Okla. Stat. tit. 45, § 45-919 — OK Code / Title 45 / Section 45-919
General rules and procedures
Status: in_force

The following general rules and procedures shall be complied

with:

1. Each place of work shall be visited by a certified person at

the beginning of, and at least once during, each shift and more

frequently as is necessary to insure that work is being done in a

safe manner;

2. No employee shall be assigned, allowed or required to

perform work alone in any area where hazardous conditions exist that

would endanger his safety unless he can communicate with others, can

be heard or can be seen;

3. When work is performed after dark, the areas of drilling,

blasting, stripping and loading shall be properly illuminated;

4. An authorized, certified person shall be in charge at all

times when men are working;

5. Where telephone service is not available, emergency

communications shall be provided to the nearest point of assistance;

and

6. Arrangements shall be made in advance for obtaining

emergency medical assistance and transportation for injured persons.
Okla. Stat. tit. 45, § 45-1g — OK Code / Title 45 / Section 45-1g
Department of Environmental Quality - Regulation of certain
Status: in_force

mining activities.

Any point source discharge, the disposal of any hazardous waste,

as regulated by the Oklahoma Hazardous Waste Management Act, or

solid waste, sewage or other wastewater, and any air emission

subject to the Oklahoma Clean Air Act, from any mine or mining

activity shall be regulated by the Department of Environmental

Quality.
Okla. Stat. tit. 45, § 45-742.2 — OK Code / Title 45 / Section 45-742.2
Definitions
Status: in_force

As used in this act:

1. "Acid drainage" means water with a pH of less than 6.0

Standard Units and in which total acidity exceeds total alkalinity,

discharged from active, inactive, or abandoned mines and from areas

affected by surface coal mining and reclamation operations.

2. "Acid-forming materials" means earth materials that contain

sulfide minerals or other materials which, if exposed to air, water,

or weathering processes, will result in the formation of acids that

may create acid drainage.

3. "Adjacent area" means land located outside the affected

area, permit area, or mine plan area, depending on the context in

which "adjacent area" is used, where air, surface or ground water,

fish, wildlife, vegetation or other resources protected by this act

Oklahoma Statutes - Title 45. Mines and Mining Page 64

may be adversely impacted by surface coal mining and reclamation

operations.

4. "Affected area" means, with respect to surface mining

activities, any land or water upon or in which those activities are

conducted or located. With respect to underground mining

activities, "affected area" means any water or surface land upon or

in which those activities are conducted or located, and land or

water which is located above underground mine workings.

5. "Approximate original contour" means that surface

configuration achieved by backfilling and grading of the mined areas

so that the reclaimed area, including any terracing or access roads,

closely resembles the general surface configuration of the land

prior to mining and blends into and complements the drainage pattern

of the surrounding terrain, with all highwalls, spoil piles and coal

refuse piles eliminated. Water impoundments may be permitted where

the regulatory authority determines that they are in compliance with

Section 745.18 of this title and applicable rules and regulations.

6. "Aquifer" means a zone, stratum, or group of strata confined

or unconfined, including perched conditions, that can store and

transmit water in sufficient quantities for a specific use.

7. "Auger mining" means a method of mining coal at a cliff or

highwall by drilling holes laterally into an exposed coal seam from

the highwall and transporting the coal along an auger bit to the

surface.

8. "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.

9. "Coal exploration" means the gathering of surface or

subsurface geologic, physical, or chemical data by mapping,

trenching, drilling, geophysical or other techniques necessary to

determine the quality and quantity of overburden and coal of an area

and the gathering of environmental data to establish the conditions

of the area beginning before surface coal mining and reclamation

operations.

10. "Coal processing plant" means a collection of facilities

where run-of-the-mine coal is prepared for market by chemical or

physical processing, and separated from its impurities. The

processing plant may consist of, but not be limited to, the

following support facilities: loading facilities; storage and

stockpile facilities; shed, shops and other buildings; water

treatment and water storage facilities; settling basins and

impoundments; coal processing and other waste disposal areas; roads,

railroads and other transport facilities; and utilities.

11. "Consolidated material" means material of sufficient

hardness or ability to resist weathering and to inhibit erosion or

sloughing.

Oklahoma Statutes - Title 45. Mines and Mining Page 65

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

including all employees, agents, deputies, and representatives of

the Department, 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, having primary responsibility

for administering all titles of the Surface Mining Law.

13. "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 or

such employee, agent, deputy or representative of the Chief Mine

Inspector as shall be designated by the Chief Mine Inspector to

perform any actions required by this act.

14. "Disturbed area" means an area where vegetation, topsoil,

or overburden is removed by surface coal mining operations or upon

which topsoil, spoil, coal processing waste or noncoal waste is

placed. Those areas are "disturbed" until reclamation of those

areas is complete and the bond or other assurance of performance is

released.

15. "Diversion" means a channel, embankment, or other manmade

structure constructed for the purpose of diverting the flow of water

from one area to another:

a. Permanent diversion means a diversion remaining after

surface coal mining and reclamation are completed and

which has been approved for retention by the

Department and other appropriate state and federal

agencies,

b. Temporary diversion means a diversion which is used

during coal exploration or surface coal mining and

reclamation operations, and not approved by the

Department to remain after reclamation as part of the

approved postmining land use.

16. "Ephemeral stream" means a stream which flows only in

direct response to precipitation in the immediate watershed or in

response to the melting of snow and ice, and which has a channel

bottom that is always above the local water table.

17. "Ground water" means subsurface water that fills available

openings in rock or soil materials such that they may be considered

water-saturated.

18. "Head-of-hollow fill" means a fill structure consisting of

any material, other than coal processing waste and organic material,

placed in the uppermost reaches of a hollow where side slopes of the

existing hollow measured at the steepest point are greater than

twenty (20) degrees or the average slope of the profile of the

hollow from the toe of the fill to the top of the fill is greater

than ten (10) degrees. In fills with less than two hundred fifty

thousand (250,000) cubic yards of material, associated with contour

mining, the top surface of the fill will be at the elevation of the

Oklahoma Statutes - Title 45. Mines and Mining Page 66

coal seam. In all other head-of-hollow fills, the top surface of

the fill, when completed, is at approximately the same elevation as

the adjacent ridge line, and no significant area of natural drainage

occurs above the fill draining into the fill area.

19. "Highwall" means the face of exposed overburden and coal in

an open cut of a surface or for entry to an underground coal mine.

20. "Hydrologic balance" means the relationship between the

quality and quantity of inflow to, outflow from and storage in a

hydrologic unit such as a drainage basin, aquifer, soil zone, lake,

or reservoir. It encompasses the quantity and quality relationships

between precipitation, runoff, evaporation, and the change in ground

and surface water storage.

21. "Hydrologic regime" means the entire state of water

movement in a given area. It is a function of the climate, and

includes the phenomena by which water first occurs as atmospheric

water vapor, passes into a liquid or solid form and falls as

precipitation, moves along or into the ground surface, and returns

to the atmosphere as vapor by means of evaporation and

transpiration.

22. "Imminent danger to the health and safety of the public"

means the existence of any condition or practice, or any violation

of a permit or other requirements of this act in a surface coal

mining and reclamation operation, which condition, practice, or

violation could reasonably be expected to cause substantial physical

harm to persons outside the permit area before such condition,

practice, or violation can be abated. A reasonable expectation of

death or serious injury before abatement exists if a rational

person, subjected to the same condition or practice giving rise to

the peril, would not expose oneself to the danger during the time

necessary for abatement.

23. "Impoundment" means a closed basin, naturally formed or

artificially built, which is dammed or excavated for the retention

of water, sediment, or waste.

24. "In situ processes" means activities conducted on the

surface or underground in connection with in-place distillation,

retorting, leaching, or other chemical or physical processing of

coal, to include, but not be limited to, in situ gasification, in

situ leaching, slurry mining, solution mining, bore hole mining and

fluid recovery mining.

25. "Intermittent stream" means a stream or reach of a stream

that drains a watershed of at least one (1) square mile, or a stream

or reach of a stream that is below the local water table for at

least some part of the year, and obtains its flow from both surface

runoff and ground water discharge.

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

corporation engaged in coal mining who removes or intends to remove

Oklahoma Statutes - Title 45. Mines and Mining Page 67

more than two hundred fifty (250) tons from the earth within twelve

(12) consecutive months in any one location.

27. "Other minerals" means clay, stone, sand, gravel,

metalliferous and nonmetalliferous ores, and any other solid

material or substances of commercial value excavated in solid form

from natural deposits on or in the earth, exclusive of coal and

those minerals which occur naturally in liquid or gaseous form.

28. "Overburden" means all of the earth and other materials,

excluding topsoil, which lie above natural deposits of coal and

other minerals, and also means such earth and other materials

disturbed from their natural state in the process of surface mining.

29. "Peak" means an upward projecting point of overburden

created in the surface mining process.

30. "Perennial stream" means a stream or part of a stream that

flows continuously during all of the calendar year as a result of

groundwater discharge or surface runoff.

31. "Performance bond" means the indemnity instrument in a sum

certain, supported by a surety's guarantee, pledge of collateral or

other acceptable contractual guarantee, by which the permit

applicant assures faithful performance of all the applicable permit

requirements of this act and the rules and regulations promulgated

thereunder.

32. "Permit" means a permit to conduct surface coal mining and

reclamation operations issued by the Department pursuant to state

law.

33. "Permit area" means the area, including all natural and

human resources, included within the boundaries specified in a

permit, whether or not the areas will be impacted by surface coal

mining and reclamation operations, which are designated on the

approved maps submitted by the applicant with his permit application

and covered by the performance and reclamation bonds as required.

34. "Permittee" means a person holding a "permit" to conduct

surface coal mining and reclamation operations issued by the

Department pursuant to state law.

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

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

mining.

36. "Prime farmland" means lands which meet the criteria of the

Department, which shall prescribe criteria at least as stringent as

criteria prescribed by the United States Secretary of Agriculture on

the basis of such factors as moisture availability, temperature

regime, chemical balance, permeability, surface layer composition,

susceptibility to flooding, and erosion characteristics, and which

historically have been used for intensive agricultural purposes.

37. "Reclamation" means, through the process of backfilling,

regrading, topsoil replacement, reutilization, and revegetation

activities, the bringing back of land to its approximate original

Oklahoma Statutes - Title 45. Mines and Mining Page 68

contours and configuration, and resulting in an equal or better land

use category, and shall be consistent with the existing surrounding

environment.

38. "Reference areas" means land units of varying size and

shape identified and maintained under appropriate management for the

purpose of measuring ground cover, productivity and species

diversity that are produced naturally or by crop production methods

approved by the Department. Reference areas must be representative

of geology, soils, slope, aspect and vegetation in the permit area.

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

the production, cleaning or preparation of coal or other minerals

which have been mined by either underground or surface mining

method.

40. "Regulatory authority" means the Department of Mines and

Mining.

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

in the surface mining process.

42. "Significant, imminent environmental harm to land, air or

water resources" is determined as follows:

a. An environmental harm is any adverse impact on land,

air, or water resources, including but not limited to,

plant and animal life,

b. An environmental harm is imminent if a condition,

practice or violation exists which:

(1) is causing such harm or,

(2) may reasonably be expected to cause such harm at

any time before the end of the reasonable

abatement time that would be set under Section

775 of this title,

c. An environmental harm is significant if that harm is

appreciable and not immediately reparable.

43. "Slope" means average inclination of a surface, measured

from the horizontal; normally expressed as a unit of vertical

distance to a given number of units of horizontal distance (e.g.,

one unit vertical (1v) to five units horizontal (5h) = 11.3

degrees).

44. "Soil horizons" means contrasting layers of soil lying one

below the other, parallel or near parallel to the land surface.

Soil horizons are differentiated on the basis of field

characteristics and laboratory data. The three (3) major soil

horizons are:

a. "A horizon". The uppermost layer in the soil profile

often called the surface soil. It is the part of the

soil in which organic matter is most abundant and

where leaching of soluble or suspended particles is

the greatest,

Oklahoma Statutes - Title 45. Mines and Mining Page 69

b. "B horizon". The layer immediately beneath the A

horizon and often called the subsoil. This middle

layer commonly contains more clay, iron or aluminum

than the A or C horizons, and

c. "C horizon". The deepest layer of the soil profile.

It consists of loose material or weathered rock that

is relatively unaffected by biologic activity.

45. "Spoil" means displaced overburden.

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

removing the overburden lying above natural deposits of coal and

other minerals, and mining directly from such natural deposits

thereby exposed, but excludes auger mining, quarrying, dredging,

pumping or the use of hydraulic methods.

47. "Substantially disturb" means, for purposes of coal

exploration, to significantly impact upon land, air or water

resources by such activities as blasting, mechanical excavation of

land, drilling or altering coal or water exploratory holes or wells,

construction or creation of roads and other access routes, and the

placement of structures, excavated earth or other debris upon the

surface of land.

48. "Surface coal mining and reclamation operations" means

surface mining operations and all activities necessary and incident

to the reclamation of such operations.

49. "Surface coal mining operations" means:

a. Activities conducted on the surface of lands in

connection with a surface coal mine or surface

operations and surface impacts incident to an

underground coal mine. Such activities include

excavation for the purpose of obtaining coal,

including such common methods as contour, strip,

auger, mountaintop removal, box cut, open pit, and

area mining, the uses of explosives and blasting, in

situ distillation or retorting, leaching or other

chemical or physical processing, and the cleaning,

concentrating, or other processing or preparation,

loading of coal at or near the mine site. Such

activities do not include the extraction of coal

incidental to the extraction of other minerals where

coal does not exceed sixteen and two-thirds percent

(16 2/3%) of the tonnage of minerals removed for the

purposes of commercial use or sale or coal

exploration, subject to Section 745.11 of this title,

and

b. The areas upon which such activities occur or where

such activities disturb the natural land surface.

Such areas shall also include any adjacent land, the

use of which is incidental to any such activities, all

Oklahoma Statutes - Title 45. Mines and Mining Page 70

lands affected by the construction of new roads or

improvement or use of existing roads to gain access to

the site of such activities and for haulage and

excavations, workings, impoundments, dams, ventilation

shafts, entryways, refuse banks, dumps, stockpiles,

overburden piles, spoil banks, culm banks, tailings,

holes or depressions, repair areas, storage areas,

processing areas, shipping areas and other areas upon

which are sited structures, facilities, or other

property or materials on the surface, resulting from

or incident to such activities.

50. "Surface water" means water, either flowing or standing, on

the surface of the earth.

51. "Topsoil" means the "A" soil horizon, which is the

uppermost layer of the three (3) major soil horizons.

52. "Underground mining activities" means a combination of:

a. Surface operations incident to underground extraction

of coal or in situ processing, such as construction,

use, maintenance, and reclamation of roads, above-

ground repair areas, storage areas, processing areas,

shipping areas, areas upon which are sited support

facilities including hoist and ventilating ducts,

areas utilized for the disposal and storage of waste,

and areas on which materials incident to underground

mining operations are placed, and

b. Underground operations such as underground

construction, operation, and reclamation of shafts,

adits, underground support facilities, in situ

processing, and underground mining, hauling, storage,

and blasting, and

c. The areas in which activities enumerated above occur

or where such activities disturb the natural land

surface.

53. "Unwarranted failure to comply" means the failure of a

permittee to prevent the occurrence of any violation of his permit

or any requirement of this act due to indifference, lack of

diligence, or lack of reasonable care, or the failure to abate any

violation of such permit or the act due to indifference, lack of

diligence, or lack of reasonable care.

54. "Water table" means the upper surface of a zone of

saturation, where the body of ground water is not confined by an

overlying impermeable zone.
Okla. Stat. tit. 45, § 45-519 — OK Code / Title 45 / Section 45-519
Mines to be kept free from gas
Status: in_force

All mines generating fire damp shall be kept free of standing

gas in all working places and roadways. No accumulation of

explosive gas shall be allowed to exist in the worked-out or

abandoned parts of any mine. It shall be removed as soon as

possible after its discovery, and no miners or other persons who are

not employed in the removal of the dangerous accumulation, shall be

allowed to remain in any mine, or part of mine, during the time that

a dangerous accumulation of explosive gas is being removed from any

part of the mine, and the entrance or entrances to be worked out and

abandoned places shall be properly fenced off and cautionary notices

shall be posted upon said fencing to warn persons of danger.
Okla. Stat. tit. 45, § 45-912 — OK Code / Title 45 / Section 45-912
Drilling for blasting - Rules and procedures
Status: in_force

The following rules and procedures shall be complied with when

dealing with drilling for blasting:

Oklahoma Statutes - Title 45. Mines and Mining Page 141

1. Equipment shall be inspected each shift by a certified

person designated by the operator. Equipment defects affecting

safety shall be reported immediately;

2. Equipment defects affecting safety shall be corrected before

the equipment is used;

3. The drilling area shall be inspected by a certified person,

designated by the operator, for hazards before drilling operations

are started;

4. Men shall not be on the mast while the drill is in

operation;

5. Drill crews and others shall stay clear of augers or drill

stems that are in motion. Persons shall not pass under or step over

a moving stem or auger;

6. Receptacles or racks shall be provided for drill steel

stored on drills;

7. Tools and other objects shall not be left loose on the mast

or drill platform;

8. When a drill is being moved from one drilling area to

another, drill steel, tools and other equipment shall be secured and

the mast placed in a safe position;

9. In the event of power failure, drill controls shall be

placed in the neutral position until power is restored;

10. While in operation drills shall be attended at all times;11. Drill holes large enough to constitute a hazard shall be covered or guarded;

12. Men shall not drill from positions that hinder their access

to the control levers or from insecure footing or staging or from

atop equipment not designed for this purpose;

13. Bit wrenches or bit knockers shall be used to remove

detachable bits from drill steel;

14. Starter steels shall be used when collaring holes with

handheld or feedleg drills;

15. Men shall not hold the drill steel while collaring holes or

rest their hands on the chuck or centralizer while drilling; and

16. Air shall be turned off and bled from the hose before

handheld drills are moved from one working area to another.
Okla. Stat. tit. 45, § 45-745.10 — OK Code / Title 45 / Section 45-745.10
Revision of permit
Status: in_force

A. 1. During the term of the permit the permittee may submit

an application for a revision of the permit, together with a revised

reclamation plan, to the Department. The Department shall

promulgate by rule a definition of a major revision and a minor

revision. The fees for an application for a revision shall be:

Said fee shall be owing and due upon the Department's completion of

action upon the application and said fee shall be paid in full prior

to the issuance of any revised permit and the Department shall issue

said revised permit no later than five (5) days after payment. The

fees collected under this section shall be deposited in the

Department of Mines Revolving Fund.

2. An application for a revision of a permit shall not be

approved unless the Department finds that reclamation as required by

this act can be accomplished under the revised reclamation plan. The

revision shall be approved or disapproved within a reasonable period

of time. The Department shall establish guidelines for a

determination of the scale or extent of a revision request for which

all permit application information requirements and procedures,

including notice and hearings, shall apply. Any revisions which

propose significant alterations in the reclamation plan shall, at a

minimum, be subject to notice and hearing requirements.

3. Any extensions to the area covered by the permit except

incidental boundary revisions shall be made by application for

another permit.

B. The Department shall, within a time limit prescribed in

regulations, review outstanding permits and may require reasonable

revision or modification of the permit provisions during the term of

such permit. Such revision or modification shall be based upon a

written finding and subject to notice and hearing requirements

established by the Department.

