reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-524. Use of oil and grease.

The oiling or greasing of cars inside of the mines is strictly forbidden, unless the place where said oil or grease is used is thoroughly cleansed once every day to prevent the accumulation of waste oil or grease on the roads or in the drains at that point. Not more than one (1) barrel of lubricating oil shall be permitted in the mine at any one time. No explosive oil shall be used or taken into the mines for lighting purposes except when used in approved safety lamps, and oil shall not be stored or taken into the mines in quantities exceeding five (5) gallons. Only pure oils, as free from smoke as pure animal oil shall be sold or used for illuminating purposes in any mine. Any person selling for use in mines, or any person using, explosive or impure oils in any mine contrary to this section, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or imprisonment in the county jail not to exceed thirty (30) days, or both such fine and imprisonment. For special convenience, the operator shall keep on hand a supply of pure oil for illuminating purposes, to comply with the requirements of this section, when requested to do so by a majority of the miners working therein.
R.L.1910, § 3979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-525. Precautions in dangerous workings.

In any place that is being driven towards, or in dangerous proximity to, an abandoned mine or part of mine, suspected of containing inflammable, noxious or poisonous gases, or which may be inundated with water, boreholes shall be kept not less than twelve (12) feet in advance of the face and on the sides of such working places, said side holes of the same depth shall be drilled diagonally, not more than eight (8) feet apart, and at any place driven to tap water or gas, shall not be more than ten (10) feet wide, and no water or gas, from an abandoned mine, or part of a mine, and no boreholes from the surface shall be tapped until the employees, except those engaged at such work, are out of the mines, and such work is to be done under the immediate supervision of the mine foreman.
R.L.1910, § 3980.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-527. Precautions against dust or explosive matter.

In case any entry, or room in any coal mine in this state is so dry that the air becomes clogged with dust, the operator, owner, lessee or agent, or whoever is operating said mine in any capacity, shall have such entry, airway or room, regularly and thoroughly sprinkled, sprayed and dampened with water, so that the air will not be charged with dust, or if that be impracticable, then the dust shall be removed from the mine and shall not be deposited in any place in the mine where it would be again distributed in the atmosphere by the ventilating currents. It shall be the duty of the district inspector to enforce all possible preventative measures necessary to maintain the safety of all persons employed in any mine against the gathering or accumulation of any combustible matter that is explosive in its nature, and shall cause the operator, or whosoever is operating such mine as owner, lessee, agent, or in any capacity, to immediately remove any such accumulated matter.
R.L.1910, § 3982.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-528.1. Water on cutter bars and rock drills - Use required.

In order to promote the safety in coal mines by eliminating the hazards of rock dust in coal mines, it is hereby made the duty of every person or persons, partnership, association, corporation, owner, operator and/or lessee of any coal mine in this state to employ and use water on the cutter bars on all mining machines while cutting rock in said mines, and on all rock drills while drilling in said mines in rock. Rotary roof or rock drills must use water or an approved type dust collector.
Laws 1947, p. 303, § 1; Laws 1965, c. 262, § 8, emerg. eff. June 23, 1965.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-528.2. Violations by mine owners, operators, etc.

Any person or persons, partnership, association, corporation, owner, operator and/or lessee of any coal mine in this state, who shall violate the provisions of Sections 528.1, 528.2, and 528.3 of this title, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), and each separate instance of the violation of this act, either by the cutting machines or rock drills, shall be deemed a separate offense.
Laws 1947, p. 303, § 2; Laws 1965, c. 262, § 9, emerg. eff. June 23, 1965.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-528.3. Violations by miners and persons operating drills or machines.

It is hereby also unlawful for any person, miner, operator of a rock drill or machine runner to operate either a mining machine when cutting or drilling in rock without water on cutter bar or rock drill contrary to the provisions of Sections 528.1-528.3, and any such person so doing shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than Twenty-five Dollars ($25.00), nor more than One Hundred Dollars ($100.00), and each separate operation shall constitute a separate offense.
Laws 1947, p. 303, § 3; Laws 1965, c. 262, § 10, emerg. eff. June 23, 1965.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-529. Workers' compensation coverage - Penalties - Exceptions.

