reglab/housing_qa huggingface dataset:
45 OK Stat § 45-773 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-773. Release of performance bond or deposit - Notice to 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 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.Laws 1979, c. 249, § 40, emerg. eff. June 1, 1979.
45 OK Stat § 45-775 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-775. Inspection of violations.

|Whenever the Department has reason to believe that any person is in violation of any requirement of this act or any permit condition required by this act, the Department shall immediately order inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available to the Department is a result of a previous inspection of such surface coal mining operation. When the inspection results from information provided to the Department by any person, the Department shall notify such person when the inspection is proposed to be carried out and such person shall be allowed to accompany the inspector during the inspection. |Laws 1979, c. 249, § 42, emerg. eff. June 1, 1979.
45 OK Stat § 45-776 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-776. Conditions or practices in violation of act - Cessation 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. |Laws 1979, c. 249, § 43, emerg. eff. June 1, 1979.
45 OK Stat § 45-777 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-777. Abatement of violation - Notice - Hearing - Cessation orders.

|If the Department determines that any permittee is in violation of any requirement of this act or any permit condition required by this act, but such violation does not create an imminent danger to the health or safety of the public, or cannot be reasonably expected to cause significant, imminent environmental harm to land, air or water resources, the Department shall issue a notice to the permittee or his agent fixing a reasonable time not to exceed ninety (90) days for the abatement of the violation and providing opportunity for public hearing. |If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the Department, the Department finds that the violation has not been abated, it shall immediately order a cessation of surface coal mining and reclamation operations or the portion thereof relevant to the violation. Such cessation order shall remain in effect until the Department determines that the violation has been abated, or until modified, vacated or terminated by the Department. In the order of cessation issued by the Department under this section, the Department shall determine the steps necessary to abate the violation in the most expeditious manner possible, and shall include the necessary measures to abate in the order.Laws 1979, c. 249, § 44, emerg. eff. June 1, 1979.
45 OK Stat § 45-778 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-778. Suspension or revocation of permit.

|If the Department determines that a pattern of violations of any requirements of this act exists or has existed, and if the Department also finds that such violations are caused by the unwarranted or willful failure of the permittee to comply with any requirements of this act, the Department shall immediately issue an order to the permittee to show cause as to why the permit should not be suspended or revoked and shall provide opportunity for a public hearing. If a hearing is requested the Department shall inform all interested parties of the time and place of the hearing. Upon the permittee's failure to show cause as to why the permit should not be suspended or revoked, the Department shall immediately suspend or revoke the permit. |Laws 1979, c. 249, § 45, emerg. eff. June 1, 1979.
45 OK Stat § 45-779 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-779. Notices and orders - Requirements.

|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 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. |Laws 1979, c. 249, § 46, emerg. eff. June 1, 1979.
45 OK Stat § 45-780 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-780. Action for damages and expenses - Injunctions, restraining orders or other orders - Jurisdiction - Relief.

|A. The Attorney General, upon request of the Department, shall institute proceedings to recover any damages and expense which the Department may have sustained by reason of the default of the operator. Such proceedings shall be brought against the operator and surety either in Oklahoma County or the county in which the violation occurred. |The Department may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other appropriate order in the district court for the district in which the surface coal mining and reclamation operation is located or in which the permittee thereof has his principal office, whenever such permittee or his agent:1. Violates or fails or refuses to comply with any order or decision issued by the Department under this act;2. Interferes with, hinders or delays the Department in carrying out the provisions of this act;3. Refuses to admit authorized representatives of the Department to the mine;4. Refuses to permit inspection of the mine by authorized representatives of the Department;5. Refuses to furnish any information or report requested by the Department in furtherance of the provisions of this act; or6. Refuses to permit access to, and copying of, such records as the Department determines necessary in carrying out the provisions of this act.B. The court shall have jurisdiction to provide such relief as may be appropriate. Any relief granted by the court to enforce an order under paragraph 1 of this section shall continue in effect until the completion or final termination of all proceedings for review of such order under this title, unless the district court granting such relief sets it aside or modifies it.Laws 1979, c. 249, § 47, emerg. eff. June 1, 1979.
45 OK Stat § 45-781 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-781. Land unsuitable for certain types of surface coal mining operations - Designation - Criteria.

|A. The Department shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to which, if any, land areas or this state are unsuitable for all or certain types of surface coal mining operations pursuant to the standards set forth in this section but such designation shall not prevent the mineral exploration pursuant to this act of any area so designated. |B. Upon petition, the Department shall designate an area as unsuitable for all or certain types of surface coal mining operations if the Department determines that reclamation pursuant to the requirements of this act is not technologically and economically feasible.C. Upon petition, a surface area may be designated unsuitable for certain types of surface coal mining operations if such operations will:1. Be incompatible with existing state or local land use plans or programs;2. Affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific and esthetic values and natural systems;3. Affect renewable resource lands in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products, and such lands to include aquifers and aquifer recharge areas; or4. Affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.D. Determinations of the unsuitability of land for surface coal mining, as provided for in this section, shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state and local levels.E. The requirements of this section shall not apply to lands on which surface coal mining operations were being conducted on August 3, 1977, or under a permit issued pursuant to this act or the Coal Reclamation Act of 1978, or where substantial legal and financial commitments in such operation were in existence prior to January 4, 1977.Laws 1979, c. 249, § 48, emerg. eff. June 1, 1979.
45 OK Stat § 45-782 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-782. Petition to designate area as unsuitable for surface coal 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 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.Laws 1979, c. 249, § 49, emerg. eff. June 1, 1979.
45 OK Stat § 45-783 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-783. Limitations on surface coal mining operations.