Oklahoma Statutes - Title 45. Mines and Mining Page 80
Okla. Stat. tit. 45, § 45-504 — OK Code / Title 45 / Section 45-504
Penalty for failure to furnish map copies
Status: in_force

If any superintendent or operator of mines shall neglect or fail

to furnish to the mine inspector any copy of maps or plans as

hereinbefore required by this Act, or, if the mine inspector shall

believe that any map or plan of any coal or other mine made or

furnished in pursuance of the provisions of this act, is materially

inaccurate or imperfect, then in either case, the mine inspector is

hereby authorized to cause a correct survey and map or plan of said

mine to be made at the expense of the operator thereof, the cost of

which shall be recoverable from said operator as other debts are

recoverable by law: Provided, that when the inspector shall cause a

new survey and map or plan of any such mine, and it is found that

Oklahoma Statutes - Title 45. Mines and Mining Page 32

the map or plan furnished by the operator was substantially correct,

then the cost of the survey, map or plan, caused to be made by the

inspector, shall be paid by the state.
Okla. Stat. tit. 45, § 45-736 — OK Code / Title 45 / Section 45-736
Revoked permits
Status: in_force

In no event shall a permit be issued to any operator if a permit

issued to such operator has been revoked under Section 12 of this

act.
Okla. Stat. tit. 45, § 45-745.1 — OK Code / Title 45 / Section 45-745.1
Permits for separate mining operations - Application -
Status: in_force

Forms - Plan of reclamation - Fees - Exemptions.

A. It shall be unlawful for any operator to engage in any

mining operations in this state without first obtaining from the

Department a permit to do so for each separate mining operation. The

Department shall determine what constitutes a separate mining

operation by rules and regulations promulgated under the Coal

Reclamation Act.

B. Any operator desiring to engage in surface mining eight (8)

months after the approval of Oklahoma's regulatory program by the

United States Secretary of the Interior shall make written

application to the Department for a permit within two (2) months

after the approval of the state program. Before the approval of the

Oklahoma program by the Secretary of the Interior, the requirements

of the Coal Reclamation Act of 1978 shall continue to apply to all

permits for coal mining covered by the Coal Reclamation Act.

Application for such permit shall be made upon a form furnished by

the Department, which form shall require all pertinent information

including, but not limited to, all information required by federal

law and regulations.

C. Any operator desiring to engage in underground mining shall

make written application to the Department for a permit within two

(2) months after approval of the state program. Application for

such permit shall be made upon a form furnished by the Department,

which form shall require all pertinent information including, but

not limited to, all information required by federal law and

regulations for underground coal mining, taking into account the

Oklahoma Statutes - Title 45. Mines and Mining Page 72

distinct differences between surface coal mining and underground

coal mining.

D. Each application for a permit under subsections B and C of

this section shall be accompanied by a plan for the reclamation of

the affected land that meets the requirements of the Coal

Reclamation Act.

E. Each application for a permit or permit renewal under

subsections B and C of this section shall be accompanied by a fee of

Five Hundred Dollars ($500.00) for each permit year, payable at the

rate of Five Hundred Dollars ($500.00) per year on the anniversary

date of the year in which the permit or permit renewal was issued.

Such fee shall be deposited in the Department of Mines Revolving

Fund and used to offset the cost of reviewing, administering and

enforcing such permit issued pursuant to a state or federal program.

Once mining operations have permanently terminated, no further

permit fee shall be required of the operator.

F. The provisions of the Coal Reclamation Act shall not apply

to the extraction of coal by a landowner for his own noncommercial

use from land owned or leased by him, or the extraction of coal as

an incidental part of federal, state or local government-financed

highway or other construction under regulations established by the

Department.
Okla. Stat. tit. 45, § 45-1a — OK Code / Title 45 / Section 45-1a
Powers and duties of Commission
Status: in_force

A. The Oklahoma Mining Commission shall be the policy-

determining agency for the Department of Mines and shall determine

the broad plans and programs for the accomplishment of duties and

responsibilities vested by law in said Commission, the Chief Mine

Inspector and the Department of Mines, and may in the absence of an

appointed Chief Mine Inspector, fix the duties and responsibilities

of personnel employed by the Department including, in the absence of

an appointed Chief Mine Inspector, the Director of the Department of

Mines. It shall have the authority to delegate to its chairman, to

one or more agents or employees, such powers and duties as it may

deem proper. Each member of the Commission shall be reimbursed for

actual and necessary travel expenses necessarily incurred in the

discharge of official duties as provided in the State Travel

Reimbursement Act.

B. In addition to other powers and duties specified by law, the

Oklahoma Mining Commission shall have the power and duty to:

1. acquire by gift, devise, purchase or otherwise, absolutely

or in trust, and to hold and, unless otherwise restricted by the

terms of the gift or devise, any real property or real estate or

other interest therein as may be necessary in carrying into effect

the purpose of this act.

2. enter into contracts and to execute all instruments

necessary to fulfill its duties, respecting the protection,

preservation, maintenance and operation of such buildings and sites

as it may select.
Okla. Stat. tit. 45, § 45-43 — OK Code / Title 45 / Section 45-43
Legal assistance
Status: in_force

The Chief Mine Inspector is hereby authorized to employ two (2)

attorneys as needed, within the total employee limit authorized, on

a full- or part-time basis, to advise the Chief Mine Inspector and

other agency personnel on legal matters and to appear for and

represent the Chief Mine Inspector in administrative hearings and

other legal actions and procedures. Provided it shall continue to

be the duty of the Attorney General to give his official opinion to

the Chief Mine Inspector and to prosecute and defend actions

therefore, if so requested.
Okla. Stat. tit. 45, § 45-33 — OK Code / Title 45 / Section 45-33
Journal of inspections - Official communications -
Status: in_force

Equipment and material.

The Chief Mine Inspector shall keep in his office a journal or

record of all inspections, examinations and work done under his

administration, and a copy of all official communications and he is

hereby authorized to procure, at the expense of the state, such

apparatus, instruments and chemicals as may be found necessary for

the proper discharge of his duties under this Act. The Legislature

shall, from time to time, when necessary, appropriate such funds as

Oklahoma Statutes - Title 45. Mines and Mining Page 16

may be necessary for the purchase of such equipment and material.

All books, records, apparatus, instruments and chemicals pertaining

to his office shall be the property of the state and shall be

delivered by him to his successor in office and the same shall be

exhibited to any and all interested persons at all reasonable times.
Okla. Stat. tit. 45, § 45-615 — OK Code / Title 45 / Section 45-615
Violations of statute as misdemeanors - Civil liability
Status: in_force

The neglect, failure or refusal to perform any of the duties

required by any section of this chapter, 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 by the terms of this chapter, 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, except

as herein otherwise provided, shall upon conviction thereof, be

punished by a fine of not exceeding Five Hundred Dollars ($500.00),

or imprisonment in the county jail, for a period not exceeding six

(6) months, or both such fines and imprisonment; and in addition

thereto, such corporation or other mine operator violating any of

the provisions of this chapter shall be civilly liable to any person

injured thereby to the extent of such injury.

Oklahoma Statutes - Title 45. Mines and Mining Page 44
Okla. Stat. tit. 45, § 45-745.9 — OK Code / Title 45 / Section 45-745.9
Schedule of notices of violations of air or water
Status: in_force

environmental protection laws to be submitted - Effect of prior

violations on application.

The applicant shall file with his permit application a schedule

listing all notices of violations of this act and any law, rule or

regulation of the United States, or of any department or agency in

the United States, pertaining to air or water environmental

protection incurred by the applicant in connection with any surface

coal mining operation during the three-year period prior to the date

of application. The schedule shall also indicate the final

resolution of any such notice of violation. When the schedule or

other information available to the Department indicates that any

surface coal mining operation owned or controlled by the applicant

is currently in violation of this act or such other laws referred to

in this section, the permit shall not be issued until the applicant

Oklahoma Statutes - Title 45. Mines and Mining Page 79

submits proof that such violation has been corrected or is in the

process of being corrected to the satisfaction of the regulatory

authority which has jurisdiction over such violation. No permit

shall be issued to an applicant after a finding by the Department,

after opportunity for hearing, that the applicant or the operator

specified in the application, controls or has controlled mining

operations with a demonstrated pattern of willful violations of this

act or the laws of another state or the United States regulating

surface coal mining operations of such nature and duration with such

resulting irreparable damage to the environment as to indicate an

intent not to comply with the provisions of this act.
Okla. Stat. tit. 45, § 45-908 — OK Code / Title 45 / Section 45-908
Employment of certified strip pit mine foreman
Status: in_force

The operator shall employ a certified strip pit mine foreman for

every mine except those mines in which no more than three (3)

persons including the operator are employed, in which case one (1)

man must have at least the status of a certified shot firer. The

mine foreman shall have full charge of all workings and of all

persons employed therein in order that all the provisions of this

act, so far as they relate to his duties, shall be complied with and

the regulations prescribed for each class of workmen under his

charge shall be carried out in the strictest possible manner.
Okla. Stat. tit. 45, § 45-518 — OK Code / Title 45 / Section 45-518
Ventilating fans and doors
Status: in_force

All ventilating fans shall be kept in operation night and day

unless operations are indefinitely suspended, except written

permission is given by the mine inspector of the district to stop

the same, and the said written permission shall state the particular

hours the said fan may not be in operation, and the mine inspector

shall have the power to withdraw or modify such permission as he may

deem best, but in all cases the fan shall be started three (3) hours

before the time for work to begin, and such written permission to

stop the fan shall not apply to fans in use at mines wherein

explosive gas is generated. When the fans may be stopped by the

permission of the mine inspector, a notice printed in the various

languages used by persons employed in the mine, stating at what

hours the fan will be stopped and the time it will again be set in

motion, shall be posted by the mine foreman in a conspicuous place

at the entrance or entrances to the mine: Provided, that should it

at any time become necessary to stop the fan on account of accident

or needed repairs to any part of the machinery connected therewith,

or by reason of any other unavoidable cause, it shall then be the

duty of the mine foreman, or any other official in charge, after

first having provided for the safety of the persons employed in the

mine, to order said fan to be stopped so as to make the necessary

repairs or to remove any other difficulty that may have been the

cause of its stoppage, and all ventilating furnaces in mines shall

be started three (3) hours before the appointed time to begin work

and during working hours be properly attended by a person employed

for that purpose; in mines generating fire damp in sufficient

quantities to be detected by the ordinary safety lamps, all main

breakthroughs between slopes and aircourses, airbridges or overcasts

shall be built of masonry or other noncombustible material of ample

strength, or be driven through the solid strata. In all mines the

doors used for guiding and directing the ventilation of the mine

shall be so hung and adjusted that they will close themselves, or be

supplied with springs or pulleys so that they cannot be left

standing open, and an attendant shall be employed at all doors,

through which cars are hauled, for the purpose of opening and

closing said doors when trips of cars are passing to and from the

workings, unless approved selfacting doors are used which doors

shall be determined by the mine inspector and mine foreman. A hole

for shelter shall be provided at each door, so as to protect said

Oklahoma Statutes - Title 45. Mines and Mining Page 37

attendant from being run over by the cars while attending to his

duties; and persons employed for this purpose shall at all times

remain at their post of duty during working hours: Provided, that

the same person may attend two doors where the distance between them

is not more than one hundred (100) feet. At all principal doors and

every inclined plane or roadway in any mine where haulage is done by

machinery, and where a door is used, an extra door shall be provided

to be used in case of necessity.
Okla. Stat. tit. 45, § 45-851 — OK Code / Title 45 / Section 45-851
Text of Compact
Status: in_force

The Interstate Mining Compact is hereby entered into by this

state with any and all other states legally joining therein in

accordance with its terms, in the form substantially as follows:

ARTICLE I. FINDING AND PURPOSES

(a) The party states find that:

1. Mining and the contributions thereof to the economy and

well-being of every state are of basic significance.

2. The effects of mining on the availability of land, water and

other resources for other uses present special problems which

properly can be approached only with due consideration for the

rights and interests of those engaged in mining, those using or

proposing to use these resources for other purposes, and the public.

3. Measures for the reduction of the adverse effects of mining

on land, water and other resources may be costly and the devising of

means to deal with them are of both public and private concern.

4. Such variables as soil structure and composition,

physiography, climatic conditions, and the needs of the public make

impracticable the application to all mining areas of a single

standard for the conservation, adaptation, or restoration of mined

land, or the development of mineral and other natural resources; but

justifiable requirements of law and practice relating to the effects

of mining on land, water, and other resources may be reduced in

equity or effectiveness unless they pertain similarly from state to

state for all mining operations similarly situated.

5. The states are in a position and have the responsibility to

assure that mining shall be conducted in accordance with sound

conservation principles, and with due regard for local conditions.

(b) The purposes of this compact are to:

1. Advance the protection and restoration of land, water and

other resources affected by mining.

2. Assist in the reduction or elimination or counteracting of

pollution or deterioration of land, water and air attributable to

mining.

3. Encourage, with due recognition of relevant regional,

physical, and other differences, programs in each of the party

states which will achieve comparable results in protecting,

conserving, and improving the usefulness of natural resources, to

the end that the most desirable conduct of mining and related

operations may be universally facilitated.

4. Assist the party states in their efforts to facilitate the

use of land and other resources affected by mining, so that such use

may be consistent with sound land use, public health, and public

Oklahoma Statutes - Title 45. Mines and Mining Page 121

safety, and to this end to study and recommend, wherever desirable,

techniques for the improvement, restoration or protection of such

land and other resources.

5. Assist in achieving and maintaining an efficient and

productive mining industry and in increasing economic and other

benefits attributable to mining.

ARTICLE II. DEFINITIONS

As used in this compact, the term:

(a) "Mining" means the breaking of the surface soil in order to

facilitate or accomplish the extraction or removal of minerals,

ores, or other solid matter; any activity or process constituting

all or part of a process for the extraction or removal of minerals,

ores, and other solid matter from its original location; and the

preparation, washing, cleaning or other treatment of minerals, ores

or other solid matter so as to make them suitable for commercial,

industrial or construction use; but shall not include those aspects

of deep mining not having significant effect on the surface, and

shall not include excavation or grading when conducted solely in aid

of on site farming or construction.

(b) "State" means a State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico or a Territory or

Possession of the United States.

ARTICLE III. STATE PROGRAMS

Each party state agrees that within a reasonable time it will

formulate and establish an effective program for the conservation

and use of mined land, by the establishment of standards, enactment

of laws or the continuing of the same in force, to accomplish:

1. The protection of the public and the protection of adjoining

and other landowners from damage to their lands and the structures

and other property thereon resulting from the conduct of mining

operations or the abandonment or neglect of land and property

formerly used in the conduct of such operations.

2. The conduct of mining and the handling of refuse and other

mining wastes in ways that will reduce adverse effects on the

economic, residential, recreational or aesthetic value and utility

of land and water.

3. The institution and maintenance of suitable programs for

adaptation, restoration and rehabilitation of mined lands.

4. The prevention, abatement and control of water, air and soil

pollution resulting from mining, present, past and future.

ARTICLE IV. POWERS

In addition to any other powers conferred upon the Interstate

Mining Commission, established by Article V of this compact, such

Commission shall have power to:

1. Study mining operations, processes and techniques for the

purpose of gaining knowledge concerning the effects of such

operations, processes and techniques on land, soil, water, air,

Oklahoma Statutes - Title 45. Mines and Mining Page 122

plant and animal life, recreation and patterns of community or

regional development or change.

2. Study the conservation, adaptation, improvement and

restoration of land and related resources affected by mining.

3. Make recommendations concerning any aspect or aspects of law

or practice and governmental administration dealing with matters

within the purview of this compact.

4. Gather and disseminate information relating to any of the

matters within the purview of this compact.

5. Cooperate with the federal government and any public or

private entities having interests in any subject coming within the

purview of this compact.

6. Consult, upon the request of a party state and within

resources available therefor, with the officials of such state in

respect to any problem within the purview of this compact.

7. Study and make recommendations with respect to any practice,

process, technique, or course of action that may improve the

efficiency of mining or the economic yield from mining operations.

8. Study and make recommendations relating to the safeguarding

of access to resources which are or may become the subject of mining

operations to the end that the needs of the economy for the products

of mining may not be adversely affected by unplanned or

inappropriate use of land and other resources containing minerals or

otherwise connected with actual or potential mining sites.

ARTICLE V. THE COMMISSION

(a) There is hereby created an agency of the party states to be

known as the "Interstate Mining Commission", hereinafter called "the

Commission". The Commission shall be composed of one commissioner

from each party state who shall be the Governor thereof. Pursuant

to the laws of his party state, each Governor shall have the

assistance of an advisory body (including membership from mining

industries, conservation interests and such other public and private

interests as may be appropriate) in considering problems relating to

mining and in discharging his responsibilities as the commissioner

of his state on the Commission. In any instance where a Governor is

unable to attend a meeting of the Commission or perform any other

function in connection with the business of the Commission, he shall

designate an alternate, from among the members of the advisory body

required by this paragraph, who shall represent him and act in his

place and stead. The designation of an alternate shall be

communicated by the Governor to the Commission in such manner as its

bylaws may provide.

(b) The commissioners shall be entitled to one vote each on the

Commission. No action of the Commission making a recommendation

pursuant to Articles IV-3, IV-7 and IV-8 or requesting, accepting or

disposing of funds, services or other property pursuant to this

paragraph, Articles V(g), V(h), or VII shall be valid unless taken

Oklahoma Statutes - Title 45. Mines and Mining Page 123

at a meeting at which a majority of the total number of votes on the

Commission is cast in favor thereof. All other action shall be by a

majority of those present and voting: provided that action of the

Commission shall be only at a meeting at which a majority of the

commissioners, or their alternates, is present. The Commission may

establish and maintain such facilities as may be necessary for the

transacting of its business. The Commission may acquire, hold and

convey real and personal property and any interest therein.

(c) The Commission shall have a seal.

(d) The Commission shall elect annually, from among its members,

a Chairman, a Vice Chairman and a Treasurer. The Commission shall

appoint an Executive Director and fix his duties and compensation.

Such Executive Director shall serve at the pleasure of the

Commission. The Executive Director, the Treasurer and such other

personnel as the Commission shall designate shall be bonded. The

amount or amounts of such bond or bonds shall be determined by the

Commission.

(e) Irrespective of the civil service, personnel or other merit

system laws of any of the party states, the Executive Director with

the approval of the Commission, shall appoint, remove or discharge

such personnel as may be necessary for the performance of the

Commission's functions, and shall fix the duties and compensation of

such personnel.

(f) The Commission may establish and maintain independently or

in conjunction with a party state, a suitable retirement system for

its employees. Employees of the Commission shall be eligible for

social security coverage in respect of old-age and survivor's

insurance provided that the Commission takes such steps as may be

necessary pursuant to the laws of the United States, to participate

in such program of insurance as a governmental agency or unit. The

Commission may establish and maintain or participate in such

additional programs of employee benefits as it may deem appropriate.

(g) The Commission may borrow, accept or contract for the

services of personnel from any state, the United States or any other

governmental agency, or from any person, firm, association or

corporation.

