reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; or
6. Refuses to permit access to, and copying of, such records as the Department determines necessary in carrying out the provisions of this act.
B. The court shall have jurisdiction to provide such relief as may be appropriate. Any relief granted by the court to enforce an order under paragraph 1 of this section shall continue in effect until the completion or final termination of all proceedings for review of such order under this title, unless the district court granting such relief sets it aside or modifies it.
Laws 1979, c. 249, § 47, emerg. eff. June 1, 1979.
2023 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; or
4. Affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.
D. Determinations of the unsuitability of land for surface coal mining, as provided for in this section, shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state and local levels.
E. The requirements of this section shall not apply to lands on which surface coal mining operations were being conducted on August 3, 1977, or under a permit issued pursuant to this act or the Coal Reclamation Act of 1978, or where substantial legal and financial commitments in such operation were in existence prior to January 4, 1977.
Laws 1979, c. 249, § 48, emerg. eff. June 1, 1979.
2023 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.
2023 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; or
4. On any land prohibited by federal law.
Laws 1979, c. 249, § 50, emerg. eff. June 1, 1979.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
3. 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.
2023 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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-853. Supplementary agreements - Legislative appropriation.

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.
Laws 1970, c. 51, § 3, emerg. eff. March 3, 1970.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-902. Certificate of competency - Violations - Examinations - First-aid certificates.

It shall be unlawful for any person in the State of Oklahoma to act as superintendent, mine foreman or shot firer without first having obtained a certificate of competency from the State Mining Board as herein provided for.
The examination given by the State Mining Board to an applicant for a certificate of competency as superintendent, mine foreman or shot firer shall include a written or oral or written and oral examination to determine that he fully understands the requirements of the mining laws of Oklahoma.
Each applicant shall hold a first-aid certificate issued to him within two (2) years previous to the date of the examination by an organization recognized by the State Mining Board.
Certificates of competency for the positions enumerated shall be granted to persons who have given the Chief Executive Officer of the Board satisfactory evidence of their ability to perform the duties of the positions applied for and who have obtained the necessary grades as determined by the Board for respective positions. In determining the grade of each applicant, due respect shall be given to the applicant's previous experience and record of service which shall have equal weight with the oral or written examination given to test the practical and technical knowledge of the applicant for the certificate of competency being sought. Provided, however, successful completion of the course of instruction provided by the Oklahoma Miner Training Institute (OMTI) or other courses of instruction provided by other training facilities and approved by the Board shall be considered as having met this examination requirement.
Laws 1978, c. 148, § 2, emerg. eff. April 7, 1978; Laws 1981, c. 23, § 1, emerg. eff. April 6, 1981.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-903. Certification of applicants - Fees.

Certifications provided for in this act shall be issued under the signature and seal of the State Mining Board; such certificates shall bear the date of issuance, full name, age and years of experience of recipient and shall designate the position for which the recipient is certified by the Board. Provided that all persons making applications to the State Mining Board for certificates of competency as mine superintendent, mine foreman or shot firer shall accompany said application with a fee of Two Dollars and fifty cents ($2.50) as a fee for such examination and shall pay an additional fee of Two Dollars and fifty cents ($2.50) when said certificate is issued.
Laws 1978, c. 148, § 3, emerg. eff. April 7, 1978; Laws 1981, c. 23, § 2, emerg. eff. April 6, 1981.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-904. Records - Rights and duties of certificate holders.

The Secretary of the Board shall maintain a record of the names, addresses and other pertinent information of all persons to whom certificates are issued. Certificates of competency, when issued as provided for herein, shall entitle the holders thereof to accept and discharge the duties for which said certificates declare them qualified.
Laws 1978, c. 148, § 4, emerg. eff. April 7, 1978.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-905. Revocation of certificates - Notice.

The State Mining Board shall have power to revoke any certificates, by it granted, because of incompetency, intoxication or other sufficient cause, provided that any person against whom charges are made shall have ten (10) days written notice from the Board and shall have opportunity to be heard by it in his own behalf.
Laws 1978, c. 148, § 5, emerg. eff. April 7, 1978.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-906. Temporary permits.

