action against any person violating any order or determination of

the Board adopted pursuant to Title 45 of the Oklahoma Statutes.
Okla. Stat. tit. 45, § 45-524 — OK Code / Title 45 / Section 45-524
Use of oil and grease
Status: in_force

The oiling or greasing of cars inside of the mines is strictly

forbidden, unless the place where said oil or grease is used is

thoroughly cleansed once every day to prevent the accumulation of

waste oil or grease on the roads or in the drains at that point. Not

more than one (1) barrel of lubricating oil shall be permitted in

the mine at any one time. No explosive oil shall be used or taken

into the mines for lighting purposes except when used in approved

safety lamps, and oil shall not be stored or taken into the mines in

quantities exceeding five (5) gallons. Only pure oils, as free from

smoke as pure animal oil shall be sold or used for illuminating

purposes in any mine. Any person selling for use in mines, or any

person using, explosive or impure oils in any mine contrary to this

section, shall be punished by a fine of not less than Fifty Dollars

($50.00) nor more than Two Hundred Dollars ($200.00), or

imprisonment in the county jail not to exceed thirty (30) days, or

both such fine and imprisonment. For special convenience, the

operator shall keep on hand a supply of pure oil for illuminating

purposes, to comply with the requirements of this section, when

requested to do so by a majority of the miners working therein.
Okla. Stat. tit. 45, § 45-8 — OK Code / Title 45 / Section 45-8
Temporary permits
Status: in_force

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 meeting of the Board or not to exceed thirty-one (31)

days.
Okla. Stat. tit. 45, § 45-45 — OK Code / Title 45 / Section 45-45
Study of mining laws - Recommendations and proposed
Status: in_force

legislation.

In addition to its other powers, the Oklahoma Mining Commission

is authorized and directed, within the limits of funds available to

it, to engage in a continuing study of the mining laws of this

state, and of changes therein required in order to carry out to the

greatest practicable extent the policies, goals, objectives and

recommendations of the Commission, and to make recommendations and

prepare proposed legislation for such purposes. Such

recommendations and proposed legislation shall, as they are

completed, be filed with the President Pro Tempore of the Senate and

the Speaker of the House of Representatives.
Okla. Stat. tit. 45, § 45-763 — OK Code / Title 45 / Section 45-763
Renumbered as § 791 of this title by Laws 1979, c. 249, §
Status: in_force

59, emerg. eff. June 1, 1979.
Okla. Stat. tit. 45, § 45-742.1 — OK Code / Title 45 / Section 45-742.1
Short title - Intent of Legislature - Application of act
Status: in_force

- Public policy - Purpose of act.

This act shall be known and may be cited as the "Coal

Reclamation Act of 1979".

Oklahoma Statutes - Title 45. Mines and Mining Page 63

It is the intent of the Oklahoma Legislature that the Coal

Reclamation Act of 1978, Sections 742 et seq. of Title 45 of the

Oklahoma Statutes, and this Coal Reclamation Act of 1979, be read

together as the law regulating the reclamation of lands affected by

surface coal mining operations and the surface effects of

underground coal mining, to bring Oklahoma into compliance with

Public Law 95-87, the "Surface Mining Control and Reclamation Act of

1977".

The provisions of the Mining Lands Reclamation Act, Sections 721

through 728 of Title 45 of the Oklahoma Statutes, shall not apply to

surface coal mining operations or the surface effects of underground

coal mining operations.

The Oklahoma Legislature finds and declares that coal mining

operations presently contribute significantly to the nation's energy

requirements, that Oklahoma's coal production is part of those

energy requirements, and that the cooperative effort established by

this act is necessary to prevent or mitigate adverse environmental

effects of all surface mining operations.

It is the purpose of this act to protect the rights of surface

owners and the environment, and to require reclamation of lands

affected by surface and underground coal mining in a manner

compatible with the social, environmental and aesthetic needs of

this state. If reclamation is not feasible, surface mining

operations should not be conducted. It is the intent of the

Legislature to insure the existence of an expanding and economically

healthy coal mining industry and that there be public participation

in the development of rules and regulations appropriate to the State

of Oklahoma and that the Department of Mines exercise the full reach

of its powers to insure the protection of the public interest

through the effective control of surface mining operations.
Okla. Stat. tit. 45, § 45-527 — OK Code / Title 45 / Section 45-527
Precautions against dust or explosive matter
Status: in_force

In case any entry, or room in any coal mine in this state is so

dry that the air becomes clogged with dust, the operator, owner,

lessee or agent, or whoever is operating said mine in any capacity,

shall have such entry, airway or room, regularly and thoroughly

sprinkled, sprayed and dampened with water, so that the air will not

be charged with dust, or if that be impracticable, then the dust

shall be removed from the mine and shall not be deposited in any

place in the mine where it would be again distributed in the

atmosphere by the ventilating currents. It shall be the duty of the

district inspector to enforce all possible preventative measures

necessary to maintain the safety of all persons employed in any mine

against the gathering or accumulation of any combustible matter that

is explosive in its nature, and shall cause the operator, or

whosoever is operating such mine as owner, lessee, agent, or in any

capacity, to immediately remove any such accumulated matter.
Okla. Stat. tit. 45, § 45-740.5 — OK Code / Title 45 / Section 45-740.5
Property adversely affected by past coal mining
Status: in_force

practices - Entry - Acquisition - Title - Disposition.