(h) The Commission may accept for any of its purposes and

functions under this compact any and all donations, and grants of

money, equipment, supplies, materials and services, conditional or

otherwise, from any state, the United States, or any other

governmental agency, or from any person, firm, association or

corporation, and may receive, utilize and dispose of the same. Any

donation or grant accepted by the Commission pursuant to this

paragraph or services borrowed pursuant to paragraph (g) of this

article shall be reported in the annual report of the Commission.

Such report shall include the nature, amount and conditions, if any,

Oklahoma Statutes - Title 45. Mines and Mining Page 124

of the donation, grant or services borrowed and the identity of the

donor or lender.

(i) The Commission shall adopt bylaws for the conduct of its

business and shall have the power to amend and rescind these bylaws.

The Commission shall publish its bylaws in convenient form and shall

file a copy thereof and a copy of any amendment thereto, with the

appropriate agency or officer in each of the party states.

(j) The Commission annually shall make to the Governor,

Legislature and advisory body required by Article V(a) of each party

state a report covering the activities of the Commission for the

preceding year, and embodying such recommendations as may have been

made by the Commission. The Commission may make such additional

reports as it may deem desirable.

ARTICLE VI. ADVISORY, TECHNICAL AND

REGIONAL COMMITTEES

The Commission shall establish such advisory, technical and

regional committees as it may deem necessary, membership on which

shall include private persons and public officials and shall

cooperate with and use the services of any such committees and the

organizations which the members represent in furthering any of its

activities. Such committees may be formed to consider problems of

special interest to any party states, problems dealing with

particular commodities or types of mining operations, problems

related to reclamation, development, or use of mined land, or any

other matters of concern to the Commission.

ARTICLE VII. FINANCE

(a) The Commission shall submit to the Governor or designated

officer or officers of each party state a budget of its estimated

expenditures for such period as may be required by the laws of that

party state for presentation to the legislature thereof.

(b) Each of the Commission's budgets of estimated expenditures

shall contain specific recommendations of the amount or amounts to

be appropriated by each of the party states. The total amount of

appropriations requested under any such budget shall be apportioned

among the party states as follows: one-half in equal shares; and the

remainder in proportion to the value of minerals, ores, and other

solid matter mined. In determining such values, the Commission

shall employ such available public source or sources of information

as, in its judgment, present the most equitable and accurate

comparisons among the party states. Each of the Commission's

budgets of estimated expenditures and requests for appropriations

shall indicate the source or sources used in obtaining information

concerning value of minerals, ores, and other solid matter mined.

(c) The Commission shall not pledge the credit of any party

state. The Commission may meet any of its obligations in whole or

in part with funds available to it under Article V(h) of this

compact: provided that the Commission takes specific action setting

Oklahoma Statutes - Title 45. Mines and Mining Page 125

aside such funds prior to incurring any obligation to be met in

whole or in part in such manner. Except where the Commission makes

use of funds available to it under Article V(h) hereof, the

Commission shall not incur any obligation prior to the allotment of

funds by the party states adequate to meet the same.

(d) The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to the audit and accounting procedures established

under its bylaws. All receipts and disbursements of funds handled

by the Commission shall be audited yearly by a qualified public

accountant and the report of the audit shall be included in and

become part of the annual report of the Commission.

(e) The accounts of the Commission shall be open at any

reasonable time for inspection by duly constituted officers of the

party states and by any persons authorized by the Commission.

(f) Nothing contained herein shall be construed to prevent

Commission compliance with laws relating to audit or inspection of

accounts by or on behalf of any government contributing to the

support of the Commission.

ARTICLE VIII. ENTRY INTO FORCE

AND WITHDRAWAL

(a) This compact shall enter into force when enacted into law by

any four or more states. Thereafter, this compact shall become

effective as to any other state upon its enactment thereof.

(b) Any party state may withdraw from this compact by enacting a

statute repealing the same, but no such withdrawal shall take effect

until one (1) year after the Governor of the withdrawing state has

given notice in writing of the withdrawal to the governors of all

other party states. No withdrawal shall affect any liability

already incurred by or chargeable to a party state prior to the time

of such withdrawal.

ARTICLE IX. EFFECT ON OTHER LAWS

Nothing in this compact shall be construed to limit, repeal or

supersede any other law of any party state.

ARTICLE X. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate

the purposes thereof. The provisions of this Compact shall be

severable and if any phrase, clause, sentence or provision of this

Compact is declared to be contrary to the constitution of any state

or of the United States or the applicability thereof to any

government, agency, person or circumstance is held invalid, the

validity of the remainder of this Compact and the applicability

thereof to any government, agency, person or circumstance shall not

be affected thereby. If this Compact shall be held contrary to the

constitution of any state participating herein, the compact shall

remain in full force and effect as to the remaining party states and

Oklahoma Statutes - Title 45. Mines and Mining Page 126

in full force and effect as to the state affected as to all

severable matters.
Okla. Stat. tit. 45, § 45-911 — OK Code / Title 45 / Section 45-911
Explosives - Rules and procedures for storage
Status: in_force

A. Rules and procedures for storage of explosives shall be as

follows:

1. Detonators and other cap-sensitive high explosives shall be

stored in magazines provided for that purpose. Blasting agents may

be stored in van-type trailers, provided they are well-ventilated,

kept clean and free of extraneous material that could create a fire

hazard;

2. Separate magazines shall be provided for the storage of

detonators and for explosives;

3. Detonators shall not be stored in the same magazine with

explosives or blasting agents;

4. Blasting agents, safety fuse or detonating cord may be

stored with explosives, but blasting agents must be kept physically

separated from the fuse, detonating cord and explosives;

5. Magazines shall be:

a. located in accordance with the current American Table

of Distances for Storage of Explosives,

b. detached structures located away from power lines,

fuel storage area and other possible sources of fire,

c. constructed substantially of noncombustible material

or covered with fire-resistant material,

d. reasonably bullet-resistant,

e. electrically bonded and grounded if constructed of

metal,

f. made of nonsparking materials on the inside, including

floors,

g. provided with adequate and effectively screened

ventilation openings near the floor and ceiling,

h. kept securely locked when unattended,

i. posted with suitable danger signs so located that a

bullet passing through the face of a sign will not

strike the magazine,

Oklahoma Statutes - Title 45. Mines and Mining Page 136

j. used exclusively for storage of blasting agents,

explosives, or detonators and kept free of all

extraneous materials,

k. kept clean and dry in the interior, and in good

repair, and

l. unheated, unless heated in a manner that does not

create a fire or explosion hazard. Electrical heating

devices shall not be used inside a magazine;

6. Only permissible lights, worn or carried, shall be used

inside magazines;

7. Areas surrounding magazines not less than twenty-five (25)

feet in all directions shall be kept free of rubbish and other

combustibles;

8. Smoking and open flames shall not be permitted within

twenty-five (25) feet of explosives and detonator storage magazines;

9. Cases of explosives shall be stored in such a manner as to

assure the use of the oldest stock first;

10. Ammonium nitrate fuel oil mixtures shall be physically

separated from dynamite stored in the same magazine and in such a

manner that oil does not contaminate the dynamite; and

11. Cases of explosives shall not be stored on case ends or

sides nor in stacks over six (6) feet high.

B. Rules and procedures as follows shall be complied with in

the transportation of explosives:

1. Explosives and detonators shall be transported in separate

vehicles unless separated by four (4) inches of hardwood or the

equivalent;

2. Self-propelled vehicles used to transport explosives or

detonators shall be equipped with suitable fire extinguishers and

marked with proper warning signs;

3. When vehicles containing explosives or detonators are

parked, the brakes shall be set, the motive power shut off when not

in use, and if parked on an incline, the vehicle shall be blocked

securely against rolling;

4. Vehicles containing explosives or detonators shall not be

left unattended except in blasting areas where loading or charging

is in progress;

5. Vehicles containing explosives or detonators shall not be

taken to a repair garage or shop for any purpose;

6. Vehicles used to transport explosives or detonators shall be

maintained in good condition and shall be operated at a safe speed

and in accordance with recognized safe operating practices;

7. Vehicles used to transport explosives other than Ammonium

Nitrate Fuel Oil (ANFO) mixtures shall have substantially

constructed bodies, no sparking metal exposed in the cargo space,

and the explosives shall not be piled higher than the side or end

enclosures;

Oklahoma Statutes - Title 45. Mines and Mining Page 137

8. Explosives shall be transported at times and over routes

that endanger a minimum number of persons;

9. Other materials or supplies shall not be placed on or in the

cargo space of a conveyance containing explosives or detonators;

10. No person shall smoke while transporting or handling

explosives or detonators;

11. Only the necessary attendants shall ride on or in vehicles

containing explosives or detonators;

12. Explosives shall be transported promptly without undue

delays in transit;

13. Nonconductive containers with tight-fitting covers shall be

used to transport or carry capped fuses and electric detonators to

blasting sites; and

14. Substantial nonconductive closed containers shall be used

to carry explosives to blasting sites.

C. Rules and procedures as follows shall be complied with in

the use of explosives, with the exception of persons with a valid

coal permit issued by the Department of Mines:

1. Persons who use explosives, blasting agents or detonators

shall be certified by the Oklahoma Mining Commission. Such persons

shall understand the hazards involved, and trainees shall do such

work only under the supervision of and in the immediate presence of

certified persons;

2. Blasting operations shall be under the direct control of

certified persons designated by the operator for that purpose;

3. Damaged or deteriorated explosives, blasting agents and

detonators shall be disposed of in a safe manner;

4. Holes to be blasted shall be charged as near to blasting

time as practical, and such holes shall be blasted as soon as

practical after charging has been completed;

5. No person shall smoke within fifty (50) feet of explosives,

blasting agents or detonators;

6. Explosives and blasting agents shall be kept separated from

detonators until charging of holes is started;

7. Primers shall be made up at the time of charging and as

close to the blasting site as conditions allow;

8. Only wooden or other nonsparking devices shall be used to

punch holes in explosives cartridges;

9. Tamping poles shall be blunt and squared at one end and made

of wood or other nonsparking material;

10. No tamping shall be done directly on primer cartridges;

11. Unused explosives and detonators shall be moved to a safe

location as soon as charging operations are completed;

12. Approaches to areas in which charged holes are awaiting

firing shall be guarded, or barricaded and posted, or flagged,

against unauthorized entry. If blasting is done after dark, red

Oklahoma Statutes - Title 45. Mines and Mining Page 138

flashing lights shall be used at the approaches to the blasting

area;

13. When a blast is about to be fired, ample warning shall be

given to allow all persons to retreat to a safe place. Each mine

shall have a definite plan of warning signals that can be clearly

seen or heard by anyone in the blasting area. The operator shall

inform all employees at the local mine as to the established

procedure;

14. Enclosed blasting shelters constructed of strong materials

shall be provided to protect all persons endangered by flying rock

from blasting;

15. When safety fuse has been used, persons shall not return to

misfired holes for at least thirty (30) minutes;

16. When electric blasting caps have been used, persons shall

not return to misfired holes for at least fifteen (15) minutes.

Leading wires from the power source must be disconnected before

persons can be allowed to return to the blasting sites;

17. Blasted materials shall be examined for undetonated

explosives after each blast and undetonated explosives found shall

be disposed of safely;

18. Misfires shall be reported to the proper supervisor and

shall be disposed of safely before any other work is performed in

the blasting area;

19. Blast holes in hot-hole areas and holes that have been

sprung shall not be charged before tests have been made to insure

that the heat has been dissipated to a safe level;

20. If explosives are suspected of burning in a hole, all

persons in the endangered area shall move to a safe location until

the danger has passed;

21. Holes shall not be drilled where there is danger of

intersecting a charge or misfired hole;

22. Fuses and igniters shall be stored in a cool, dry place

away from oils or grease;

23. Fuses shall not be kinked, bent sharply or handled roughly;

24. Fuses shall be cut and capped in safe, dry locations posted

with "No Smoking" signs;

25. Blasting caps shall be crimped to fuses only with devices

designed for that specific purpose;

26. Fuses of less than forty-eight (48) inches in length shall

not be used for any purpose;

27. At least two persons shall be present when lighting fuses,

and no person shall light more than fifteen individual fuses. If

more than fifteen holes per person are to be fired, igniter cord and

connectors or electric blasting shall be used;

28. A safe interval of time shall be allowed to light a round

and evacuate the blasting area;

Oklahoma Statutes - Title 45. Mines and Mining Page 139

29. Fuses shall be ignited with hot-wire lighters, lead

spitters, igniter cord or other such devices designed for this

purpose;

30. Fuses shall not be ignited before the primer and the entire

charge are securely in place;

31. Electric detonators of different brands shall not be used

in the same round;

32. Electric detonators shall remain shunted until they are

being wired into the blasting circuit. Lead lines and wired rounds

shall be kept shunted until immediately before blasting;

33. Completely wired rounds shall be tested with a blasting

galvanometer before connections are made to the blasting line;

34. Lead wires and blasting lines shall not be strung across

power conductors, pipelines or within twenty (20) feet of bare power

lines. They shall be protected from sources of static or other

electrical contact;

35. Permanent blasting lines shall be properly supported,

insulated and kept in good repair;

36. Charging shall be stopped immediately when the presence of

static electricity or stray current is detected; the condition shall

be corrected before charging is resumed;

37. Charging of holes shall be suspended and the persons

withdrawn to a safe location upon the approach of an electrical

storm;

38. Safety switches and blasting switches shall be labeled,

encased in boxes and arranged so that the covers of the boxes cannot

be closed with the switches in closed position;

39. Blasting switches shall be locked in the open position

except when closed to fire the blast. Lead wires shall not be

connected to the blasting switch until the shot is ready to be

fired;

40. The key to a blasting switch shall be entrusted only to the

person designated to fire blasts;

41. Electric circuits from the blasting switches to the blast

area shall not be grounded;

42. At least a five-foot air gap shall be provided between the

blasting circuit and the power circuit;

43. Where electric blasting is to be performed, electric

circuits to equipment within twenty-five (25) feet of a hole that is

to be charged with an electric blasting cap shall be de-energized

before electric detonators are brought into the immediate area, or

the electric equipment shall be moved out of the immediate area;

44. Power sources shall be suitable for the number of electric

detonators to be fired and for the type of circuits used;

45. When instantaneous blasting is performed, the double-

trunkline or loop system shall be used in detonating-cord blasting;

Oklahoma Statutes - Title 45. Mines and Mining Page 140

46. When instantaneous blasting is performed, trunklines in

multiple-row blasting shall make one or more complete loops with

crossties between loops at intervals of not over two hundred (200)

feet;

47. All detonating-cord knots shall be tight and all

connections shall be kept at right angles to the trunklines;

48. Delay connectors for firing detonating-cord shall be

treated and handled with the same safety precautions as blasting

caps and electric detonators; and

49. Detonating-cord shall not be kinked, bent or otherwise

handled in such a manner that the train of detonation may be

interrupted.

D. Rules and procedures as follows shall be complied with in

dealing with sensitized ammonium nitrate blasting agents:

1. When sensitized ammonium nitrate mixtures and blasting

agents are used, the same precautions shall be taken as for high

explosives;

2. Adequate priming shall be employed to guard against

misfires, increased toxic fumes and poor performance;

3. Where pneumatic loading is employed, before any type of

blasting operation using blasting agents is put into effect, an

evaluation of the potential hazard of static electricity shall be

made. Adequate steps, including the grounding of the conductive

parts of pneumatic loading equipment, shall be taken to eliminate

the hazard of static electricity before blasting agent preparation

is commenced;

4. Pneumatic loading equipment shall not be grounded to water

lines, air lines, rails or other permanent electrical grounding

systems;

5. Hoses used in connection with pneumatic loading machines

shall be of the semiconductive type having a total resistance low

enough to permit the dissipation of static electricity and high

enough to limit the flow of stray electric currents to a safe level.

Wire-countered hose shall not be used because of the potential

hazard from stray electric currents; and

6. Plastic tubes shall not be used to protect pneumatically

loaded blasting agent charges against water unless a positive

grounding system is provided to drain electrostatic charges from the

holes.
Okla. Stat. tit. 45, § 45-950 — OK Code / Title 45 / Section 45-950
Moratorium on issuing permits or amending permits for
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 6locations overlying sensitive sole source groundwater basins or

subbasins.

A. For purposes of this section, a "subject mine" shall mean a

mine, as defined in paragraph 2 of Section 723 of Title 45 of the

Oklahoma Statutes, proposed for a location overlying a sensitive

sole source groundwater basin or subbasin, exclusive of any mine

that meets at least one of the following conditions:

1. As of November 1, 2019, is engaged in the permitted

extraction of minerals from natural deposits; or

2. Satisfies the criteria of paragraph 1 or 2 of subsection C

of Section 1020.2 of Title 82 of the Oklahoma Statutes; or

3. Is not to be permitted to operate for a period of more than

five (5) years, with no extensions or renewals; or

4. The operation of which will not result in more than five (5)

acre-feet per year of groundwater emanating from a sensitive sole

source groundwater basin or subbasin to infiltrate its pit, as that

term is defined in paragraph 12 of Section 723 of Title 45 of the

Oklahoma Statutes.

Oklahoma Statutes - Title 45. Mines and Mining Page 156

B. Due to the inadequacy of existing technical resources,

analytic tools and regulatory systems for purposes of the effective

implementation of statutes relating to the operation of mines that

overlies a sensitive sole source groundwater basin or subbasin, the

Legislature hereby declares and establishes a moratorium on the

Department of Mines issuing, in relation to any location overlying a

sensitive sole source groundwater basin or subbasin or in which

groundwater emanating from any sensitive sole source groundwater

basin or subbasin may collect within a pit, as defined in paragraph

12 of Section 723 of Title 45 of the Oklahoma Statutes:

1. Any permit, pursuant to Section 724 of Title 45 of the

Oklahoma Statutes, to any subject mine;

2. Any amendment or revision to any existing mining permit,

that covers additional land which shall include extensions of

boundaries shown in the initial permit, pursuant to subsection J of

Section 724 of Title 45 of the Oklahoma Statutes, if such amendment

or revision would increase the acreage under such permit for that

mine location by more than one hundred percent (100%) or four

hundred (400) acres, whichever is less, as compared to the acreage

under permit for that mine location prior to the effective date of

this act; provided, however, on or after November 1, 2030, there

shall be no limitation on an increase in acreage as specified in

this paragraph.

C. Notwithstanding the moratorium, nothing in paragraph 2 of

subsection B of this section shall preclude the Department of Mines

from issuing an amendment or revision to cover additional land,

other changes to method or conduct of mining, reclamation operations

contemplated by the original permit or other authorization to allow

a change in mine ownership or to implement bonding under a permit

issued prior to the effective date of this act, nor shall any permit

amendment or revision issued pursuant to this section be deemed to

render the permitted mine a subject mine for purposes of Title 27A,

45 or 82 of the Oklahoma Statutes.

D. Notwithstanding the moratorium or any other provision of

law, the Department of Mines shall not require a permit for purposes

of road or railroad construction in relation to mining activities by

any mine.

E. The moratorium shall remain in effect until such time as:

1. The conditions of subsection C of Section 3 of this act have

been satisfied; and

2. The Department of Mines promulgates final rules to provide

for effective interagency consultation and coordination of

activities among the Department, the Oklahoma Water Resources Board

and the Department of Environmental Quality on all administrative

matters relating to the operation of mines at locations that overlie

a sensitive sole source groundwater basin or subbasin.

