reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-17 - Alcohol or hallucination drugs

Current through Vol. 41, No. 20, July 1, 2024
It shall be unlawful for anyone working in or around any mine
				  to use or be under the influence of alcohol or any chemical compound that is
				  considered hallucinogenic.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-18 - Identification process

Current through Vol. 41, No. 20, July 1, 2024
Every operator shall have a check-in and check-out system
				  that will positively identify each and every person when
				  underground.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-19 - Safety devices

Current through Vol. 41, No. 20, July 1, 2024
(a) Only approved miners cap lamps, flame safety lamps and methane detectors shall be used. The operator shall provide an adequate number of cap lamps and methane detectors for miners and certified personnel.
(b) It shall be unlawful for any person to carry an open light, match, flame making devices, or any smoking material into any coal mine.
(c) Each person that works in or around a mine shall wear the following protective clothing and devices:
(1) Suitable protective clothing and face shield or goggles when welding, cutting or working with molten metals or when any hazard to the eyes exist from flying objects.
(2) Suitable clothing when handling toxic or corrosive materials.
(3) A suitable hard hat and protective footwear.
(4) Snug fitting clothing shall be worn when around moving equipment or machinery.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-20 - Inspection

Current through Vol. 41, No. 20, July 1, 2024
(a) The mine
				inspector may enter any mine at any time to inspect a portion or the entire
				mine for the purpose of making it safe and to comply with the mining laws of
				the state.
(b) Underground mines
				shall be examined at least monthly and more often if the inspector deems it
				necessary.
(c) The mine inspector
				may require additional information, or enforce more stringent requirements if
				it is deemed necessary to protect the health and safety of the
				employees.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-21 - Enforcement

Current through Vol. 41, No. 20, July 1, 2024
(a) The mine
				inspector shall notify the mine operator, superintendent or foreman of any
				violation, orally or in writing and fix an abatement time for corrections
				thereof.
(b) Provided, further,
				that if during an inspection, the mine inspector finds a dangerous condition
				existing that could cause loss of life or serious personal injury, he shall
				have all the employees, except those needed to correct the condition, removed
				from the mine or portion of the mine.
(c) Every person who willfully obstructs the
				mine inspector in the execution of his duties, shall be guilty of a misdemeanor
				and upon conviction shall be punished as provided by law.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-22 - Sinking of shafts or slopes

Current through Vol. 41, No. 20, July 1, 2024
(a)
				No entry, slope, crosscut or panel shall be driven more than twenty (20) feet
				wide when roof bolts are the primary roof supports unless a greater distance is
				approved by the Advisory Council.
(1) The
				Advisory Council shall approve all mining plans and shall advise the Mining
				Commission of their decision.
(2)
				Diesel powered equipment shall be maintained according to manufacturers
				recommendations but shall be serviced at a minimum of each shift or eight
				hours, whichever is shorter.
(3) No
				diesel powered equipment shall be taken into any mine, slope or shaft that does
				not have a working and properly serviced scrubber and has been Bureau of Mines
				approved for use in gassy mines.
(4) Any time the scrubber does not remove the
				fumes or odors from the fuel, the diesel powered equipment must be removed from
				service.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-23 - Travelways requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Exits.
There shall be a minimum of two exits to the surface from
				every mine. Each escapeway shall be properly marked and kept free of
				debris.
(b)
Belts.
Belts may be used for man-trips provided that there is a minimum of eighteen
				(18) inches above the edge of the belt to the roof or roof supports and
				twenty-four (24) inches to the nearest obstruction along the side of the belt.
				Each belt must be equipped with a safety pull cord that will stop the belt. The
				loading and unloading points must be properly marked and illuminated and enough
				room to allow the employees adequate overhead and side clearance. Employees
				riding any belt shall maintain a minimum separation of five (5) feet. The
				loading and unloading shall be supervised by a qualified person designated by
				the superintendent. Belt man-trips shall not exceed three hundred fifty (350
				feet per minute if the overhead clearance is greater than twenty four (24)
				inches.
(c)
Shafts.
Shafts used for ingress and egress of mine personnel must be maintained in a
				safe and available condition.
(1) Shafts less
				than seventy five (75) feet in vertical depth shall be equipped with safe and
				convenient stairs of which the angle of inclination shall not exceed forty-five
				(45) degrees. Landings shall not exceed twenty (20) feet in vertical rise and
				shall be constructed so that employees may pass comfortably from ladder to
				ladder and fully protected on all four sides to prevent employees from falling
				from ladders or landings.
(2)
				Shafts with a vertical depth greater than seventy-five (75) feet must be
				equipped with a mechanical hoist and cage for the purpose of lowering and
				raising employees. All hoists shall be equipped with brakes sufficient to stop
				and hold the fully loaded cage. The hoists must have sufficient power to raise
				an unbalanced loaded cage.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-24 - Openings to surface

