reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-53 - Primary roads

Current through Vol. 41, No. 20, July 1, 2024
Primary roads shall meet the requirements of Section
				  460:20-43-52 and
				  the additional requirements of this Section.
(1)
Certification.
The plans and
				drawings for each primary road shall be prepared by, or under the direction of,
				and certified by a qualified registered professional engineer. As built
				certifications are to be completed by registered professional engineer or a
				qualified registered professional land surveyor, with experience in design and
				construction of roads, as meeting the requirements of this Chapter, current,
				prudent engineering practices; and any design criteria established by the
				Department. The construction or reconstruction of primary roads shall be
				certified in a report to the Department by a qualified registered professional
				engineer, or a qualified registered professional land surveyor with experience
				in the design and construction of roads. The report shall indicate that the
				primary road has been constructed or reconstructed as designed and in
				accordance with the approved plan.
(2)
Safety Factor.
Each primary
				road embankment shall have a minimum static factor of 1.3 or meet the
				requirements established under Section
				460:20-27-20(c)
				of this Chapter.
(3)
Location.
(A) To minimize
				erosion, a primary road shall be located, insofar as is practicable, on the
				most stable available surface.
(B)
				Fords or perennial or intermittent streams by primary roads are prohibited
				unless they are specifically approved by the Department as temporary routes
				during periods of road construction.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-54 - Utility installations

Current through Vol. 41, No. 20, July 1, 2024
All underground coal mining operations shall be conducted in
				  a manner which minimizes damage, destruction, or disruption of services
				  provided by oil, gas, and water wells; oil, gas, and coalslurry pipelines;
				  railroads; electric and telephone lines; and water and sewage lines which pass
				  over, under, or through the permit area, unless otherwise approved by the owner
				  of those facilities and the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-55 - Support facilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Support facilities shall be operated in accordance with a permit issued for the
				mine or coal preparation operation to which it is incident or from which its
				operation results.
(b) In addition
				to the other provisions of this Subchapter, support facilities shall be
				located, maintained, and used in a manner that:
(1) Prevents or controls erosion and
				siltation, water pollution, and damage to public or private property;
				and
(2) To the extent possible
				using the best technology currently available:
(A) Minimizes damage to fish, wildlife, and
				related environmental values; and
(B) Minimizes additional contributions of
				suspended solids to streamflow or runoff outside the permit area. Any such
				contributions shall not be in excess of limitations of State or Federal
				law.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-56 - Interpretative rules related to general performance

Current through Vol. 41, No. 20, July 1, 2024
The following interpretations of rules promulgated in
				  Subchapter 45 of this Chapter have been adopted by the Oklahoma Department of
				  Mines.
(1) [Reserved] and
(2) [Reserved]
(3) Interpretation of Section
				460:20-45-7
(4) Topsoil removal.
(A) Results of physical and chemical analyses
				of overburden and topsoil to demonstrate that the resulting soil medium is
				equal to or more suitable for sustaining revegetation than the available
				topsoil, provided that trials and tests are certified by an approved laboratory
				in accordance with Section
				460:20-45-7,
				may be obtained from any one or a combination of the following sources:
(i) U.S. Department of Agriculture Soil
				Conservation Service published data based on established soil series;
(ii) U.S. Department of Agriculture Soil
				Conservation Service Technical Guides;
(iii) State agricultural agency, university,
				Tennessee valley Authority, Bureau of Land Management or U.S. Department of
				Agriculture Forest Service published data based on soil series properties and
				behavior; or
(iv) Results of
				physical and chemical analyses, field site trials, or greenhouse tests of the
				topsoil and overburden materials (soil series) from the permit area.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 47 - Special Permanent Program Performance Standards: Auger Mining › Section 460:20-47-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This subchapter sets environmental protection performance
				  standards for surface coal mining and reclamation operations involving auger
				  mining.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 47 - Special Permanent Program Performance Standards: Auger Mining › Section 460:20-47-2 - Auger mining: general