Oklahoma Statutes - Title 45. Mines and Mining Page 157

F. The Department of Mines is hereby authorized and instructed

to promulgate rules to implement the provisions of this section.

G. The Department of Mines is hereby authorized to cooperate

with federal, tribal and any other agencies in this state in

performing its responsibilities under this section.
Okla. Stat. tit. 45, § 45-751 — OK Code / Title 45 / Section 45-751
Disturbances to hydrologic balance
Status: in_force

The operator shall minimize the disturbances to the prevailing

hydrologic balance, at the mine site and in associated offsite

areas, and to the quality and quantity of water in surface and

ground water systems both during and after surface coal mining

operations and during reclamation by:

1. Avoiding acid or other toxic mine drainage by such measures

as, but not limited to:

a. preventing or removing water from contact with toxic

producing deposits,

b. treating drainage to reduce toxic content which

adversely affects downstream water upon being released to water

courses, and

c. casing, sealing, or otherwise managing boreholes,

shafts, and wells and keeping acid or other toxic drainage from

entering ground and surface waters;

2. a. Conducting surface coal mining operations so as to

prevent, to the extent possible using the best technology

currently available, additional contributions of suspended solids to

streamflow, or runoff outside the permit area, but in no event shall

contributions be in excess of requirements set by applicable state

or federal law, and

b. constructing any siltation structures pursuant to this

paragraph prior to commencement of surface coal mining operations.

Such structures shall be certified by a qualified registered

engineer to be constructed as designed and as approved in the

reclamation plan;

3. Cleaning out and removing temporary or large settling ponds

or other siltation structures from drainways after disturbed areas

are revegetated and stabilized, and depositing the silt and debris

at a site and in a manner approved by the Department;

4. Restoring recharge capacity of the mined area to

approximate premining conditions;

5. Avoiding channel deepening or enlargement in operations

requiring the discharge of water from mines;

6. Preserving throughout the mining and reclamation process

the essential hydrologic functions of alluvial valley floors in the

arid and semiarid areas of the country; and

7. Such other actions as the Department may prescribe.
Okla. Stat. tit. 45, § 45-415 — OK Code / Title 45 / Section 45-415
Dangerous conditions - Additional shafts
Status: in_force

The Mine Inspector is hereby authorized, empowered and directed

to thoroughly inspect all underground excavations in all said mines

as often as the Inspector may deem proper, to ascertain the

condition of said underground excavations with respect to the safety

of all employees working in such underground excavation; and, if

after such examination the Inspector shall find that the safety of

the employees engaged in working in such excavations is imperiled by

reason of there being only one shaft or outlet by which a distinct

means of ingress and egress is always available to such employees,

it shall be the right and duty of such Inspector to immediately

notify the operator of such mine, in writing, specifying the

particular underground excavations so found to be dangerous, and

direct the operator to, within thirty (30) days after receiving such

notice, commence to sink another shaft or provide another outlet for

such underground excavation and prosecute the sinking of such shaft

or the securing of another outlet with all due diligence until the

same is completed. And the Mine Inspector aforesaid shall have the

power if he deems it for the safety of the employees, to order the

operator of said mine to withdraw all employees engaged in working

in such underground excavations so found to be unsafe or dangerous,

until such other shaft or outlet shall have been completed, or until

further notified by such Inspector.
Okla. Stat. tit. 45, § 45-940 — OK Code / Title 45 / Section 45-940
Fly ash or other material from coal combustion, power-
Status: in_force

generating facilities and kiln dust generated by cement-producing

entities - Solid waste permit exemption.

A. All fly ash, bottom ash or any other such material produced

by coal combustion, power-generating facilities shall be exempt from

all solid waste permitting requirements pursuant to Title 27A of the

Oklahoma Statutes, provided such ash is constructively reutilized,

or disposed of in any active or inactive coal mining operation

subject to the provisions contained in Title 45 of the Oklahoma

Statutes. The disposal of fly ash, bottom ash or any other such

material generated by the burning of coal for the purpose of

generating electricity by electric utilities and independent power

producers in any noncoal mining operation shall be subject to the

solid waste permitting requirements in Title 27A of the Oklahoma

Statutes.

B. All ash and kiln dust generated by cement-producing entities

shall be exempt from all solid waste permitting requirements

pursuant to Title 27A of the Oklahoma Statutes, provided such ash or

dust is constructively reutilized, or disposed of in any active or

inactive coal or noncoal mining operation subject to the provisions

contained in Title 45 of the Oklahoma Statutes.
Okla. Stat. tit. 45, § 45-441 — OK Code / Title 45 / Section 45-441
Use of engines equipped for detoxification permitted -
Status: in_force

Approval of use - Inspections - Suspension or discontinuance of use.

The use of diesel engines equipped for detoxification in

accordance with rules and regulations promulgated by the U.S. Bureau

of mines may be used in lead, zinc, and other metal mines in this

state. Provided, the use of such engine or engines in any such mine

is 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 and provided further, that the diesel engine or

engines and the safety equipment thereon to be used in any such mine

shall also have been approved for use in such mine, by the assistant

mine inspector, and such finding is approved by the Chief Mine

Inspector. The assistant mine inspector and the Chief Mine

Inspector, in issuing any such approval, shall follow the rules and

regulations and recommendations of the U.S. Bureau of mines. The

assistant mine inspector shall make periodical inspections to

determine whether such engines in such mines are emitting fumes

Oklahoma Statutes - Title 45. Mines and Mining Page 29

which make it unsafe for such engines to be used. The assistant

mine inspector or the Chief Mine Inspector shall have the authority

to order that conditions be remedied, and to suspend the use of such

engines in any mine, or to order the discontinuance altogether of

such engines in any such mine. Such orders shall be enforced as

other orders of such officers are enforced.
Okla. Stat. tit. 45, § 45-513 — OK Code / Title 45 / Section 45-513
Quality and testing of chains
Status: in_force

The main coupling chain, attached to the socket of the wire

rope, shall be made of the best quality of iron and shall be tested

by weights, or otherwise, to the satisfaction of the mine inspector

of the district where the mine is located, and the bridle chains

Oklahoma Statutes - Title 45. Mines and Mining Page 35

shall be attached to the main hoisting rope above the socket from

the top cross piece of the carriage or cage so that no single chain

shall be used for lowering persons into or hoisting them out of the

mine.
Okla. Stat. tit. 45, § 45-745.5 — OK Code / Title 45 / Section 45-745.5
Reclamation plan
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 74

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

the Department as part of the permit application a reclamation plan

which shall meet the requirements of this act. Each reclamation

plan submitted as part of a permit application shall include, in the

degree of detail necessary to demonstrate that reclamation required

can be accomplished, a statement of:

1. The identification of the lands subject to surface coal

mining operations over the estimated life of those operations and

the size, sequence and timing of the subareas for which it is

anticipated that individual permits for mining will be sought;

2. The condition of the land to be covered by the permit prior

to any mining including:

a. the uses existing at the time of the application, and

if the land has a history of previous mining, the uses which

preceded any mining,

b. the capability of the land prior to any mining to

support a variety of uses giving consideration to soil and

foundation characteristics, topography, vegetative cover and, if

applicable, a soil survey, and

c. the productivity of the land prior to mining, including

appropriate classification as prime farmlands, as well as the

average yield of food, fiber, forage or wood products from such

lands obtained under high levels of management;

3. The use which is proposed to be made of the land following

reclamation, including a discussion of the utility and capacity of

the reclaimed land to support a variety of alternative uses and the

relationship of such use to existing land use policies and plans,

and the comments of any owner of the surface, state and local

governments or agencies thereof which would have to initiate,

implement, approve or authorize the proposed use of the land

following reclamation;

4. A detailed description of how the proposed postmining land

use is to be achieved and the necessary support activities which may

be needed to achieve the proposed land use;

5. The engineering techniques proposed to be used in mining

and reclamation and a description of the major equipment; a plan for

the control of surface water drainage and of water accumulation; a

plan, where appropriate, for backfilling, soil stabilization, and

compacting, grading and appropriate revegetation; a plan for soil

reconstruction, replacement and stabilization; an estimate of the

cost per acre of the reclamation, including a statement as to how

the permittee plans to comply with each of the requirements of

Oklahoma mining reclamation law;

6. The consideration which has been given to maximize the

utilization and conservation of the solid fuel resource being

recovered so that reaffecting the land in the future can be

minimized;

Oklahoma Statutes - Title 45. Mines and Mining Page 75

7. A detailed estimated timetable for the accomplishment of

each major step in the reclamation plan;

8. The consideration which has been given to making the

surface mining and reclamation operations consistent with surface

owner plans, and applicable state and local land use plans and

programs; 9. The steps to be taken to comply with applicable air

and water quality laws and regulations and any applicable health and

safety standards;

10. The consideration which has been given to developing the

reclamation plan in a manner consistent with local physical

environmental, and climatological conditions;

11. All lands, interests in lands, or options on such

interests held by the applicant or pending bids on interests in

lands by the applicant, which lands are contiguous to the area to be

covered by the permit;

12. The results of test boring which the applicant has made at

the area to be covered by the permit, or other equivalent

information and data, including the location of subsurface water,

and an analysis of the chemical properties including acid-forming

properties of the coal and other minerals and overburden.

Information which pertains only to the analysis of the chemical and

physical properties of the coal shall be kept confidential and not

made a matter of public record. Information regarding mineral or

elemental contents which are potentially toxic in the environment

shall be a part of the public record;

13. A detailed description of the measures to be taken during

the mining and reclamation process to assure the protection of:

a. the quality of surface and ground water systems, both

on- and off-site, from adverse effects of the mining and reclamation

process,

b. the rights of present users to such water, and

c. the quantity of surface and ground water systems, both

on- and off-site, from adverse effects of the mining and reclamation

process or to provide alternative sources of water where such

protection of quantity cannot be assured; and

14. Such other requirements as the Department shall prescribe

by regulations.

B. Any information required by this section which is not on

public file pursuant to state law shall be held in confidence by the

Department. Information which pertains only to the chemical and

physical properties of the coal, except those properties which are

potentially toxic in the environment, shall be kept confidential and

not made a matter of public record.
Okla. Stat. tit. 45, § 45-724 — OK Code / Title 45 / Section 45-724
Permits - Limited Use Permits - Applications - Bond -
Status: in_force

Permit or bond release applications.

A. It shall be unlawful for any operator to engage in any

mining operations in this state without first obtaining a permit or

a Limited Use Permit from the Department of Mines for each separate

mining operation. The Department shall determine what constitutes a

Oklahoma Statutes - Title 45. Mines and Mining Page 47

separate mining operation by rules promulgated under the Mining

Lands Reclamation Act.

B. Any operator desiring to engage in limited mining activity

may apply for a Limited Use Permit for those mining operations not

eligible for a surface mining permit. Application for such permit

shall be made upon forms furnished by the Department. The form

shall contain a description of the tract or tracts of land and shall

include the section, township, range and county in which the land is

located. A map shall be attached to the application which

accurately outlines and locates the tract of land. A statement that

the applicant has the right and power by legal estate owned to mine

the land so described shall be included with the application. In

addition, the following conditions and requirements shall apply to

Limited Use Permits:

1. The maximum acreage shall be restricted to two (2) acres;

2. The term of a Limited Use Permit shall not exceed twelve

(12) months from the date of issuance;

3. A Limited Use Permit shall not carry a right of successive

renewal;

4. A Limited Use Permit site must be reclaimed as required by

Section 725 of this title within six (6) months following the

expiration of the permit term;

5. A three-thousand-five-hundred-dollar reclamation bond must

be filed with the Department prior to issuance of the permit;

6. Failure to reclaim the site disturbance within the permitted

time frame or revocation of the Limited Use Permit will be cause for

bond forfeiture or other action as may be ordered by the Department;

7. The use of processing equipment shall not be approved for a

Limited Use Permit;

8. The use of explosives shall not be approved under a Limited

Use Permit;

9. A processing fee of One Hundred Dollars ($100.00) shall

accompany the application for a Limited Use Permit; and

10. Mining production shall be reported and paid as required by

Section 931 of this title.

If the above listed conditions and requirements are met, the

Department may issue a Limited Use Permit which shall not be subject

to the notice and publication requirements as otherwise required by

this section.

C. 1. Any operator desiring to engage in surface mining shall

make written application to the Department for a permit.

Application for such permit shall be made upon a form furnished by

the Department. The form shall contain a description of the tract

or tracts of land and the estimated number of acres to be affected

by surface mining by the operator. The description shall include

the section, township, range and county in which the land is located

Oklahoma Statutes - Title 45. Mines and Mining Page 48

and shall otherwise describe the land with sufficient certainty so

that it may be located and distinguished from other lands.

2. Transmission lines shall be plotted on a location map

submitted with the application. A statement that the operator has

the right and power by legal estate owned to mine by surface mining

the land so described shall be included with the application.

D. 1. Any operator desiring to engage in underground mining

shall make written application to the Department for a permit.

Application for such permit shall be made upon a form furnished by

the Department. The form shall contain a description of the tract

or tracts of land to be used as refuse disposal areas. The

description shall include the section, township, range and county in

which the land is located and shall otherwise describe the land with

sufficient certainty so that it may be located and distinguished

from other lands.

2. A statement that the applicant has the right and power by

legal estate owned to use the land so described as a refuse disposal

area shall be included with the application.

E. Each application for a permit under subsections C and D of

this section shall be accompanied by a plan of reclamation of the

affected land that meets the requirements of the Mining Lands

Reclamation Act. The application shall set forth the proposed use

to be made of the affected land, the grading to be accomplished, the

type of revegetation, and shall include the approximate time of

grading and initial revegetation effort.

F. Each application for a permit under subsections C and D of

this section shall be accompanied by the bond or security meeting

the requirements of Section 728 of this title, or proof that such

bond or security is still in effect, and a fee of One Hundred

Seventy-five Dollars ($175.00) for each permit year, payable at the

rate of One Hundred Seventy-five Dollars ($175.00) per year on the

anniversary date of the year in which the permit or permit renewal

was issued. All application fees shall be submitted to the State

Treasurer, who shall deposit them in the Department of Mines

Revolving Fund.

G. 1. Upon the receipt of such application, bond or security

and fee due from the operator, the Department may issue a permit to

the applicant which shall entitle the applicant to engage in mining

on the land therein described in accordance with the rules

promulgated by the Department, for the life expectancy of the

operation unless the operator is in violation of any state statute

or rule of the Department in which case the Department shall take

appropriate action against the operator.

2. All applications for renewal of existing permits shall be

filed prior to the expiration of the existing permit in accordance

with the rules promulgated by the Department.

Oklahoma Statutes - Title 45. Mines and Mining Page 49

3. No permit shall be issued except upon proper application and

public hearing, if requested.

H. 1. a. Upon filing the application with the Department, the

applicant shall place an advertisement in a newspaper

of general circulation in the vicinity of the mining

operation, containing such information as is required

by the Department, at least once a week for four (4)

consecutive weeks.

b. The advertisement shall contain, at a minimum, the

following:

(1) the name and business address of the applicant,

(2) a description which clearly shows or describes

the precise location and boundaries of the

proposed permit area and is sufficient to enable

local residents to readily identify the proposed

permit area. It may include towns, bodies of

water, local landmarks, and any other information

which would identify the location,

(3) the location where a copy of the application is

available for public inspection,

(4) the name and address of the Department where

written comments, objections, or requests for

informal conferences on the application may be

submitted pursuant to subsection P of this

section,

(5) if an applicant seeks a permit to mine which

includes relocation or closing of a public road,

a copy of the county resolution pertaining to the

affected county road, and

(6) such other information as is required by the

Department.

2. Any property owner or resident of an occupied dwelling who

may be adversely affected located within one (1) mile of the mining

operation shall have the right to protest the issuance of a permit

and request a public hearing.

3. The Department shall notify the surface owners of any

hearings in connection with applications or permits in the same

manner as the operator is notified.

4. Such protests must be received by the Department within

fourteen (14) days after the date of publication of the newspaper

advertisement. If a public hearing is requested, the Department

shall then hold an informal hearing in the vicinity of the proposed

mining.

5. Upon completion of findings after the hearing, the

Department shall determine whether to issue or deny the permit, and

shall notify all parties of its decision.

Oklahoma Statutes - Title 45. Mines and Mining Page 50

6. Any decision regarding the issuance of a permit under this

section shall be appealable when entered, as provided in the

Administrative Procedures Act.

I. Each application for a new operation shall contain, where

applicable, a list of all other licenses and permits needed by the

applicant to conduct the proposed mining operation. This list shall

identify each license and permit by:

1. Type of permit or license;

2. Name and address of issuing authority;

3. Identification number or a copy of the application for

permits or licenses or, if issued, a copy of the permit or license;

and

4. If a decision has been made, the date of approval or

disapproval by each issuing authority.

An existing operation which does not have on file a list of the

applicable licenses or permits with the Department on the date of

enactment of this act shall not be out of compliance with the

provisions of this section. Any renewal of an existing permit or

expansion or amendment to an existing operation upon time of

application shall submit a copy of all approved licenses and permits

issued by other agencies or jurisdictions.

Identifications of all permits and licenses shall include local

government agencies with jurisdiction over or an interest in the

area of the proposed mining operation including, but not limited to,

planning agencies, water and sewer authorities; and all state and

federal government agencies with authority to issue permits and

licenses applicable to the proposed mining operation, including all

state environmental agencies, U.S. Army Corps of Engineers, U.S.

Department of Agriculture Natural Resources Conservation Service

district office, and federal fish and wildlife agencies.

J. An operator desiring to have such operator's permit amended

to cover additional land may file an amended application with the

Department. Upon receipt of the amended application, and such

additional bond as may be required under the provisions of the

Mining Lands Reclamation Act, the Department shall issue an

amendment to the original permit covering the additional land

described in the amended application, without the payment of any

additional fee.

K. An operator may withdraw any land covered by a permit,

deleting affected land therefrom, by notifying the Department, in

which case the penalty of the bond or security filed by such

operator pursuant to the provisions of the Mining Lands Reclamation

Act shall be reduced proportionately.

L. Permits issued to an operator may be transferable to another

operator, provided the new operator can demonstrate to the

Department, prior to the transfer of ownership, that conditions and

obligations required for the permit will be met and the new operator

Oklahoma Statutes - Title 45. Mines and Mining Page 51

has submitted a performance bond or other guarantee, or has obtained

the bond coverage of the original permittee.

M. The perimeter of the permit area shall be clearly marked by

durable and recognizable markers or by other means approved by the

Department.

N. The Department shall determine the blasting distance to

transmission lines by rule.

O. 1. If any mining operations where blasting is required

occur within the limits of a municipality with a population in

excess of three hundred thousand (300,000) according to the latest

Federal Decennial Census or within the limits of a municipality

within a county with a population in excess of three hundred

thousand (300,000) according to the latest Federal Decennial Census,

the application for a permit pursuant to subsections C and D of this

section shall be accompanied by proof that the operator is in full

compliance with all applicable regulations of the municipality.

Certified copies of any required municipal permits and any other

required written municipal approvals shall be attached to the

application when submitted to the Department. No mining permit

shall be issued by the Department unless the applicant first

complies with the requirements of this subsection. A municipality

is not required to reconsider requests denied by the municipality

related to the same site unless the municipality determines there

has been a material change in the application.