Current through Vol. 41, No. 20, July 1, 2024
(a)
Explosives.
It shall be unlawful for the Operator, Superintendent,
				Mine Foreman or any other person to allow any person to work in any mine in
				this state unless there are at least two openings to the surface connected with
				at least two travelable passageways, to be designated as escapeway, from each
				working section to the surface connected with at least two travel able
				passageways, to be designated as escapeway, from each working section to the
				surface whether the mine openings are shafts, slopes, or drifts. They shall be
				kept in safe condition for travel and reasonably free of standing water and
				other obstructions. One of the designated escapeway may be the haulage road.
				Provided, that the second escapeway shall not be longer that approximately the
				length of the distance traveled by the coal or rock from the working face to
				the surface. Provided further than in the opening or development of new shaft,
				slope, or drift, the necessary time to complete a connection between the
				aforesaid two openings, the number of men that shall be permitted to work while
				such connection is being made, and rules and regulations pertaining to the
				method of ventilation and safety measures shall be mutually agreed upon before
				the Mine Operator and Assistant Mine Inspector, subject to confirmation by the
				Department of Mines.
(b) In all
				shaft mines, the openings to the surface provided for in (a) of this section
				shall be separated from each other at all points by a distance not less than
				one. hundred fifty (150) feet, and at all mines worked by slope or drift
				openings, the distance separating the openings shall be adequate to prevent
				recirculation, but not less than forty (40) feet.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-25 - Ventilation

Current through Vol. 41, No. 20, July 1, 2024
(a) Main fans shall
				be:
(1) Installed on the surface;
(2) Installed in fireproof housings and
				connected to the mine opening with fireproof air ducts; and
(3) Equipped with a pressure-recording gauge
				and an automatic signal device designed to give alarm should the fan slow or
				stop. The signal from this device should be placed so that it will be seen or
				heard by a responsible person who is always on duty and can hear or will
				observe such alarm when men are underground and who shall take appropriate
				action immediately .
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-26 - Permanent roof support

Current through Vol. 41, No. 20, July 1, 2024
(a) Roof
				bolts, timbers, cribs, steel arches, trusses, linings and concrete abutments
				may be used for permanent roof support.
(1)
				Roof bolts shall be installed according to an approved plan and may be either:
(A) Expansion type anchor;
(B) Resin bolts; or
(C) Other methods approved by the Department
				of Mines.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-27 - Electricity requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				certified mine electrician shall be employed at every mine where electrical
				equipment is used.
(1) A mine electrician is a
				person that has been certified by MSHA as being qualified to perform work on
				low and medium voltage circuits.
(2) Persons qualified to perform work on
				energized high-voltage lines and apparatuses shall meet the requirements of 30
				C.F.R. Part 75. Section 75.705.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-28 - Electrical boxes, equipment and machinery