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Auger mining operations shall be conducted in accordance with the requirements
				of Subchapter 43 of this Chapter, except as provided in this
				Subchapter.
(b) The this Department
				may prohibit auger mining, if necessary to:
(1) Maximize the utilization, recoverability,
				or conservation of the solid-fuel resource, or
(2) Protect against adverse water-quality
				impacts.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 47 - Special Permanent Program Performance Standards: Auger Mining › Section 460:20-47-3 - Auger mining: coal recovery

Current through Vol. 41, No. 20, July 1, 2024
(a) Auger mining shall be conducted so as to
				maximize the utilization and conservation of the coal in accordance with
				Section
				460:20-43-17 of
				these Regulations.
(b) Auger mining
				shall be planned and conducted to maximize recoverability of mineral reserves
				remaining after the operation and reclamation are complete.
(c) Each person who conducts auger mining
				operations shall leave areas of undisturbed coal, as approved by the
				Department, to provide access for future underground mining activities to coal
				reserves remaining after augering is completed, unless it is established that
				the coal reserves have been depleted or are so limited in thickness or extent
				that it will not be practicable to recover the remaining coal. This
				determination shall be made by the Department upon presentation of appropriate
				technical evidence by the operator.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 47 - Special Permanent Program Performance Standards: Auger Mining › Section 460:20-47-4 - Auger mining: hydrologic balance

Current through Vol. 41, No. 20, July 1, 2024
(a) Auger mining shall be planned and
				conducted to minimize disturbances of the prevailing hydrologic balance in
				accordance with the requirements of Sections
				460:20-43-8
				and
				460:20-43-9
				of these Regulations.
(b) All auger
				holes, except as provided in (c) of this Section, shall be:
(1) Sealed within 72 hours after completion
				with an impervious and noncombustible material, if the holes are discharging
				water containing acid- or toxic-forming material. If sealing is not possible
				within 72 hours, the discharge shall be treated commencing within 72 hours
				after completion to meet applicable effluent limitations and water-quality
				standards until the holes are sealed; and
(2) Sealed with an impervious noncombustible
				material, as contemporaneously as practicable with the augering operation, as
				approved by the Department, if the holes are not discharging water containing
				acid- or toxic-forming material.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 47 - Special Permanent Program Performance Standards: Auger Mining › Section 460:20-47-5 - Auger mining: subsidence protection

Current through Vol. 41, No. 20, July 1, 2024
Auger mining shall be conducted in accordance with the
				  requirements of Sections
				  460:20-45-47(a) and
				  (c) of these Regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 47 - Special Permanent Program Performance Standards: Auger Mining › Section 460:20-47-6 - Auger mining: backfilling and grading

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Auger mining shall
				be conducted in accordance with the backfilling and grading requirements of
				Sections
				460:20-43-38
				and
				460:20-43-39
				through
				460:20-43-41
				of these Regulations.
(b)
Remining.
Where auger mining operations affect previously mined
				areas that were not reclaimed to the standards of these Regulations and the
				volume of all reasonably available spoil is demonstrated in writing to the
				Department to be insufficient to completely backfill the highwall, the highwall
				shall be eliminated to the maximum extent technically practical in accordance
				with the following criteria:
(1) The person
				who conducts the auger mining operation shall demonstrate to the Department
				that the backfill, designed by a qualified registered professional engineer,
				has a minimum static safety factor for the stability of the backfill of at
				least 1.3.
(2) All spoil generated
				by the auger mining operation and any associated surface coal mining and
				reclamation operation, and any other reasonably available spoil shall be used
				to backfill the area. Reasonably available spoil shall include spoil generated
				by the mining operation and other spoil located in the permit area that is
				accessible and available for use and that when rehandled will not cause a
				hazard to the public safety or significant damage to the environment. For this
				purpose, the permit area shall include spoil in the immediate vicinity of the
				auger mining operation.
(3) The
				coal seam mined shall be covered with a minimum of 4 feet of nonacid-,
				nontoxic-forming material and the backfill graded to a slope which is
				compatible with the approved postmining land use and which provides adequate
				drainage and long-term stability.
(4) Any remnant of the highwall shall be
				stable and not pose a hazard to the public health and safety or to the
				environment.
(5) Spoil placed on
				the outslope during previous mining operations shall not be distributed if such
				disturbances will cause instability of the remaining spoil or otherwise
				increase the hazard to the public health and safety or to the
				environment.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 47 - Special Permanent Program Performance Standards: Auger Mining › Section 460:20-47-7 - Auger mining: protection of underground mining