2. The provisions of paragraph 1 of this subsection shall not

apply to existing permitted operations, revisions or amendments

thereto, or any application on file with the Department prior to May

25, 2005. In addition, the provisions of paragraph 1 of this

subsection shall not apply to any future operation on property

directly adjacent to property on which a permitted operation is

located, provided that the operation is permitted and the adjacent

property is owned or leased by the operator on the effective date of

this act. For purposes of this subsection, properties separated by

a public road shall be considered to be adjacent.

P. Within a reasonable time, as established by the Department,

written comments or objections on permit or bond release

applications may be submitted to the Department by public entities

including but not limited to the local soil conservation district,

with respect to the effects of the proposed mining operations on the

environment.

Q. Any person having an interest in or who is or may be

adversely affected by the decision on a permit or bond release

application, or any federal, state or local agency, shall have the

right to request in writing that the Department hold an informal

conference on the application. The Department shall hold the

informal conference within a reasonable time following the receipt

Oklahoma Statutes - Title 45. Mines and Mining Page 52

of the written request at a location in the vicinity of the proposed

or active surface mining or reclamation operation.
Okla. Stat. tit. 45, § 45-853 — OK Code / Title 45 / Section 45-853
Supplementary agreements - Legislative appropriation
Status: in_force

Any supplementary agreement entered into pursuant to Article VII

of Compact and requiring the expenditure of funds or the assumption

of an obligation to expend funds shall not become effective as to

this state prior to the making of an appropriation therefor by the

Legislature. Provided, that with respect to the payment of this

state's share of the budget of expenditures for the maintenance of

the Commission as provided in Article V of the Compact, the Governor

may, in the absence of a specific legislative appropriation for such

purpose, use appropriations as are made available to him for

emergency and contingency expenditures.
Okla. Stat. tit. 45, § 45-505 — OK Code / Title 45 / Section 45-505
Conduct of developments
Status: in_force

In the preparation of maps of the territory being, or to be,

developed in mining operations, it shall be the duty of the

operator, where practicable, to furnish the district inspector

prospective plans suitable to the coal seam and adjacent strata, for

the safe economic extraction of coal or other mineral. It shall be

the duty of the operator to see that the developments are

systematically conducted to preserve the health, safety and welfare

of the employees and to prevent the unnecessary leaving of coal or

other mineral in the ground.
Okla. Stat. tit. 45, § 45-46 — OK Code / Title 45 / Section 45-46
Market study and sulfur emissions standards study -
Status: in_force

Recommendations.

The Oklahoma Mining Commission is authorized and directed,

within the limits of funds available to it, to study ways to expand

existing markets and create new markets for Oklahoma coal and other

minerals, to study the impact of sulfur emission standards on

burning of Oklahoma mined coal, and to make recommendations to the

Governor and Legislature for such purposes in a current and updated

report by February 1, 1988.
Okla. Stat. tit. 45, § 45-749 — OK Code / Title 45 / Section 45-749
Restoring excess overburden, spoils and waste materials
Status: in_force

In surface coal mining where the volume of overburden is large

relative to the thickness of the coal deposit and where the operator

demonstrates that due to volumetric expansion the amount of

overburden and other spoil and waste materials removed in the course

of the mining operation is more than sufficient to restore the

approximate original contour, the operator shall after restoring the

approximate contour, backfill, grade and compact, where advisable,

the excess overburden and other spoil and waste materials to attain

the lowest grade but not more than the angle of repose, and cover

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

ecologically sound land use compatible with the surrounding region.

Such overburden or spoil shall be shaped and graded in such a way as

to prevent slides, erosion and water pollution and shall be

revegetated in accordance with the requirements of this act.
Okla. Stat. tit. 45, § 45-901 — OK Code / Title 45 / Section 45-901
Definitions
Status: in_force

As used in this act:

1. "Active workings" means any place in a mine where miners are

normally required to work or travel;

2. "American table of distances" means the 1971 edition of "The

American Table of Distances for Storage of Explosives" published by

the Institute of Makers of Explosives;

3. "ANFO" means ammonium nitrate fuel oil mixtures;

4. "Approved" means tested and accepted for a specific purpose

by a nationally recognized safety agency;

5. "Barricaded" means obstructed to restrict the passage of

persons, vehicles or flying materials;

6. "Berm" means a pile or mound of material capable of

restraining a vehicle; also a shelf, ledge or material placed to

contain loose slope material;

7. "Blasting agent" means a cap insensitive chemical

composition or mixture consisting of fuel and oxidizer and no

explosive ingredient but which can be made to detonate when

initiated with a high strength explosive primer;

Oklahoma Statutes - Title 45. Mines and Mining Page 127

8. "Blasting area" means the area near blasting operations in

which concussion or flying material can reasonably be expected to

cause injury;

9. "Blasting cap" means a detonator containing a charge of

detonating compound which is ignited by electric current or the

spark of a fuse and is used for detonating explosives;

10. "Blasting circuit" means electric current used to fire

electric detonators or to ignite an igniter cord by means of an

electric starter;

11. "Box-type magazine" means a small, portable magazine used

to store limited quantities of explosives or detonators for short

periods of time in locations at the mine which are convenient to the

blasting sites at which they will be used;

12. "Capped fuse" means a length of safety fuse to which a

detonator has been attached;

13. "Capped primer" means a package or cartridge of explosives

which is specifically designed to transmit detonation to other

explosives and which contains a detonator;

14. "Certified person" means an individual who has

satisfactorily passed the required State Mining Board examination,

thereby earning a certificate of competency which will allow him to

work in a particular position for which certification is necessary;

15. "Combustible" means capable of being ignited and consumed

by fire;

16. "Commercial mine" means any mine from which the product is

mined for sale, exchange or commercial use. Except as the context

requires otherwise, this act applies only to commercial mines;

17. "Company official" means a member of the company

supervisory or technical staff;

18. "Department" means the State of Oklahoma Department of

Mines;

19. "Detonator" means a device containing a small detonating

charge that is used for detonating an explosive including, but not

limited to, blasting caps, exploders, electric detonators and delay

electric blasting caps;

20. "Distribution box" means a portable apparatus with an

enclosure through which an electric circuit is carried to one (1) or

more cables from a single incoming feedline, each cable circuit

being connected through individual overcurrent protective devices;

21. "Electric blasting cap" means a blasting cap designed for

and capable of being initiated by means of an electric current;

22. "Electric grounding" means to connect with the ground to

make the earth part of the circuit;

23. "Employee" means a person who works for wages or salary in

the service of an employer;

24. "Employer" means a person or organization employing one (1)

or more persons to work for wages or salary;

Oklahoma Statutes - Title 45. Mines and Mining Page 128

25. "Explosive" means any chemical compound, mixture or device,

the primary or common purpose of which is to function by explosion.

Explosives include, but are not limited to, black powder, dynamite,

nitroglycerin, fulminate and ammonium nitrate;

26. "Face" or "wall" means that part of any mine where

excavating is progressing or was last done;

27. "Flammable" means capable of being easily ignited and of

burning rapidly as defined by the National Fire Protection

Association;

28. "Highway" means any public road or travelway used by the

general public;

29. "Igniter cord" means a fuse, cordlike in appearance, which

burns progressively along its length with an external flame at the

zone of burning and is used for lighting a series of safety fuses in

the desired sequence;

30. "Inhabited building" means a building regularly occupied in

whole or in part as a habitation for human beings, or any church,

schoolhouse, railroad station, store, factory or other structure

where people are accustomed to assemble, except any building or

structure occupied in connection with the manufacture,

transportation, storage or use of explosives;

31. "Inspector" means a mine inspector in the employ of the

State of Oklahoma;

32. "Magazine" means a storage place for explosives or

detonators;

33. "Major electrical installation" means an assemblage of

stationary electrical equipment for the generation, transmission,

distribution or conversion of electric power;

34. "Misfire" means the complete or partial failure of a

blasting charge to explode as planned;

35. "Overburden" means material of any nature, consolidated or

unconsolidated, that overlies a deposit of useful materials or ores

that are to be mined;

36. "Owner" means the owner, lessee, manager, superintendent,

operator or agent, receiver or trustee operating any clay, coal or

copper mine;

37. "Primer" or "booster" means a package or cartridge of

explosives designed specifically to transmit detonation to other

explosives but which does not contain a detonator;

38. "Reverse-current protection" means a method or device used

on direct-current circuits of equipment to prevent the flow of

current in the reverse direction;

39. "Roll protection" means a framework or safety canopy to

protect the vehicle operator if equipment should overturn;

40. "Safety can" means an approved container of not over five

(5) gallons capacity having a spring-closing lid and a spout cover;

Oklahoma Statutes - Title 45. Mines and Mining Page 129

41. "Safety fuse" means a train of powder enclosed in cotton,

jute yarn and waterproofing compounds which burns at a uniform rate.

It is used for firing a cap containing the detonating compound which

in turn sets off the explosive charge;

42. "Safety switch" means a sectionalizing switch that also

provides shunt protection in blasting circuits between the blasting

switch and the shot area;

43. "Scaling" means removal of insecure material from a face or

highwall;

44. "Secondary safety connection" means a second connection

between a conveyance and rope, intended to prevent the conveyance

from running away or falling in the event the primary connection

fails;

45. "Semiconductive hose" means hose having an electrical

resistance of not less than five thousand (5,000) ohms per foot and

not more than two (2) megohms for its total length, used in

pneumatic placement of blasting agents in boreholes;

46. "Sprung hole" means a blasting hole chambered or enlarged

to take an increased charge of explosives;

47. "Stemming" means the inert material, and the placing of

such material, on top of any charge of explosives;

48. "Stray current" means that portion of a total electric

current that flows through paths other than the intended circuit;

49. "Strip or surface pit" means the excavation in which

superincumbent strata are removed exposing the natural deposit so it

may be excavated and loaded by hand or by mechanical equipment in

open working. Strip or surface pits shall be subject to such mining

laws of the State of Oklahoma as apply to them, and such operations

shall comply with recommendations for safety of employees made by

the Chief Mine Inspector;

50. "Substantial construction" means construction of such

strength, material and workmanship that the object will withstand

all reasonable shock, wear, usage and deterioration to which it will

normally be subjected;

51. "Suitable" means that which fits and has the qualities or

qualifications to normally meet a given purpose, occasion,

condition, function or circumstance; 52. "Travelway" means a

passage, walk or way regularly used and designated for persons to go

from one place to another while at work;

53. Voltage:

a. "low voltage" means up to and including 660

volts,

b. "medium voltage" means from 661 to 1,000 volts,

and

c. "high voltage" means more than 1,000 volts;

54. "Wet drilling" means the continuous application of water

to the back or bottom of the drill holes while drilling; and

Oklahoma Statutes - Title 45. Mines and Mining Page 130

55. "Working place" means any place in or about a mine where

work is being performed.
Okla. Stat. tit. 45, § 45-745.4 — OK Code / Title 45 / Section 45-745.4
Renewal of permit - Application - Burden of proof -
Status: in_force

Term.

Any valid permit issued pursuant to this act shall carry with it

the right of successive renewal with respect to areas within the

boundaries of the existing permit. The holders of the permit may

apply for renewal and such renewal shall be issued, provided that on

application for renewal the burden shall be on the opponents of

renewal, subsequent to fulfillment of the public notice requirements

of Sections 15 and 17 of this act unless it is established that and

written findings by the Department are made declaring:

1. The terms and conditions of the existing permit are not

being satisfactorily met;

2. The present surface coal mining and reclamation operation is

not in compliance with the environmental protection standards of

this act and the state program;

3. The renewal requested substantially jeopardizes the

operator's continuing responsibility on existing permit areas;

4. The operator has not provided evidence that the performance

bond in effect for said operation will continue in full force and

effect for any renewal requested in such application as well as any

additional bond the Department might require; or

5. Any additional revised or updated information required by

the Department has not been provided. Prior to the approval of any

renewal of permit the Department shall provide notice to the

appropriate public authorities.

If an application for renewal of a valid permit includes a

proposal to extend the mining operation beyond the boundaries

authorized in the existing permit, the portion of the application

for renewal of a valid permit which addresses any new land areas

shall be subject to the full standards applicable to new

applications under this act.

Any permit renewal shall be for a term not to exceed the period

of the original permit established by this act. Application for

permit renewal shall be made at least one hundred twenty (120) days

prior to the expiration of the valid permit.
Okla. Stat. tit. 45, § 45-776 — OK Code / Title 45 / Section 45-776
Conditions or practices in violation of act - Cessation
Status: in_force

order - Additional obligations on operator.

If, on the basis of any inspection, the Department determines

that any unacceptable condition or practice exists, or that any

permittee is in violation of any requirement of this act or any

permit condition required by this act, which condition, practice or

violation also creates an imminent danger to the health or safety of

the public, or is causing, or can reasonably be expected to cause

significant, imminent environmental harm to land, air or water

resources, the Department shall immediately order a cessation of

surface coal mining and reclamation operations or the portion

thereof relevant to the condition, practice or violation. Such

cessation order shall remain in effect until the Department

determines that the condition, practice or violation has been

abated, or until modified, vacated or terminated by the Department.

If the Department finds that the ordered cessation of surface coal

mining and reclamation operations, or any portion thereof, will not

completely abate the imminent danger to the health or safety of the

public or the significant imminent environmental harm to land, air

or water resources, the Department shall, in addition to the

cessation order, impose affirmative obligations on the operator

requiring him to take whatever steps the Department deems necessary

to abate the imminent danger or the significant environmental harm.
Okla. Stat. tit. 45, § 45-786 — OK Code / Title 45 / Section 45-786
Review of notices or order or modification, vacation or
Status: in_force

termination of notices or orders - Application - Investigation -

Hearing - Temporary relief - Suspension or revocation of permit -

Costs.

A. A permittee issued a notice or order by the Department

pursuant to the provisions of this act or any person having an

interest which is or may be adversely affected by such notice or

order or by any modification, vacation or termination of such notice

or order, may apply to the Chief Mine Inspector for review of the

notice or order within thirty (30) days of receipt thereof or within

thirty (30) days of its modification, vacation or termination. Upon

receipt of such application, the Chief Mine Inspector shall cause

such investigation to be made as it deems appropriate. Such

investigation shall provide an opportunity for a public hearing, at

the request of the applicant or the person having an interest which

is or may be adversely affected, to enable the applicant or such

person to present information relating to the issuance and

continuance of such notice or order or the modification, vacation or

termination thereof. The filing of an application for review under

this subsection shall not operate as a stay of any order or notice.

The permittee and other interested persons shall be given

written notice of the time and place of the hearing at least five

(5) days prior thereto. Any such hearing shall be of record.

B. Upon receiving the report of such investigation, the Chief

Mine Inspector shall make findings of fact, and shall issue a

written decision, incorporating therein an order vacating,

affirming, modifying or terminating the notice or order, or the

modification, vacation or termination of such notice or order

complained of and incorporate his findings therein. Where the

application for review concerns an order for cessation of surface

coal mining and reclamation operations issued pursuant to the

provisions of this title, the Chief Mine Inspector shall issue the

written decision within thirty (30) days of the receipt of the

Oklahoma Statutes - Title 45. Mines and Mining Page 116

application for review, unless temporary relief has been granted by

the Chief Mine Inspector pursuant to this section or by the court.

C. Pending completion of the investigation and hearing required

by this section, the applicant may file with the Chief Mine

Inspector a written request that the Chief Mine Inspector grant

temporary relief from any notice or order issued together with a

detailed statement giving reasons for granting such relief. The

Chief Mine Inspector shall issue an order or decision granting or

denying such relief expeditiously. Where the applicant requests

relief from an order for cessation of coal mining and reclamation

operations, the order or decision on such a request shall be issued

within five (5) days of its receipt. The Chief Mine Inspector may

grant such relief, under such conditions as it may prescribe, if:

1. A hearing has been held in the locality of the permit area

on the request for temporary relief in which all parties were given

an opportunity to be heard;

2. The applicant shows that there is substantial likelihood

that the findings of the Chief Mine Inspector will be favorable to

him; and

3. Such relief will not adversely affect the health or safety

of the public or cause significant, imminent environmental harm to

land, air or water resources.

D. Following the issuance of an order to show cause as to why a

permit should not be suspended or revoked, the Chief Mine Inspector

shall hold a public hearing after giving written notice of the time,

place and date. Any such hearing shall be of record. Within sixtyApplication - Investigation - Hearing - Temporary relief - Suspension or revocation of permit -

Oklahoma Statutes - Title 45. Mines and Mining Page 5ly affect the health or safety

of the public or cause significant, imminent environmental harm to

land, air or water resources.

D. Following the issuance of an order to show cause as to why a

permit should not be suspended or revoked, the Chief Mine Inspector

shall hold a public hearing after giving written notice of the time,

place and date. Any such hearing shall be of record. Within sixty

(60) days following the public hearing, the Chief Mine Inspector

shall issue and furnish to the permittee and all other parties to

the hearing a written decision, and the reasons therefor, concerning

suspension or revocation of the permit. If the Chief Mine Inspector

revokes the permit, the permittee shall immediately cease surface

coal mining operations on the permit area and shall complete

reclamation within a period specified by the Chief Mine Inspector,

or the Chief Mine Inspector shall declare as forfeited the

performance bonds for the operation.

E. Whenever an order is issued under this section, or as a

result of any administrative proceeding under this act, at the

request of any person, a sum equal to the aggregate amount of all

costs and expenses, including attorney fees, as determined by the

Chief Mine Inspector to have been reasonably incurred by such person

for or in connection with his participation in such proceedings,

including any judicial review of agency actions, may be assessed

against any party or the Department as the court, resulting from

judicial review or the Chief Mine Inspector, resulting from

administrative proceedings, deems proper.
Okla. Stat. tit. 45, § 45-730 — OK Code / Title 45 / Section 45-730
Lateral support
Status: in_force

In the case of strip mining operations which remove and do not

replace lateral support, unless pursuant to written agreement

between the operator and the adjacent property owner, the top of the

consolidated material of the open cut adjacent to the property line

of other property not owned or leased by the operator shall, at the

time mining is completed, not be closer to such other property line

than a distance of twenty-five (25) feet plus one and one-half (1

1/2) times the depth of such cut as measured from original ground

surface to the top of consolidated material.
Okla. Stat. tit. 45, § 45-752 — OK Code / Title 45 / Section 45-752
Waste piles
Status: in_force

Oklahoma Statutes - Title 45. Mines and Mining Page 89

The operator shall design, locate, construct, operate, maintain,

enlarge, modify and remove or abandon, in accordance with the

standards and criteria developed by the Department, all existing and

new coal mine waste piles consisting of mine wastes, tailings, coal

processing wastes, or other liquid and solid wastes, and used either

temporarily or permanently as dams or embankments.
Okla. Stat. tit. 45, § 45-740.4 — OK Code / Title 45 / Section 45-740.4
Participation in Abandoned Mine Reclamation Fund
Status: in_force

The Commission is authorized to take all action necessary to

insure Oklahoma's participation in the Abandoned Mine Reclamation

Fund established by the federal act, and to function as the state's

Oklahoma Statutes - Title 45. Mines and Mining Page 60

agency for participation. Pursuant to the federal act, the

Commission shall by rule establish priorities that meet the terms of

the federal act for the expenditure of those funds, designate the

land and water eligible for reclamation or abatement expenditures

and submit reclamation plans, annual projects and applications to

the appropriate authorities pursuant to the terms of the federal

act. It shall administer all monies received for abandoned mine

reclamation or related purposes, which expenditure constitutes a

public benefit.
Okla. Stat. tit. 45, § 45-753 — OK Code / Title 45 / Section 45-753
Explosives - Rules and regulations
Status: in_force

A. The operator shall insure that explosives are used only in

accordance with existing state and federal law and the regulations

promulgated by the Department, which shall require:

1. Adequate advance written notice to local governments and

residents who might be affected by the use of such explosives by

publication of the planned blasting schedule in a newspaper of

general circulation in the locality, and by mailing a copy of the

proposed blasting schedule to every resident living within one-half

(1/2) mile of the proposed blasting site and by providing daily

notice to resident/occupiers in such areas prior to any blasting;

2. Maintaining for a period of at least three (3) years and

making available for public inspection upon request a log detailing

the location of the blasts, the pattern and depth of the drill

holes, the amount of explosives used per hole, and the order and

length of delay in the blasts;

3. Limiting the type of explosives and detonating equipment,

the size, the timing and frequency of blasts based upon the physical

conditions of the site so as to prevent injury to persons, damage to

public and private property outside the permit area, adverse impacts

on any underground mine, and change in the course, channel, or

availability of ground or surface water outside the permit area;

4. All blasting operations be conducted by trained and

competent persons as certified by the Department;

5. Upon the request of a resident or owner of a man-made

dwelling or structure within one-half (1/2) mile of any portion of

the permitted area the applicant or permittee shall conduct a pre-

blasting survey of such structures and submit the survey to the

Department and a copy to the resident or owner making the request.

