reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 35 - State Inspections › Section 460:10-35-7 - Availability of records

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Copies of all records, reports, inspection materials, or information obtained
				by the Department under 45 O.S. (1981), Section 721 et seq. , and this Chapter
				shall be made immediately available for examination upon request to the public,
				except that the Department may refuse to make available:
(1) Investigatory reports compiled for law
				enforcement purposes; and
(2)
				Information not required to be made available under Section
				460:10-17-8
				or (c) of this Section.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 35 - State Inspections › Section 460:10-35-8 - Serious injury or fatality report

Current through Vol. 41, No. 20, July 1, 2024
(a) Whenever loss of life or serious injury
				shall occur in or about a mine, it shall be the duty of the operator of the
				mine to report the accident involving loss of life or injury without delay to
				the Department. It is the duty of the Department, if determined necessary, to
				immediately send a mine inspector to the scene of the accident, and make a
				report to the Department. Forms for reporting accidents shall be furnished by
				the Department. Any operator failing to notify the Department of a fatality or
				an injury in a timely manner shall be assessed by the Department a fine of up
				to five hundred dollars ($500.00).
(b) All mines regulated by MSHA must promptly
				provide copies to the Department of any accident reports that have been filed
				with MSHA.
Added at 29 Ok Reg 1782,
				  eff 8-12-12
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 37 - State Enforcement › Section 460:10-37-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth general rules regarding
				  Departmental enforcement of 45 O.S. (1981), Section 721 et seq., this Chapter
				  and all conditions of permits imposed under 45 O.S (1981), Section 721 et seq.
				  and this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 37 - State Enforcement › Section 460:10-37-2 - Cessation Orders

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Director or his or her authorized representative shall immediately order a
				cessation of non-coal surface mining and reclamation operations or of the
				relevant portion thereof, if finding on the basis of any inspection, and
				condition or practice, or any violation of 45 O.S., Section 721 et seq., this
				Chapter, other state law, or any condition of a permit imposed under 45 O.S.,
				Section 721 et seq., or this Chapter which creates an imminent danger to the
				health and safety of the public. If the cessation ordered under this Section
				will not completely abate the imminent danger or harm in the most expeditious
				manner physically possible, the Director or his or her authorized
				representative shall impose affirmative obligations on the operator to whom it
				issued to abate the condition, practice or violation. The order shall specify
				the time by which abatement shall be accomplished.
(b) The Director or his or her authorized
				representative shall immediately order a cessation of non-coal surface mining
				and reclamation operations, or of the relevant portion thereof, when notice of
				violation has been issued and an operator fails to abate the violation within
				the abatement period fixed or subsequently extended by the Director or
				authorized representative. A cessation order issued under this subsection shall
				require the operator to whom it is issued to take all steps the Director or his
				or her authorized representative deems necessary to abate the violations
				covered by the order in the most expeditious manner physically
				possible.
(c) Any citation(s)
				issued by the Department to an entity or individual that the Department
				determines has mined without a permit in violation of 45 O.S. Section 724 or
				this Chapter shall be assessed by the Department a fine up to Ten Thousand
				Dollars ($10,000.00), including individuals, or agents of said entity. Any
				agent is jointly and severally liable with its principal for such violation and
				any resulting fines. Any fine assessed by the Department shall be made pursuant
				to the following :
(1) Two thousand five
				hundred dollars ($2,500.00) for the first Cessation Order issued for mining
				without a permit.
(2) Five thousand
				dollars ($5,000.00) for the second Cessation Order issued for mining without a
				permit.
(3) Ten thousand dollars
				($10,000.00) for the third Cessation Order issued for mining without a
				permit.
(4) Any person subsequently
				issued a citation for mining without a permit shall be subject to Ten thousand
				dollars ($10,000.00) for each subsequent occurrence.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 37 - State Enforcement › Section 460:10-37-3 - Notices of violation

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Director or authorized representative shall issue a notice of violation if, on
				the basis of an inspection, he or she finds a violation of 45 O.S. (1981),
				Section 721 et seq., this Chapter or any condition of a permit imposed under 45
				O.S. (1981), Section 721 et seq. , or this Chapter, which does not create an
				imminent danger or harm for which a cessation order must be issued under
				Section
				460:10-37-2.
(b) A notice of violation issued under this
				section shall be in writing, signed by the Director or his or her authorized
				representative, and shall set forth with reasonable specificity:
(1) The nature of the violation;
(2) The remedial action required, which may
				include interim steps;
(3) A
				reasonable time for abatement, which may include time for accomplishment of
				interim steps; and
(4) A reasonable
				description of the portion of the non-coal surface mining and reclamation
				operation to which it applies.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 37 - State Enforcement › Section 460:10-37-4 - Service of notices of violation and cessation orders