Current through Vol. 41, No. 20, July 1, 2024
Auger holes shall not extend closer than 500 feet (measured
				  horizontally) to any abandoned or active underground mine workings, except as
				  approved in accordance with Section
				  460:20-43-28
				  of these Regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 49 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section 460:20-49-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This subchapter sets forth special environmental protection
				  performance, reclamation, and design standards for surface coal mining and
				  reclamation operations on prime farmland.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 49 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section 460:20-49-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
The objective of this Subchapter is to set forth those soil
				  removal stockpiling, and replacement operational requirements and revegetation
				  and other reclamation standards for prime farmlands to ensure both that the
				  land will have agricultural productive capacity which is equal after mining to
				  pre-mining levels and the land is not lost as an important national
				  resource.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 49 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section 460:20-49-3 - Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) The U.S. Soil
				Conservation Service within each State shall establish specifications for prime
				farmland soil removal, storage, replacement, and reconstruction.
(b) The Department within each State shall
				use the soil reconstruction specifications of (a) of this Section to carry out
				its responsibilities under Section
				460:20-33-7 and
				Subchapter 37 of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 49 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section 460:20-49-4 - Prime farmland: special requirements

Current through Vol. 41, No. 20, July 1, 2024
Surface coal mining and reclamation operations conducted on
				  prime farmland shall meet the following requirements:
(1) A permit shall be obtained for those
				operations under Section
				460:20-33-7.
(2) Soil materials to be used in the
				reconstruction of prime farmland shall be removed before drilling, blasting, or
				mining, in accordance with Section
				460:20-49-5
				and in a manner that prevents mixing or contaminating these materials with
				undesirable material. Where removal of soil materials results in erosion that
				may cause air and water pollution, the Department shall specify methods to
				control erosion of exposed overburden.
(3) Revegetation success on prime farmlands
				shall be measured upon a finding by the Department that equivalent or higher
				levels of yield as non-mined prime farmland in the surrounding area has been
				achieved in accordance with 45 O.S. Supp. 1980, Section 757.
(4) The requirements of this subchapter shall
				not apply to disposal areas containing coal mine waste resulting from
				underground mines that is not technologically and economically feasible to
				store in underground mines or on non-prime farmland. The operator shall
				minimize the area of prime farmland used for such purposes.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 49 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section 460:20-49-5 - Prime farmland: soil removal

Current through Vol. 41, No. 20, July 1, 2024
(a) Surface coal mining and reclamation
				operations on prime farmland shall be conducted to:
(1) Separately remove the entire A and E
				horizon or other suitable soil materials which will create a final soil greater
				productive capacity than which existed prior to mining.
(2) Separately remove the B horizon of the
				soil, a combination of B horizon and underlying C horizon, or other suitable
				soil material that will create a reconstructed soil of equal or greater
				productive capacity than that which existed before mining.
(3) Separately remove the underlying C
				horizons, other strata, or a combination of horizons or other strata, to be
				used instead of the B horizon. When replaced, these combinations shall be equal
				to, or more favorable for plant growth than, the B horizon.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 49 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section 460:20-49-6 - Prime farmland: soil stockpiling