(A) Any person or persons, partnership, association, corporation, owner, operator and/or lessee of any mine in this state must comply with the workers' compensation laws of the State of Oklahoma.
(B) Any violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not exceeding One Thousand Dollars ($1,000.00).
Provided the provisions of this act shall not apply to production of limestone and sand or gravel from open pits.
Laws 1965, c. 262, § 11, emerg. eff. June 23, 1965.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-580. Punishment for offense.

A violation of Section 16 hereof, or of any part thereof, shall be a misdemeanor, and any one convicted of such violation shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not less than thirty (30) days, and not more than twelve (12) months, or by both such fine and imprisonment.
Laws 1913, c. 125, p. 243, § 17.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-603. Cheating by molesting check numbers on cars.

It shall be unlawful for any person to change, exchange, substitute, alter or remove any number or check number placed upon any car or pit car in or about any mine in the State of Oklahoma, with intent to cheat or defraud any other person out of the value of his services in mining or unloading the coal or mineral contained in such car or pit car; and it shall be unlawful for any person, with the intent to cheat or defraud another, to place any number or check number upon any car or pit car unloaded by any other person in or about any mine.
Laws 1913, c. 125, p. 241, § 12.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-604. Punishment for offense.

Every person who shall violate any of the provisions of Section twelve of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not more than One Hundred Dollars ($100.00) or imprisonment not to exceed one (1) month in the county jail or both such fine and imprisonment in the discretion of the court.
Laws 1913, c. 125, p. 241, § 13.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-612. Rules to be posted.

All operators of coal or other mines shall keep posted in a conspicuous place the special and general rules embodied in, and made a part of this chapter, defining the duties of all persons employed in and about said mine, which said rules shall be printed in the English language at the expense of the state, and in such other languages as are used by any ten persons working therein, at the expense of the operator. It shall be the duty of the mine inspector to furnish to the operator printed copies of such rules in the English language as are required by this section, and to certify their correctness over his signature; said rules shall be furnished the Chief Mine Inspector by the state.
R.L.1910, § 4009.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-614. Definition of special terms.

The term "mine committee" as used in this chapter, shall be construed to mean the committee selected by the miners of each mine. The terms "assistant inspector," "district inspector," and "district mine inspector" as used in this chapter, shall be construed to mean "assistant mine inspector." The term "operator" as used in this act means any firm, corporation, association or individual operating any coal or other mine in this state.
R.L.1910, § 4013.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-615. Violations of statute as misdemeanors - Civil liability.

The neglect, failure or refusal to perform any of the duties required by any section of this chapter, by any firm, association, corporation, person or parties required to perform them, shall be a misdemeanor, and where the duty so neglected, failed or refused to be performed is by the terms of this chapter, required of a corporation, then its officer or agent in charge of the mine, shall be guilty, as hereinbefore provided for in this section, and, except as herein otherwise provided, shall upon conviction thereof, be punished by a fine of not exceeding Five Hundred Dollars ($500.00), or imprisonment in the county jail, for a period not exceeding six (6) months, or both such fines and imprisonment; and in addition thereto, such corporation or other mine operator violating any of the provisions of this chapter shall be civilly liable to any person injured thereby to the extent of such injury.
R.L.1910, § 4014.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-616. Construction of sewage or drainage facilities into operating or abandoned mine - Penalty.

If any person shall construct or cause to be constructed for use, after the effective date of this act, any sewer or other method of drainage from any building or dwelling house for the carrying of sewage, offal, refuse or other offensive matter into any portion of any operating or abandoned mine, such person shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to a fine not exceeding One Thousand Dollars ($1,000.00) and shall be imprisoned in the county jail, not exceeding one (1) year, or by both such fine and imprisonment, at the discretion of the court.
Laws 1965, c. 125, § 2, emerg. eff. May 24, 1965.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-722. Declaration of policy.

