reglab/housing_qa huggingface dataset:
45 OK Stat § 45-754.2 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-754.2. Performance standards.

|The operator shall also fulfill the following performance standards: |1. Conduct surface coal mining operations so as to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future through surface coal mining can be minimized;2. Stabilize and protect all surface areas including spoil piles affected by the surface coal mining and reclamation operation to effectively control erosion and attendant air and water pollution;3. Restore the topsoil or the best available subsoil which is best able to support vegetation;4. Insure that all debris, acid-forming materials, toxic materials, or materials constituting a fire hazard are treated or buried and compacted or otherwise disposed of in a manner designed to prevent contamination of ground or surface waters and that contingency plans are developed to prevent sustained combustion;5. Insure that the construction, maintenance and postmining conditions of access roads into and across the site of operations will control or prevent erosion and siltation, pollution of water, damage to fish or wildlife or their habitat, or public or private property;6. Refrain from the construction of roads or other access ways up a stream bed or drainage channel or in such proximity to such channel so as to seriously alter the normal flow of water;7. Protect off-site areas from slides or damage occurring during the surface coal mining and reclamation operations, and not deposit spoil material or locate any part of the operations or waste accumulations outside the permit area;8. To the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable;9. Provide for an undisturbed natural barrier beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as the Department shall determine shall be retained in place as a barrier to slides and erosion; and10. Meet such other criteria as are necessary to achieve reclamation in accordance with the purposes of this act, taking into consideration the physical, climatological, and other characteristics of the site.Laws 1979, c. 249, § 28, emerg. eff. June 1, 1979.
45 OK Stat § 45-755 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-755. Steep slope surface mining - Performance standards - Exemptions.

|The following performance standards shall be applicable to steep slope surface coal mining and shall be in addition to those general performance standards required by this act. These provisions shall not apply to those situations in which an operator is mining on flat or gently rolling terrain, on which an occasional steep slope is encountered through which the mining operation is to proceed, leaving a plain or predominantly flat area. |1. The operator shall insure that when performing surface coal mining on steep slopes, no debris, abandoned or disabled equipment, spoil material, or waste mineral matter be placed on the downslope below the bench or mining cut;2. Complete backfilling with spoil material shall be required to cover completely the highwall and return the site to the appropriate original contour, which material will maintain stability following mining and reclamation;3. The operator may not disturb land above the top of the highwall unless the Department finds that such disturbance will facilitate compliance with the environmental protection standards of this act. The land disturbed above the highwall shall be limited to that amount necessary to facilitate said compliance; and4. For the purposes of this section, the term steep slope is any slope above twenty (20) degrees or such lesser slope as may be defined by the Department after consideration of soil, climate and other characteristics of a region or state.Laws 1978, c. 10, § 15, emerg. eff. Feb. 2, 1978.
45 OK Stat § 45-756 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-756. Performance standards for removal of entire coal seam - Postmining land use as condition for granting permit.

|A. Where a surface coal mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge or hill by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining and which will be capable of supporting postmining uses in accordance with the requirements of this section, such operation shall require that: |1. The toe of the lowest coal seam and the overburden associated with it are retained in place as a barrier to slides and erosion;2. The reclaimed area is stable;3. The resulting plateau or rolling contour drains inward from the outslopes except at specified points;4. No damage will be done to natural watercourses;5. Spoil will be placed on the mountaintop bench as is necessary to achieve the planned postmining land use; and6. Stability of the spoil retained on the mountaintop is insured and meets the other requirements of this act.Such operation shall not be required to restore the original contour as provided in Section 747 of this title.B. In cases where an industrial, commercial, agricultural, residential or public facility, including recreational facilities, use is proposed as the postmining use of the affected land, the Department may grant a permit for a surface mining operation of the nature described in this section if:1. The proposed postmining land use is deemed to constitute an equal or better economic or public use of the affected land, as compared with premining use after consultation with the appropriate land use planning agencies;2. The applicant presents specific plans for the proposed postmining land use and appropriate assurances that such use will be:a. compatible with adjacent land uses,b. obtainable according to data regarding expected need and market,c. assured of investment in necessary public facilities,d. supported by commitments from public agencies where appropriate,e. practicable with respect to private financial capability for completion of the proposed use,f. planned pursuant to a schedule attached to the reclamation plan so as to integrate the mining operation and reclamation with the postmining land use, andg. designed by a registered engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;3. The proposed use would be consistent with adjacent land uses, and existing state and local land use plans and programs;4. The Department provides the governing body of the unit of general-purpose government in which the land is located and any state or federal agency which the Department, in its discretion, determines to have an interest in the proposed use, an opportunity of not more than sixty (60) days to review and comment on the proposed use;5. All other requirements of this act will be met.Laws 1978, c. 10, § 16, emerg. eff. Feb. 2, 1978; Laws 1979, c. 249, § 29, emerg. eff. June 1, 1979.
45 OK Stat § 45-757 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-757. Prime farmland - Soil restoration - Exemptions.