Current through Vol. 41, No. 20, July 1, 2024
If not utilized immediately, the A and E horizon or other
				  suitable soil materials specified in Section
				  460:20-49-5(a)
				  (1) and the B horizon or other suitable materials specified in Sections
				  460:20-49-5(a)
				  (2) and
				  460:20-49-5(a)(3)
				  shall be stored separately from each other and from spoil. These stockpiles
				  shall be placed within the permit area where they are not disturbed or exposed
				  to excessive water or wind erosion before the stockpiled horizons can be
				  redistributed. Stockpiles in place for more than 30 days shall meet the
				  requirements of Section
				  460:20-43-7
				  or
				  460:20-45-7.
Amended at 12 Ok Reg
				  117, eff 9-29-94 through 7-14-95 (emergency); Amended at 12 Ok Reg 3592, eff
				  10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 49 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section 460:20-49-7 - Prime farmland: soil replacement

Current through Vol. 41, No. 20, July 1, 2024
Surface coal mining and reclamation operations on prime
				  farmland shall be conducted according to the following:
(1) The minimum depth of soil and soil
				material to be reconstructed for prime farmland shall be 48 inches, or a depth
				equal to the depth of a subsurface horizon in the natural soil that inhibits
				root penetration, whichever is shallower. The Department shall specify a depth
				greater than 48 inches, wherever necessary to restore productive capacity due
				to uniquely favorable soil horizons at greater depths. Soil horizons shall be
				considered as inhibiting root penetration if their densities, chemical
				properties, or water supplying capacities restrict or prevent penetration by
				roots of plants common to the vicinity of the permit area and have little or no
				beneficial effect on soil productive capacity.
(2) Replace soil material only on land which
				has been first returned to final grade and scarified according to Sections
				460:20-43-38
				through
				460:20-43-40,
				unless site-specific evidence is provided and approved by the Department
				showing that scarification will not enhance the capability of the reconstructed
				soil to achieve equivalent or higher levels of yield.
(3) Replace the soil horizons or other
				suitable soil material in a manner that avoids excessive compaction in
				accordance with Section
				460:20-33-7(b)(3).
(4) The operator shall replace the B horizon,
				C horizon, or other suitable material specified in Section
				460:20-49-5(c)
				(2) to the thickness needed to meet the requirements of (b) of this section. In
				those areas where the B or C horizons were not removed but may have been
				compacted or otherwise damaged during the mining operation, the operator shall
				engage in deep tilling or other appropriate means to restore pre-mining
				capabilities.
(5) Replace the A and
				E horizon or other suitable soil materials specified in Section 460:2049-5 (a)
				(1) as the final surface soil layer. This surface soil layer shall equal or
				exceed the thickness of the original soil, as determined in Section
				460:20-33-7(c)(1)(B),
				and be replaced in a manner that protects the surface layer from wind and water
				erosion before it is needed or planted.
(6) Apply nutrients and soil amendments as
				needed to quickly establish vegetation growth.
Amended at 12 Ok Reg
				  117, eff 9-29-94 through 7-14-95 (emergency); Amended at 13 Ok Reg 3495, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 51 - Special Permanent Program Performance Standards: Mountaintop Removal › Section 460:20-51-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth special environmental protection
				  performance, reclamation, and design standards for surface coal mining
				  activities constituting mountaintop removal mining.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 51 - Special Permanent Program Performance Standards: Mountaintop Removal › Section 460:20-51-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of this Subchapter are to:
(1) Enhance coal recovery;
(2) Reclaim the land to equal or higher
				postmining use; and
(3) Protect and
				enhance environmental and other values protected under the Act and this
				Chapter.
Amended at 12 Ok Reg
				  3592, eff 10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 53 - Permanent Program Performance Standards: Coal Preparation Plants Not Located Within the Permit Area of a Mine › Section 460:20-53-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This subchapter sets forth requirements for coal preparation
				  plants not within the permit area for a specific mine other than those plants
				  which are located at the site of ultimate coal use.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 53 - Permanent Program Performance Standards: Coal Preparation Plants Not Located Within the Permit Area of a Mine › Section 460:20-53-2 - General requirements