Current through Vol. 41, No. 20, July 1, 2024
A notice of violation or cessation order shall be served on
				  the person to whom it is directed or his designated agent promptly after
				  issuance, as follows:
(1) By tendering
				a copy at the non-coal surface mining and reclamation operation to the
				designated agent or to the individual who, based upon reasonable inquiry by the
				Director or his or her authorized representative, appears to be in charge of
				the surface mining and reclamation operation referred to in the notice or
				order. If no such individual can be located at the site, a copy may be tendered
				to any individual at the site who appears to be an employee or agent of the
				person to whom the notice or order is issued. Service shall be complete upon
				tender of the notice or order and shall not be deemed incomplete because of
				refusal to accept.
(2) As an
				alternative to (1) of this section, service may be made by sending a copy of
				the notice or order by certified mail or by hand to the operator to whom it is
				issued or his designated agent. Service shall be complete upon tender of the
				notice or order or of the mail and shall not be deemed incomplete because of
				refusal to accept.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 37 - State Enforcement › Section 460:10-37-5 - Public hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Except as provided in (b) and (c) of this section, a notice of violation or
				cessation order which requires cessation of mining, expressly or by necessary
				implication, shall expire within 30 days after it is served unless a public
				hearing has been held within that time. No hearing will be required where the
				condition, practice or violation in question has been abated or the hearing has
				been waived.
(b) A notice of
				violation or cessation order shall not expire as provided in (a) of this
				section if the public hearing has been waived or if, with the consent of the
				person to whom the notice or order was issued, the public hearing is held later
				than 30 days after the notice or order was served. For purposes of this
				section:
(1) The public hearing will be deemed
				waived if the person to whom the notice or order is issued:
(A) Is informed, by written notice served in
				the manner provided in (b) (2) of this Section, that he will be deemed to have
				waived a public hearing unless he requests one within 30 days after service
				notice; and
(B) Fails to request a
				public hearing with that time.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 37 - State Enforcement › Section 460:10-37-6 - Review of citations

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				operator issued a notice of violation or cessation order under Sections
				460:10-37-2 or
				460:10-37-3,
				may request review of that action by filing an application for review within 30
				days after receiving notice of the action, at the following address: Oklahoma
				Department of Mines ,2915 N. Classen Blvd ., Suite 213, Oklahoma City, Oklahoma
				73106.
(b) The filing of an
				application for review under this Section shall not operate as a stay of any
				notice or order, or of any modification, termination or vacation of
				either.
Amended at 23 Ok Reg
				  3057, eff 7-27-06; Amended at 26 Ok Reg 3002, eff
				  8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 37 - State Enforcement › Section 460:10-37-7 - Injunctive relief

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department may request the Attorney General for the State of Oklahoma to
				institute a civil action for relief, including a permanent or temporary
				injunction, restraining order or any order in the district court for the
				district in which the non-coal surface mining and reclamation operation has
				been issued has his principal office, whenever that person or his or her agent,
				in violation of 45 O.S. Section 721 et seq. or this Chapter, does the
				following:
(1) Violates or fails or refuses to
				comply with any order or decision of the Department under 45 O.S., Section 721
				et seq. or this Chapter;
(2)
				Interferes with, hinders or delays the Department in carrying out the
				provisions of 45 O.S., Section 721 et seq. or this Chapter;
(3) Refuses to admit an authorized
				representative of the Department to a mine;
(4) Refuses to permit inspection of a mine by
				an authorized representative of the Department;
(5) Refuses to furnish any required
				information or report;
(6) Refuses
				to permit access to or copying of any required records; or
(7) Refuses to permit inspection of
				monitoring equipment.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 12 - Water Quality Standards Implementation Plan › Subchapter 1 - General Provisions › Section 460:12-1-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
Title 27A O.S., §§
									1-1-202
				  and
				  1-3-101,
				  establishes the Department of Mines as a State Environmental Agency and
				  requires the agency to develop and promulgate a Water Quality Standards
				  Implementation Plan for its jurisdictional areas of environmental
				  responsibility. The elements of the plan are dictated by 27A O.S. §
				  1-1-202. This Chapter 12 and the Subchapter describe the elements of the
				  Plan.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 12 - Water Quality Standards Implementation Plan › Subchapter 1 - General Provisions › Section 460:12-1-2 - Authority