The area of the survey shall be decided by the Department; and

6. For the purposes of this section:

a. for blasting operations using electronic-blasting

detonators, a "loaded hole" is defined as one that

contains explosives or blasting agents with a primer

where the hole has been stemmed and has a short length

of connecting wire sticking out but does not have a

firing device connected,

Oklahoma Statutes - Title 45. Mines and Mining Page 90

b. for blasting operations not using electronic

detonators, a hole with explosives and a blasting cap

is considered a "loaded and charged hole",

c. for blasting operations using electronic-blasting

detonators, a "charged hole" is defined as one that

contains explosives or blasting agents with a primer

where the hole has been tamped with a short length of

connecting device sticking out and it does have a

firing device connected,

d. "blasting site" is defined as the area within fifty

(50) feet, or any alternative distance provided in the

blasting plan of the approved permit on file, of any

holes loaded with explosives, blasting agents or

detonators,

e. "blasting area" is defined as the area where flying

rock may be considered dangerous, which shall be

determined by the certified blaster.

B. Rules and procedures for the use of explosives are as

follows:

1. Persons who use explosives, blasting agents or detonators

shall be certified by the Oklahoma Mining Commission. Such persons

shall understand the hazards involved, and trainees shall do such

work only under the supervision of and in the immediate presence of

certified persons;

2. Blasting operations shall be under the direct control of

certified persons designated by the operator for that purpose;

3. Damaged or deteriorated explosives, blasting agents and

detonators shall be disposed of in a safe manner;

4. For blasting operations using electronic blasting

detonators, loaded holes shall be charged as near to blasting time

as practical and in compliance with the known physical limitations

and properties of the specific blasting materials and equipment

specified by the manufacturer. Unless authorized by the appropriate

regulatory authority, loaded holes shall be detonated within sixty

(60) days from the date of loading;

5. No person shall smoke within fifty (50) feet of explosives,

blasting agents or detonators;

6. Only wooden or other nonsparking devices shall be used to

punch holes in explosives cartridges;

7. Tamping poles shall be blunt and squared at one end and made

of wood or other nonsparking material;

8. No tamping shall be done directly on primer cartridges;

9. During the loading of holes, only the work activities

associated with the explosives operation will be permitted in the

blasting site;

Oklahoma Statutes - Title 45. Mines and Mining Page 91

10. During charging and firing, only the work activities

associated with the explosives operation will be permitted in the

blasting area;

11. Unused explosives and detonators shall be moved to a safe

location as soon as charging operations are completed;

12. Approaches to areas in which charged holes are awaiting

firing shall be guarded or barricaded and posted or flagged against

unauthorized entry;

13. When a blast is about to be fired, ample warning shall be

given to allow all persons to retreat to a safe place. Each mine

shall have a definite plan of warning signals that can be clearly

seen or heard by anyone in the blasting area. The operator shall

inform all employees at the local mine as to the established

procedure;

14. Enclosed blasting shelters constructed of strong materials

shall be provided to protect all persons endangered by flying rock

from blasting;

15. When safety fuse has been used, persons shall not return to

misfired holes for at least thirty (30) minutes;

16. When electric blasting caps have been used, persons shall

not return to misfired holes for at least fifteen (15) minutes.

Leading wires from the power source must be disconnected before

persons can be allowed to return to the blasting sites;

17. Blasted materials shall be examined for undetonated

explosives after each blast and undetonated explosives found shall

be disposed of safely;

18. Misfires shall be reported to the proper supervisor and

shall be disposed of safely before any other work is performed in

the blasting area;

19. Blast holes in hot-hole areas and holes that have been

sprung shall not be charged before tests have been made to insure

that the heat has been dissipated to a safe level;

20. If explosives are suspected of burning in a hole, all

persons in the endangered area shall move to a safe location until

the danger has passed;

21. Holes shall not be drilled where there is danger of

intersecting a charge or misfired hole;

22. Fuses and igniters shall be stored in a cool, dry place

away from oils or grease;

23. Fuses shall not be kinked, bent sharply or handled roughly;

24. Fuses shall be cut and capped in safe, dry locations posted

with "No Smoking" signs;

25. Blasting caps shall be crimped to fuses only with devices

designed for that specific purpose;

26. Fuses of less than forty-eight (48) inches in length shall

not be used for any purpose;

Oklahoma Statutes - Title 45. Mines and Mining Page 92

27. At least two persons shall be present when lighting fuses,

and no person shall light more than fifteen individual fuses. If

more than fifteen holes per person are to be fired, igniter cord and

connectors or electric blasting shall be used;

28. A safe interval of time shall be allowed to light a round

and evacuate the blasting area;

29. Fuses shall be ignited with hot-wire lighters, lead

spitters, igniter cord or other such devices designed for this

purpose;

30. Fuses shall not be ignited before the primer and the entire

charge are securely in place;

31. Electric detonators of different brands shall not be used

in the same round;

32. Electric detonators shall remain shunted until they are

being wired into the blasting circuit. Lead lines and wired rounds

shall be kept shunted until immediately before blasting;

33. Completely wired rounds shall be tested with a blasting

galvanometer before connections are made to the blasting line;

34. Lead wires and blasting lines shall not be strung across

power conductors, pipelines or within twenty (20) feet of bare power

lines. They shall be protected from sources of static or other

electrical contact;

35. Permanent blasting lines shall be properly supported,

insulated and kept in good repair;

36. Charging shall be stopped immediately when the presence of

static electricity or stray current is detected; the condition shall

be corrected before charging is resumed;

37. Charging of holes shall be suspended and the persons

withdrawn to a safe location upon the approach of an electrical

storm;

38. Safety switches and blasting switches shall be labeled,

encased in boxes and arranged so that the covers of the boxes cannot

be closed with the switches in closed position;

39. Blasting switches shall be locked in the open position

except when closed to fire the blast. Lead wires shall not be

connected to the blasting switch until the shot is ready to be

fired;

40. The key to a blasting switch shall be entrusted only to the

person designated to fire blasts;

41. Electric circuits from the blasting switches to the blast

area shall not be grounded;

42. At least a five-foot air gap shall be provided between the

blasting circuit and the power circuit;

43. Where electric blasting is to be performed, electric

circuits to equipment within twenty-five (25) feet of a hole that is

to be charged with an electric blasting cap shall be de-energized

Oklahoma Statutes - Title 45. Mines and Mining Page 93

before electric detonators are brought into the immediate area, or

the electric equipment shall be moved out of the immediate area;

44. Power sources shall be suitable for the number of electric

detonators to be fired and for the type of circuits used;

45. When instantaneous blasting is performed, the double-

trunkline or loop system shall be used in detonating-cord blasting;

46. When instantaneous blasting is performed, trunklines in

multiple-row blasting shall make one or more complete loops with

crossties between loops at intervals of not over two hundred (200)

feet;

47. All detonating-cord knots shall be tight and all

connections shall be kept at right angles to the trunklines;

48. Delay connectors for firing detonating-cord shall be

treated and handled with the same safety precautions as blasting

caps and electric detonators; and

49. Detonating-cord shall not be kinked, bent or otherwise

handled in such a manner that the train of detonation may be

interrupted.
Okla. Stat. tit. 45, § 45-1.5 — OK Code / Title 45 / Section 45-1.5
Rules and regulations
Status: in_force

The Board shall adopt within one hundred and eighty (180) days

of the effective date of this act, rules and regulations governing

ventilation, underground haulage, hoisting operations, explosives,

and such other regulations it may deem necessary to protect the

health and safety of persons employed in the mines of this state.
Okla. Stat. tit. 45, § 45-729 — OK Code / Title 45 / Section 45-729
Violations - Notice - Hearing - Enforcement - Informing of
Status: in_force

surface owners.

The Department of Mines shall notify the operator and the surety

in writing of any claimed violation of the provisions of the Mining

Lands Reclamation Act or the rules of the Department. If the

alleged violation is discovered as a result of a citizen complaint

and the person claiming the violation states in writing the desire

that the source of the complaint be kept confidential, the

Department shall maintain such information in confidence. If the

operator denies the alleged violation, the Department shall hold a

hearing on said charges. Said hearing shall be held not less than

thirty (30) days from the notice of hearing.

At such hearing the operator shall have the right to present

evidence in opposition to the claimed violation.

If upon such hearing the Department shall determine that a

violation has occurred, the Department shall make detailed findings

of fact and conclusions of law. The surety, if applicable, may

perform for the operator.

If the operator or surety, if applicable, fails to perform the

corrective work required by the Department or fails to properly

perform said work, the Department may initiate permit revocation

and/or bond forfeiture proceedings. After successful collection of

the security required by Section 728 of this title, the Department

shall contract for the work to be done consistent with all state

requirements. The Department shall not issue any permits to an

operator who has failed to perform such corrective work, or has

defaulted with respect to the bond or other security required by

Section 728 of this title, until such obligations are met by the

operator or his surety or agent, as determined by the Department.

If the Department determines that an entity or individual has

mined without a permit in violation of Section 724 of this title,

the Department shall assess a fine of up to Ten Thousand Dollars

($10,000.00) against the entity, individuals, or agents of said

entity. Any agent is jointly and severally liable with its

principal for such violation and any resulting fines.

The Department may pursue 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 illegal mining operation is located, in which the entity,

Oklahoma Statutes - Title 45. Mines and Mining Page 56

individuals, or agents of said entity, have their principal offices,

or in Oklahoma County, to enforce any Department action against the

entity, individual, or agents. Further, the Department shall be

entitled to recover penalties or fines assessed for mining without a

permit from the entity, individuals or agents conducting said mining

in violation of this title. The Department shall also be entitled

to reasonable attorneys fees incurred in enforcing this provision.

All monies collected pursuant to this section shall be deposited in

the Department of Mines Revolving Fund.

In order to fully inform affected surface owners who have filed

a complaint of any alleged violations affecting the surface estate

by an operator, the Department shall:

1. Provide by mail to the affected surface owners who have

filed a complaint, a copy of any alleged violations affecting the

surface estate issued to the operator within five (5) days after

such violation is cited;

2. Notify the surface owners who have filed a complaint of any

hearings in connection to alleged violations affecting the surface

estate in the same manner and at the same time as the operator; and

3. Provide surface owners who have filed a complaint with

complete information on the disposition of all violations affecting

the surface estate cited at the same time the operator is notified.
Okla. Stat. tit. 45, § 45-783 — OK Code / Title 45 / Section 45-783
Limitations on surface coal mining operations
Status: in_force

After August 3, 1977, and subject to valid existing rights, no

surface coal mining operations except those which existed on August

3, 1977, shall be permitted:

1. Within one hundred (100) feet of the outside right-of-way

line of any public road, except where mine access roads or haulage

roads join such right-of-way line and except that the Department may

permit such roads to be relocated or the area affected to lie within

one hundred (100) feet of such road, if after public notice and

opportunity for public hearing in the locality a written finding is

made that the interests of the public and the landowners affected

thereby will be protected;

2. Within three hundred (300) feet from any occupied dwelling,

unless waived by the owner thereof, nor within three hundred (300)

feet of any public building, school, church, community or

institutional building, public park, or within one hundred (100)

feet of a cemetery;

3. Within twenty-five (25) feet plus one and one-half (1 1/2)

times the depth of the surface cut from the property line of an

adjacent property owner, if the surface cut removes and does not

replace lateral support, unless there is written agreement between

the operator and the adjacent property owner; or

4. On any land prohibited by federal law.
Okla. Stat. tit. 45, § 45-523 — OK Code / Title 45 / Section 45-523
Machines to be shielded - Electric pumps
Status: in_force

In mines where mining machines are used, each machine shall be

equipped and provided with a sufficient shield for the protection of

those employed in or about said machines or in the use and operation

thereof, and said shield shall be kept in use constantly while said

machine is being operated. All electric pumps inside of the mine

shall receive careful attention. While in use at a permanent

pumping station, such pumps shall be placed in a fireproof shed,

constructed of masonry walls.
Okla. Stat. tit. 45, § 45-21.1 — OK Code / Title 45 / Section 45-21.1
Mining districts
Status: in_force

It shall be the duty of the Chief Mine Inspector to create

mining districts for the assistant mine inspectors to carry out

their duties under the law. The boundaries of such districts shall

be drawn so that the inspection of the mines insures the full

compliance with laws related to the health and safety of miners and

the reclamation of lands affected by surface mining.
Okla. Stat. tit. 45, § 45-745.16.1 — OK Code / Title 45 / Section 45-745.16.1
Small operator assistance program
Status: in_force

The Department shall operate a small operator assistance program

to the extent required by federal law, and shall provide such

services as are necessary to comply with the permanent regulatory

program. The Department is authorized to enter into a cooperative

agreement with the Secretary of the Interior regarding distribution

of funds for the small operator assistance program.
Okla. Stat. tit. 45, § 45-917 — OK Code / Title 45 / Section 45-917
Personal protection - Rules and procedures
Status: in_force

The following rules and procedures shall be complied with in

dealing with personal protection:

1. Adequate first-aid materials, including stretchers and

blankets, shall be provided at places convenient to all working

areas. Water or neutralizing agents shall be available where

corrosive chemicals or other harmful substances are stored, handled

or used;

2. All persons shall wear suitable hard hats when in or around

mine plants or active workings of the mine where falling objects may

create a hazard;

3. All persons shall wear suitable protective footwear when in

or around mine plants or active workings of the mine;

4. All persons shall wear safety glasses, goggles or face

shields when doing work hazardous to the eyes;

5. Safety belts and lines shall be worn when men work where

there is danger of falling, and a second person shall tend the

lifeline when bins, tanks or other dangerous areas are entered;

6. Life jackets or belts shall be worn where there is danger of

falling into deep water;

7. Protective clothing, rubber gloves, goggles or face shields

shall be worn by persons handling substances that are corrosive,

toxic or injurious to the skin;

8. Protective clothing or equipment and face shields or goggles

shall be worn when welding, cutting or working with molten metal;

9. Snug-fitting clothing shall be worn by persons working

around moving equipment and machinery;

10. Protective gloves shall be worn by employees handling

materials which may cause injury;

Oklahoma Statutes - Title 45. Mines and Mining Page 150

11. Gloves shall not be worn where they could create a hazard

by becoming entwined or caught in moving parts of machinery; and

12. Effective hearing protection shall be worn where noise

levels may cause permanent ear damage or hearing loss unless the

wearing of the protective devices would create a greater danger to

the employee. In such case the noise shall be reduced to safe

levels.
Okla. Stat. tit. 45, § 45-782 — OK Code / Title 45 / Section 45-782
Petition to designate area as unsuitable for surface coal
Status: in_force

mining operations - Hearing - Decision - Impact statement.

A. Any person having an interest which is or may be adversely

affected shall have the right to petition the Department to have an

area designated as unsuitable for surface coal mining operations or

to have such a designation terminated. Such a petition shall

contain allegations of facts with supporting evidence which would

tend to establish the allegations. Within ten (10) months after

receipt of the petition the Department shall hold a public hearing

in the locality of the affected area, after appropriate notice and

Oklahoma Statutes - Title 45. Mines and Mining Page 114

publication of the date, time and location of such hearing. After a

person having an interest which is or may be adversely affected has

filed a petition and before the hearing, as required by this

section, any person may intervene by filing allegations of facts

with supporting evidence which would tend to establish the

allegations. Within sixty (60) days after such hearing, the

Department shall issue and furnish to the petitioner and any other

party to the hearing, a written decision regarding the petition, and

the reasons therefor. In the event that all the petitioners

stipulate agreement prior to the requested hearing, and withdraw

their request, such hearing need not be held.

B. Prior to designating any land areas as unsuitable for

surface coal mining operations, the Department shall prepare a

detailed statement on the potential coal resources of the area, the

demand for coal resources, and the impact of such designation on the

environment, the economy and the supply of coal.
Okla. Stat. tit. 45, § 45-3.1 — OK Code / Title 45 / Section 45-3.1
Director of Department of Mines
Status: in_force

In the absence of an appointed Chief Mine Inspector, the

Governor shall appoint a Director of the Department of Mines with

the advice and consent of the Senate.

The Director of the Department of Mines shall assume the duties

and responsibilities of the Chief Mine Inspector until said Chief

Mine Inspector is so appointed.
Okla. Stat. tit. 45, § 45-44 — OK Code / Title 45 / Section 45-44
Special counsel in certain proceedings involving Attorney
Status: in_force

General.

If the Attorney General shall seek redress on behalf of the

state as provided for in the Administrative Procedures Act, the

Oklahoma Mining Commission is empowered to appoint a special counsel

for such proceedings.
Okla. Stat. tit. 45, § 45-1.3 — OK Code / Title 45 / Section 45-1.3
Hearings - Hearing officer - Judicial review
Status: in_force

A. All hearings required by the Board may be conducted by the

Board itself at aregular or special meeting of the Board or the

Board may designate hearing officers who shall have the power and

authority to conduct such hearings in the name of the Board at any

time and place.

B. Any person aggrieved by a final order or other final

determination of the Board may, or the Attorney General on behalf of

the state may, petition for a judicial review for rehearing,

reopening or reconsideration of the matter, as provided for in

Section 317 of Title 75 of the Oklahoma Statutes.
Okla. Stat. tit. 45, § 45-785 — OK Code / Title 45 / Section 45-785
Compliance with act
Status: in_force

Every agency, unit, or instrumentality of federal, state or

local government, including any publicly owned utility or publicly

owned corporation of federal, state, or local government, which

proposes to engage in surface coal mining operations which are

subject to the requirements of this act shall comply with the

provisions of this act.
Okla. Stat. tit. 45, § 45-501 — OK Code / Title 45 / Section 45-501
Maps of mines
Status: in_force

The owner, agent, lessee or operator of every coal or other

mine, shall make, or cause to be made by a competent mining engineer

or surveyor, an accurate map or plan, of such mine, no smaller than

on a scale of two hundred (200) feet to an inch, which map shall

show as follows:

(a) All measurements of said mines in feet or decimal parts

thereof.