Current through Vol. 41, No. 20, July 1, 2024
Each person who operates a coal preparation plant subject to
				  this part shall obtain a permit in accordance with Section
				  460:20-33-10
				  of this Chapter, obtain a bond in accordance with Subchapter 37 of this
				  Chapter, and operate that plant in accordance with the requirements of this
				  subchapter.
Amended at 12 Ok Reg
				  3592, eff 10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 55 - Special Permanent Program Performance Standards: in Situ Processing › Section 460:20-55-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth special environmental protection
				  performance, reclamation and design standards for in situ processing
				  activities.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 55 - Special Permanent Program Performance Standards: in Situ Processing › Section 460:20-55-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter is intended to ensure that all in situ
				  processing activities are conducted in a manner which preserves and enhances
				  environmental values in accordance with the Act. This Subchapter provides
				  additional performance, reclamation and design standards to reflect the nature
				  of in situ processing.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 55 - Special Permanent Program Performance Standards: in Situ Processing › Section 460:20-55-3 - In situ processing: performance standards

Current through Vol. 41, No. 20, July 1, 2024
(a) The person who conducts in situ
				processing activities shall comply with Subchapter 45 of this Chapter and this
				Section.
(b) In situ processing
				activities shall be planned and conducted to minimize disturbance to the
				prevailing hydrologic balance by:
(1) Avoiding
				discharge of fluids into holes or wells, other than as approved by the
				Department;
(2) Injecting process
				recovery fluids only into geologic zones or intervals approved as production
				zones by the Department;
(3)
				Avoiding annular injection between the wall of the drill hole and the casing;
				and
(4) Preventing discharge of
				process fluid into surface waters.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 55 - Special Permanent Program Performance Standards: in Situ Processing › Section 460:20-55-4 - In situ processing: monitoring

Current through Vol. 41, No. 20, July 1, 2024
(a) Each person who conducts in situ
				processing activities shall monitor the quality and quantity of surface and
				ground water and the subsurface flow and storage characteristics, in a manner
				approved by the Department under Section
				460:20-45-8,
				to measure changes in the quantity and quality of water in surface and ground
				water systems in the permit area and adjacent area.
(b) Air and water quality monitoring shall be
				conducted in accordance with monitoring programs approved by the Department as
				necessary according to appropriate Federal and State air and water quality
				standards.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 57 - State Inspections › Section 460:20-57-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth general procedures governing State
				  inspections under the permanent regulatory program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 57 - State Inspections › Section 460:20-57-2 - State inspections and monitoring