Current through Vol. 41, No. 20, July 1, 2024
Oklahoma law, 27A O.S. Supp. Section 1-1-202 (enacted through
				  Senate Bill 549) mandates that each state environmental agency shall
				  promulgate, by July 1, 2001, a Water Quality Standards Implementation Plan
				  (WQSIP) for its jurisdictional areas of environmental responsibility. The Plan
				  must be developed in compliance with the Administrative Procedures Act. After
				  initial promulgation, the Department must review its plan at least every three
				  years thereafter to determine whether revisions are necessary.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 12 - Water Quality Standards Implementation Plan › Subchapter 1 - General Provisions › Section 460:12-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the terms defined in Title 27A O.S. §
									1-1-201 and O.S.
				  Title 45, Mines and Mining, the following words, terms, or acronyms, when used
				  in this Subchapter, shall have the following meanings unless the context
				  clearly indicates otherwise:
"40 CFR"
means Title 40 of the Code of Federal
				  Regulations.
"BMP"
means Best Management Practice.
"CAM"
means Coal Advisory Memorandum.
"CCB"
means Coal Combustion By-Product.
"CHIA"
means Cumulative Hydrologic Impact
				  Assessment.
"CKD"
means Cement Kiln Dust.
"CORPS"
means United States Army Corps of
				  Engineers.
"CWA"
means Federal Clean Water Act.
"CWAC"
means Cool Water Aquatic Community.
"DEQ"
means Oklahoma Department of Environmental
				  Quality.
"EPA"
means United States Environmental
				  Protection Agency.
"F&W"
means Fish and Wildlife.
"HLAC"
means Habitat-Limited Aquatic Community.
"NPS"
means Non-Point Source.
"OAC"
means Oklahoma Administrative Code.
"ODM"
means Oklahoma Department of Mines.
"OPDES"
means Oklahoma Pollutant Discharge
				  Elimination System.
"OWRB"
means Oklahoma Water Resources Board.
"PAP"
means Permit Application Package.
"PBCR"
means Primary Body Contact Recreation.
"PHC"
means Probable Hydrologic Consequences.
"PPWS"
means Public and Private Water Supply.
"SBCR"
means Secondary Body Contact Recreation.
"SEDCAD"
means Sediment, Erosion, Discharge by
				  Computer Aided Design.
"TDS"
means Total Dissolved Solids.
"TMDL"
means Total Maximum Daily Load.
"TSS"
means Total Suspended Solids.
"UAA"
means Use Attainability Analysis.
"USAP"
means Use Support Assessment Protocols.
"USLE"
means Universal Soil Loss Equation.
"WQS"
means Water Quality Standards.
"WQSIP"
means Water Quality Standards
				  Implementation Plan.
"WWAC"
means Warm Water Aquatic Community.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 12 - Water Quality Standards Implementation Plan › Subchapter 1 - General Provisions › Section 460:12-1-4 - Oklahoma's Water Quality Standards

Current through Vol. 41, No. 20, July 1, 2024
(a)
Surface Water.
Pursuant to Section 303 of the CWA, Oklahoma's
				surface water quality standards are promulgated by the OWRB at OAC 785:45.
				Surface water quality standards are comprised of three elements:
(1) Beneficial uses are designated to apply
				to specific water bodies or defined water body segments, as listed in Appendix
				A to OAC 785:45, and which generally address the goals of the CWA. Certain
				default beneficial uses are assumed for waters not listed in Appendix A until a
				UAA may indicate otherwise. The subset of beneficial uses which address water
				quality (as opposed to quantity) are:
(A)
				Public and Private Water Supply (PPWS) (OAC
				785:45-5-10)
				;
(B) Fish and Wildlife Propagation
				(F&W) (OAC
				785:45-5-12)
				, according to one of four fishery subcategories:
(i) Habitat Limited Aquatic Community (HLAC)
(ii) Warm Water Aquatic Community
				(WWAC)
(iii) Cool Water Aquatic
				Community (CWAC)
(iv) Trout Fishery
				(Put and Take)
(C)
				Agriculture (Ag) (OAC
				785:45-5-13) ;
(D) Primary Body Contact
				Recreation (PBCR) (OAC
				785:45-5-16)
				;
(E) Secondary Body Contact
				Recreation (SBCR) (OAC
				785:45-5-17)
				;
(F) Aesthetics (OAC
				785:45-5-19)
(G) Fish Consumption (OAC
				785:45-5-20)
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 12 - Water Quality Standards Implementation Plan › Subchapter 1 - General Provisions › Section 460:12-1-5 - Required elements of the Water Quality Standards Implementation Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) The WQSIP must reflect the following:
(1) Program compliance with antidegradation
				requirements; and
(2) Protection of
				beneficial uses by providing a general description of the processes, procedures
				and methodologies utilized to ensure that programs within the agency's
				jurisdictional areas of environmental responsibility:
(A) Comply with anti-degradation standards;
(B) Lead to maintenance of water
				quality where beneficial uses are supported;
(C) Remove threats to water quality where
				beneficial uses are in danger of not being supported; and
(D) Restoration of water quality where
				beneficial uses are not being supported.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 12 - Water Quality Standards Implementation Plan › Subchapter 1 - General Provisions › Section 460:12-1-6 - Jurisdictional areas by statute