It is hereby declared to be the policy of this state to provide for the reclamation and conservation of land subjected to surface disturbance by mining and thereby to preserve natural resources, to encourage the productive use of such lands after mining, to aid in the protection of wildlife and aquatic resources, to encourage the planting of trees, grasses and other vegetation, to establish recreational, home and industrial sites, to protect and perpetuate the taxable value of property, to aid in the prevention of erosion, landslides, floods and the pollution of waters and air, to protect the natural beauty and aesthetic values in the affected areas of this state, and to protect and promote the health, safety and general welfare of the people of this state.
Laws 1971, c. 332, § 2, emerg. eff. June 12, 1971.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-730. Lateral support.

In the case of strip mining operations which remove and do not replace lateral support, unless pursuant to written agreement between the operator and the adjacent property owner, the top of the consolidated material of the open cut adjacent to the property line of other property not owned or leased by the operator shall, at the time mining is completed, not be closer to such other property line than a distance of twenty-five (25) feet plus one and one-half (1 1/2) times the depth of such cut as measured from original ground surface to the top of consolidated material.
Laws 1971, c. 332, § 10, emerg. eff. June 12, 1971.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-731. Maps - Release.

The operator shall submit to the Department, no later than September 1 following the end of each permit year, a map in a form approved by the Department showing the location of the pit or pits by section, township, range and county, with such other description as will identify the land which the operator has affected by mining during such permit year and has completed mining operations thereon, with a legend upon such map showing the number of acres of affected land. Such map shall also show in acres the extent of the reclamation accomplished on the affected land, including grading and revegetation efforts, as of the end of the permit year, and shall show by appropriate designation any deviation from the plan of reclamation filed under subsection (c) of Section 724 of this title and the reasons therefor.
Whenever an operator shall have completed all requirements under the provisions of this act as to any affected land, he shall notify the Department thereof. If the Department determines that the operator has completed reclamation requirements and achieved results appropriate to the use for which the area was reclaimed, the Department shall release the operator from further obligations regarding such affected land and the penalty of the bond shall be reduced proportionately.
Laws 1971, c. 332, § 11, emerg. eff. June 12, 1971; Laws 1972, c. 231, § 3, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-732. Powers and duties of Department.

In addition to the duties and powers conferred on the Department in other provisions of this act, the Department shall have authority and power to:
(a) Adopt and promulgate reasonable rules and regulations respecting the administration of this act and in conformity therewith and the Administrative Procedures Act.
(b) Order, after hearing, the revocation of any permit issued hereunder for violation of this act.
(c) Cause to be instituted, in any court of competent jurisdiction, legal proceedings for injunctive or other appropriate relief to enforce this act.
(d) Make investigations and inspections which are necessary or appropriate to insure compliance with this act.
(e) Collect and disseminate information relating to reclamation of affected lands.
(f) Request the assistance of any federal or state agency for technical advice or any other type of assistance deemed necessary to carry out the purposes of this act.
Laws 1971, c. 332, § 12, emerg. eff. June 12, 1971.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-733. Legal assistance.

At the request of the Department the Attorney General shall provide such legal assistance as may be needed in interpreting, enforcing and carrying out the provisions of this act including but not limited to institution of and prosecuting legal actions and proceedings for injunctive relief and this improvement shall include the provisions of Section 17 hereof.
Laws 1971, c. 332, § 13, emerg. eff. June 12, 1971.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-735. Sand and gravel - Inspections - Penalties.

The Department is designated as the agency to make safety inspections in sand, sand and gravel and in quarrying operations. Any person required by this act to have a permit who engages in mining without a valid permit therefor issued pursuant to this act is guilty of a misdemeanor, and on conviction thereof shall be fined not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00). Each day of operation without the permit required by this act shall be deemed a separate violation.
Added by Laws 1971, c. 332, § 15, emerg. eff. June 12, 1971.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-740.2. Legislative findings - Purpose.