Current through Vol. 41, No. 20, July 1, 2024
(a) All junction or distribution boxes,
				handheld or moveable equipment and all face machinery used inby the last open
				crosscut shall be permissible and shall have affixed to it the permissible
				plate issued by the Bureau of Mines. The operator shall maintain the equipment
				in a permissible condition.
(1) The operator
				shall have on record at the mine site a weekly inspection record of low and
				medium voltage equipment. All high voltage equipment and switch gear shall be
				inspected and recorded in an approved record book monthly.
(2) All power circuits and electrical
				equipment shall be de-energized before working on circuits or equipment except
				when necessary for trouble shooting or testing.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-29 - Fire protection requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Required firefighting
				equipment.
Each coal mine shall be provided with suitable fire fighting
				equipment and shall consist of the following:
(1) Waterlines with a nozzle pressure of
				fifty (50) psi and enough hose to reach any working face of a
				section.
(2) Portable fire
				extinguisher containing not less than ten (10) pounds of multipurpose dry
				chemicals strategically placed and marked. A five (5) pound fire extinguisher
				shall be provided on each mobile unit.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-30 - Noxious or toxic chemicals

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Noxious or toxic chemicals shall not be stored underground.
(b) An approved respirator and protective
				clothing shall be used when handling any of the following chemicals:
(1) Carbon Tetrachloride
(2) Phenol
(3) 4-Nitrobiphenyl
(4) Alpha-naphthylamine
(5) 4, 4-Methylene Bis (2
				chloroaniline)
(6)
				Methyl-chloromethyl ether
(7) 3,
				3-Dichlorobenzidine
(8) Bis
				(chloromethyl) ether
(9)
				Beta-napthylamine
(10)
				Benzidine
(11)
				4-Aminodiphenyl
(12)
				Ethyleneimine
(13)
				Beta-propiolactone
(14)
				2-Acetylaminoflourene
(15)
				4-Dimethylaminobenzene, and
(16)
				N-Nitrosodimethylamine
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-31 - Permissible explosives

Current through Vol. 41, No. 20, July 1, 2024
(a) Black
				powder or dynamite is prohibited from being used or stored at any underground
				coal mine.
(1) Magazines shall be fire and
				bullet proof, lined with a non-parking material, secured with two (2) locks
				that can only be opened with a key and kept free of any inflammable material
				for a minimum distance of twenty-five (25) feet.
(2) Magazines shall not be closer than two
				hundred (200) feet from any mine opening.
(3) Signs shall be placed at each magazine
				prohibiting smoking and open lights and designating the area as explosives.
				Signs shall be so placed that a bullet fired at any of the signs will not hit
				the magazines.
(4) Explosives and
				detonators shall be stored in separate magazines.
(5) Explosives and detonators transported
				into the mine shall be in substantially constructed container and lined with a
				nonconductive material. Explosives and detonators shall be in separate
				containers or separated by a minimum of four (4) inches of hardwood or the
				equivalent.
(6) Underground storage
				boxes shall be of substantial construction-lined with a nonconductive material
				and places in a crosscut or idle room neck at least twenty-five (25) feet from
				roadways, power wires, and in a well rock-dusted area.
(7) Not more than a forty-eight (48) hour
				supply of explosives shall be stored underground.
(8) Only enough explosives and detonators
				will be taken to the face to shoot one area.
(9) Only permissible explosives shall be used
				in an underground coal mine.
(10)
				No more than one and one-half (1 1/2) pounds of permissible explosives can be
				charged in a continuous train.
(11)
				No portion of the shot hole shall be drilled on the solid, and all portions of
				shot holes shall have a burden in all directions of at least eighteen (18)
				inches.
(12) Stemming shall be of
				incombustible material and tamped with a nonconductive tamping bar.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:20-1-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Chapter, consisting of Subchapters 1 through 5 and 7
				  through 65, adopted from Chapter II of 30 CFR [ Public Law 95-87, 91 Stat. 445
				  (
				  30 U.S.C. Section
				  1201 et seq.)], establish the procedure
				  through which the Director of the Department of Mines of the State of Oklahoma
				  will implement the Coal Reclamation Act of 1979, SB 299 of 1979 (45 O.S. Supp.
				  1980, Section 742.1 et seq.).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:20-1-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
The objective of this Chapter is to fulfill the purposes of
				  45 O.S. Supp. 1980, Section 742.1 et seq. in a manner which is consistent with
				  the language of the Act, its legislative history, other applicable laws, and
				  judicial interpretations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:20-1-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Director is authorized to administer the requirements of
				  the Act, except authority which may be retained by other state agencies to
				  enforce State Laws or regulations which are not inconsistent with the Act and
				  this Chapter, including the authority to enforce more stringent land use and
				  environmental controls and regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:20-1-4 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
The Department is responsible for the regulation of surface
				  coal mining and reclamation operations under an approved State
				  program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:20-1-6 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as
				provided in Subsection (b) of this Section, this Chapter applies to all coal
				exploration and surface coal mining and reclamation operations, except:
(1) The extraction of coal by a landowner for
				his or her own noncommercial use from land owned or leased by him or her.
				Noncommercial use does not include the extraction of coal by one unit of an
				integrated company or other business or nonprofit entity which uses the coal in
				its own manufacturing or power plants;
(2) The extraction of 250 tons of coal or
				less by a person conducting a surface coal mining and reclamation operation. A
				person who intends to remove more than 250 tons is not exempted;
(3) The extraction of coal as an incidental
				part of Federal, State, or local government-financed highway or other
				construction in accordance with Subchapter 6 of this Chapter;
(4) The extraction of coal incidental to the
				extraction of other minerals where coal does not exceed 16 2/3 percent of the
				mineral tonnage removed for commercial use or sale;
(5) Coal exploration on Federal lands outside
				a permit area.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:20-1-7 - Petition to initiate rulemaking