The Secretary of the Board may, upon the recommendation of at least two (2) other members of the Board, issue a temporary permit to an applicant for a certificate for mine foreman or shot firer. Said temporary permit shall be valid only until the next meeting of the Board or not to exceed thirty-one (31) days.
Laws 1978, c. 148, § 6, emerg. eff. April 7, 1978; Laws 1981, c. 23, § 3, emerg. eff. April 6, 1981.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-907. Inspection and examination of active strip and surface mines - Reports - Recommendations.

It shall be the duty of the Department of Mines to enter into and examine thoroughly each and every active strip or surface mine in the state four to six times annually and in response to compliance concerns to see that the provisions of this act are observed and strictly carried out. Mines with resident safety engineers supplying the Department with monthly self-monitoring reports shall be inspected a minimum of twice a year. The Chief Mine Inspector or assistant inspectors, or both, may enter, inspect and examine any strip or surface pit and the works and machinery belonging thereto at all times, either by night or by day. The owner and the employees may each designate a person who shall accompany the inspector during the state inspection of the mine. After each inspection the inspector shall make a report in triplicate of the condition of the mine with recommendations and orders. One copy shall be placed on file in the office of the Chief Mine Inspector, one copy shall remain with the inspector, and one copy shall be given to the operator who shall post it in a conspicuous place available for public inspection where it can be read and where it shall remain until the next state inspection report is issued. Within thirty (30) days after receiving the report of the inspector in which any important recommendations are made, the owner shall send a report to the Chief Mine Inspector stating what steps have been taken to comply with the recommendations.
Added by Laws 1978, c. 148, § 7, emerg. eff. April 7, 1978. Amended by Laws 1986, c. 308, § 8, operative July 1, 1986; Laws 2010, c. 293, § 1, emerg. eff. June 6, 2010.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-908. Employment of certified strip pit mine foreman.

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.
Laws 1978, c. 148, § 8, emerg. eff. April 7, 1978.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-909. Foreman - Duties and responsibilities.

The mine foreman shall keep a careful watch over all operations with the utmost regard for the safety of all employees. His responsibility includes the use, storage and handling of explosives, condition of all equipment used, condition of roads in and out of the pits, drainage, roads to the tipple and other surface structures. Strip pit foremen shall devote the whole of their time to their duties when the strip mine is in operation.
Laws 1978, c. 148, § 9, emerg. eff. April 7, 1978.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-912. Drilling for blasting - Rules and procedures.

The following rules and procedures shall be complied with when dealing with drilling for blasting:
1. Equipment shall be inspected each shift by a certified person designated by the operator. Equipment defects affecting safety shall be reported immediately;
2. Equipment defects 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.
Laws 1978, c. 148, § 12, emerg. eff. April 7, 1978.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-914. Travelways - Rules and procedures.

The following rules and procedures shall be complied with in dealing with travelways:
1. Safe means of access shall be provided and maintained to all working places;
2. Crossovers, elevated walkways, elevated ramps and stairways shall be of substantial construction, provided with handrails and maintained in good condition. Where necessary, toeboards shall be provided;
3. Ladders shall be of substantial construction, maintained in good condition and regularly inspected;
4. Portable straight ladders shall be provided with nonslip bases, shall be placed against a safe backing at the proper angle and set on secure footing;
5. Fixed ladders shall be anchored securely and installed to provide at least three (3) inches of toe clearance;
6. Fixed ladders shall have substantial railed landings at least every thirty (30) feet unless backguards are provided;
7. Steep fixed ladders, seventy (70) degrees to ninety (90) degrees from the horizontal, thirty (30) feet or more in length shall be provided with backguards, cages or equivalent protection, starting at a point not more than seven (7) feet from the bottom of the ladder;
8. Fixed ladders shall project at least three (3) feet above landings or substantial handholds shall be provided above the landings;
9. Wooden members of ladders shall not be painted;
10. Ladderways, stairways, walkways and ramps shall be kept free of loose rock and extraneous materials;
11. Men climbing or descending ladders shall face the ladders and have both hands free for climbing;
12. Railed walkways shall be provided wherever persons are regularly required to walk along conveyor belts. Inclined railed walkways shall be nonskid or provided with cleats;
13. Openings above, below or near travelways through which men or materials may fall shall be protected by railings, barriers or covers. Where it is impractical to install such protective devices, adequate warning signals shall be posted;
14. Scaffolds and working platforms shall be of substantial construction and provided with handrails and maintained in good condition. Floorboards shall be laid properly and the scaffolds and working platforms shall not be overloaded. Working platforms shall be provided with toeboards where necessary;
15. Crossovers shall be provided where it is necessary to cross conveyors;
16. Moving conveyors shall be crossed only at designated crossover points;
17. Slippery walkways shall be provided with cleats and handrails and/or ropes; and
18. Regularly used walkways and travelways shall be sanded, salted or cleared of snow and ice as soon as practicable.
Laws 1978, c. 148, § 14, emerg. eff. April 7, 1978.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-917. Personal protection - Rules and procedures.