A. The Legislature finds that:
1. The Congress of the United States has enacted the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. Sections 1201 et seq., hereinafter cited as the "federal act", which provides for the establishment of a nationwide program to regulate surface coal mining and reclamation and which vests exclusive authority in the Department of the Interior over the regulation of surface coal mining and reclamation within the United States.
2. Section 101 of the federal act, 30 U.S.C. Section 1201, contains the finding by Congress that because of the diversity in terrain, climate, biologic, chemical and other physical conditions in areas subject to mining operations, the primary governmental responsibility for developing, authorizing, issuing and enforcing regulations for surface mining and reclamation operations subject to that act should rest with the states.
B. It is therefore declared to be the purpose of this act:
1. To promote the reclamation of mined areas left without adequate reclamation prior to the enactment of the federal act and that continue, in their unreclaimed condition, to substantially degrade the quality of the environment, to prevent or damage the beneficial use of land or water resources or to endanger the health or safety of the public;
2. To assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances to the land are protected from previously unregulated surface coal mining operations; and
3. To prevent the adverse effects to society and the environment resulting from previously unregulated surface coal mining.
Laws 1981, c. 185, § 2, emerg. eff. May 19, 1981.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-740.3. Powers and duties of Commission.

To accomplish the purposes of this act, the Oklahoma Conservation Commission, hereinafter cited as the "Commission", shall have the authority:
1. To adopt, amend and enforce rules pertaining to reclamation operations consistent with the general intent and purposes of this act;
2. To hire employees, adopt standards for employment of those persons and assist in carrying out the requirements of this act;
3. To conduct, encourage, request and participate in studies, surveys, investigations, research, experiments, training and demonstrations by contract, grant or otherwise;
4. To accept, receive and administer grants, gifts, loans or other funds made available from any source for the purposes of this act; and
5. To perform any other duties and acts necessary to allow the state to participate in the abandoned mines and mined land program provided in Subchapter IV of the federal act.
Laws 1981, c. 185, § 3, emerg. eff. May 19, 1981.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-740.4. Participation in Abandoned Mine Reclamation Fund.

The Commission is authorized to take all action necessary to insure Oklahoma's participation in the Abandoned Mine Reclamation Fund established by the federal act, and to function as the state's agency for participation. Pursuant to the federal act, the Commission shall by rule establish priorities that meet the terms of the federal act for the expenditure of those funds, designate the land and water eligible for reclamation or abatement expenditures and submit reclamation plans, annual projects and applications to the appropriate authorities pursuant to the terms of the federal act. It shall administer all monies received for abandoned mine reclamation or related purposes, which expenditure constitutes a public benefit.
Laws 1981, c. 185, § 5, emerg. eff. May 19, 1981.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-740.6. Liens.

A. Within six (6) months after the completion of projects to restore, reclaim, abate, control or prevent the adverse effects of past mining practices on privately owned land, the Commission shall itemize the monies so expended and may file a statement of the monies spent with the clerk of the county in which the land lies, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control or prevention of adverse effects of past mining practices if the monies so expended result in a significant increase in property value. The statement shall constitute a lien on the land. The lien shall not exceed the amount determined by either of two appraisals to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past mining practices. No lien shall be filed against the property of any person, in accordance with this subsection, who owned the surface prior to May 2, 1977, and who neither consented to nor participated in nor exercised control over the mining operation that necessitated the reclamation performed hereunder.
B. Any affected landowner may petition the Commission within sixty (60) days of the filing of the lien for a hearing concerning the amount of the lien. That hearing and any appeal will be conducted under the provisions of Sections 301 et seq. of Title 75.
Laws 1981, c. 185, § 6, emerg. eff. May 19, 1981.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-740.7. Emergencies.