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may petition the Director to
				initiate a proceeding for the issuance, amendment, or repeal of any regulation
				under the Act. The petition shall be submitted to the Office of the Director,
				Oklahoma Department of Mines, 2915 N. Classen Blvd., Suite 213, Oklahoma City,
				Oklahoma, 73106.
(b) The petition
				shall be a concise statement of the facts, technical justification, and law
				which requires issuance, amendment, or repeal of a regulation under the Act and
				shall indicate whether the petitioner desires a public hearing.
(c) Upon receipt of the petition, the
				Director shall determine if the petition sets forth the facts, technical
				justification or law previously considered in a petition or rulemaking of the
				same issue shall not be provide a reasonable basis. If the Director determines
				that the petition has a reasonable basis, a notice shall be published in the
				office State register of public notices seeking comments from the public on the
				proposed change. The Director may hold a public hearing, may conduct an
				investigation, or take other action to determine whether the petition should be
				granted.
(d) Within 90 days from
				receipt of the petition, the Director shall issue a written decision either
				granting or denying the petition. The Director's decision shall constitute the
				final decision for the Department.
(1) If the
				petition is granted, the Director shall initiate a rulemaking
				proceeding.
(2) If the petition is
				denied, the Director shall notify the petitioner in writing, setting forth the
				reasons for denial.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:20-1-8 - Notice of citizen suits

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				person who intends to initiate a civil action on his or her own behalf under 45
				O.S. Supp. 1980 Section 774 shall give notice of intent to do so in accordance
				with this Section.
(b) Notice shall
				be given by certified mail to the State Attorney General and to the
				Director.
(c) Notice shall be given
				by certified mail to the alleged violator if the complaint alleges a violation
				of the Act or any regulation, order, or permit issued under the Act.
(d) Service of notice under this Section is
				complete upon mailing to the last known address of the person being
				notified.
(e) A person giving
				notice regarding an alleged violation shall state, to the extent known-
(1) Sufficient information to identify the
				provision of the Act, regulation, order, or permit allegedly
				violated;
(2) The act or omission
				alleged to constitute a violation
(3) The name, address, and telephone numbers
				of the person or persons responsible for the alleged violation;
(4) The date, time, and location of the
				alleged violation;
(5) The name,
				address, and telephone number of the person giving notice; and
(6) The name, address, and telephone number
				of legal counsel if any, of the person giving notice.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:20-1-9 - Availability of records