(b) All openings, excavations, shafts, tunnels, slopes, planes,

main entries, rooms, and other parts, in proper numerical order in

each opening or stratum of coal in said mine.

(c) The directions of the air currents, when practicable, by

darts, or arrows, marked thereon.

(d) An accurate delineation of the boundary lines between said

mine and all adjoining mines or coal lands where owned or operated

by the same operator or other operators, and the relation and

proximity of the workings of said mine to any other adjoining mine

or coal land.

(e) The bearings and lengths of each tunnel, or entry, or the

boundary of property lines.

The said map or plans, or a true copy thereof, shall be kept in

the general mine office by the said operator or superintendent for

the use only of the mine officials and mine inspectors, and for the

inspection of all persons working in said mines whenever said person

or persons shall have cause to fear that any working place is

becoming dangerous by reason of its proximity to other workings that

may contain water or dangerous gas.
Okla. Stat. tit. 45, § 45-419 — OK Code / Title 45 / Section 45-419
Shaft hoisting engineers - Age and experience - Duties -
Status: in_force

Loading and unloading.

All shaft hoisting engineers handling men or material must be

over twenty-one (21) years of age, familiar and experienced with

hoisting engines of the design which he is to operate and must have

been examined by a reputable physician and be able to show

certificate of health from said physician, showing no physical or

mental conditions or symptoms that might cause a loss of faculties

so as to interfere with the safe and efficient performance of his

duty at all times. It shall be the duty of the hoisting engineer to

watch over all machinery, including hoisting rope or cable, in his

charge and ascertain that all the equipment and conditions are in

conformity with the law. In the event of any defect in such

Oklahoma Statutes - Title 45. Mines and Mining Page 24

equipment, or violation of the law concerning same, he shall

immediately report same to the mine superintendent or other person

in charge of the mine operation. The hoisting engineer shall, at

the beginning of his shift and at the middle of his shift, inspect

his hoist equipment, particularly as to the brakes and clutch and

test same by at least one complete hoisting trip before men are

allowed to enter the tub or shaft conveyance. Where a station man

or tub hooker is used in any shaft, it shall be his duty to

supervise the loading and unloading of men or material at the bottom

of the shaft, and he shall supervise the signaling to the hoisting

engineer. The loading and unloading of men at the top of the shaft

at the beginning and end of each shift shall be supervised by an

employee of the operator.
Okla. Stat. tit. 45, § 45-745 — OK Code / Title 45 / Section 45-745
Exemptions
Status: in_force

Surface coal mining operations in operation pursuant to a permit

issued by this state before August 3, 1977, issued to a person in

existence prior to May 2, 1977, and operated by a person whose total

annual production of coal from surface and underground coal mining

operations does not exceed one hundred thousand (100,000) tons shall

not be subject to the provisions of this section except with

reference to the provisions relating to steep slope mining in

Section 15 of this act until January 1, 1979.
Okla. Stat. tit. 45, § 45-412 — OK Code / Title 45 / Section 45-412
Mine inspectors - Duties
Status: in_force

The Mine Inspector of said mines in addition to other duties and

powers herein conferred, shall be and he is hereby authorized,

empowered and directed to examine carefully all places and

conditions where employees work in said mines. Where said Mine

Inspector finds a condition existing in any of said mines either on

the surface or underground, which makes the said mine a dangerous,

unsafe or unusually unhealthful place for employees to work he

shall, subject to the right of review hereinafter provided, serve

notice in writing on the operator of said mine so affected,

specifying in detail the things to be done to correct such condition

making said mine a dangerous, unsafe or unusually unhealthful place

for employees to work. This notice shall specify the time in which

such required acts shall be done by the operator of said mine. A

failure or refusal of said operator to correct the condition

existing in said mine as set forth in the written notice of said

Mine Inspector or as modified on review in accordance with the

further provisions of this act shall be a misdemeanor and punished

as hereinafter provided.
Okla. Stat. tit. 45, § 45-938 — OK Code / Title 45 / Section 45-938
Department of Mines Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Department of Mines to be designated the Department of Mines

Revolving Fund. Expenditures from the fund shall be made for any

lawful purpose of the Department of Mines. The revolving fund shall

be administered in accordance with standard revolving fund

procedures.
Okla. Stat. tit. 45, § 45-722 — OK Code / Title 45 / Section 45-722
Declaration of policy
Status: in_force

It is hereby declared to be the policy of this state to provide

for the reclamation and conservation of land subjected to surface

disturbance by mining and thereby to preserve natural resources, to

encourage the productive use of such lands after mining, to aid in

the protection of wildlife and aquatic resources, to encourage the

planting of trees, grasses and other vegetation, to establish

recreational, home and industrial sites, to protect and perpetuate

the taxable value of property, to aid in the prevention of erosion,

landslides, floods and the pollution of waters and air, to protect

the natural beauty and aesthetic values in the affected areas of

this state, and to protect and promote the health, safety and

general welfare of the people of this state.
Okla. Stat. tit. 45, § 45-745.22 — OK Code / Title 45 / Section 45-745.22
Reclamation efforts - Variances
Status: in_force

The operator shall insure that all reclamation efforts proceed

in an environmentally sound manner and as contemporaneously as

practicable with the surface coal mining operations. Where the

applicant proposes to combine surface mining operations with

underground mining operations to assure maximum practical recovery

of the coal and other mineral resources, the Department may grant a

variance for specific areas within the reclamation plan from the

requirement that reclamation efforts proceed as contemporaneously as

practicable to permit underground mining operations prior to

reclamation:

1. If the Department finds in writing that:

a. the applicant has presented, as part of the permit

application, specific, feasible plans for the proposed underground

mining operations,

b. the proposed underground mining operations are

necessary or desirable to assure maximum practical recovery of the

coal and other mineral resources and will avoid multiple disturbance

of the surface,

c. the applicant has satisfactorily demonstrated that the

plan for the underground mining operations conforms to requirements

for underground mining in the jurisdiction and that permits

necessary for the underground mining operations have been issued,

Oklahoma Statutes - Title 45. Mines and Mining Page 86

d. the areas proposed for the variance have been shown by

the applicant to be necessary for the implementing of the proposed

underground mining operations,

e. no substantial adverse environmental damage, either on-

site or off-site, will result from the delay in completion of

reclamation as required by this act, and

f. provisions for the off-site storage of spoil will

comply with the requirements of this act;

2. If the United States Secretary of the Interior has

promulgated specific regulations to govern the granting of such

variances in accordance with the provisions of federal law, and has

imposed such additional requirements as he deems necessary;

3. If variances granted under the provisions of this section

are to be reviewed by the Department not more than three (3) years

from the date of issuance of the permit; and

4. If liability under the bond filed by the applicant with the

Department shall be for the duration of the underground mining

operations and until the requirements of this act have been fully

complied with.
Okla. Stat. tit. 45, § 45-511 — OK Code / Title 45 / Section 45-511
Inspection of hoisting equipment and stairs
Status: in_force

The ropes, chains, machinery and all of its connections used

for lowering or raising the employees into or out of the mines, and

the stairs used for ingress and egress shall be kept in a safe

condition, and inspected once every twenty-four (24) hours by a

competent person provided by the mine operator for that purpose, who

shall make a daily record of such inspection in a book provided for

that purpose, and such machinery and the method of its inspection

shall be approved by the mine inspector of the district in which the

mine is situated.

R.L. 1910 Sec. 3966.
Okla. Stat. tit. 45, § 45-509 — OK Code / Title 45 / Section 45-509
Hoisting machinery in shaft over seventy-five feet deep
Status: in_force

When any mine is operated by a shaft which exceeds seventy-five

(75) feet in vertical depth, the persons employed in said mine shall

be lowered into and raised from said mine by means of machinery, and

where the employees are lowered into and hoisted from the mines at

the main shaft opening, the other shaft shall be supplied with safe

and suitable machinery for hoisting and lowering persons, or with

safe and convenient stairs for use in cases of emergency by persons

employed in said mine: Provided, that any mine operated by two

shafts, and where safe and suitable machinery is provided at both

shafts for hoisting coal or other mineral, or persons, as herein

provided for, shall have sufficiently complied with the requirements

of this section.
Okla. Stat. tit. 45, § 45-727 — OK Code / Title 45 / Section 45-727
Inspection
Status: in_force

The Department, or its accredited representatives, may enter

upon the lands of the operator at all reasonable times, for the

purpose of inspection, to determine whether the provisions of this

act have been complied with.
Okla. Stat. tit. 45, § 45-745.12 — OK Code / Title 45 / Section 45-745.12
Advertisement of ownership, location and boundaries of
Status: in_force

affected land - Notice to political subdivisions, etc. - Comments on

proposed operation.

At the time of submission of an application for a surface coal

mining and reclamation permit, or revision of an existing permit,

the applicant shall submit to the Department a copy of his

advertisement of the ownership, precise location and boundaries of

the land to be affected. At the time of submission such

advertisement shall be placed by the applicant in a local newspaper

of general circulation in the locality of the proposed surface mine

at least once a week for four (4) consecutive weeks. The Department

shall notify various local governmental bodies, planning agencies,

sewage and water treatment authorities and water companies in the

locality in which the proposed surface mining will take place

notifying them of the operator's intention to surface mine a

particularly described tract of land and indicating the

application's permit number and where a copy of the proposed mining

Oklahoma Statutes - Title 45. Mines and Mining Page 81

and reclamation plan may be inspected. These local bodies,

agencies, authorities or companies may submit written comments

within a reasonable period established by the Department on the

mining applications with respect to the effect of the proposed

operation on the environment which are within their areas of

responsibility. Such comments shall immediately be transmitted to

the applicant by the Department and shall be made available to the

public at the same locations as are the mining applications.
Okla. Stat. tit. 45, § 45-936 — OK Code / Title 45 / Section 45-936
Payment of fee as condition precedent to coal mining -
Status: in_force

Default in payment as ground for injunctive relief.

Payment of the fee levied by this act shall be a condition

precedent to the engaging or continuing to engage in coal or mineral

mining within this state, and default in the payment of fees as

herein provided shall constitute cause for injunction in any court

of competent jurisdiction upon application of the Chief Mine

Inspector in the name of the state for an order restraining and

enjoining any delinquent from engaging or continuing to engage in

coal or mineral mining within this state.
Okla. Stat. tit. 45, § 45-788 — OK Code / Title 45 / Section 45-788
Enforcement or protection of interest in water resources -
Status: in_force

Replacement of water supply.

A. Nothing in this act shall be construed as affecting in any

way the right of any person to enforce or protect, under applicable

law, his interest in water resources affected by a surface coal

mining operation.

B. The operator of a surface coal mine shall replace the water

supply of an owner of interest in real property who obtains all or

part of his supply of water for domestic, agricultural, industrial

or other legitimate use from an underground or surface source where

such supply has been affected by contamination, diminution or

interruption proximately resulting from such surface coal mine

operation.
Okla. Stat. tit. 45, § 45-760 — OK Code / Title 45 / Section 45-760
Mine operators - Duties
Status: in_force

Each permit issued relating to underground coal mining shall

require the operator to:

1. Adopt measures consistent with known technology in order to

prevent subsidence causing material damage to the extent

technologically and economically feasible. The operator shall

maximize mine stability and maintain the value and reasonably

foreseeable use of surface lands, except in those instances when the

mining technology used requires planned subsidence in a predictable

and controlled manner. Nothing in this paragraph shall be construed

to prohibit the standard method of room and pillar mining;

2. Seal all portals, entryways, drifts, shafts or other

openings between the surface and underground mine working when no

longer needed for the conduct of the mining operations;

3. Fill or seal exploratory holes no longer necessary for

mining, maximizing to the extent technologically and economically

feasible the return of mine and processing waste, tailings and any

other waste incident to the mining operation, to the mine workings

or excavations;

Oklahoma Statutes - Title 45. Mines and Mining Page 99

4. Stabilize, with respect to surface disposal of mine wastes,

tailings, coal processing wastes and other wastes in areas other

than the mine workings or excavations, all waste piles created by

the permittee from current operations through construction in

compacted layers including the use of incombustible and impervious

materials if necessary. The operator shall assure that the leachate

will not degrade below water quality standards established pursuant

to applicable federal and state law surface or ground waters. The

operator shall assure that the final contour of the waste

accumulation will be compatible with natural surroundings and that

the site is stabilized and revegetated according to the provisions

of this section;

5. Design, locate, construct, operate, maintain, enlarge,

modify and remove or abandon all existing and new coal mine waste

piles consisting of mine wastes, tailings, coal processing wastes,

or other liquid and solid wastes, and used either temporarily or

permanently as dams or embankments as required by the Department;

6. Establish on regraded areas and all other lands affected, a

diverse and permanent vegetative cover capable of self-regeneration

and plant succession and at least equal in extent of cover to the

natural vegetation of the area;

7. Protect offsite areas from damages which may result from

such mining operations;

8. Eliminate fire hazards and otherwise eliminate conditions

which constitute a hazard to the public health and safety;

9. Minimize the disturbances of the prevailing hydrologic

balance at the minesite and in associated offsite areas and to the

quantity of water in surface ground water systems both during and

after coal mining operations and during reclamation by:

a. avoiding acid or other toxic mine drainage by such

measures as, but not limited to:

(1) preventing or removing water from contact with

toxic producing deposits,

(2) treating drainage to reduce toxic content which

adversely affects downstream water upon being released to

watercourses, and

(3) casing, sealing or otherwise managing boreholes,

shafts and wells to keep acid or other toxic drainage from entering

ground and surface waters, and

b. conducting surface coal mining operations so as to

prevent, to the extent possible using the best technology currently

available, additional contributions of suspended solids to

streamflow or runoff outside the permit area. In no event shall

such contributions be in excess of requirements set by applicable

state or federal law. The operator shall avoid channel deepening or

enlargement in operations requiring the discharge of water from

mines;

Oklahoma Statutes - Title 45. Mines and Mining Page 100

10. Operate, with respect to other surface impacts not

specified in this section, including the construction of new roads

or the improvement or use of existing roads to gain access to the

site of such activities and for haulage, repair areas, storage

areas, processing areas, shipping areas and other areas upon which

are sited structures, facilities or other property or materials on

the surface, resulting from or incident to such activities, in

accordance with the standards established under this title for such

effects which result from surface coal mining operations. The

Department shall make such modifications in the requirements imposed

by this paragraph as are necessary to accommodate the distinct

difference between surface and underground coal mining;

11. Minimize, to the extent possible using the best technology

currently available, disturbances and adverse impacts of the

operation on fish, wildlife and related environmental values and

achieve enhancement of such resources where practicable; and

12. Locate openings for all new drift mines working acid-

producing or iron-producing coal seams in such a manner as to

prevent a gravity discharge of water from the mine.
Okla. Stat. tit. 45, § 45-40 — OK Code / Title 45 / Section 45-40
Obstruction of inspectors - Penalty
Status: in_force

Every person who willfully obstructs the Chief Mine Inspector or

district mine inspector, in the execution of his duties under this

Act shall be guilty of a misdemeanor and upon conviction he shall be

punished as hereinafter provided.
Okla. Stat. tit. 45, § 45-935 — OK Code / Title 45 / Section 45-935
Collection of delinquent fees
Status: in_force

All delinquent fees imposed by this act shall constitute a debt

due to the state and may be collected by action brought by the

Attorney General in the name of the state against the delinquent

debtor in any court of competent jurisdiction.
Okla. Stat. tit. 45, § 45-726 — OK Code / Title 45 / Section 45-726
Refuse disposal areas
Status: in_force

All refuse disposal areas shall be reclaimed or treated or the

refuse be contained by the operator to avoid adverse environmental

effects.
Okla. Stat. tit. 45, § 45-436 — OK Code / Title 45 / Section 45-436
Open mine shafts - Covering - Approval - Penalties
Status: in_force

Any person, firm or corporation, who knowingly maintains, uses

or abandons an open vertical mine shaft wherein lead, zinc or other

metals have been sought or produced, without covering suitably, or

surrounding such installations with protective fencing, or plugging

and filling, the particular method used to be approved by the Chief

Mine Inspector's Department, shall be deemed negligent as a matter

of law and shall be guilty of a misdemeanor, and upon conviction

thereof shall be fined not more than Five Hundred Dollars ($500.00)

or imprisoned for not more than one (1) year, or both such fine and

imprisonment.
Okla. Stat. tit. 45, § 45-515 — OK Code / Title 45 / Section 45-515
Inspection - Guard railings
Status: in_force

The ropes, chains, machinery and all of its connections used at

the operating shaft and slope mines, where the employees are lowered

into or hoisted from the mine, and the same used on all gravity and

inclined planes, shall be inspected and a record made of said

inspection in the same manner as provided for in Section 3966. At

all mines all machinery from which any accident might occur shall be

properly fenced off by suitable guard railings.
Okla. Stat. tit. 45, § 45-915 — OK Code / Title 45 / Section 45-915
Electricity - Rules and procedures
Status: in_force

The following rules and procedures shall be complied with in

dealing with electricity:

1. Circuits shall be protected against excessive overloads by

fuses or circuit breakers of the correct type and capacity;

2. Powerlines and telephone circuits shall be protected against

short circuits and lightning;

3. Electric equipment and circuits shall be provided with

switches or other controls. Such switches or controls shall be of

approved design and construction and shall be properly installed;

4. Individual overload protection or short-circuit protection

shall be provided for the trailing cables of mobile equipment;

5. Power wires and cables shall have adequate current-carrying

capacity and shall be protected from mechanical injury;

6. Neither crawler-mounted nor rubber-tired equipment shall run

over trailing cables unless the cables are properly bridged or

otherwise protected;

7. Distribution boxes shall be provided with disconnect

switches;

8. Trailing cable and power cable connections to junction boxes

shall not be made or broken under load;

9. Power wires and cables shall be insulated adequately where

they pass into or out of electrical compartments;

10. Power wires and cables which present a fire hazard shall be

well installed on acceptable insulators;

11. Where metallic tools or equipment can come in contact with

bare power lines, the lines shall be guarded or de-energized;

12. Telephone and low potential electric signal wires shall be

protected from contacting energized power lines;

13. High potential transmission cables shall be covered,

insulated or placed according to acceptable electrical codes to

prevent contact with low potential circuits;

14. The potential on bare signal wires accessible to personal

contact should not exceed thirty (30) volts;

Oklahoma Statutes - Title 45. Mines and Mining Page 146

15. Splices in power cables, including ground conductor, where

provided, shall be:

a. mechanically strong with adequate electrical

conductivity,

b. effectively insulated and sealed to exclude

moisture, and

c. provided with mechanical protection and

electrical conductivity as near as possible to that of the original;

16. Shovel trailing cables shall not be moved with the shovel

dipper unless cable slings or sleds are used;

17. Energized high potential cables shall be handled with

insulated hooks or tongs;

18. Electrical equipment shall be de-energized before work is

done on such equipment. Switches shall be locked out and suitable

warning signs posted by the individuals who are to do the work;

locks shall be removed only by authorized persons;

19. Power circuits shall be de-energized before work is done

on such circuits unless hot line tools are used. Switches shall be

locked out and suitable warning signs posted by the individuals who

are to do the work; locks shall be removed only by authorized

persons;

20. Principal power switches shall be labeled to show which

units they control;

21. At least three (3) feet of clearance shall be provided

around all parts of stationary electric equipment or switch gear

where access or travel is necessary;

22. Dry wooden platforms, insulating mats or other

electrically nonconductive material shall be kept in place at all

switchboards and power control switches where shock hazards exist.