Current through Vol. 41, No. 20, July 1, 2024
Title 27A O.S. Supp. 1998, Section 1-3-l0l(G) states the
				  Department's jurisdictional areas are as follows:
(1) Mining regulation;
(2) Mining reclamation of active mines;
(3) Groundwater protection for
				activities subject to the jurisdictional areas of environmental responsibility
				of the agency; and
(4) Development
				and promulgation of a Water Quality Standards Implementation Plan pursuant to
				Title 27A Section
				1-1-202
				for its jurisdictional areas of responsibility.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 12 - Water Quality Standards Implementation Plan › Subchapter 1 - General Provisions › Section 460:12-1-7 - Agency jurisdictional areas

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				extraction of earth minerals occurs in every county of the state. Minerals
				mined in Oklahoma include coal, limestone, sand & gravel, granite, gypsum,
				clay & shale, salt, chat, tripoli, bentonite, and volcanic ash.
(b) Prior to commencement of mining
				operations, a permit must be obtained from ODM. A permit is issued when the
				mine operator submits an acceptable application and posts the required bond to
				cover reclamation costs. The mining operator's permit application must contain
				plans to safeguard environmental resources.
(c) The Department regulates the reclamation
				of these permitted lands with respect to mining for both coal and non-coal
				minerals. The Department also regulates the effects of mining as outlined by
				statutory authority Senate Bill 250 and 341 allowed for the placement of coal
				combustion by-product (CCB), which includes fly ash and cement kiln dust, in
				any active or inactive coal and non-coal mining operations.
(d) To assure that water pollution does not
				occur or that water is handled properly, the Department has extensive plans for
				all mining and reclamation operations. Requirements for this program are set
				forth in Title 45 of the Oklahoma Statutes. In all jurisdictional areas, the
				Department will require compliance with mandated statewide water quality
				requirements. The Department will not approve permit applications for
				activities under its jurisdiction until the responsible party has applied for
				all necessary water quality permits related to mining activities from other
				agencies.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 12 - Water Quality Standards Implementation Plan › Subchapter 1 - General Provisions › Section 460:12-1-8 - Regulation elements of Water Quality Standards Implementation Plan by jurisdictional area

Current through Vol. 41, No. 20, July 1, 2024
(a)
Coal mining and reclamation.
Coal mining and reclamation operations regulatory elements are as follows:
(1) The program must comply with
				antidegradation and protection of beneficial uses as follows:
(A) Pursuant to Subchapters OAC 460:20-27,
				20-31, 20-43, and 20-45, all surface drainage and groundwater seeps from areas
				disturbed by coal mining and reclamation activities shall be passed through a
				siltation structure before leaving the permit area. Discharges of water shall
				also be made in compliance with all applicable State and Federal water quality
				laws and regulations and with effluent limitations for coal mining promulgated
				by DEQ under the OPDES permitting process.
(B) Each coal mining permit is issued based
				upon the review of the information submitted by the applicant in the Permit
				Application Package. The Permit Application Package contains a comprehensive
				review of surface and groundwater resources, including extensive baseline data,
				and overburden analyses for the proposed mining site and adjacent areas. This
				information is used by the applicant to estimate the probable hydrologic
				consequences (PHC) of the proposed mining. If the PHC are adverse, the
				applicant is required to set forth a plan to prevent or minimize disturbance to
				the hydrologic balance. That plan includes a proposed monitoring scheme to
				verify its effects.
(C) Additional
				water quality protection measures shall include: timely construction of
				drainage control structures and diversions, timely reclamation and
				re-vegetation, proper disposal of any acid forming and toxic forming materials,
				mulching, adequate channel lining to prevent erosion, reduce the rate and
				volume of runoff by reclaiming the land to gentle slopes, pass all surface
				drainage from the disturbed areas through sedimentation ponds, and monitor
				surface and groundwater during mining and reclamation activities until final
				bond release.
(D) All of the
				beneficial uses itemized in Section 460:12-1-5 of this Chapter could be
				impacted by surface or groundwater at a mining site. Since ODM does not deal
				with toxic contaminants at a site, ODM does not have specific water quality
				discharge standards other than the technology-based water quality standards as
				established by the DEQ or EPA. Typically, the discharge standards follow the
				effluent limitations of 40 CFR 434 as seen in Appendix A.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this chapter have been adopted to the health,
				  safety and welfare of the underground coal and asphalt miners in the State of
				  Oklahoma.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms when used, in this Chapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Apprentice miner"
means a person who is
				  actively employed and who works underground and under the guidance and
				  supervision of a certified miner.
"Accident"
means any mine explosion, mine
				  ignition, mine fire, or mine inundation, or injury to, or death of any
				  person.
"Coal"
means lignite, subbituminous, cannel,
				  bitumunous, semi-bituminous, semianthracite, anthracite and asphaltic minerals
				  or other hydrocarbons recovered by mining.
"Drift"
means a horizontal or approximately
				  horizontal opening through the strata.
"Department"
means the Oklahoma Department of
				  Mines, or such department, bureau or commission as may lawfully succeed to the
				  powers and duties of such department.
"Face equipment"
means mining machinery operated
				  in/by the last open crosscut.
"Mine"
includes the shafts, slopes, drifts or
				  inclines connected with, or intended in the future to be connected with,
				  excavations penetrating coal seams or strata, which excavations are ventilated
				  by one general air current or division thereof, and connected by one general
				  system of mine haulage over which coal may be delivered to one or more points
				  outside the mine, and the surface structures or equipment connected or
				  associated there with which contribute directly or indirectly to the mining,
				  preparation or handling of coal, or construction thereof.
"Operator"
means any person, partnership, firm
				  or corporation engaged in and controlling a mining operation.
"Permissible"
means any equipment, device or
				  explosion that has been approved as permissible by the United States Bureau of
				  Mines.
"Shaft"
means a vertical opening through the
				  strata.
"Slope"
means a plane or incline.
"Working face"
means any place in a coal mine in
				  which work of extracting coal from its natural deposit in the earth is
				  performed.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-3 - Permitting and reclamation plans