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Records required by the Act to be made available locally to the public shall be
				retained at the offices of the Department of Mines, 2915 N. Classen Blvd.,
				Suite 213, Oklahoma City, Oklahoma 73106.
(b) Other records or documents in the
				possession of the Office of Surface Mining may be requested under 43 CFR Part
				2, which implements the Freedom of Information Act and the Privacy
				Act.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:20-1-10 - Computation of time

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Except as otherwise provided, computation of time under this Chapter is based
				on calender days.
(b) In computing
				any period of prescribed time, the day in which the designated period of time
				begins is not included. The last day of the period is included unless it is a
				Saturday, Sunday, or legal holiday on which the Department is not open for
				business, in which event the period runs until the end of the next day which is
				not a Saturday, Sunday, or legal holiday.
(c) Intermediate Saturdays, Sundays, and
				legal holidays are excluded from the computation when the period if prescribed
				time is 7 days or less.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 3 - Permanent Regulatory Program › Section 460:20-3-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter 3 provides general introductory material for
				  the permanent regulatory program required by the Act.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 3 - Permanent Regulatory Program › Section 460:20-3-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
The regulations in this Subchapter give
(1) A general overview of the regulatory
				program to be implemented by the Oklahoma Department of Mines;
(2) The applicability of that program to coal
				exploration and surface coal mining and reclamation operations; and
(3) The definitions that apply to the
				regulation of coal exploration and surface coal mining and reclamation
				operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 3 - Permanent Regulatory Program › Section 460:20-3-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Director is required by the Act to promulgate regulations
				  which establish the permanent regulatory program created by the
				  Act.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 3 - Permanent Regulatory Program › Section 460:20-3-4 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Mines shall assume primary
				  responsibility for regulation of coal exploration and surface coal mining and
				  reclamation operations during the permanent regulatory program upon submission
				  to and approval by the Secretary of a State program meeting all applicable
				  requirements of the Act and this Chapter. After approval of the State program,
				  the State regulatory authority has responsibility for review of and decisions
				  on permits and bonding for surface coal mining and reclamation operations,
				  approval of coal exploration which substantially disturbs the natural land
				  surface and removes more than 250 tons of coal from the earth in any one
				  location, inspection of coal exploration and surface coal mining and
				  reclamation operations for compliance with the Act, this Chapter, the State
				  program, permits and exploration approvals, and for enforcement of the State
				  program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 460:20-4-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter implements the exemption concerning the
				  extraction of coal incidental to the extraction of other minerals where coal
				  does not exceed 16 2/3 percent of the total tonnage of coal and other minerals
				  removed for purposes of commercial use or sale.
Added at 11 Ok Reg 4225,
				  eff 7-25-94
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 460:20-4-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Cumulative measurement period"
means the period
				  of time over which both cumulative production and cumulative revenue are
				  measured.
(A) For purposes of determining the beginning of the
				  cumulative measurement period, subject to Department approval, the operator
				  must select and consistently use one of the following:
(i) For mining areas where coal or other minerals were
				  extracted prior to August 3, 1977, the date extraction of coal or other
				  minerals commenced at the mining area, or August 3, 1977, or
(ii) For mining areas where extraction of coal, or other
				  minerals commenced on, or after August 3, 1977, the date of extraction of coal,
				  or other minerals commenced at that mining area, whichever is earlier.
(B) For annual reporting purposes pursuant to Section
				  460:20-4-11
				  of this subchapter, the end of the period for which cumulative production and
				  revenue is calculated is either
(i) For mining areas where coal or other minerals were
				  extracted prior to April 1, 1994, March 31, 1995, and every March 31
				  thereafter; or
(ii) For mining areas where extraction of coal or other
				  minerals commenced on or after April 1, 1994, the last day of the calendar
				  quarter during which coal extraction commenced, and each anniversary of that
				  day thereafter.
"Cumulative production"
means the total tonnage
				  of coal or other minerals extracted from a mining area during the cumulative
				  measurement period. The inclusion of stockpiled coal and other mineral tonnages
				  in this total is governed by Section
				  460:20-4-9.
"Cumulative revenue"
means the total revenue
				  derived from the sale of coal or other minerals and the fair market value of
				  coal or other minerals transferred or used, but not sold, during the cumulative
				  measurement period.
"Mining area"
means an individual excavation
				  site or pit from which coal, other minerals and overburden are removed.
"Other minerals"
means any commercially valuable
				  substance mined for its mineral value, excluding coal, topsoil, waste and fill
				  material.
Added at 11 Ok Reg 4225,
				  eff 7-25-94
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 460:20-4-3 - Information collection