|If the area proposed to be mined contains prime farmland, the Department shall, after consultation with the United States Secretary of Agriculture, and pursuant to regulations issued by the United States Secretary of the Interior with the concurrence of the United States Secretary of Agriculture, grant a permit to mine on prime farmland if the Department finds in writing that the operator has the technological capability to restore such mined area, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards. The requirements of this section shall apply to all permits issued after August 3, 1977. |Nothing in this section shall apply to any permit issued prior to August 3, 1977, or to any revisions or renewals thereof, or to any existing surface mining operations for which a permit was issued prior to August 3, 1977.1. The operator shall be required to segregate the A horizon of the natural soil, except where it can be shown that other available soil materials will create a final soil having a greater productive capacity; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material;2. Segregate the B horizon of the natural soil, or underlying C horizons or other strata, or a combination of such horizons or other strata that are shown to be both texturally and chemically suitable for plant growth and that can be shown to be equally or more favorable for plant growth than the B horizon, in sufficient quantities to create in the regraded final soil a root zone of comparable depth and quality to that which existed in the natural soil; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material;3. Replace and regrade the root zone material described in paragraph 2 above with proper compaction and uniform depth over the regraded spoil material; and4. Redistribute and grade in a uniform manner the surface soil horizon described in paragraph 1 of this section.Laws 1978, c. 10, § 17, emerg. eff. Feb. 2, 1978.
45 OK Stat § 45-760.1 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-760.1. Suspension of underground mining in certain areas.

|In order to protect the stability of the land, the Department shall suspend underground coal mining under urbanized areas, cities, towns and communities and adjacent to industrial or commercial buildings, major impoundments or permanent streams if it finds imminent danger to inhabitants of the urbanized areas, cities, towns and communities. |Laws 1979, c. 249, § 30, emerg. eff. June 1, 1979.
45 OK Stat § 45-760.2 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-760.2. Application of act to surface operations - Modifications.

|The provisions of this act relating to permits, bonds, inspections and enforcement, public review, and administrative and judicial review shall be applicable to surface operations and surface impacts incident to an underground coal mine with such modifications to the permit application requirements, permit approval or denial procedures, and bond requirements as are necessary to accommodate the distinct difference between surface and underground coal mining. The Department shall adopt such modifications. |Laws 1979, c. 249, § 31, emerg. eff. June 1, 1979.
45 OK Stat § 45-761 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-761. Licenses and permits - Display - Inspection.

|A copy of all current permits, licenses, approved plans or other authorizations to operate the mine shall be available for inspection at or near the mine site. |Laws 1978, c. 10, § 21, emerg. eff. Feb. 2, 1978.
45 OK Stat § 45-765 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-765. Data collection and analysis.

|A. The Department shall require any permittee to establish and maintain appropriate records, make monthly reports to the Department, install, use and maintain any necessary monitoring equipment or methods, evaluate results in accordance with such methods, at such locations, intervals and in such manner as the Department shall prescribe, and provide such other information relative to surface coal mining and reclamation operations as the Department deems reasonable and necessary. |B. For those surface coal mining and reclamation operations which remove or disturb strata that serve as aquifers which significantly insure the hydrologic balance of water use either on or off the mining site, the Department shall specify:1. Monitoring sites to record the quantity and quality of surface drainage above and below the minesite as well as in the potential zone of influence;2. Monitoring sites to record level, amount and samples of ground water and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined;3. Records of well logs and borehole data to be maintained; and4. Monitoring sites to record precipitation.The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the Department in order to assure their reliability and validity.Laws 1979, c. 249, § 32, emerg. eff. June 1, 1979.
45 OK Stat § 45-766 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-766. Right of entry - Inspections - Signs - Violations - Public inspection of records, etc.

|A. The representatives of the Department may enter upon the lands of the operator at all times deemed reasonable and necessary by the Department without advance notice and upon presentation of appropriate credentials for the purpose of inspection, to determine whether the provisions of this act have been complied with, and may at reasonable times, and without delay, have access to and copy any records, inspect any monitoring equipment or method of operation required under this act. |B. The inspections by the Department shall:1. Occur on an irregular basis averaging at least one partial inspection per month for each active surface coal mining and reclamation operation covered by permit. Partial inspections on each inactive surface coal mining and reclamation operation covered by permit shall be conducted as necessary to ensure the effective enforcement of this act. At least one complete inspection shall be conducted per calendar quarter on each active and inactive surface coal mining and reclamation operation covered by permit.For the purpose of this section, an inactive surface coal mining and reclamation operation is defined as those operations which have obtained at least a sixty percent (60%) bond release pursuant to paragraph 1 of subsection A of Section 772 of this title. All other surface coal mining operations shall be considered as active;2. Occur without prior notice to the permittee or his agents or employees except for necessary on-site meetings with the permittee; and3. Include the filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this act.C. Each permittee shall maintain in a conspicuous place at the entrances to the surface coal mining and reclamation operations clearly visible signs which set forth the name, business address and phone number of the permittee and the permit number of the surface coal mining and reclamation operations.D. Each inspector, upon detection of each violation of any requirement of this act, shall immediately inform the operator in writing of the violation, and shall report in writing any such violation to the Department.E. Copies of any records, reports, inspection materials or information obtained under this act by the Department shall be made immediately available for inspection by the public at central and sufficient locations designated by the Department in the county, multicounty and state area of mining so that they are conveniently available to residents in the areas of mining, excepting such information required to be kept confidential by this act.Amended by Laws 1984, c. 248, § 5, emerg. eff. May 29, 1984.
45 OK Stat § 45-767 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-767. Conflicts of interest - Violations.