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;
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.
Added by Laws 1978, c. 148, § 17, emerg. eff. April 7, 1978. Amended by Laws 2004, c. 194, § 3, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-918. Augering - Rules and procedures.

The following rules and procedures shall be complied with in dealing with augering:
1. Planning:
before augering is done, advance planning shall be made to insure that no hazards shall be created affecting active underground workings. Auger mine workings and holes drilled shall be located so as to prevent:
(1) interference with the ventilation system of any underground mine, and
(2) inundation hazards from the surface to active underground workings;
2. Inspection:
a. at least fifty (50) feet on each side of highwalls being drilled shall be inspected for loose material before drilling or other work in the area is begun, and an inspection shall be made at least once during each operating shift,
b. when abandoned mines or abandoned parts of active mines are penetrated by drilling, machinery shall be stopped and tests shall be made at the collar of the hole for explosive gas or oxygen or oxygen deficiency by a certified person qualified to use approved instruments to make such tests. If tests show the presence of gas or the lack of oxygen, the equipment shall not be operated until the condition has been corrected;
3. Auger holes; persons not to enter:
a. no person shall enter an auger hole for any purpose without having first received permission from a representative of the Oklahoma Department of Mines,
b. auger machines and other related equipment on which persons are required to work during drilling operations shall be protected against falling material from highwalls by heavy gauge screen or equivalent material subject to the approval of the mine inspector. The protective screen shall permit workmen to keep the highwall in view at all times,
c. no work shall be done on the highwall in the vicinity of drilling equipment while it is in operation;
4. Auger equipment; operation:
a. persons shall stay clear of the auger train while it is in motion, and they shall not pass over or under the auger train except where crossing facilities are provided; b. persons must be in the clear while auger sections are being swung into position,
c. auger operators shall not leave the controls of the equipment while the auger is operating, and
d. when auger operations are performed after dark, adequate illumination shall be provided;
5. Auger Holes; blocking: auger holes shall be securely blocked by spoil or other suitable material before they are abandoned.
Laws 1978, c. 148, § 18, emerg. eff. April 7, 1978.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-919. General rules and procedures.

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.
Laws 1978, c. 148, § 19, emerg. eff. April 7, 1978.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-931. Operator's fee - Disposition - Production report and forms.

A. All operators of coal mining operations shall pay to the Department of Mines a fee of seven and one-half cents ($0.075) per ton of coal produced.
B. All operators of noncoal mining operations shall pay to the Department of Mines a fee of one and one-fourth cents ($0.0125) per ton of mineral produced. For the purposes of this section, "mineral" shall be defined as provided in paragraph 4 of Section 723 of this title.
C. The fees imposed by this section shall be paid no later than thirty (30) days after the end of each calendar quarter beginning the first calendar quarter after June 30, 1982.
D. The Department shall develop and promulgate a report form, which shall be as similar as possible to the form required of operators by federal law, and which shall state the amount of coal or mineral produced during the calendar quarter, the method of coal or mineral removal, and the type of coal or mineral. The operator shall swear to the accuracy of the report before a notary public, who shall duly notarize the report.
E. All fees collected by the Department of Mines pursuant to this section shall be deposited with the State Treasurer, who shall credit one cent ($0.01) per ton of fees collected on coal produced on or after July 1, 1988, and one-tenth of one cent ($0.001) per ton of fees collected on minerals produced on or after July 1, 1988, to the Oklahoma Miner Training Institute Revolving Fund, with the balance of the fees collected to be deposited in the Department of Mines Revolving Fund.
Added by Laws 1979, c. 74, § 1, eff. July 1, 1979. Amended by Laws 1981, c. 221, § 6, emerg. eff. June 22, 1981; Laws 1982, c. 266, § 5, emerg. eff. May 14, 1982; Laws 1983, c. 69, § 1, operative June 30, 1983; Laws 1987, c. 208, § 89, operative July 1, 1987; Laws 1987, c. 236, § 94, emerg. eff. July 20, 1987; Laws 1988, c. 235, § 5, operative July 1, 1988; Laws 2010, c. 293, § 2, emerg. eff. June 6, 2010; Laws 2017, c. 142, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-932. Delinquent reports and fees - Penalty - Time extension.