A. The Commission is authorized to spend monies from the State Abandoned Mine Reclamation Fund for the emergency restoration, reclamation, abatement, control or prevention of adverse effects of coal mining practices on eligible land if it finds that:
1. An emergency exists constituting a danger to the public health, safety or general welfare; and
2. No other person or agency will act expeditiously to restore, reclaim, abate, control or prevent the adverse effects of coal mining practices.
B. The Commission may enter on any land where an emergency exists and any other necessary access land to restore, reclaim, abate, control or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety or general welfare. This entry shall not be construed as an act of condemnation of property nor of trespass. The monies expended for this work and the benefits accruing to the premises entered on shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any damages by virtue of the entry; provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities.
Laws 1981, c. 185, § 7, emerg. eff. May 19, 1981.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-742.1. Short title - Intent of Legislature - Application of act - Public policy - Purpose of act.

This act shall be known and may be cited as the "Coal Reclamation Act of 1979".
It is the intent of the Oklahoma Legislature that the Coal Reclamation Act of 1978, Sections 742 et seq. of Title 45 of the Oklahoma Statutes, and this Coal Reclamation Act of 1979, be read together as the law regulating the reclamation of lands affected by surface coal mining operations and the surface effects of underground coal mining, to bring Oklahoma into compliance with Public Law 95-87, the "Surface Mining Control and Reclamation Act of 1977".
The provisions of the Mining Lands Reclamation Act, Sections 721 through 728 of Title 45 of the Oklahoma Statutes, shall not apply to surface coal mining operations or the surface effects of underground coal mining operations.
The Oklahoma Legislature finds and declares that coal mining operations presently contribute significantly to the nation's energy requirements, that Oklahoma's coal production is part of those energy requirements, and that the cooperative effort established by this act is necessary to prevent or mitigate adverse environmental effects of all surface mining operations.
It is the purpose of this act to protect the rights of surface owners and the environment, and to require reclamation of lands affected by surface and underground coal mining in a manner compatible with the social, environmental and aesthetic needs of this state. If reclamation is not feasible, surface mining operations should not be conducted. It is the intent of the Legislature to insure the existence of an expanding and economically healthy coal mining industry and that there be public participation in the development of rules and regulations appropriate to the State of Oklahoma and that the Department of Mines exercise the full reach of its powers to insure the protection of the public interest through the effective control of surface mining operations.
Laws 1979, c. 249, § 2, emerg. eff. June 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-744. Application of act.

All surface coal mining operations which commence operations pursuant to a permit issued on or after February 3, 1978, shall comply, and such permits shall contain terms requiring compliance with the provisions set out in this act.
On and after May 3, 1978, all surface coal mining operations shall comply with this act, except as provided below.
Laws 1978, c. 10, § 4, emerg. eff. Feb. 2, 1978.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745. Exemptions.

Surface coal mining operations in operation pursuant to a permit issued by this state before August 3, 1977, issued to a person in existence prior to May 2, 1977, and operated by a person whose total annual production of coal from surface and underground coal mining operations does not exceed one hundred thousand (100,000) tons shall not be subject to the provisions of this section except with reference to the provisions relating to steep slope mining in Section 15 of this act until January 1, 1979.
Laws 1978, c. 10, § 5, emerg. eff. Feb. 2, 1978.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.1. Permits for separate mining operations - Application - Forms - Plan of reclamation - Fees - Exemptions.