|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; or4. On any land prohibited by federal law.Laws 1979, c. 249, § 50, emerg. eff. June 1, 1979.
45 OK Stat § 45-784 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-784. Cooperative agreements with federal government.

|The Department shall have the authority to enter into cooperative agreements with the United States Secretary of the Interior to provide for departmental regulation of surface coal mining and reclamation operations on federal lands within Oklahoma. |Laws 1979, c. 249, § 51, emerg. eff. June 1, 1979.
45 OK Stat § 45-785 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-785. Compliance with act.

|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. |Laws 1979, c. 249, § 52, emerg. eff. June 1, 1979.
45 OK Stat § 45-787 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-787. Appeal of order or other action.

|Any order or other action of the Department or the Chief Mine Inspector shall beappealable when entered, as provided in Sections 318 et seq. of Title 75 of the Oklahoma Statutes. |Laws 1979, c. 249, § 54, emerg. eff. June 1, 1979.
45 OK Stat § 45-788 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-788. Enforcement or protection of interest in water resources - 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.Laws 1979, c. 249, § 55, emerg. eff. June 1, 1979.
45 OK Stat § 45-789 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-789. Rules and regulations.

|The Department shall adopt and promulgate all necessary rules and regulations including rules and regulations for hearings and appeals, subject to the provisions of this act and the Administrative Procedures Act, for the implementation of this act. Provided, the Department shall coordinate its regulations with the Office of Surface Mining to ensure consistency in regulatory actions and that state interpretations of the law and regulations are not more restrictive than those of the Office of Surface Mining. |Amended by Laws 1983, c. 39, § 4, emerg. eff. April 20, 1983. Amended by Laws 1983, c. 39, § 4, emerg. eff. April 20, 1983.
45 OK Stat § 45-790 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-790. Unconstitutionality of Surface Mining Control and 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. |Laws 1979, c. 249, § 57, emerg. eff. June 1, 1979.
45 OK Stat § 45-791 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-791. Federal rules and regulations - Compliance - Reimbursement for costs.

|In compliance with all federal laws, rules and regulations, the Department shall take any such action as it shall deem necessary to make such compliance. The Department shall make every effort to obtain full reimbursement from the Director of the Office of Surface Mining and Reclamation for the costs of performing its duties under this act. |Added by Laws 1978, c. 10, § 23, emerg. eff. Feb. 2, 1978. Renumbered from Title 45, § 763 Laws 1979, c. 249, § 59, emerg. eff. June 1, 1979.
45 OK Stat § 45-791.1 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-791.1. Alternative reclamation practices.

|In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential or public use (including recreation facilities), the Department with approval by the Secretary of the Interior may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under Sections 746 through paragraph 2 of Section 760 of Title 47 of the Oklahoma Statutes. Such practices may be authorized if: |1. The experimental practices are potentially more or at least as environmentally protective, during and after mining operations, as those required by promulgated standards;2. The mining operations approved for particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and3. The experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards.Added by Laws 1984, c. 248, § 6, emerg. eff. May 29, 1984.
45 OK Stat § 45-792 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-792. Assistance of state agencies.

|The Department is authorized to call upon the expertise of all state agencies in the implementation of this act. All state agencies shall provide any assistance as available on the request of the Department. |Added by Laws 1978, c. 10, § 24, emerg. eff. Feb. 2, 1978. Renumbered from Title 45, § 764 by Laws 1979, c. 249, § 59, emerg. eff. June 1, 1979.
45 OK Stat § 45-793 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-793. Federally inspected reclamation activities.

|During any action under which the Office of Surface Mining, Department of the Interior, assumes responsibility for the inspection and enforcement of surface coal mining and reclamation activities in the State of Oklahoma under the authority granted by 30 U.S.C. 1271, the Department may inspect such surface coal mining and reclamation activities on a less frequent basis than required under Section 766 of Title 45 of the Oklahoma Statutes until full authority for inspection and enforcement is regained from the Office of Surface Mining. |Added by Laws 1984, c. 248, § 7, emerg. eff. May 29, 1984.
45 OK Stat § 45-852 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-852. Governor as ex officio member.

|The Governor shall be, ex officio, this state's member of the Interstate Mining Compact as established by Article V of the Compact. Provided, that whenever the Governor shall deem it advisable to do so, he may appoint an alternate to serve in his stead and thereafter such alternate shall serve at the pleasure of the Governor. An executed counterpart of each letter of appointment by the Governor shall be filed with the Secretary of the Commission. |Laws 1970, c. 51, § 2, emerg. eff. March 3, 1970.