|No employee of the Department of Mines or any other state employee performing any function or duty under this act shall be directly or indirectly interested in any mining operation, or any contract for purchase of any property or construction or any work for any mining operation. Any person who knowingly violates the provision of this section shall be guilty of a misdemeanor and, upon conviction shall be punished by incarceration for a period not to exceed one (1) year or a fine not to exceed Five Thousand Dollars ($5,000.00), or both. |Laws 1979, c. 249, § 34, emerg. eff. June 1, 1979.
45 OK Stat § 45-768 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-768. Reports of violations of act - Informal review - Inspection procedure.

|A. Any person who is or may be adversely affected by a surface mining operation may notify the Chief Mine Inspector or any representative of the Chief Mine Inspector responsible for conducting the inspection, in writing, of any violation of this act which he has reason to believe exists at the surface mining site. If the person who is or may be adversely affected by surface mining operations states in such writing that he desires the source of the complaint or writing kept confidential, the Department shall maintain such information in confidence. The Chief Mine Inspector shall, by regulation, establish procedures for informal review of any refusal by a representative of the Chief Mine Inspector to issue a citation with respect to any such alleged violation. The Chief Mine Inspector shall furnish such persons requesting the review a written statement of the reasons for the Chief Mine Inspector's final disposition of the case. |B. The Chief Mine Inspector shall also, by regulation, establish procedures to ensure that adequate and complete inspections are made. Any such person may notify the Chief Mine Inspector of any failure to make such inspections, after which the Chief Mine Inspector shall determine whether adequate and complete inspections have been made. The Chief Mine Inspector shall furnish such persons a written statement of the reasons for the Chief Mine Inspector's determination that adequate and complete inspections have or have not been conducted.Amended by Laws 1985, c. 339, § 5, emerg. eff. July 30, 1985.
45 OK Stat § 45-770 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-770. Release of performance bond or deposit - Application.

|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) 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. |Laws 1979, c. 249, § 37, emerg. eff. June 1, 1979.
45 OK Stat § 45-771 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-771. Release of performance bond or deposit - Inspection and evaluation of reclamation work.

|Upon receipt of the notification and request, the Department shall within thirty (30) days conduct an inspection and evaluation of the reclamation work involved. Such evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of continuance or future occurrence of such pollution, and the estimated cost of abating such pollution. The Department shall notify the permittee in writing of its decision to release or not to release all or part of the performance bond or deposit within sixty (60) days from the filing of the request, if no public hearing is held and if there has been a public hearing held within thirty (30) days thereafter. |Laws 1979, c. 249, § 38, emerg. eff. June 1, 1979.
45 OK Stat § 45-772 (2021)
2021 Oklahoma Statutes|Title 45. Mines and Mining|§45-772. Release of performance bond or deposit - Schedule of release - Disapproval of application - Protection of affected area.

|A. The Department may release in whole or in part the bond or deposit if the Department is satisfied the reclamation covered by the bond or deposit or portion thereof has been accomplished as required by this act according to the following schedule: |1. When the operator completes the backfilling, regrading and drainage control of a bonded area in accordance with his approved reclamation plan, the release of sixty percent (60%) of the bond or collateral for the applicable permit area;2. After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan. When determining the amount of bond to be released after successful revegetation has been established, the Department shall retain that amount of bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation and for the period specified for operator responsibility of reestablishing revegetation. No part of the bond or deposit shall be released under this paragraph so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by law. No part of the bond shall be released until soil productivity for prime farmlands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey. When a silt dam is to be retained as a permanent impoundment, the remaining portion of bond may be released under this paragraph so long as provisions for sound future maintenance by the operator or the landowner have been made with the Department; and3. When the operator has completed successfully all surface coal mining and reclamation activities, the release of the remaining portion of the bond, but not before the expiration of the period specified for operator responsibility. No bond shall be fully released until all reclamation requirements of this act are fully met.B. If the Department disapproves the application for release of the bond or portion thereof, the Department shall notify the permittee in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure said release and allowing opportunity for a public hearing.C. In order to protect areas affected by surface coal mining activities and the surface effects of underground coal mines, no oil or gas drilling activities shall be commenced or continued in any mine permit area while the reclamation bond or any portion thereof remains in effect, without the written approval of the Director.The Department shall issue rules and regulations establishing criteria and conditions for the approval of the Director under this subsection.Laws 1979, c. 249, § 39, emerg. eff. June 1, 1979.