A. If the Commission makes a finding of fact that:

Land or water resources have been adversely affected by past

coal mining practices; and the adverse effects are at a stage where,

in the public interest, action to restore, reclaim, abate, control

or prevent the adverse effects of past coal mining practices should

be taken; and the owners of the land or water resources where entry

must be made to restore, reclaim, abate, control or prevent the

adverse effects of past coal mining practices are not known, or

readily available; or the owners will not give permission for the

state or any political subdivision to enter on the property to

restore, reclaim, abate, control or prevent the adverse effects of

past coal mining practices; then, on giving notice by mail to the

owners of record, if known, or, if not known, by posting notice on

the premises and advertising once in a newspaper of general

circulation in the county in which the land lies, the Commission is

entitled to enter on the property adversely affected by the past

coal mining practices and any other necessary access property to do

all things necessary or expedient to restore, reclaim, abate,

control or prevent the adverse effects. This entry shall not be

construed as an act of condemnation of property nor of trespass. The

monies expended for that work and the benefits accruing to those

premises entered on shall be chargeable against the land and shall

mitigate or offset any claim or action brought by any owner of any

interest in the premises for damages by virtue of such entry;

provided, this provision is not intended to create new rights of

action or eliminate existing immunities.

B. The Commission is entitled to enter on any property for the

purposes of conducting studies or exploratory work to determine the

existence of adverse effects of past coal mining practices and to

determine the feasibility of restoration, reclamation, abatement,

control or prevention of those adverse effects. Such entry shall

not be construed as an act of condemnation of property nor of

trespass.

Oklahoma Statutes - Title 45. Mines and Mining Page 61

C. The state may acquire any land, where it is to the public

interest, by purchase, donation or condemnation, that is adversely

affected by past coal mining practices if the Commission determines

that acquisition of the land is necessary to successful reclamation

and that:

1. The acquired land, after restoration, reclamation,

abatement, control or prevention of the adverse effects of past coal

mining practices, will serve recreation and historic purposes,

conservation and reclamation purposes, or provide open space

benefits; and

2. Permanent facilities, such as a treatment plant or a

relocated stream channel, will be constructed on the land for the

restoration, reclamation, abatement, control or prevention of the

adverse effects of past coal mining practices; or

3. Acquisition of coal refuse disposal sites and all coal

refuse on those sites will serve the purposes of this section or

that public ownership is desirable to meet emergency situations and

prevent recurrences of the adverse effects of past coal mining

practices.

D. Title to all land acquired pursuant to this section shall be

in the name of the state.

E. Where land acquired pursuant to this section is deemed to be

suitable for industrial, commercial, residential or recreational

development, the state may sell the land by public sale under a

system of competitive bidding, at not less than fair market value

and under such rules as are promulgated to insure that the land is

put to proper use consistent with local plans, if any, as determined

by the Commission. Where federal funds are involved in the

acquisition of the land to be sold, the land may be sold only when

authorized by the Secretary of the United States Department of the

Interior. The Commission, after appropriate public notice, shall

hold a public hearing in the county or counties of the state in

which land acquired pursuant to this section is located. The

hearings shall be held at a time that shall afford local citizens

and governments the maximum opportunity to participate in the

decision concerning the use or disposition of the land after

restoration, reclamation, abatement, control or prevention of the

adverse effects of past coal mining practices.
Okla. Stat. tit. 45, § 45-507 — OK Code / Title 45 / Section 45-507
Openings to be separated by natural strata
Status: in_force

In all shaft mines the openings to the surface hereinbefore

provided for shall be separated from each other by natural strata at

all points by a distance of not less than one hundred fifty (150)

feet, and at all mines worked by slope openings, the distance

separating openings shall not be less than fifty (50) feet of

natural strata: Provided, that in any mine opened heretofore the

distance between said openings may be less, if the mine inspector of

the district shall deem it impracticable to comply with the

foregoing requirements. Where the two openings shall not have been

provided as hereinbefore required, the mine inspector shall cause

the second opening to be made in every mine without delay and in no

case shall furnace ventilation be used where there is only one

opening into the mine.
Okla. Stat. tit. 45, § 45-510 — OK Code / Title 45 / Section 45-510
Angle of traveled slope
Status: in_force

At any mine where one of the two openings as required herein, is

a slope and is used as a traveling way, it shall not have a greater

angle of descent than twenty degrees (20o) and may be of any depth.
Okla. Stat. tit. 45, § 45-740.1 — OK Code / Title 45 / Section 45-740.1
Short title
Status: in_force

This act may be cited as the "Oklahoma Abandoned Mine

Reclamation Act".
Okla. Stat. tit. 45, § 45-1 — OK Code / Title 45 / Section 45-1
Oklahoma Mining Commission - Status - Appointment - Term -
Status: in_force

Membership - Meetings - Removal - Vacancies - Officers.