A. It shall be unlawful for any operator to engage in any mining operations in this state without first obtaining from the Department a permit to do so for each separate mining operation. The Department shall determine what constitutes a separate mining operation by rules and regulations promulgated under the Coal Reclamation Act.
B. Any operator desiring to engage in surface mining eight (8) months after the approval of Oklahoma's regulatory program by the United States Secretary of the Interior shall make written application to the Department for a permit within two (2) months after the approval of the state program. Before the approval of the Oklahoma program by the Secretary of the Interior, the requirements of the Coal Reclamation Act of 1978 shall continue to apply to all permits for coal mining covered by the Coal Reclamation Act. Application for such permit shall be made upon a form furnished by the Department, which form shall require all pertinent information including, but not limited to, all information required by federal law and regulations.
C. Any operator desiring to engage in underground mining shall make written application to the Department for a permit within two (2) months after approval of the state program. Application for such permit shall be made upon a form furnished by the Department, which form shall require all pertinent information including, but not limited to, all information required by federal law and regulations for underground coal mining, taking into account the distinct differences between surface coal mining and underground coal mining.
D. Each application for a permit under subsections B and C of this section shall be accompanied by a plan for the reclamation of the affected land that meets the requirements of the Coal Reclamation Act.
E. Each application for a permit or permit renewal under subsections B and C of this section shall be accompanied by a fee of Five Hundred Dollars ($500.00) for each permit year, payable at the rate of Five Hundred Dollars ($500.00) per year on the anniversary date of the year in which the permit or permit renewal was issued. Such fee shall be deposited in the Department of Mines Revolving Fund and used to offset the cost of reviewing, administering and enforcing such permit issued pursuant to a state or federal program. Once mining operations have permanently terminated, no further permit fee shall be required of the operator.
F. The provisions of the Coal Reclamation Act shall not apply to the extraction of coal by a landowner for his own noncommercial use from land owned or leased by him, or the extraction of coal as an incidental part of federal, state or local government-financed highway or other construction under regulations established by the Department.
Amended by Laws 1982, c. 181, § 6, emerg. eff. April 20, 1982; Laws 1989, c. 282, § 3, eff. Nov. 1, 1989,
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.2. Term of permit - Fee - Transferability.

All permits issued pursuant to the requirements of this act shall be issued for a term not to exceed five (5) years. A successor in interest to a permittee who applies for a new permit within thirty (30) days of succeeding to such interest and who is able to obtain the bond coverage of the original permittee may, upon payment of a fee of Five Hundred Dollars ($500.00) to the Department, continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until such successor's application is granted or denied.
Amended by Laws 1983, c. 39, § 1, emerg. eff. April 20, 1983; Laws 1985, c. 339, § 2, emerg. eff. July 30, 1985.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.3. Termination of permit - Extension.

A permit shall terminate if the permittee has not commenced the surface coal mining operations covered by such permit within three (3) years of the issuance of the permit. The Department may grant reasonable extensions of time upon a showing and a finding by the Department that such extensions are necessary by reason of litigation precluding such commencement or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee; provided, further that with respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at such time as the construction of the synthetic fuel or generating facility is initiated.
Laws 1979, c. 249, § 6, emerg. eff. June 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.4. Renewal of permit - Application - Burden of proof - Term.

Any valid permit issued pursuant to this act shall carry with it the right of successive renewal with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal and such renewal shall be issued, provided that on application for renewal the burden shall be on the opponents of renewal, subsequent to fulfillment of the public notice requirements of Sections 15 and 17 of this act unless it is established that and written findings by the Department are made declaring:
1. The terms and conditions of the existing permit are not being satisfactorily met;
2. The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this act and the state program;
3. The renewal requested substantially jeopardizes the operator's continuing responsibility on existing permit areas;
4. The operator has not provided evidence that the performance bond in effect for said operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the Department might require; or
5. Any additional revised or updated information required by the Department has not been provided. Prior to the approval of any renewal of permit the Department shall provide notice to the appropriate public authorities.
If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this act.
Any permit renewal shall be for a term not to exceed the period of the original permit established by this act. Application for permit renewal shall be made at least one hundred twenty (120) days prior to the expiration of the valid permit.
Laws 1979, c. 249, § 7, emerg. eff. June 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.7. Grant, modification or denial of application for permit - Notice to applicant - Burden of proof - Notice to political subdivisions.

Upon the basis of a complete mining application and reclamation plan, including public notification and an opportunity for a public hearing, the Department shall grant, require modification of or deny the application for a permit in a reasonable time and notify the applicant in writing. The applicant for a permit, or revision of a permit, shall have the burden of establishing that his application is in compliance with all the requirements of the law. Within ten (10) days after the granting of a permit, the Department shall notify the local governmental officials in the political subdivision in which the area of land to be affected is located that a permit has been issued and shall describe the location of the land.
Laws 1979, c. 249, § 10, emerg. eff. June 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.8. Criteria for approval of permit or revision application.