Current through Vol. 41, No. 20, July 1, 2024
The collections of information contained in Sections
				  460:20-4-4
				  through
				  460:20-4-6,
				  460:20-4-8
				  and
				  460:20-4-11
				  of this subchapter will be used to determine the initial and continuing
				  applicability of the incidental mining exemption to a particular mining
				  operation. Response is required to obtain and maintain the incidental mining
				  exemption.
Added at 11 Ok Reg 4225,
				  eff 7-25-94
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 460:20-4-4 - Application requirements and procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application filing.
(1) Any person who plans to commence or
				continue coal extraction after April 1, 1994, in reliance on the incidental
				mining exemption shall file a complete application for exemption with the
				Department for each mining area.
(2) Following incorporation of an exemption
				application approval process into a Department a person may not commence coal
				extraction based upon the exemption until the Department approves such
				application, except as provided in paragraph (e) (3) of this section.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 460:20-4-6 - Public availability of information

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as provided in Subsection (b) of
				this section, all information submitted to the Department under this Subchapter
				shall be made immediately available for public inspection and copying at the
				central office of the Department until at least three years after expiration of
				the period during which the subject mining area is active.
(b) The Department may keep information
				submitted under this Subchapter confidential if the person submitting it
				requests in writing, at the time of submission, that it be kept confidential
				and the information concerns trade secrets or is privileged commercial or
				financial information of the persons intending to conduct operations under this
				Subchapter.
(c) Information
				requested to be held as confidential under Subsection (b) of this section shall
				not be made publicly available until after notice and opportunity to be heard
				is afforded persons both seeking and opposing disclosure of the
				information.
Added at 11 Ok Reg 4225,
				  eff 7-25-94
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 460:20-4-7 - Requirements for exemption

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Activities are exempt from the requirements of these Regulations if all of the
				following are satisfied:
(1) The cumulative
				production of coal extracted from the mining area determined annually as
				described in this paragraph does not exceed 16 2/3 percent of the total
				cumulative production of coal and other minerals removed during such period for
				purposes of bona fide sale or reasonable commercial use.
(2) Coal is produced from a geological
				stratum lying above or immediately below the deepest stratum from which other
				minerals are extracted for purposes of bona fide sale or reasonable commercial
				use.
(3) The cumulative revenue
				derived from the coal extracted from the mining area determined annually shall
				not exceed 50 percent of the total cumulative revenue derived from the coal and
				other minerals removed for purposes of bona fide sale or reasonable commercial
				use. If the coal extracted or the minerals removed are used by the operator or
				transferred to a related entity for use instead of being sold in a bona fide
				sale, then the fair market value of the coal or other mineral shall be
				calculated at the time of use or transfer and shall be considered rather than
				revenue.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 460:20-4-8 - Conditions for exemption and right of inspection and entry