A. 1. There is hereby created the Oklahoma Mining Commission.

The Commission shall be composed of nine (9) members to be appointed

by the Governor with the advice and consent of the Senate.

2. The Commission shall constitute a body corporate of the

State of Oklahoma, and exercise by the Commission of the powers

conferred by this act shall be deemed and shall be held to be an

essential governmental function of the State of Oklahoma.

3. Beginning January 1, 1986, one member shall be appointed for

a term of one (1) year (Position One); one member shall be appointed

for a term of two (2) years (Position Two); one member shall be

appointed for a term of three (3) years (Position Three); one member

shall be appointed for a term of four (4) years (Position Four); one

member shall be appointed for a term of five (5) years (Position

Five); two members shall be appointed for a term of six (6) years

(Positions Six and Seven); and two members shall be appointed for a

term of seven (7) years (Positions Eight and Nine).

4. After the initial terms, appointments shall be made for

seven (7) years. All appointments made for seven-year terms

commencing prior to June 1, 1995, are hereby ratified. Each member

shall be a qualified elector of this state.

5. The membership shall consist of at least one person with a

background in engineering or geology; one person with a background

in labor or workers' safety; one person with a background in

agriculture or soil conservation; one person with a background in

transportation; one person with a background in economic development

or banking; one person with a background in public utilities; one

person with a background in natural resources; and two persons

selected at large. All persons appointed to the Commission must be

able to meet, at the time they take the constitutional and statutory

oath of office, the provisions in Section 767 of this title, 30

U.S.C. Section 1267(g) and 30 C.F.R. Section 705.

B. The Commission shall meet at least six times annually. A

majority of the Commission shall constitute a quorum. Commission

members may be removed only for cause.

Whenever a vacancy shall occur, the Governor shall appoint a

person to fill the unexpired term of the vacant office. Each member

of the Commission shall take and subscribe to the constitutional and

statutory oath of office prior to the performance of any duties as a

Commission member.

C. The Commission shall reorganize annually by electing a

chair, vice-chair and secretary from the membership of the

Commission who shall perform, for one (1) year from the date of

their election, such duties as shall be prescribed by the

Commission.

Oklahoma Statutes - Title 45. Mines and Mining Page 7

D. The chair of the Commission or the Director may call a

meeting of the Commission at any time and at any place within the

state. Only in case of a tie vote shall the Director have the right

to vote. Prior to all meetings of the Commission, notice of such

meetings shall be in accordance with the applicable state meeting

laws.

E. The term "State Mining Board" appearing in the Oklahoma

Statutes shall mean the "Oklahoma Mining Commission". The term

"Chief Mine Inspector" appearing in the Oklahoma Statutes shall mean

"Director of the Department of Mines" in the absence of an appointed

Chief Mine Inspector.
Okla. Stat. tit. 45, § 45-603 — OK Code / Title 45 / Section 45-603
Cheating by molesting check numbers on cars
Status: in_force

It shall be unlawful for any person to change, exchange,

substitute, alter or remove any number or check number placed upon

any car or pit car in or about any mine in the State of Oklahoma,

with intent to cheat or defraud any other person out of the value of

his services in mining or unloading the coal or mineral contained in

such car or pit car; and it shall be unlawful for any person, with

the intent to cheat or defraud another, to place any number or check

number upon any car or pit car unloaded by any other person in or

about any mine.
Okla. Stat. tit. 45, § 45-414 — OK Code / Title 45 / Section 45-414
Examination and inspection of mines - Time and manner
Status: in_force

It shall be the duty of the Mine Inspector from time to time to

enter and examine any and all said mines in the State of Oklahoma

and to inspect any and all machinery and equipment used in

connection therewith, either underground or on the surface and

Oklahoma Statutes - Title 45. Mines and Mining Page 21

including any mill, concentrating plant or tailing mill used in

preparation of the product for market. And the operator shall at

all reasonable times, while in operation, upon request furnish

necessary facilities for such entry and examination. Such

inspection shall be done at a time and in a manner so as not to

obstruct or hinder the operation of said mine or mines except that

in case of emergency where the life or safety of employees is in

imminent peril, the Inspector shall make immediate examination and

it shall in such case of emergency be the duty of the operator upon

request of the Inspector to furnish the use of any installed

equipment for his assistance in making said examination. A failure

of said operator to perform any duty imposed in this section shall

be a misdemeanor and be punished as such as hereinafter provided.
Okla. Stat. tit. 45, § 45-34 — OK Code / Title 45 / Section 45-34
Office - Property of state
Status: in_force