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall conduct an average
				of at least one partial inspection per month of each active surface coal mining
				and reclamation operation under its jurisdiction, and shall conduct such
				partial inspections of each inactive surface coal mining and reclamation
				operation under its jurisdiction as are necessary to ensure effective
				enforcement of the State program. A partial inspection is an on-site or aerial
				review of an operator's compliance with some of the permit conditions and
				requirements imposed under the State program.
(b) The Department shall conduct an average
				of a least one complete inspection per calendar quarter of each active or
				inactive surface coal mining and reclamation operation under its jurisdiction.
				A complete inspection is an on-site review of an operator's compliance with all
				permit conditions and requirements imposed under the State program within the
				entire area disturbed or affected by the surface coal mining and reclamation
				operations.
(c) The Department
				shall conduct such inspections of coal explorations as are necessary to ensure
				compliance with the State program with respect to coal exploration operations
				which substantially disturb the natural land surface.
(d)
Aerial inspections.
(1) Aerial inspections shall be conducted in
				a manner which reasonably ensures the identification and documentation of
				conditions at each surface coal mining and reclamation site
				inspected.
(2) Any potential
				violation observed during an aerial inspection shall be investigated on site
				within three days; provided, that any indication of a condition, practice, or
				violation constituting cause for issuance of a cessation order under 45 O.S.
				1981, Section 776 shall be investigated on site immediately, and provided
				further, than an on-site investigation shall not be considered to be an
				additional partial or complete inspection for purposes of (a) and (b) of this
				section.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 57 - State Inspections › Section 460:20-57-3 - Citizens' request for State inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) A person may request a State inspection
				by furnishing to an authorized representative of the Director a signed, written
				statement (or an oral report followed by a signed, written statement) giving
				the authorized representative reason to believe that a violation, condition or
				practice exists and setting forth a telephone number and address where the
				person can be contacted.
(b) The
				identity of any person supplying information to the Department relating to a
				possible violation or imminent danger or harm shall remain confidential with
				the Department, if requested by that person, unless otherwise required by law
				or unless disclosure is required under law.
(c) If a State inspection is conducted as a
				result of information provided to the Department by a person as described in
				(a) of this Section, the person shall be notified as far in advance as
				practicable when the inspection is to occur and shall be allowed to accompany
				the authorized representative of the Director during the inspection. Such
				person has the right of entry to, upon and through the coal exploration or
				surface coal mining and reclamation operation about which he or she supplied
				information, but only if he or she is in the presence of and is under the
				control, direction, and supervision of the authorized representative while on
				the mine property. Such right of entry does not include a right to enter
				buildings without consent of the person in control of the building or without a
				search warrant.
(d) Within ten days
				of the State inspection, or, if there is no inspection, within fifteen days of
				receipt of the person's written statement, the Department shall send the person
				the following:
(1) If an inspection was made,
				a description of the enforcement action taken, which may consist of copes of
				the State inspection report and all notices of violation and cessation orders
				issued as a result of the inspection, or an explanation of why no enforcement
				action was taken;
(2) If no State
				inspection was conducted, an explanation of the reason why and;
(3) An explanation of the person;s right if
				any, to informal review of the action or inaction of the Department under
				Section
				460:20-57-6.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 57 - State Inspections › Section 460:20-57-4 - Right of entry

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
				authorized representative of the Director conducting a State inspection under
				Title 45:
(1) Shall have a right of entry to,
				upon, and through any coal exploration or surface coal mining and reclamation
				operation without advance notice or a search warrant, upon presentation of
				appropriate credentials;
(2) May,
				at reasonable times and without delay, have access to and copy any records, and
				inspect any monitoring equipment or method of exploration or operation required
				under the applicable program; and
(3) Shall have a right to gather physical and
				photographic evidence to document conditions, practices, or violations at the
				site.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 57 - State Inspections › Section 460:20-57-5 - Review of adequacy and completeness of inspections

Current through Vol. 41, No. 20, July 1, 2024
Any person who is or may be adversely affected by a surface
				  coal mining and reclamation operation or a coal exploration operation may
				  notify the Director in writing of any alleged failure on the part of the
				  Inspection and Enforcement Division to make adequate and complete or periodic
				  inspections. The notification shall include sufficient information to create a
				  reasonable belief that the regulations of this part are not being complied with
				  and to demonstrate that the person is or may be adversely affected. The
				  Director shall within 15 days of receipt of the notification determine whether
				  adequate and complete or periodic inspections have been made. The Director
				  shall furnish the complainant with a written statement of the reasons for such
				  determination and the actions, if any, taken to remedy the
				  noncompliance.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 57 - State Inspections › Section 460:20-57-6 - Review of decision not to inspect or enforce