However, metal plates on which a person normally would stand, plates

which are kept at the same potential as the grounded metal

noncurrent carrying parts of the power switches to be operated may

be used;

23. Suitable danger signs shall be posted at all major

electrical installations;

24. Areas containing major electrical installations shall be

entered only by authorized personnel;

25. Electrical connections and resistor grids that are

difficult or impractical to insulate shall be guarded unless

protection is provided by location;

26. Reverse-current protection shall be provided at storage

battery charging stations;

27. All metal enclosing or encasing electrical circuits shall

be grounded or provided with equivalent protection. This

requirement does not apply to battery-operated equipment;

28. Metal fencing and metal buildings enclosing transformers

and switch gear shall be grounded;

Oklahoma Statutes - Title 45. Mines and Mining Page 147

29. Frame grounding or equivalent protection shall be provided

for mobile equipment powered through trailing cables;

30. Continuity and resistance of grounding systems shall be

tested immediately after installation;

31. Electric equipment and wiring shall be inspected by a

certified person as often as necessary to assure safe operating

conditions;

32. When a potentially dangerous condition is found it shall

be corrected before equipment or wiring is energized;

33. Inspection and cover plates on electrical equipment shall

be kept in place at all times except during testing or repairs;

34. Circuits shall be de-energized before fuses are removed or

replaced;

35. Fuse tongs or hot line tools shall be used when fuses are

removed or replaced in medium or high voltage circuits;

36. Trailing cables shall be clamped to machines in a manner

to protect the cables from damage and to prevent strain on the

electrical connections;

37. Surplus trailing cables to shovels, cranes and similar

equipment shall be stored in cable boots or on reels mounted on the

equipment or otherwise protected from mechanical damage;

38. Operating controls shall be installed so that they can be

operated without danger of contact with energized conductors;

39. Equipment with booms or masts which are not properly

protected shall not be operated where the booms or masts can come

within ten (10) feet of an energized overhead power line;

40. Overhead high potential power lines shall be installed as

specified by the National Electrical Safety Code;

41. When equipment must be moved under energized power lines

and the clearance is less than ten (10) feet, the power lines shall

be de-energized or other precautions shall be taken;

42. Guy wires from poles supporting high voltage transmission

lines shall be securely connected to the system ground or be

provided with insulators installed near the pole end;

43. Telegraph, telephone or signal wires shall not be

installed on the same crossarm with power conductors. When carried

on poles supporting power lines, they shall be installed as

specified by the National Electrical Safety Code;

44. Transformers shall be totally enclosed or shall be placed

at least fifteen (15) feet above the ground, twenty (20) feet above

driveways and haulage ways, or installed in a transformer house, or

surrounded by a subtantial fence at least six (6) feet high and at

least three (3) feet from any energized parts, casings or wiring;

45. Transformer enclosures shall be kept locked against

unauthorized entry; and

46. Tools and supplies shall be carried in the hands and not

on the shoulders when men travel near bare power conductors.

Oklahoma Statutes - Title 45. Mines and Mining Page 148
Okla. Stat. tit. 45, § 45-779 — OK Code / Title 45 / Section 45-779
Notices and orders - Requirements
Status: in_force

Notices and orders issued pursuant to Sections 42 through 45 of

this act shall set forth with reasonable specificity the nature of

the violation and the remedial action required, the period of time

established for abatement, and a reasonable description of the

portion of the surface coal mining and reclamation operation to

which the notice or order applies. Each notice or order issued

under this section shall be given promptly to the permittee or his

agent by the Department and all such notices and orders shall be in

writing and shall be signed. Any notice or order issued pursuant to

Oklahoma Statutes - Title 45. Mines and Mining Page 112

this section may be modified, vacated or terminated by the

Department. Any notice or order which requires cessation of mining

by the operator shall expire within thirty (30) days of actual

notice to the operator unless a public hearing is held at the site

or within such reasonable proximity to the site that any viewings of

the site can be conducted during the course of public hearing.
Okla. Stat. tit. 45, § 45-769 — OK Code / Title 45 / Section 45-769
Civil penalties
Status: in_force

A. In the enforcement of a state program pursuant to this act

any operator who violates any permit condition or who violates any

other provision of this act may be assessed a civil penalty by the

Department except that if such violation leads to the issuance of a

cessation order under this act, the civil penalty shall be assessed.

Such penalty shall not exceed Five Thousand Dollars ($5,000.00) for

each violation. Each day of continuing violation may be deemed a

separate violation for purposes of penalty assessments. In

determining the amount of the penalty, consideration shall be given

to the operator's history of previous violations at the particular

surface coal mining operation; the seriousness of the violation,

including any irreparable harm to the environment and any hazard to

the health or safety of the public; whether the permittee was

negligent; and the demonstrated good faith of the permittee charged

in attempting to achieve rapid compliance after notification of the

violation.

Oklahoma Statutes - Title 45. Mines and Mining Page 104

B. A civil penalty shall be assessed by the Department only

after the person charged with a violation described under subsection

A of this section has been given an opportunity for a public

hearing. Where such a public hearing has been held, the Chief Mine

Inspector shall make findings of fact, and he shall issue a written

decision as to the occurrence of the violation and the amount of the

penalty which is warranted, incorporating, when appropriate, an

order therein requiring that the penalty be paid. When appropriate,

the Chief Mine Inspector shall consolidate such hearings with other

proceedings under this act. Any hearing under this section shall be

of record. Where the person charged with such a violation fails to

avail himself of the opportunity for a public hearing, a civil

penalty shall be assessed by the Chief Mine Inspector after the

Chief Mine Inspector has determined that a violation did occur, and

the amount of the penalty which is warranted, and has issued an

order requiring that the penalty be paid.

C. Upon the issuance of a notice or order charging that a

violation of this act has occurred, the Department shall inform the

operator within thirty (30) days of the proposed amount of said

penalty. The person charged with the penalty shall then have thirty

(30) days to pay the proposed penalty in full or, if the person

wishes to contest either the amount of the penalty or the fact of

the violation, forward the proposed amount to the Department for

placement in an escrow account. If through administrative or

judicial review of the proposed penalty, it is determined that no

violation occurred, or that the amount of the penalty should be

reduced, the Department shall within thirty (30) days remit the

appropriate amount to the person, with interest at the rate of six

percent (6%), or at the prevailing United States Department of the

Treasury rate, whichever is greater. Failure to forward the money

to the Department within thirty (30) days shall result in a waiver

of all legal rights to contest the violation or the amount of the

penalty.

D. Civil penalties owed under this act may be recovered in a

civil action brought by the Attorney General at the request of the

Chief Mine Inspector in any appropriate district court.

E. Any person who willfully and knowingly violates a condition

of a permit issued pursuant to this act or fails or refuses to

comply with any order issued under this act, or any order

incorporated in a final decision issued by the Chief Mine Inspector

under this act except an order incorporated in a decision issued

under subsection B of this section, shall, upon conviction, be

punished by a fine of not more than Ten Thousand Dollars

($10,000.00) or by imprisonment for not more than one (1) year, or

both.

F. Whenever a corporate permittee violates a condition of a

permit issued pursuant to this act or fails or refuses to comply

Oklahoma Statutes - Title 45. Mines and Mining Page 105

with any order issued under this act, or any order incorporated in a

final decision issued by the Chief Mine Inspector under this act

except an order incorporated in a decision issued under subsection B

of this section, any director, officer or agent of such corporation

who willfully and knowingly authorized, ordered or carried out such

violation, failure or refusal shall be subject to the same civil

penalties, fines and imprisonment that may be imposed upon a person

under subsections A and E of this section.

G. Whoever knowingly makes any false statement, representation

or certification, or knowingly fails to make any statement,

representation or certification in any application, record, report,

plan or other document filed or required to be maintained pursuant

to this act or any order of decision issued by the Department under

this act, shall, upon conviction, be punished by a fine of not more

than Ten Thousand Dollars ($10,000.00) or by imprisonment for not

more than one (1) year, or both.

H. Any operator who fails to correct a violation for which a

citation has been issued within the period permitted for its

correction shall be assessed a civil penalty of not less than Seven

Hundred Fifty Dollars ($750.00) for each day during which such

failure or violation continues.

The period permitted for corrections of violations shall not end

until:

1. The entry of a final order by the Department after an

expedited hearing, as provided by Section 53 of this act, which

ordered the suspension of the abatement requirements of the citation

because it was determined that the operator will suffer irreparable

loss or damage from the application of the abatement requirements;

or

2. The entry of an order by a court in any review proceedings

initiated by the operator in which the court orders the suspension

of the abatement requirements.

I. Any person who shall, except as permitted by law, willfully

resist, prevent, impede or interfere with the Chief Mine Inspector

or any of the agents or employees of the Department in the

performance of duties pursuant to this act shall, upon conviction,

be punished by a fine of not more than Five Thousand Dollars

($5,000.00), or by imprisonment for not more than one (1) year, or

both.
Okla. Stat. tit. 45, § 45-939 — OK Code / Title 45 / Section 45-939
Coal-fired electric generating plants - Burning Oklahoma
Status: in_force

coal.

All entities providing electric power for sale to the consumer

in Oklahoma and generating said power from coal-fired plants located

in Oklahoma shall burn a mixture of coal that contains a minimum of

ten percent (10%) Oklahoma mined coal, as calculated on a BTU

(British Thermal Unit) basis.
Okla. Stat. tit. 45, § 45-790 — OK Code / Title 45 / Section 45-790
Unconstitutionality of Surface Mining Control and
Status: in_force

Reclamation Act of 1977 (P.L. 95-87).

If any provisions of this act are required by the Surface Mining

Control and Reclamation Act of 1977 (P.L. 95-87) and any section,

clause or phrase of that Act on which this act is based is declared

unconstitutional or invalid by a court having jurisdiction over the

State of Oklahoma, the Department may suspend the enforcement of

that provision of this act for up to twelve (12) months, and shall

immediately notify the President Pro Tempore of the Senate, and the

Speaker of the House of Representatives.
Okla. Stat. tit. 45, § 45-770 — OK Code / Title 45 / Section 45-770
Release of performance bond or deposit - Application
Status: in_force

The permittee may file a request with the Department for the

release of all or part of a performance bond or deposit. Within

thirty (30) days after any application for bond or deposit release

has been filed with the Department, the operator shall submit a copy

of an advertisement placed at least once a week for four (4)

Oklahoma Statutes - Title 45. Mines and Mining Page 106

successive weeks in a newspaper of general circulation in the

locality of the surface coal mining operation. Such advertisement

shall be considered part of any bond release application and shall

contain a notification of the precise location of the land affected,

the number of acres, the permit and the date approved, the amount of

the bond filed and the portion sought to be released, and the type

and appropriate dates of reclamation work performed and a

description of the results achieved as they relate to the operator's

approved reclamation plan. In addition, as part of any bond release

application, the applicant shall submit copies of letters which he

has sent to adjoining property owners, local governmental bodies,

planning agencies and sewage and water treatment authorities or

water districts in the districts in which the surface coal mining

and reclamation activities took place, notifying them of his

intention to seek release from the bond.
Okla. Stat. tit. 45, § 45-46.1 — OK Code / Title 45 / Section 45-46.1
Acid mine drainage
Status: in_force

The Department of Environmental Quality, in cooperation with the

Department of Mines is authorized and directed, within the limits of

federal funds available to the Department of Environmental Quality

or any funds available to the Department of Mines, to study ways to

remediate acid mine drainage produced from abandoned coal mines

within this state, which the Legislature hereby finds to be a

significant water pollution and water quality problem. The

Department of Environmental Quality and the Department of Mines

shall evaluate existing projects among local, state and federal

government agencies, and educational institutions, which address

acid mine drainage.

Any local, state, and educational institution within this state

implementing water quality projects which pertain to acid mine

drainage shall coordinate and cooperate with the Department of

Environmental Quality and the Department of Mines to implement the

provisions of this section. The Department of Environmental Quality

and the Department of Mines shall make every effort to obtain full

cooperation and coordination from any federal agency which

implements any project pertaining to acid mine drainage.

Oklahoma Statutes - Title 45. Mines and Mining Page 19
Okla. Stat. tit. 45, § 45-773 — OK Code / Title 45 / Section 45-773
Release of performance bond or deposit - Notice to
Status: in_force

municipalities - Objections - Hearings - Informal conference -

Authority of department.

A. When any application for total or partial bond release is

filed with the Department, the Department shall notify any

municipality in which a surface coal mining operation is located by

certified mail at least thirty (30) days prior to the release of all

or a portion of the bond.

B. Any person with a valid legal interest which might be

adversely affected by release of the bond or the responsible

Oklahoma Statutes - Title 45. Mines and Mining Page 108

administration officer of any federal, state or local governmental

agency which has jurisdiction by law or special expertise with

respect to any environmental, social or economic impact involved in

the operation, or is authorized to develop and enforce environmental

standards with respect to such operations, shall have the right to

file written objections to the proposed release from bond to the

Department within thirty (30) days after the last publication of the

above notice. If written objections are filed and a hearing

requested, the Department shall inform all the interested parties of

the time and place of the hearing, and hold a public hearing in the

locality of the surface coal mining operation proposed for bond

release within thirty (30) days of the request for such hearing. The

date, time and location of such public hearings shall be advertised

as frequently as possible by the Department in each issue of a

newspaper of general circulation in the locality for two (2)

consecutive weeks, and shall hold a public hearing in the locality

of the surface coal mining operation proposed for bond release or at

the State Capitol Building at the option of the objector within

thirty (30) days of the request for such hearing.

C. Without prejudice to the rights of the objectors, to the

rights of applicant, or to the responsibilities of the Department

pursuant to this section, the Department may establish an informal

conference to resolve such written objections.

D. For the purpose of such hearing the Department shall have

the authority, pursuant to the Administrative Procedures Act, and is

hereby empowered to administer oaths, subpoena witnesses, or written

or printed materials, compel the attendance of witnesses, or

production of the materials, and take evidence including but not

limited to inspections of the land affected and other surface coal

mining operations carried on by the applicant in the general

vicinity. A verbatim record of each public hearing required by this

act shall be made, and a transcript made available on the motion of

any party or by order of the Department.
Okla. Stat. tit. 45, § 45-32 — OK Code / Title 45 / Section 45-32
Examinations of mines
Status: in_force

The Chief Mine Inspector shall, from time to time, make such

examinations of any mine or mines in the state necessary for the

proper enforcement of the mining laws.
Okla. Stat. tit. 45, § 45-745.15 — OK Code / Title 45 / Section 45-745.15
Temporary relief pending final determination of
Status: in_force

proceedings - Conduct of hearings - Appeals.

When a hearing is requested pursuant to this act, the Department

may, under such conditions as it may prescribe, grant such temporary

relief as it deems appropriate pending final determination of the

proceedings if:

1. All parties to the proceedings have been notified and given

an opportunity to be heard on a request for temporary relief;

2. The person requesting such relief shows that there is a

substantial likelihood that he will prevail on the merits of the

final determination of the proceeding; and

3. Such relief will not adversely affect the public health or

safety or cause significant imminent environmental harm to land, air

or water resources.

For the purpose of this and every hearing authorized by this

act, the Department may, pursuant to the Administrative Procedures

Act, administer oaths, subpoena witnesses, or written or printed

materials, compel attendance of the witnesses, or production of the

Oklahoma Statutes - Title 45. Mines and Mining Page 83

materials, and take evidence including, but not limited to, site

inspections of the land to be affected and other surface coal mining

operations carried on by the applicant in the general vicinity of

the proposed operation. A verbatim record of each public hearing

required by this act shall be made, and a transcript made available

on the motion of any party or by order of the Department.

Any applicant or any person with an interest which is or may be

adversely affected who has participated in the application process

as an objector, and who is aggrieved by the decision of the

Department, or if the Department fails to act within the time limits

specified in this act, shall have the right to appeal as provided by

Section 53 of this act.
Okla. Stat. tit. 45, § 45-933 — OK Code / Title 45 / Section 45-933
Failure to report - Ascertainment of coal mined -
Status: in_force

Determination of fees - Penalty.

If any operator shall fail to make reports at the time and in

the manner prescribed, the Chief Mine Inspector shall in such case,

upon such information as he may possess or obtain, ascertain the

amount of coal or mineral mined, and shall thereupon find and

determine the amount of fees due from such person, and shall add a

penalty for failure to report, which penalty shall equal ten percent

(10%) of the fees imposed.
Okla. Stat. tit. 45, § 45-47 — OK Code / Title 45 / Section 45-47
Funding of activities
Status: in_force

Funding for the Oklahoma Mining Commission's activities shall be

derived from funds appropriated to the Department of Mines for

operating expenses. Funds required for any third party studies

called for by a majority vote of the Commission members shall come

from contributions by the mining and related industries, public and

foundations, as well as those funds made available by the Department

of Mines.
Okla. Stat. tit. 45, § 45-413 — OK Code / Title 45 / Section 45-413
Mine inspector to require compliance with act
Status: in_force

It shall be the duty of the Mine Inspector of said mines to see

that the provisions of this act are complied with and to require the

operators of said mines to meet the requirements of this act. His

demands shall at all times be in writing delivered to the operator

and specifying therein the things or acts to be done.
Okla. Stat. tit. 45, § 45-745.11 — OK Code / Title 45 / Section 45-745.11
Exploration regulations - Contents - Confidential or
Status: in_force

privileged information - Tonnage limitations - Violations.

A. Coal exploration operations which substantially disturb the

natural land surface shall be conducted in accordance with

exploration regulations issued by the Department. Such regulations

shall include, at a minimum:

1. The requirement that prior to conducting any exploration

under this section, any person shall file with the Department notice

of intention to explore, and such notice shall include a description

of the exploration area and the period of supposed exploration; and

2. Provisions for reclamation, in accordance with the surface

coal mining operations performance standards of this act, of all

lands disturbed in exploration, including excavations, roads, drill

holes and the removal of necessary facilities and equipment.

B. Information submitted to the Department pursuant to this

subsection which is designated in writing as confidential,

concerning trade secrets or privileged commercial or financial

information which relates to the competitive rights of the person or

entity intended to explore the described area, shall not be

available for public examination.

C. No operator shall remove more than two hundred fifty (250)

tons of coal pursuant to an exploration permit without the specific

written approval of the Department.

D. Any person violating this section shall be subject to the

penalty provisions of this act.
Okla. Stat. tit. 45, § 45-938.1 — OK Code / Title 45 / Section 45-938.1
Oklahoma Miner Training Institute Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Miner Training Institute to be designated the

"Oklahoma Miner Training Institute Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies designated by Section 931 of this title

to be deposited in the fund. All monies accruing to the credit of

said fund are hereby appropriated and may be budgeted and expended

by the Oklahoma Mining Commission for the contract with the Board of

Regents of Eastern Oklahoma State College for operation of the

Oklahoma Miner Training Institute and associated expenses.

Expenditures from said fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.