Current through Vol. 41, No. 20, July 1, 2024
A person conducting activities covered by this subchapter
				  shall:
(1) Maintain on-site or at
				other locations available to authorized representatives of the Department and
				the Secretary information necessary to verify the exemption including, but not
				limited to, commercial use and sales information, extraction tonnages and a
				copy of the exemption application and exemption approved by the
				Department.
(2) Notify the
				Department upon the completion of the mining operation or permanent cessation
				of all coal extraction activities; and
(3) Conduct operations in accordance with the
				approved application or when authorized to extract coal under Section
				460:20-4-4(b)
				or Section
				460:20-4-4(e)
				(3) prior to submittal or approval of an exemption application, in accordance
				with the standards of this Subchapter.
(4) Authorized representatives of the
				Department and the Secretary shall have the right to conduct inspections of
				operations claiming exemption under this Subchapter.
(5) Each authorized representative of the
				Department and the Secretary conducting an inspection under this Subchapter;
(A) Shall have a right of entry to, upon, and
				through any mining and reclamation operations without advance notice or a
				search warrant, upon presentation of appropriate credentials;
(B) may, at reasonable times and without
				delay, have access to and copy any records relevant to the exemption;
				and
(C) Shall have a right to
				gather physical and photographic evidence to document conditions, practices or
				violations at a site.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 460:20-4-9 - Stockpiling of minerals

Current through Vol. 41, No. 20, July 1, 2024
(a)
Coal.
Coal extracted and stockpiled may be excluded from the
				calculation of cumulative production until the time of its sale, transfer to a
				related entity or use;
(1) Up to an amount
				equaling a 12-month supply of the coal required for future sale, transfer or
				use as calculated based upon the average annual sales, transfer and use from
				the mining area over the two preceding years; or
(2) For a mining area where coal has been
				extracted for a period of less than two years, up to an amount that would
				represent a 12-month supply of the coal required for future sales, transfer or
				use as calculated based on the average amount of coal sold, transferred or used
				each month.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 460:20-4-10 - Revocation and enforcement