Current through Vol. 41, No. 20, July 1, 2024
(a) It shall be unlawful for any person to
				engage in any mining operation without first obtaining from the Oklahoma
				Department of Mines a permit for such separate mining operation.
(b) Each application for a permit shall be
				accompanied by a plan of reclamation that meets the requirements of the Mining
				Lands Reclamation Act or have the plan submitted and awaiting approval from the
				Oklahoma Department of Mines. If the plan has been submitted prior to the
				application, a letter stating the date the reclamation plan was submitted must
				be attached to the permit application.
(c) Each application shall contain
				preliminary plans for ventilation, roof control, certification and apprentices,
				escape way, first aid, mine rescue, electrical, hoisting and man-trips, fire
				protection, mining near abandoned workings, combustible materials and rock
				dusting, communication, blasting and explosives, books and records, accident
				prevention, and use and storage of toxic and noxious materials, and other
				requirements in accordance with Title 45 O.S. and 30 C.F.R.
(d) Each application shall contain a
				description of the documents upon which the applicant bases his or her legal
				right to enter and begin underground mining activities in the permit area. The
				description shall identify those documents by type and date of execution,
				identify the specific lands to which the document pertains, and explain the
				legal rights claimed by the applicant. A copy of said documentation shall be
				submitted upon request by the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-4 - Mine map

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner,
				agent, lessee, or operator of every coal mine in the State of Oklahoma shall
				make or cause to be made by an Oklahoma registered engineer or a registered
				surveyor, an accurate map of each mine. The mine shall be drawn to a scale of
				one (1) inch to two hundred (200) feet, and shall show in prominent lettering
				the name of the state, county, township, range, and section and by proper
				emblem the true north. The map shall carry the seal of the engineer or surveyor
				and be signed.
(b) The map shall
				show accurately by azimuths or bearings and distances, the location of the mine
				openings with respect to an established legal subdivision corner. A tie to the
				state coordinate system shall be provided. All mine traverses shall be advanced
				by closed loop methods of traversing, or other equally accurate methods of
				traversing.
(1) The map shall accurately show
				the property lines and surface boundary of the coal. The tracks and sidetracks
				of any and all railroads.
(2) The
				location and depth of holes drilled for coal, oil, gas, or water that
				penetrates the workable coal seam, and the location and elevation of any body
				of water.
(3) Such map shall also
				show all shafts, slopes, tunnels, or other openings to the surface as to the
				workings of any adjacent or contiguous mine, all excavations, entries, airways,
				manways, rooms, crosscuts or other workings. The location of the ventilating
				fan or fans and the direction of the air currents and the location of overcasts
				or undercasts.
(4) The map must
				show the location and description of at least two (2) permanent base line
				points coordinated with the underground and surface mine traverses. Distance
				and bearing between base line points shall be shown.
(5) Such map shall show the outcrops of the
				seam or seams, dip of the coal bed, known faults, and wants or wash
				outs.
(6) Elevations shall be
				referred to from two (2) permanent surface bench marks, which is referenced to
				mean sea level as a datum.
(7)
				Contour lines on ten (10) feet intervals but not to exceed two hundred (200)
				feet shall be shown on the floor of one (1) entry in each working section,
				main, or cross-main.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-5 - Mine superintendent