The Chief Mine Inspector shall have an office at the seat of

government in which he shall keep the maps and plans of all mines in

the state and all records, correspondence, papers, apparatus and

other property belonging to the state pertaining to his office. All

such property shall be kept in accessible and convenient form, in a

fire proof vault convenient to his office and furnished by the

state, for reference by persons entitled to examine them. The Chief

Mine Inspector shall not permit such maps, plans, records and papers

to be removed from his office.
Okla. Stat. tit. 45, § 45-766 — OK Code / Title 45 / Section 45-766
Right of entry - Inspections - Signs - Violations - Public
Status: in_force

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 determine

whether the provisions of this act have been complied with, and may

at reasonable times, and without delay, have access to and copy any

records, inspect any monitoring equipment or method of operation

required under this act.

B. The inspections by the Department shall:

Oklahoma Statutes - Title 45. Mines and Mining Page 102

1. Occur on an irregular basis averaging at least one partial

inspection per month for each active surface coal mining and

reclamation operation covered by permit. Partial inspections on

each inactive surface coal mining and reclamation operation covered

by permit shall be conducted as necessary to ensure the effective

enforcement of this act. At least one complete inspection shall be

conducted per calendar quarter on each active and inactive surface

coal mining and reclamation operation covered by permit.

For the purpose of this section, an inactive surface coal mining

and reclamation operation is defined as those operations which have

obtained at least a sixty percent (60%) bond release pursuant to

paragraph 1 of subsection A of Section 772 of this title. All other

surface coal mining operations shall be considered as active;

2. Occur without prior notice to the permittee or his agents or

employees except for necessary on-site meetings with the permittee;

and

3. Include the filing of inspection reports adequate to enforce

the requirements of and to carry out the terms and purposes of this

act.

C. Each permittee shall maintain in a conspicuous place at the

entrances to the surface coal mining and reclamation operations

clearly visible signs which set forth the name, business address and

phone number of the permittee and the permit number of the surface

coal mining and reclamation operations.

D. Each inspector, upon detection of each violation of any

requirement of this act, shall immediately inform the operator in

writing of the violation, and shall report in writing any such

violation to the Department.

E. Copies of any records, reports, inspection materials or

information obtained under this act by the Department shall be made

immediately available for inspection by the public at central and

sufficient locations designated by the Department in the county,

multicounty and state area of mining so that they are conveniently

available to residents in the areas of mining, excepting such

information required to be kept confidential by this act.
Okla. Stat. tit. 45, § 45-737 — OK Code / Title 45 / Section 45-737
Governmental agencies to conform
Status: in_force

Any municipal or county governmental agency or body engaged in

mining as defined in this act shall conform to all requirements of

this act respecting reclamation of affected lands.
Okla. Stat. tit. 45, § 45-745.2 — OK Code / Title 45 / Section 45-745.2
Term of permit - Fee - Transferability
Status: in_force

All permits issued pursuant to the requirements of this act

shall be issued for a term not to exceed five (5) years. A

successor in interest to a permittee who applies for a new permit

within thirty (30) days of succeeding to such interest and who is

able to obtain the bond coverage of the original permittee may, upon

payment of a fee of Five Hundred Dollars ($500.00) to the

Department, continue surface coal mining and reclamation operations

according to the approved mining and reclamation plan of the

original permittee until such successor's application is granted or

denied.
Okla. Stat. tit. 45, § 45-740.6 — OK Code / Title 45 / Section 45-740.6
Liens
Status: in_force

A. Within six (6) months after the completion of projects to

restore, reclaim, abate, control or prevent the adverse effects of

past mining practices on privately owned land, the Commission shall

itemize the monies so expended and may file a statement of the

monies spent with the clerk of the county in which the land lies,

together with a notarized appraisal by an independent appraiser of

Oklahoma Statutes - Title 45. Mines and Mining Page 62

the value of the land before the restoration, reclamation,

abatement, control or prevention of adverse effects of past mining

practices if the monies so expended result in a significant increase

in property value. The statement shall constitute a lien on the

land. The lien shall not exceed the amount determined by either of

two appraisals to be the increase in the market value of the land as

a result of the restoration, reclamation, abatement, control or

prevention of the adverse effects of past mining practices. No lien

shall be filed against the property of any person, in accordance

with this subsection, who owned the surface prior to May 2, 1977,

and who neither consented to nor participated in nor exercised

control over the mining operation that necessitated the reclamation

performed hereunder.