No permit or revision application shall be approved unless the application affirmatively demonstrates and the Department finds in writing, on the basis of the information set forth in the application or from information otherwise available, which will be documented in the approval and made available to the applicant, that:
1. The permit application is accurate and complete and that all the requirements of this act have been complied with;
2. The applicant has demonstrated that reclamation as required by this act can be accomplished under the reclamation plan contained in the permit application;
3. The assessment of the probable cumulative impact of all anticipated mining in the area on the hydrologic balance has been made by the Department and the proposed operation has been designed to prevent material damage to hydrologic balance outside the permit area;
4. The area proposed to be mined is not included within an area designated unsuitable for surface coal mining, or is not within an area under study for such designation unless the operator demonstrates he has made substantial legal and financial commitments to the operation prior to January 1, 1977; and
5. In cases when the private coal or other mineral estate has been severed from the private surface estate, the applicant has submitted to the Department:
a. the written consent of the surface owner to the extraction of coal by surface mining methods, or
b. a conveyance that expressly grants or reserves the right to extract the coal by surface mining methods.
If the conveyance does not expressly grant the right to extract coal by surface mining methods, the surface-subsurface legal relationship shall be determined in accordance with state law. Nothing in this act shall be construed to authorize the Department to adjudicate property rights disputes.
Laws 1979, c. 249, § 11, emerg. eff. June 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.9. Schedule of notices of violations of air or water environmental protection laws to be submitted - Effect of prior violations on application.

The applicant shall file with his permit application a schedule listing all notices of violations of this act and any law, rule or regulation of the United States, or of any department or agency in the United States, pertaining to air or water environmental protection incurred by the applicant in connection with any surface coal mining operation during the three-year period prior to the date of application. The schedule shall also indicate the final resolution of any such notice of violation. When the schedule or other information available to the Department indicates that any surface coal mining operation owned or controlled by the applicant is currently in violation of this act or such other laws referred to in this section, the permit shall not be issued until the applicant submits proof that such violation has been corrected or is in the process of being corrected to the satisfaction of the regulatory authority which has jurisdiction over such violation. No permit shall be issued to an applicant after a finding by the Department, after opportunity for hearing, that the applicant or the operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violations of this act or the laws of another state or the United States regulating surface coal mining operations of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of this act.
Laws 1979, c. 249, § 12, emerg. eff. June 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.10. Revision of permit.

A. 1. During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the Department. The Department shall promulgate by rule a definition of a major revision and a minor revision. The fees for an application for a revision shall be:
Major revision ................... $250.00
Minor revision ................... $100.00
Said fee shall be owing and due upon the Department's completion of action upon the application and said fee shall be paid in full prior to the issuance of any revised permit and the Department shall issue said revised permit no later than five (5) days after payment. The fees collected under this section shall be deposited in the Department of Mines Revolving Fund.
2. An application for a revision of a permit shall not be approved unless the Department finds that reclamation as required by this act can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a reasonable period of time. The Department shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply. Any revisions which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
3. Any extensions to the area covered by the permit except incidental boundary revisions shall be made by application for another permit.
B. The Department shall, within a time limit prescribed in regulations, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit. Such revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by the Department.
Amended by Laws 1985, c. 339, § 4, emerg. eff. July 30, 1985; Laws 1986, c. 308, § 7, operative July 1, 1986.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.11. Exploration regulations - Contents - Confidential or privileged information - Tonnage limitations - Violations.

A. Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with exploration regulations issued by the Department. Such regulations shall include, at a minimum:
1. The requirement that prior to conducting any exploration under this section, any person shall file with the Department notice of intention to explore, and such notice shall include a description of the exploration area and the period of supposed exploration; and
2. Provisions for reclamation, in accordance with the surface coal mining operations performance standards of this act, of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment.
B. Information submitted to the Department pursuant to this subsection which is designated in writing as confidential, concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area, shall not be available for public examination.
C. No operator shall remove more than two hundred fifty (250) tons of coal pursuant to an exploration permit without the specific written approval of the Department.
D. Any person violating this section shall be subject to the penalty provisions of this act.
Laws 1979, c. 249, § 14, emerg. eff. June 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.12. Advertisement of ownership, location and boundaries of affected land - Notice to political subdivisions, etc. - Comments on proposed operation.