Current through Vol. 41, No. 20, July 1, 2024
(a)
Employment.
In order to secure efficient management and to promote
				health and safety of the persons employed therein, the operator of each and
				every coal mine shall employ a duly qualified and certified superintendent who
				shall have charge of the entire operation and shall see that the provisions of
				the Oklahoma Mining Laws are properly executed. A certified superintendent
				shall be on each shift the mine is in operation. During the absence of the
				superintendent, not to exceed thirty (30) calendar days, a relief person
				possessing at least a Mine Foreman certification may be appointed to act as
				superintendent.
(b)
Superintendent duties.
The duties of a mine superintendent are as
				follows:
(1) Keep a sufficient quantity of
				quality materials and supplies readily accessible for the preservation of the
				mine and safety of the employees.
(2) Read, examine and countersign all
				reports.
(3) Cooperate with the
				mine foreman and others, in the fulfillment of their duties.
(4) Post all mine rules and regulations and
				maintain an adequate supply of record books.
(5) Notify the Department at least ten (10)
				days prior to any change that was originally submitted and approved in the mine
				application.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-6 - Mine foreman

Current through Vol. 41, No. 20, July 1, 2024
(a) In
				order to secure the efficient management and the proper ventilation of the
				mines of this state and promote the health and safety of the persons employed
				therein, the operator shall employee a duly qualified overseer for each and
				every coal mine, to be called mine foremen, who shall have charge of the
				underground operations of the mine and shall see that the provisions of this
				Chapter relating thereto are complied with. The mine foreman shall be under the
				direction of the mine superintendent. No person shall act in the capacity of
				mine foreman unless possessing a certificate of competency as such from the
				Oklahoma Mining Commission.
(b)
				When the mine workings become so extensive that the mine foreman is unable to
				personally carry out the requirements of this title pertaining to his duties,
				the operator of the mine shall employ a sufficient number of duly qualified and
				certified persons to act as assistant mine foremen, who shall be under the
				direction of the mine foreman in carrying out the provisions of this Chapter.
				The assistant mine foreman shall be under the direction of the mine
				superintendent. No person shall act in the capacity of assistant mine foreman
				unless possessing a certificate of competency from the State Mining Commission
				as a mine foreman or fire-boss.
(c)
				In the case of temporary absence of the mine foreman, he may deputize his work
				for the time being to his assistant, or assistants, who shall perform all the
				duties of the mine foreman. The assistant mine foreman shall have a certificate
				of competency from the State Mining Commission as mine foreman. The assistant
				mine foreman may be temporarily relieved by a fire-boss.
(d) The mine foreman shall devote the whole
				of his time to his duties while the mine is in operation and either he or his
				assistants, or fire-boss shall visit each working place and traveling way at
				least once daily. Mine foreman, or his assistants, are not required by this
				section to visit working places unoccupied or temporarily idle.
(e) The mine foreman shall give prompt
				attention to the removal of all dangers observed by or reported to him by his
				assistants, the fire-boss, or any other person; and in case it is impractical
				to remove the danger at once, he shall notify every person whose safety is
				menaced thereby, the area shall be dangered off to all employees other than
				those engaged in making the condition safe.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-7 - Fire-boss

Current through Vol. 41, No. 20, July 1, 2024
(a) The operator
				shall, at each entrance to the mine, or to the main intake airways near to the
				mine entrance, provide a permanent station for the fire-boss to record his
				inspection. He will post a danger signal if it is unsafe and it shall be
				unlawful for any person of persons except the mine officials in cases of
				necessity, and such other persons as may be designated by them to pass beyond
				said danger station, until the mine has been examined by the fire -boss as
				aforesaid and the same, or certain parts thereof, reported by him to be safe;
				and in all mines where operations are temporarily or indefinitely suspended,
				the superintendent and mine foreman shall see that a danger signal is places at
				the mine entrance, or entrances, which shall be a sufficient warning to person
				not to enter the mine and if ordinary circulation of air through the mine be
				stopped, each entrance to said mine shall be securely fenced off and a danger
				signal shall be displayed upon said fence, and any workman or other person
				(except those persons hereinbefore provided for) passing beyond any danger
				signal into the mine before it has been examined and reported to be safe as
				aforesaid, also any person or persons passing beyond any danger signal placed
				at the entrance to a working place, or any other place, in the mine, without
				permission of the mine foreman, his assistant or his fire-boss, shall be deemed
				guilty of a misdemeanor, and it shall be the duty of the fire-boss, mine
				foreman or superintendent to forthwith prosecute such persons of person before
				the proper legal authority, or to notify the district inspector, who shall
				enter proceedings against such person or persons.
(b) A miner may be allowed to check for gas
				in his working place with an approved methane detection device, other than a
				flame safety lamp, provided he has received the initial training and annual
				retraining on gases, gas detecting devices, and legal gas checks. Records
				showing the above training shall be retained at the mine office.
(c) Any fire-boss who neglects to comply with
				the provisions of this Chapter relating to his duties, or who shall make a
				false report of the condition of any place in the portion of the mine allotted
				to him for examination, shall be deemed guilty of a misdemeanor, and shall be
				suspended by the mine foreman, and his name shall be given to the inspector for
				prosecution and if he is found guilty he shall return his certificate to the
				State Mining Commission to be canceled.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-8 - Record books of fire-boss