B. Any affected landowner may petition the Commission within

sixty (60) days of the filing of the lien for a hearing concerning

the amount of the lien. That hearing and any appeal will be

conducted under the provisions of Sections 301 et seq. of Title 75.
Okla. Stat. tit. 45, § 45-745.13 — OK Code / Title 45 / Section 45-745.13
Objections to application for permit - Informal
Status: in_force

conference - Hearings.

A. Any person having an interest which is or may be adversely

affected, or the chief administrative officer of any federal, state

or local governmental agency or authority, shall have the right to

file written objections to the application for a permit with the

Department within thirty (30) days after the last publication of the

notice. Such objections shall immediately be transmitted to the

applicant by the Department and shall be made available to the

public. If written objections are filed and an informal conference

requested, the Department shall then hold an informal conference in

the locality of the proposed mining. The date, time and location of

such informal conference shall be advertised by the Department in a

newspaper of general circulation in the locality at least two (2)

weeks prior to the scheduled conference date. The Department may

arrange with the applicant, upon request by any party to the

application process, access to the proposed mining area for the

purpose of gathering information relevant to the proceeding. An

electronic or stenographic record shall be made of the conference

proceeding, unless waived by all parties. Such record shall be

maintained and shall be accessible to the parties until final

release of the applicant's performance bond. In the event all

parties requesting the informal conference stipulate agreement prior

to the requested informal conference and withdraw their requests,

such informal conference need not be held.

B. Where the lands included in an application for a permit are

the subject of a federal coal lease in connection with which

hearings were held and determinations were made under the Mineral

Lands Leasing Act, as amended, 30 U.S.C. 201a, such hearings shall

be deemed as to the matters covered to satisfy the requirements of

this section and Section 17 of this act and such determinations

shall be deemed to be a part of the record and conclusive for

purposes of this section and Section 17 of this act.
Okla. Stat. tit. 45, § 45-791.1 — OK Code / Title 45 / Section 45-791.1
Alternative reclamation practices
Status: in_force

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 individual cases on an

experimental basis from the environmental protection performance

standards promulgated under Sections 746 through paragraph 2 of

Section 760 of Title 47 of the Oklahoma Statutes. Such practices may

be authorized if:

1. The experimental practices are potentially more or at least

as environmentally protective, during and after mining operations,

as those required by promulgated standards;

2. The mining operations approved for particular land use or

other purposes are not larger or more numerous than necessary to

determine the effectiveness and economic feasibility of the

experimental practices; and

3. The experimental practices do not reduce the protection

afforded public health and safety below that provided by promulgated

standards.
Okla. Stat. tit. 45, § 45-31 — OK Code / Title 45 / Section 45-31
Chief Mine Inspector - Annual report to Governor
Status: in_force

On or before the first day of August of each year, the Chief

Mine Inspector shall submit to the Governor a report on the various

systems of mining practiced in the state, methods of mine

ventilation, type of machinery employed, and such other matters as

may pertain to the general welfare of the public, miners and others

connected with mining.
Okla. Stat. tit. 45, § 45-777 — OK Code / Title 45 / Section 45-777
Abatement of violation - Notice - Hearing - Cessation
Status: in_force

orders.

If the Department determines that any permittee is in violation

of any requirement of this act or any permit condition required by

Oklahoma Statutes - Title 45. Mines and Mining Page 111

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 cause significant, imminent environmental harm to land, air or

water resources, the Department shall issue a notice to the

permittee or his agent fixing a reasonable time not to exceed ninety

(90) days for the abatement of the violation and providing

opportunity for public hearing.

If, upon expiration of the period of time as originally fixed or

subsequently extended, for good cause shown and upon the written

finding of the Department, the Department finds that the violation

has not been abated, it shall immediately order a cessation of

surface coal mining and reclamation operations or the portion

thereof relevant to the violation. Such cessation order shall

remain in effect until the Department determines that the violation

has been abated, or until modified, vacated or terminated by the

Department. In the order of cessation issued by the Department

under this section, the Department shall determine the steps

necessary to abate the violation in the most expeditious manner

possible, and shall include the necessary measures to abate in the

order.
Okla. Stat. tit. 45, § 45-745.3 — OK Code / Title 45 / Section 45-745.3
Termination of permit - Extension
Status: in_force

A permit shall terminate if the permittee has not commenced the

surface coal mining operations covered by such permit within three

(3) years of the issuance of the permit. The Department may grant

reasonable extensions of time upon a showing and a finding by the

Department that such extensions are necessary by reason of

litigation precluding such commencement or threatening substantial

economic loss to the permittee, or by reason of conditions beyond

Oklahoma Statutes - Title 45. Mines and Mining Page 73

the control and without the fault or negligence of the permittee;

provided, further that with respect to coal to be mined for use in a

synthetic fuel facility or specific major electric generating

facility, the permittee shall be deemed to have commenced surface

mining operations at such time as the construction of the synthetic

fuel or generating facility is initiated.
Okla. Stat. tit. 45, § 45-5 — OK Code / Title 45 / Section 45-5
Certificates - Contents - Fees
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 14