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person who is or may be adversely
				affected by a coal exploration or surface coal mining and reclamation operation
				may request the Department to review informally an authorized representative's
				decision not to inspect or take the appropriate enforcement action with respect
				to any violation alleged by that person in request for a State inspection under
				Section
				460:20-57-3.
				The request for review shall be in writing and include a statement of how the
				person is or may be adversely affected and why the decision merits
				review.
(b) The Department shall
				conduct the review in accordance with the Department's Rules of Practice and
				Procedure for the Coal Reclamation Act of 1979, OAC
				460:2-31-1 et seq., and
				inform the adversely affected person, in writing, of the review results within
				30 days from the receipt of the request, unless said time-frame has been waived
				by that person. The operator alleged to be in violation shall also be given a
				copy of the results of the review, except the name of the affected person shall
				not be disclosed,in the result copy, unless confidentiality was not requested
				pursuant to
				460:20-57-3(b),
				or if disclosure of that person is required by law.
(c) If the person requesting the informal
				review withdraws the request before the review is held, the informal review may
				be canceled.
(d) Informal review
				under this Section shall not affect any right to formal review under 45 O.S.,
				Section 786, or to a citizen's suit under 45 O.S, Section 774 .
(e) Any determination made under (b) of this
				Section shall constitute a decision of the Department within the meaning of OAC
				460:2-21-1 et seq., the
				Department's Rules of Practice and Procedure for the Coal Reclamation Act of
				1979.
Amended at 21 Ok Reg
				  2979, eff 7-26-04; Amended at 23 Ok Reg 3059, eff
				  7-27-06
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 57 - State Inspections › Section 460:20-57-7 - 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 of the Act, these Regulations, or Sections
				460:20-57-3
				shall be made immediately available to the public in the area of mining until
				at least five years after expiration of the period during which the subject
				operation is active or covered by any portion of a reclamation bond so that
				they are conveniently available to residents of that area; except:
(1) As otherwise provided by Federal law;
				and
(2) For information not
				required to be made available under Sections
				460:20-13-8,
				460:20-15-5(d),
				and (d) of this Section by either;
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 59 - State Enforecment › Section 460:20-59-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth general rules regarding
				  enforcement by the Department of the Act, these Regulations and all conditions
				  of permits and coal exploration approvals or permits imposed under the State
				  program, the Act, or this Chapter.
Amended at 12 Ok Reg
				  3592, eff 10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 59 - State Enforecment › Section 460:20-59-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
As used in this Subchapter, the following term have these
				  specified meanings:
"Unwarranted failure to comply"
means the
				  failure of a permittee to prevent the occurrence of any violation of his or her
				  permit or any requirement of the Act due to indifference, lack of diligence, or
				  lack of reasonable care, or the failure to abate any violation of such permit
				  of the Act due to indifference, lack of diligence, or lack of reasonable
				  care.
Amended at 27 Ok Reg
				  2558, eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 59 - State Enforecment › Section 460:20-59-3 - Cessation orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
An order of cessation:
(1) The
				Director or his or her authorized representative shall immediately order a
				cessation of surface coal mining and reclamation operations or of the relevant
				portion thereof, if he or she finds, on the basis of any inspection, any
				condition or practice, or any violation of the Act, this Chapter , any
				applicable program, or any condition of an exploration approval or permit
				imposed under any such program, the Act, or this Chapter which:
(A) Creates an imminent danger to the health
				or safety of the public; or
(B) Is
				causing or can reasonably be expected to cause significant, imminent
				environmental harm to land, air, or water resources.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 59 - State Enforecment › Section 460:20-59-4 - Notices of violation