At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit, the applicant shall submit to the Department a copy of his advertisement of the ownership, precise location and boundaries of the land to be affected. At the time of submission such advertisement shall be placed by the applicant in a local newspaper of general circulation in the locality of the proposed surface mine at least once a week for four (4) consecutive weeks. The Department shall notify various local governmental bodies, planning agencies, sewage and water treatment authorities and water companies in the locality in which the proposed surface mining will take place notifying them of the operator's intention to surface mine a particularly described tract of land and indicating the application's permit number and where a copy of the proposed mining and reclamation plan may be inspected. These local bodies, agencies, authorities or companies may submit written comments within a reasonable period established by the Department on the mining applications with respect to the effect of the proposed operation on the environment which are within their areas of responsibility. Such comments shall immediately be transmitted to the applicant by the Department and shall be made available to the public at the same locations as are the mining applications.
Laws 1979, c. 249, § 15, emerg. eff. June 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.13. Objections to application for permit - Informal conference - Hearings.

A. Any person having an interest which is or may be adversely affected, or the chief administrative officer of any federal, state or local governmental agency or authority, shall have the right to file written objections to the application for a permit with the Department within thirty (30) days after the last publication of the notice. Such objections shall immediately be transmitted to the applicant by the Department and shall be made available to the public. If written objections are filed and an informal conference requested, the Department shall then hold an informal conference in the locality of the proposed mining. The date, time and location of such informal conference shall be advertised by the Department in a newspaper of general circulation in the locality at least two (2) weeks prior to the scheduled conference date. The Department may arrange with the applicant, upon request by any party to the application process, access to the proposed mining area for the purpose of gathering information relevant to the proceeding. An electronic or stenographic record shall be made of the conference proceeding, unless waived by all parties. Such record shall be maintained and shall be accessible to the parties until final release of the applicant's performance bond. In the event all parties requesting the informal conference stipulate agreement prior to the requested informal conference and withdraw their requests, such informal conference need not be held.
B. Where the lands included in an application for a permit are the subject of a federal coal lease in connection with which hearings were held and determinations were made under the Mineral Lands Leasing Act, as amended, 30 U.S.C. 201a, such hearings shall be deemed as to the matters covered to satisfy the requirements of this section and Section 17 of this act and such determinations shall be deemed to be a part of the record and conclusive for purposes of this section and Section 17 of this act.
Laws 1979, c. 249, § 16, emerg. eff. June 1, 1979.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-745.14. Findings - Notice to applicant - Hearing on findings.

A. If an informal conference has been held, the Department shall issue and furnish the applicant and persons who are parties to the administrative proceedings with the written finding of the Department, granting or denying the permit in whole or in part and stating the reasons therefor, within the sixty (60) days of the hearings in the informal conference.
B. If no informal conference has been held, the Department shall notify the applicant for a permit within a reasonable time, whether the application has been approved or disapproved in whole or in part.
C. If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons shall be set forth in the notification. Within thirty (30) days after the applicant is notified of the final decision of the Department on the permit application, the applicant or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the final determination. The Department shall hold a hearing within thirty (30) days of such request and provide notification to all interested parties at the time that the applicant is so notified. Such hearing shall be of record, adjudicatory in nature and no person who presided at an informal conference shall either preside at the hearing or participate in this decision or in any administrative appeal. Within thirty (30) days after the hearing the Department shall issue and furnish the applicant, and all persons who participated in the hearing, with the written decision of the Department granting or denying the permit in whole or in part and stating the reasons.
Laws 1979, c. 249, § 17, emerg. eff. June 1, 1979.