Certifications required by this title shall be issued under the

signature and seal of the Oklahoma Mining Commission. Such

certificates shall bear the date of issuance, full name and age of

the recipient and shall designate the position for which the

recipient is certified by the Commission. Applications for

certificates of competency shall be accompanied with the following

fees:

1. Superintendent $20.00

2. Mine foreman 15.00

3. Fire boss 10.00

4. Shot-firer 10.00

5. Certified surface blaster 10.00

6. Hoisting engineer 10.00

7. Practical miner 5.00
Okla. Stat. tit. 45, § 45-417 — OK Code / Title 45 / Section 45-417
Dust - Water lines - Sprinkling attachments
Status: in_force

The Mine Inspector is hereby authorized, empowered and directed

to thoroughly inspect all underground excavations in all such mines

as often as such Inspector may deem proper, for the purpose of

ascertaining or discovering in the air in any such mine or mines the

presence of dust in such quantities as shall be injurious to the

health of the employees engaged in working in such underground

excavations; and upon finding dust in the air of any such mine or

mines in quantities exceeding three hundred particles per cubic

centimeter, as shall tend to injure the health of the employees of

such mine, such Inspector shall immediately notify the operator of

such mine or mines, in writing, specifying the underground

excavation so found to contain dust particles in excessive amounts,

as aforesaid in the air thereof, and such operator of such mine or

mines shall within fifteen (15) days after receiving such written

notice, provide, install, and equip, and thereafter at all times

maintain in such mine, a water line fully equipped, and in good

Oklahoma Statutes - Title 45. Mines and Mining Page 23

serviceable working order and repair, leading up to the face of any

and all drifts where dust is produced, or so close to the face of

said drifts so that by the use of a suitable hose extension or

sprinkling attachments to be supplied by the owner or owners of said

mine, the mineral or earth in and adjoining the face of the drift or

drifts of such mine can be sprinkled or wet by water from said

pipeline; thereupon and thereafter, every person drilling, squibbing

or blasting in said mine shall keep the face, surface, and drill

holes in said drifts or drift wet or moist by the use of water from

said water line to such an extent in such a way as shall prevent, as

far as possible, any dust raising from the working of any such face,

or from the drilling, blowing, or shooting of any hole or holes; and

the ground foreman in charge of the underground workings in any such

mine or mines, so equipped with a water line, shall require all

ground or dirt after being shot or blasted to be thoroughly wet or

sprinkled to such an extent as shall prevent, as far as is

practicable any dust from arising therefrom, while the employees are

at work therein.
Okla. Stat. tit. 45, § 45-765 — OK Code / Title 45 / Section 45-765
Data collection and analysis
Status: in_force

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, intervals and in such manner as the

Department shall prescribe, and provide such other information

relative to surface coal mining and reclamation operations as the

Department deems reasonable and necessary.

B. For those surface coal mining and reclamation operations

which remove or disturb strata that serve as aquifers which

significantly insure the hydrologic balance of water use either on

or off the mining site, the Department shall specify:

1. Monitoring sites to record the quantity and quality of

surface drainage above and below the minesite as well as in the

potential zone of influence;

2. Monitoring sites to record level, amount and samples of

ground water and aquifers potentially affected by the mining and

also directly below the lowermost (deepest) coal seam to be mined;

3. Records of well logs and borehole data to be maintained; and

4. Monitoring sites to record precipitation.

The monitoring data collection and analysis required by this

section shall be conducted according to standards and procedures set

forth by the Department in order to assure their reliability and

validity.
Okla. Stat. tit. 45, § 45-525 — OK Code / Title 45 / Section 45-525
Precautions in dangerous workings
Status: in_force

In any place that is being driven towards, or in dangerous

proximity to, an abandoned mine or part of mine, suspected of

containing inflammable, noxious or poisonous gases, or which may be

inundated with water, boreholes shall be kept not less than twelve

(12) feet in advance of the face and on the sides of such working

places, said side holes of the same depth shall be drilled

diagonally, not more than eight (8) feet apart, and at any place

driven to tap water or gas, shall not be more than ten (10) feet

wide, and no water or gas, from an abandoned mine, or part of a

Oklahoma Statutes - Title 45. Mines and Mining Page 40

mine, and no boreholes from the surface shall be tapped until the

employees, except those engaged at such work, are out of the mines,

and such work is to be done under the immediate supervision of the

mine foreman.
Okla. Stat. tit. 45, § 45-787 — OK Code / Title 45 / Section 45-787
Appeal of order or other action
Status: in_force

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.
Okla. Stat. tit. 45, § 45-771 — OK Code / Title 45 / Section 45-771
Release of performance bond or deposit - Inspection and
Status: in_force

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 complete any

remaining reclamation, whether pollution of surface and subsurface

water is occurring, the probability of continuance or future

occurrence of such pollution, and the estimated cost of abating such

pollution. The Department shall notify the permittee in writing of

its decision to release or not to release all or part of the

performance bond or deposit within sixty (60) days from the filing

of the request, if no public hearing is held and if there has been a

public hearing held within thirty (30) days thereafter.
Okla. Stat. tit. 45, § 45-735 — OK Code / Title 45 / Section 45-735
Sand and gravel - Inspections - Penalties
Status: in_force

The Department is designated as the agency to make safety

inspections in sand, sand and gravel and in quarrying operations.