Current through Vol. 41, No. 20, July 1, 2024
(a)
Department responsibility.
The Department shall conduct annual
				compliance review of the mining area, utilizing the annual report submitted
				pursuant to Section
				460:20-4-11,
				an on-site inspection and any other information available to the regulatory
				authority.
(b)
Possible
				revocation.
If the Department has reason to believe that a specific
				mining area was not exempt under the provisions of this Subchapter at the end
				of the previous reporting period, is not exempt, or will be unable to satisfy
				the exemption criteria at the end of the current reporting period, it shall
				notify the operator that the exemption may be revoked and the reason (s)
				therefor. The exemption will be revoked unless the operator demonstrates to the
				Department within 30 days that the mining area in question should continue to
				be exempt.
(c)
Department
				revocation.
(1) If the Department finds
				that an operator has not demonstrated that activities conducted in the mining
				area qualify for the exemption, the Department shall revoke the exemption and
				immediately notify the operator and intervenors. If a decision is made not to
				revoke an exemption, the Department shall Immediately notify the operator and
				intervenors.
(2) Any adversely
				affected person may request administrative review of a decision whether to
				revoke an exemption within 30 days of the notification of such decision in
				accordance with procedures established under Oklahoma's Rules of Practice and
				Procedure of the Coal Reclamation Act of 1979. (3) A petition for
				administrative review filed under Oklahoma's Rules of Practice and Procedure of
				the Coal Reclamation of 1979. shall not suspend the effect of decision whether
				to revoke an exemption.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 460:20-4-11 - Reporting requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Report filing.
(1) Following
				approval by the Department of an exemption for a mining area, the person
				receiving the exemption shall, for each mining area, file a written report
				annually with the Department containing the information specified in Subsection
				(b) of this section.
(2) The report
				shall be filed no later than 30 days after the end of the 12-month period as
				determined in accordance with the definition of "cumulative measurement period"
				in Section
				460:20-4-2 of this
				Subchapter.
(3) The information in
				the report shall cover
(A) Annual production
				of coal and other minerals and annual revenue derived from coal and other
				minerals during the preceding 12-month period, and
(B) The cumulative production of coal and
				other minerals and the cumulative revenue derived from coal and other
				minerals.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter 5 sets forth the minimum policies and
				  procedures that the state must establish and use to implement 45 O.S. Section
				  767 in order to be eligible for reimbursement of costs of enforcing and
				  administering the initial regulatory program under Section 502 of P.L. 95-87 or
				  for grants for developing, administering and enforcing a State regulatory
				  program under Section 705 of P.L. 95-87 or to assume primary regulatory program
				  authority under Section 503 of P.L. 95-87. Compliance with policies and
				  procedures in this Subchapter will satisfy the requirements of the Act. Section
				  767 prohibits certain employees of the Department of Mines, members of advisory
				  boards, the Oklahoma Mining Commission, and commissions representing multiple
				  interests from having any direct or indirect financial interest in any
				  underground or surface coal mining operation. The regulations in this
				  Subchapter are applicable to employees of the Department of Mines as defined in
				  Section
				  460:20-5-5.
Amended at 12 Ok Reg
				  3592, eff 10-12-95; Amended at 18 Ok Reg 3202, eff
				  7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of this Subchapter are to ensure that the
				  State adopts a standard program for implementing the provision in 45 O.S.
				  Section 767 ; to establish methods which will ensure that each employee of the
				  Department of Mines, members of advisory boards, the Oklahoma Mining
				  Commission, and commissions representing multiple interests who performs any
				  function or duty under the Act does not have a direct or indirect financial
				  interest in any underground or surface coal mining operation; and to establish
				  the methods by which the monitoring, enforcing, and reporting responsibilities
				  of the Director will be accomplished.
Amended at 18 Ok Reg
				  3202, eff 7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Mines is authorized by the
				  Act to:
(1) Establish the methods by
				which he or she and State officials will monitor and enforce the provisions
				contained in 45 O.S. Section 767 ;
(2) Establish appropriate provisions for
				employees of the Department of Mines who perform any function or duty under the
				Act to file a statement and supplements thereto in order to identify any
				financial interest which may be effected.
(3) Report annually to the Governor the
				actions taken and not taken during the preceding calender year under 45 O.S.
				Section 767 .
Amended at 16 Ok Reg
				  3526, eff 9-13-99; Amended at 18 Ok Reg 3202, eff
				  7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-4 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
(a) The Finance
				Officer of The State Department Of Mines shall:
(1) Provide advice, assistance, and guidance
				to all State employees required to file statements pursuant to Section
				460:20-5-7;
(2) Promptly review the statement of
				employment and financial interests and supplements, if any, filed by each
				employee, to determine if the employee has correctly identified those listed
				employment and financial interests which constitute a direct or indirect
				financial interest in an underground or surface coal mining
				operation;
(3) Resolve prohibited
				financial-interest situations by ordering or initiating remedial action or by
				reporting the violations to the Director who is responsible for initiating
				action to impose the penalties of the Act;
(4) Certify on each statement that review has
				been made, that prohibited financial interests, if any, have been resolved, and
				that no other prohibited interests have been identified from the
				statement;
(5) Submit to the
				Director such statistics and information as he or she may request to enable
				preparation of the required annual report to the Governor, and the Director of
				OSM;
(6) Submit to the Director the
				initial listing and the subsequent annual listings of positions as required by
				Section
				460:20-5-7(b), (c), and
				(d); the Director will forward the required
				information to the Director of OSM.
(7) Furnish a blank statement 45 days in
				advance of the filing date established by Section
				460:20-5-8(a)
				to each employee and members of advisory boards, the Oklahoma Mining
				Commission, and commissions representing multiple interests required to file a
				statement; and
(8) Inform annually
				each State employee required to file a statement with the head of the
				Department, Director or such other official designated by State law or
				regulation, of the name, address, and telephone number of the person whom they
				may contact for advice and counseling.