A. Any operator who shall fail or refuse to file such quarterly report and pay his fees within the time and in the manner prescribed by law shall be deemed delinquent and a penalty of ten percent (10%) shall be added to the amount of fees actually due for said period.
B. The Chief Mine Inspector may, in his discretion, grant an extension of time not exceeding thirty (30) days within which the fees for any quarterly period may be reported and paid without addition of the ten percent (10%) penalty.
Laws 1979, c. 74, § 2, eff. July 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-933. Failure to report - Ascertainment of coal mined - 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.
Amended by Laws 1983, c. 69, § 2, operative June 30, 1983.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-934. Lien for fees - Perfecting - Notice - Indexing - Release

Fees which are due and unpaid shall be a first and perpetual lien upon all of the property of the operator against whom the fees are assessed, subject to any tax liens imposed by the state. The liens shall be perfected by the filing and recording of a notice of lien with the county clerk in the county in which the operator resides or has property and shall thereafter constitute constructive notice to purchasers of the existence and superiority of the lien. Said notice of lien shall contain the name of the operator, the amount of fees claimed to be due, and a description of the property against which the lien is claimed. The county clerk of any county in which such lien is filed shall index the lien in the same form and manner and in the same book as provided for the indexing of income tax liens, except that the said entry in the said index shall show that the lien is a coal or mineral fee lien. Upon payment of the fee the Chief Mine Inspector shall release the lien.
Amended by Laws 1983, c. 69, § 3, operative June 30, 1983.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-935. Collection of delinquent fees.

All delinquent fees imposed by this act shall constitute a debt due to the state and may be collected by action brought by the Attorney General in the name of the state against the delinquent debtor in any court of competent jurisdiction.
Laws 1979, c. 74, § 5, eff. July 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-936. Payment of fee as condition precedent to coal mining - 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.
Amended by Laws 1983, c. 69, § 4, operative June 30, 1983.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-937. Violations; penalty.

Any person who willfully obstructs or hinders the Chief Mine Inspector or other public officer or employee from collecting the fee prescribed in this act, or who makes any false or fraudulent report or return thereof with intent to defraud the state, or to evade the payment of the fee or any part thereof; or who willfully refuses to make and file a report or return as required by the terms of this act; or who aids or abets another in any of the foregoing prohibited acts, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law.
Laws 1979, c. 74, § 7, eff. July 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-938. Department of Mines Revolving Fund.

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.
Added by Laws 1979, c. 74, § 8, eff. July 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-938.1. Oklahoma Miner Training Institute Revolving Fund.

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.
Added by Laws 1988, c. 235, § 6, operative July 1, 1988. Amended by Laws 2012, c. 304, § 158.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-939. Coal-fired electric generating plants - Burning Oklahoma 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.
Added by Laws 1986, c. 43, § 1, eff. Jan. 1, 1987.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-939.1. Cost increases to consumers and impairment of certain contracts prohibited.

The cost to the entity shall not increase the cost to the consumer or exceed the energy cost of existing long-term contracts for out-of-state coal preference including preference given Oklahoma vendors as provided in Section 85.32 of Title 74 of the Oklahoma Statutes.
Added by Laws 1986, c. 43, § 2, eff. Jan. 1, 1987.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-940. Fly ash or other material from coal combustion, power-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.
Added by Laws 1991, c. 45, § 1, emerg. eff. April 4, 1991. Amended by Laws 1997, c. 161, § 2, emerg. eff. April 25, 1997; Laws 2016, c. 168, § 2, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 46. Mortgages › §46-1. Absolute deed as mortgage.

Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible or as security for the payment of money, shall be deemed a mortgage and must be recorded and foreclosed as such either in an action to enforce the mortgage or pursuant to a power of sale as provided for in the Oklahoma Power of Sale Mortgage Foreclosure Act.
R.L. 1910, § 1156; Laws 1986, c. 319, § 10, eff. Nov. 1, 1986.