2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-950. Moratorium on issuing permits or amending permits for locations overlying sensitive sole source groundwater basins or subbasins.

A. For purposes of this section, a "subject mine" shall mean a mine, as defined in paragraph 2 of Section 723 of Title 45 of the Oklahoma Statutes, proposed for a location overlying a sensitive sole source groundwater basin or subbasin, exclusive of any mine that meets at least one of the following conditions:
1. As of November 1, 2019, is engaged in the permitted extraction of minerals from natural deposits; or
2. Satisfies the criteria of paragraph 1 or 2 of subsection C of Section 1020.2 of Title 82 of the Oklahoma Statutes; or
3. Is not to be permitted to operate for a period of more than five (5) years, with no extensions or renewals; or
4. The operation of which will not result in more than five (5) acre-feet per year of groundwater emanating from a sensitive sole source groundwater basin or subbasin to infiltrate its pit, as that term is defined in paragraph 12 of Section 723 of Title 45 of the Oklahoma Statutes.
B. Due to the inadequacy of existing technical resources, analytic tools and regulatory systems for purposes of the effective implementation of statutes relating to the operation of mines that overlies a sensitive sole source groundwater basin or subbasin, the Legislature hereby declares and establishes a moratorium on the Department of Mines issuing, in relation to any location overlying a sensitive sole source groundwater basin or subbasin or in which groundwater emanating from any sensitive sole source groundwater basin or subbasin may collect within a pit, as defined in paragraph 12 of Section 723 of Title 45 of the Oklahoma Statutes:
1. Any permit, pursuant to Section 724 of Title 45 of the Oklahoma Statutes, to any subject mine;
2. Any amendment or revision to any existing mining permit, that covers additional land which shall include extensions of boundaries shown in the initial permit, pursuant to subsection J of Section 724 of Title 45 of the Oklahoma Statutes, if such amendment or revision would increase the acreage under such permit for that mine location by more than one hundred percent (100%) or four hundred (400) acres, whichever is less, as compared to the acreage under permit for that mine location prior to the effective date of this act; provided, however, on or after November 1, 2030, there shall be no limitation on an increase in acreage as specified in this paragraph.
C. Notwithstanding the moratorium, nothing in paragraph 2 of subsection B of this section shall preclude the Department of Mines from issuing an amendment or revision to cover additional land, other changes to method or conduct of mining, reclamation operations contemplated by the original permit or other authorization to allow a change in mine ownership or to implement bonding under a permit issued prior to the effective date of this act, nor shall any permit amendment or revision issued pursuant to this section be deemed to render the permitted mine a subject mine for purposes of Title 27A, 45 or 82 of the Oklahoma Statutes.
D. Notwithstanding the moratorium or any other provision of law, the Department of Mines shall not require a permit for purposes of road or railroad construction in relation to mining activities by any mine.
E. The moratorium shall remain in effect until such time as:
1. The conditions of subsection C of Section 3 of this act have been satisfied; and
2. The Department of Mines promulgates final rules to provide for effective interagency consultation and coordination of activities among the Department, the Oklahoma Water Resources Board and the Department of Environmental Quality on all administrative matters relating to the operation of mines at locations that overlie a sensitive sole source groundwater basin or subbasin.
F. The Department of Mines is hereby authorized and instructed to promulgate rules to implement the provisions of this section.
G. The Department of Mines is hereby authorized to cooperate with federal, tribal and any other agencies in this state in performing its responsibilities under this section.
Added by Laws 2019, c. 349, § 2, eff. Nov. 1, 2019.