Current through Vol. 41, No. 20, July 1, 2024
The record book of the fire-boss shall at all times be
				  accessible to the inspector and to the employees during working hours. A
				  suitable record book approved by the Department of Mines shall be kept at each
				  mine, and immediately after each of the examinations of each mine made by the
				  fire-boss or fire-bosses, a record of same shall be entered in said book,
				  signed and dated by the fire-boss or fire-bosses making such examinations,
				  which shall clearly state the nature and location of any danger which he or
				  they may have discovered. The superintendent and mine foreman shall each day
				  carefully countersign all reports made by the fire-boss or fire-bosses. A
				  fire-boss may send his report over the mine telephone system to a certified
				  person on the surface who shall fill out the record book and sign that he
				  received the report of the aforementioned examinations, and this shall satisfy
				  the requirements of this section.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-9 - Oklahoma Miner Training Institute

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department of Mines shall maintain a
				school for the purpose of educating, training and re-training of miners or
				people who wish to become miners. The school shall be called the Oklahoma Miner
				Training Institute (OMTI) and shall be stationed near Krebs, Oklahoma, or a
				location that will benefit the needs of miners and operators.
(b) Instructors shall be MSHA approved and
				shall be practical miners and well versed in their field of instruction. They
				shall have attended an instructors training course or be approved to teach
				based upon past practical experience and classroom monitoring.
(c) Each mine shall submit as part of their
				application, a training plan. The plan shall be comprehensive as to where
				miners shall receive their training and re-training, who will conduct the
				training, the course subject and number of hours. A precise record of all
				training shall be maintained in the mine office.
(d) No person shall be allowed to work in any
				coal mine without having received a minimum of forty (40) hours of classroom
				instruction which addresses all the aspects of underground coal mining. At
				least eight (8) hours of the forty (40) hours shall be administered at the mine
				site. Students receiving mine training shall accompany a certified mine
				official or a state mine inspector who is certified and qualified to inspect
				underground mines.
(e) Experienced
				miners who have not worked underground in the past twelve (12) months shall
				have a minimum of eight (8) hours retraining as set out in the requirements of
				ONTI.
(f) Each miner shall have an
				eight (8) hours refresher course every twelve (12) months. The refresher course
				shall address:
(1) Health and safety
				standards
(2) Transportation and
				Communication
(3)
				Barricading
(4) Roof and rib
				control
(5) Ventilation and
				maps
(6) First aid
(7) Electrical hazards
(8) Prevention of accidents
(9) Self rescuers and devices
(10) Explosives
(11) Mine gases
(12) Toxic or noxious materials or any other
				subjects that could be related to health and safety.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-10 - Certificates of Competency

Current through Vol. 41, No. 20, July 1, 2024
(a)
				No person shall act as a mine superintendent, mine foreman, fire-boss,
				shot-firer, hoisting engineer or miner without first having obtained a
				certificate of competency from the Oklahoma Mining Commission. No person shall
				employ such mine superintendent, mine foreman, fire-boss, hoisting engineer or
				miner who does not hold such certificate. Any person who violates the
				provisions of this subsection, upon conviction, shall be fined not more than
				one thousand five hundred ($1,500.00) or be imprisoned in the county jail for a
				term not more than six (6) months, or both.
(b) The examination for a certificate of
				competency as a mine superintendent, mine foreman, fire-boss, shot-firer, or
				hoisting engineer shall be administered by only employees or advisors of the
				Department of Mines who also hold equal or higher certificates of competency.
				The examination shall be sufficient to determine that such applicant fully
				understands the requirements of coal mining laws of this state.
(c) Each applicant for mine superintendent,
				mine foreman, fire-boss, hoisting engineer or shot-firer shall hold a first-aid
				certificate issued within one (1) year prior to the date of the examination of
				the Department by an organization recognized by the Oklahoma Mining
				Commission.
(d) The Department
				shall hold monthly examinations for certification of competency as underground
				miners. Applications for such certificates may be granted a temporary permit by
				the Commission until an examination is held by the Department in the region in
				which the applicant resides. Applicants must successfully answer a written or
				oral examination pertaining to such requirements and qualifications of
				underground miners as are determined necessary by the Commission.
(e) Certificates of competency shall be
				granted by the Oklahoma Mining Commission to persons who have given the
				Department satisfactory evidence of their ability to perform the duties and
				skills as are required by the Council. Previous experience and record of
				service of the applicant shall have equal weight with the
				examination.
(f) The minimum
				experience necessary for certificates of competency are as follows:
(1) Shot-firer-1 year's practical underground
				experience, including working in blasting operations for at least twelve (12)
				months under immediate supervision of an experienced blaster.
(2) Hoisting engineer 1 year's practical
				hoisting experience.
(3) Fire-boss
				2 year's practical underground experience.
(4) Mine foreman-3 year's practical
				underground experience.
(5)
				Superinentendent-5 year's practical underground experience.
(6) Practical miner-1 year's practical
				experience as a miner or the equivalent experience as defined by the
				Commission.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-11 - Testing material and scores