Any person required by this act to have a permit who engages in

mining without a valid permit therefor issued pursuant to this act

is guilty of a misdemeanor, and on conviction thereof shall be fined

not less than Fifty Dollars ($50.00) nor more than One Thousand

Dollars ($1,000.00). Each day of operation without the permit

required by this act shall be deemed a separate violation.
Okla. Stat. tit. 45, § 45-418 — OK Code / Title 45 / Section 45-418
Loss of life or injury - Duty of operator and inspector
Status: in_force

Whenever loss of life or serious personal injury shall occur in

or about any said mines, it shall be the duty of the operator having

charge of such mine to report said loss of life or injury without

delay to the deputy mine inspector in whose district such mine is

situated; and the said inspector shall if he deem it necessary

immediately go to the scene of said accident and render such

assistance as he may deem necessary for the safety of the men; and

the said inspector shall investigate and ascertain the cause of such

loss of life or injury and make a report thereof to the Chief Mine

Inspector of the State of Oklahoma, a copy of which he shall

preserve with the other records of his office.
Okla. Stat. tit. 45, § 45-903 — OK Code / Title 45 / Section 45-903
Certification of applicants - Fees
Status: in_force

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 certified by the Board. Provided that all persons

making applications to the State Mining Board for certificates of

competency as mine superintendent, mine foreman or shot firer shall

accompany said application with a fee of Two Dollars and fifty cents

($2.50) as a fee for such examination and shall pay an additional

Oklahoma Statutes - Title 45. Mines and Mining Page 131

fee of Two Dollars and fifty cents ($2.50) when said certificate is

issued.
Okla. Stat. tit. 45, § 45-747 — OK Code / Title 45 / Section 45-747
Backfilling, compacting, and grading
Status: in_force

The operator shall backfill, compact where advisable to insure

stability or to prevent leaching of toxic materials, and grade in

order to restore the approximate original contour of the land with

all highwalls, spoil piles and depressions eliminated unless small

depressions are needed in order to retain moisture to assist

revegetation or as otherwise authorized pursuant to this act.
Okla. Stat. tit. 45, § 45-1c — OK Code / Title 45 / Section 45-1c
Powers and duties of Director
Status: in_force

Subject to the policies, rules and regulations of the Oklahoma

Mining Commission, the Director shall:

Oklahoma Statutes - Title 45. Mines and Mining Page 10

1. Be responsible for organizing the Department of Mines in a

manner efficiently to achieve the objectives of the Commission;

2. Prepare and submit plans for administering the programs of

the Commission;

3. Prepare a personnel schedule, employ personnel, define

duties, appoint technicians and consultants, and fix salaries or

compensation, upon approval by the Commission; and

4. Administer all policies formulated and adopted by the

Commission.
Okla. Stat. tit. 45, § 45-760.2 — OK Code / Title 45 / Section 45-760.2
Application of act to surface operations -
Status: in_force

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 the permit application requirements, permit

approval or denial procedures, and bond requirements as are

necessary to accommodate the distinct difference between surface and

underground coal mining. The Department shall adopt such

modifications.
Okla. Stat. tit. 45, § 45-502 — OK Code / Title 45 / Section 45-502
Maps to be corrected every six months
Status: in_force

At least every six (6) months, or oftener if necessary, the

operator, owner, lessee, or agent of each mine shall cause to be

shown accurately on the map or plan of said mine, all the

excavations made therein during the time elapsing since such

Oklahoma Statutes - Title 45. Mines and Mining Page 31

excavations were last shown upon said map or plan, and all parts of

said mine, which were worked out or abandoned during said elapsed

period of time, shall be clearly indicated by colorings on said map

or plan, and whenever any of the workings or excavations of said

mine have been driven to their boundary, a correct measurement of

all such workings or excavation shall be made promptly and recorded

in a survey book, prior to the removal of the pillars or any part of

the same from such workings or excavations.
Okla. Stat. tit. 45, § 45-1.4 — OK Code / Title 45 / Section 45-1.4
Inspection of mines - Mining records
Status: in_force

The Chief Mine Inspector or his duly authorized representative

shall have the power to enter at reasonable times upon any private

or public property for the purpose of inspecting and investigating

conditions relating to the health and safety of anyone employed in a

mine in this state or to carry out its duties as required by this

title.