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Director or his authorized representative shall issue a notice of violation if,
				on the basis of a inspection he or she finds a violation of the Act, these
				regulations, or any condition of a permit or exploration approval imposed under
				the Act or these Regulations, which does not create an imminent danger or harm
				for which a cessation order must be issued under Section
				460:20-59-3.
(b) A notice of violation issued under this
				Section shall be in writing and signed by the authorized representative who
				issues it, 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 replacement of
				interim steps; and
(4) A reasonable
				description of the portion of the coal exploration or surface coal mining and
				reclamation operation to which it applies.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 59 - State Enforecment › Section 460:20-59-5 - Suspension or revocation of permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Show cause order.
(1) The Compliance Manager shall issue an
				order to a permittee requiring him or her to show cause why his or her permit
				and right to mine under the Act should not be suspended or revoked, if the Coal
				Administrator determines that a pattern of violations of any requirement of the
				Act, this Chapter, the applicable program, or any permit condition required by
				the Act exists or has existed, and that the violations were caused by the
				permittee willfully or through unwarranted failure to comply with those
				requirements or conditions. Violations by any person conducting surface coal
				mining operations on behalf of the permittee shall be attributed to the
				permittee, unless the permittee establishes that they were acts of deliberate
				sabotage. The Compliance Manager shall promptly file a copy of any order to
				show cause with the Department.
(2)
				The Coal Administrator may determine that a pattern of violations exists or has
				existed, based upon two or more inspections of the permit area within any
				12-month period, after considering the circumstances, including:
(A) The number of violations, cited on more
				than one occasion, of the same or related requirements of the Act, this
				Chapter, the applicable program, or the permit;
(B) The number of violations, cited on more
				than one occasion, of different requirements of the Act, this Chapter, the
				applicable program, or the permit; and
(C) The extent to which the violations were
				isolated departures from lawful conduct.
(3) The Coal administrator shall promptly
				review the history of violations of any permittee who has been cited for
				violations of the same or related requirements of the Act, this Chapter, the
				applicable program, or the permit during three or more State inspections of the
				permit area within any 12-month period. If, after such review, the Coal
				Administrator determines that pattern of violations exists or has existed, he
				or she shall issue written findings and pursuant to these findings the
				Compliance Manager shall issue an order to show cause as provided in Paragraph
				(a)(1) of this Section.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 59 - State Enforecment › Section 460:20-59-6 - Service of notices of violation, cessation orders, and show-cause orders

Current through Vol. 41, No. 20, July 1, 2024
(a) A notice of
				violation, cessation order, or show-cause order shall be served on the person
				to whom it is directed or his or her designated agent promptly after issuance,
				as follows:
(1) By tendering a copy at the
				coal exploration or surface coal mining and reclamation operation to the
				designated agent or to the individual who, based upon reasonable inquiry,
				appears to be in charge. 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 Paragraph (a) (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 permittee or his or her 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 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 59 - State Enforecment › Section 460:20-59-7 - Informal 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 an informal
				public hearing has been held within that time. The hearing shall be held at or
				reasonably close to the mine site so that it may be viewed during the hearing
				or at any other location acceptable to the Department and the person to whom
				the notice or order was issued. The Oklahoma Department of Mines Department in
				Oklahoma City shall be deemed to be reasonably close to the mine site unless a
				closer location is requested and agreed to by the Department. Expiration of a
				notice or order shall not affect the Department's right to assess civil
				penalties with respect to the period during which the notice or order was in
				effect. No hearing will be required where the condition, practice, or violation
				in question has been abated or the hearing has been waived. For purposes of
				this Section only, "mining" includes:
(1)
				extracting coal from the earth or from coal waste piles and transporting it
				within or from the permit area, and
(2) the processing, cleaning, concentrating,
				preparing, or loading of coal where such operations occur at a place other than
				at a mine site.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 59 - State Enforecment › Section 460:20-59-8 - Formal review of citations

Current through Vol. 41, No. 20, July 1, 2024
(a) A person issued a notice of violation or
				cessation order under Section
				460:20-59-3 or
				460:20-59-4,
				or a person having an interest which is or may be adversely affected by the
				issuance, modification, vacation, or termination of a notice or order, may
				request review of that action by filing an application for review and request
				for hearing under the Rules of Practice and Procedure, within 30 days after
				receiving notice of the action.
(b)
				The filing of an application for review and request for a hearing under this
				Section shall not operate as a stay of any notice or order, or of any
				modification, termination, or vacation of either.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 59 - State Enforecment › Section 460:20-59-9 - Inability to comply

Current through Vol. 41, No. 20, July 1, 2024
(a) No
				cessation order or notice of violation issued under this part may be vacated
				because of inability to comply.
(b)
				Inability to comply may not be considered in determining whether a pattern of
				violations exists.
(c) Unless
				caused by lack of diligence, inability to comply may be considered only in
				mitigation of the amount of civil penalty under Subchapter 61 of this Chapter
				and of the duration of the suspension of a permit under Section
				460:20-59-5(c).