Current through Vol. 41, No. 20, July 1, 2024
(a) Certification test is comprised of data
				collected from Oklahoma Statutes Title 45, Oklahoma Mining Statutes and Rules
				and Regulations, Code of Federal regulations, CFR 30, Coal Mining Reference
				Book, published by the Kentucky Mining Institute 1973, Oklahoma State
				Department of Vocational Technical Education - 1975.
(b) Seventy-five (75) percent shall be the
				minimum score needed to satisfy the Certification Advisory Council as having
				satisfactorily passed a given test.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-12 - First aid

Current through Vol. 41, No. 20, July 1, 2024
(a) Every mine
				operator shall have a well stocked first aid station on the surface near the
				mine portals or shaft, and at each working section and at the bottom of each
				regularly traveled slope or shaft if more than 1,000 feet from the portals or
				shaft.
(b) First aid equipment
				shall include the following:
(1) One
				stretcher
(2) One broken back board
				or a splint stretcher
(3)
				Twenty-four triangular bandages
(4)
				Eight 4-inch bandage compresses
(5)
				Eight 2-inch bandage compresses
(6)
				Twelve 1-inch adhesive compresses
(7) One foille
(8) Two cloth blankets
(9) One rubber or comparable
				blanket
(10) Two
				tourniquets
(11) One 1-ounce bottle
				of aromatic spirits or ammonia or one (i) dozen ammonia ampules
(12) Two inflatable plastic arm and leg
				splints.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-13 - Medical service

Current through Vol. 41, No. 20, July 1, 2024
(a) Every
				operator shall have an agreement with a physician and medical services (either
				a hospital or a clinic) to attend the injured and with an ambulance or other
				transportation mode for the transfer of the injured.
(b) Emergency communications, either a
				telephone or radio communication system shall be installed and maintained in a
				working condition at each mine.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-14 - Mine rescue teams

Current through Vol. 41, No. 20, July 1, 2024
(a)
Teams.
Every mine shall have or have access to two (2) mine rescue
				teams.
(1) Each team shall consist of five (5)
				members and one alternate.
(2) Each
				rescue team shall be fully qualified, trained and equipped.
(3) Each member of the team must be an
				underground miner with a minimum of one year experience in the past five (5)
				years. Miners who are employed on the surface, but work regularly underground
				shall be considered qualified.
(4)
				Each member of a rescue team shall have a physical examination by a licensed
				medical doctor within sixty (60) days prior to training. Each member must be
				physically fit to perform strenuous work under abnormal conditions. Additional
				physical examinations must be taken annually. The examination physician must
				fill out form MSHA 5000-3.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-15 - Self rescue device

Current through Vol. 41, No. 20, July 1, 2024
Every operator shall supply every miner and every visitor a self rescue device and a self contained breathing apparatus which are approved by MSHA. Every miner or visitor must be instructed in the use of such.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 15 - Underground Coal and Asphalt › Subchapter 1 - General Standards › Section 460:15-1-16 - Accidents and injuries

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				personal loss time accidents and accidents which could result in loss time
				(three (3) days loss from regularly assigned duties) shall be reported to the
				Department of Mines.
(b) All
				serious accidents, accidents resulting in fatalities, mine fires and
				explosions, mine inundation, and major roof falls, shall be reported
				immediately to the Department of Mines.
(c) Accidents resulting in a fatality shall
				have the area preserved by posting "keep out" placards at all entrances until
				the accident has been investigated by the Oklahoma Department of
				Mines.
(d) Non-loss time accidents
				shall be reported within ten (10) days from the date the accident
				occurred.
(e) Failure to report
				accidents may warrant revoking a mining permit by the Oklahoma Mining
				Commission.