The Board may require the maintenance of records relating to

mining. Copies of such records shall be submitted to the Board on

request.
Okla. Stat. tit. 45, § 45-423 — OK Code / Title 45 / Section 45-423
Hoisting equipment
Status: in_force

The hoisting equipment shall be of such kind and in such

condition as to as nearly assure certainty of operation and ease of

control at all times, as is practicable. If electric power be used

Oklahoma Statutes - Title 45. Mines and Mining Page 25

for hoisting, the hoist shall be equipped with an auxiliary safety

brake. All hoisting derricks where swinging dump is used,

constructed after the date of the passage and approval of this law,

shall be so constructed that at no time during the hoisting

operations shall the fastening of the cable to the hook approach

nearer than thirty-six (36) inches to the sheive. All hoisting

sheives installed after the date of the passage and approval of this

law, shall be equipped with a shaft the diameter of which shall be

to the conveyance load hoisted not less than one (1) inch to each

six hundred (600) pounds per conveyance load. Nonspin wire rope

shall be used for hoisting men and material, with a safety factor of

six required on new rope based on manufacturer's tables and maximum

dead load. Said hoisting rope to be discarded for hoisting purposes

when there are six broken wires in one rope lay, or when the wires

on the crown are worn sixty-five percent (65%) of the original

diameter. All hoisting hooks shall be of some safety type, and if

standard snap hook is used it shall be made of not less than one and

one-half (1 1/2) inch High-grade iron, and the hook shall be

attached to the hoisting cable with thimble and three or more

standard clamps, such clamps to be at least eight (8) inches apart.
Okla. Stat. tit. 45, § 45-612 — OK Code / Title 45 / Section 45-612
Rules to be posted
Status: in_force

All operators of coal or other mines shall keep posted in a

conspicuous place the special and general rules embodied in, and

made a part of this chapter, defining the duties of all persons

employed in and about said mine, which said rules shall be printed

in the English language at the expense of the state, and in such

other languages as are used by any ten persons working therein, at

the expense of the operator. It shall be the duty of the mine

inspector to furnish to the operator printed copies of such rules in

the English language as are required by this section, and to certify

their correctness over his signature; said rules shall be furnished

the Chief Mine Inspector by the state.
Okla. Stat. tit. 45, § 45-916 — OK Code / Title 45 / Section 45-916
Equipment - Rules and procedures
Status: in_force

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 to

persons shall be guarded;

2. Overhead belts shall be guarded if the whipping action from

a broken belt would be hazardous to persons below;

3. Guards at conveyor drive, head and tail pulleys shall be

sufficient to prevent a person from reaching behind the guard and

becoming caught between the belt and the pulley;

4. Protruding set screws on revolving parts shall be guarded;

5. Except when testing the machinery, guards shall be securely

in place while machinery is being operated;

6. Guards shall be sufficiently strong and maintained to

provide the required protection;

7. Stationary grinding machines other than special bit grinders

shall be equipped with:

a. peripheral hoods, less than ninety-degree throat

openings, capable of withstanding the force of a bursting wheel,

b. adjustable tool rests set as close as practical

to the wheel, and

c. safety washers;

8. Face shields or goggles, in good condition, shall be worn

when operating a grinding wheel;

9. Hand-held power tools, other than rock drills, shall be

equipped with controls requiring constant hand or finger pressure to

operate the tools or shall be equipped with friction or other

equivalent safety devices;

10. Guards or shields shall be provided in areas where flying

or falling materials present a hazard;

11. Vehicles such as forklifts, trucks, front-end loaders and

bulldozers shall be provided with roll bar protection when necessary

to protect the operator;

12. Forklifts, trucks, front-end loaders and bulldozers shall

be provided with substantial canopies when necessary to protect the

operator against falling material;

13. Unsafe equipment or machinery shall be removed from

service immediately;

14. Machinery and equipment shall be operated only by

authorized and experienced persons;

15. Repairs or maintenance shall not be performed on machinery

until the power is off and the machinery is blocked against motion,

except when machinery motion is necessary to make adjustments or

Oklahoma Statutes - Title 45. Mines and Mining Page 149

when non-energized components of large machinery can be safely

repaired while the machine is operating;

16. Men shall not work on mobile equipment in a raised

position until it has been blocked in place securely. This does not

preclude the use of equipment specifically designed, such as

elevated mobile work platforms;

17. Drive belts shall not be shifted while in motion unless

the machines are equipped with mechanical shifters;

18. Belts, chains, and/or ropes shall not be guided onto

power-driven moving equipment especially designed for hand feeding;

19. Pulleys or conveyors shall not be cleaned manually while

the conveyor is in motion;

20. Belt dressing shall not be applied manually while belts

are in motion unless an aerosol-type dressing is used; and

21. Machinery shall not be lubricated while in motion when a

hazard exists unless equipped with extended fittings or cups.