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 59 - State Enforecment › Section 460:20-59-10 - Injunction relief

Current through Vol. 41, No. 20, July 1, 2024
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 other order, in the district
				  court for the district in which the coal exploration or surface coal mining and
				  reclamation operation is located or in which the operator to whom the notice or
				  order has been issued has his principal Department, whenever that operator, or
				  his agent, in violation of the Act, this Chapter, or any condition of an
				  exploration approval or permit imposed under the Act or this Chapter:
(1) violates or fails or refuses to comply
				with any order or decision of the Department under the Act or these
				Regulations;
(2) Interferes with,
				hinders, or delays the Department in carrying out the provisions of the Act or
				these Regulations;
(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 record; or
(7) Refuses to permit inspection of
				monitoring equipment.
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 460:20-59-11 - Compliance conference

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				permittee may request an on-site compliance conference with an authorized
				representative to review the compliance status of any condition or practice
				proposed at any coal exploration or surface coal mining and reclamation
				operation. Any such conference shall not constitute an inspection within the
				meaning of 45 O.S.1981, Section 766 and OAC
				460:20-57-2.
(b) The Department may accept or refuse any
				request to conduct a compliance conference under (a) of this Section. Where the
				Department accepts such a request, reasonable notice of the scheduled date and
				time of the compliance conference shall be given to the permittee.
(c) The authorized representative at any
				compliance conference shall review such proposed conditions and practices as
				the permittee may request in order to determine whether any such condition or
				practice may become a violation of any requirement of the Act or any applicable
				permit or exploration approval.
(d)
				Neither the holding of a compliance conference under this Section nor any
				opinion given by the authorized representative at such a conference shall
				affect:
(1) Any rights or obligations of the
				Department or of the permittee with respect to any inspection, notice of
				violation, or cessation order, whether prior or subsequent to such conference;
				or
(2) The validity of any notice
				of violation or cessation order issued with respect to any condition or
				practice reviewed at the compliance conference.
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 460:20-59-12 - Enforcement actions at abandoned sites

Current through Vol. 41, No. 20, July 1, 2024
The Department may refrain from issuing a notice of violation
				  or cessation order for a violation at an abandoned site, as defined in Section
				  460:20-57-2(e)
				  of this chapter if abatement of the violation is required under any previously
				  issued notice order.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter covers the assessment of civil penalties
				  pursuant to 45 O.S. 1981, Section 769, with respect to cessation orders and
				  notices of violation issued under Subchapter 59 of this Chapter, except for the
				  assessments of individual civil penalties which is covered in Subchapter 63 of
				  this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
Civil penalties are assessed pursuant to 45 O.S. 1981,
				  Section 769, to deter violations and to ensure maximum compliance with the
				  terms and purposes of the Act on the part of the coal mining
				  industry.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-3 - How assessments are made

Current through Vol. 41, No. 20, July 1, 2024
The Department shall review each notice of violation and
				  cessation order in accordance with the assessment procedures described in
				  Sections
				  460:20-61-4,
				  460:20-61-5,
				  460:20-61-6,
				  460:20-61-7,
				  and
				  460:20-61-8
				  to determine whether a civil penalty will be assessed, the amount of the
				  penalty, and whether each day of a continuing violation will be deemed a
				  separate violation for purposes of the total penalty
				  assessed.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-4 - When penalty will be assessed

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall assess a penalty for
				each cessation order.
(b) The
				Department shall assess a penalty for each notice of violation, if the
				violation is assigned 31 points or more under the point system described in
				Section
				460:20-61-5.
(c) The Department may assess a penalty for
				each notice of violation assigned 30 points or less under the point system
				described in Section
				460:20-61-5.
				In determining whether to assess a penalty, the Department shall consider the
				factors listed in Section
				460:20-61-5.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-5 - Point system for penalties

Current through Vol. 41, No. 20, July 1, 2024
The Department shall use the point system described in this
				  Section to determine the amount of the penalty and, in the case of notices of
				  violation, whether a mandatory penalty should be assessed as provided in
				  Section
				  460:20-61-4(b).
				  Points shall be assigned as follows:
(1)
History of previous
				violations.
The Department shall assign up to 30 points based on the
				history of previous violations. One point shall be assigned for each past
				violation contained in a notice of violation. Five points shall be assigned for
				each violation (but not a condition or practice) contained in a cessation
				order. The history of previous violations, for the purpose of assigning points,
				shall be determined and the points assigned with respect to a particular coal
				exploration or surface coal mining operation. Points shall be assigned as
				follows:
(A) A violation shall not be counted,
				if the notice or order is the subject of pending administrative or judicial
				review or if the time to request such review or to appeal any administrative or
				judicial decision has not expired, and thereafter it shall be counted for only
				1 year;
(B) No violation for which
				the notice or order has been vacated shall be counted; and
(C) Each violation shall be counted without
				regard to whether it led to a civil penalty assessment.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-6 - Determination of amount of penalty

Current through Vol. 41, No. 20, July 1, 2024
The Department shall determine the amount of any civil
				  penalty by converting the total number of points assigned under Section
				  460:20-61-5
				  to a dollar amount, according to the following schedule:
POINTS
DOLLARS
POINTS
DOLLARS
1
$20
36
1,600
2
40
37
1,700
3
60
38
1,800
4
80
39
1,900
5
100
40
2,000
6
120
41
2,100
7
140
42
2,200
8
160
43
2,300
9
180
44
2,400
10
200
45
2,500
11
220
46
2,600
12
240
47
2,700
13
260
48
2,800
14
280
49
2,900
15
300
50
3,000
16
320
51
3,100
17
340
52
3,200
18
360
53
3,300
19
380
54
3,400
20
400
55
3,500
21
420
56
3,600
22
440
57
3,700
23
460
58
3,800
24
480
59
3,900
25
500
60
4,000
26
600
61
4,100
27
700
62
4,200
28
800
63
4,300
29
900
64
4,400
30
1,000
65
4,500
31
1,100
66
4,600
32
1,200
67
4,700
33
1,300
68
4,800
34
1,400
69
4,900
35
1,500
70 & above
5,000
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-7 - Assessment of separate violations for each day

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may assess separately a
				civil penalty for each day from the date of issuance of the notice of violation
				or cessation order to the date set for abatement of the violation. In
				determining whether to make such an assessment, the Department shall consider
				the factors listed in Section
				460:20-61-5
				may consider the extent to which the person to whom the notice or order was
				issued gained any economic benefit as a result of a failure to comply. For any
				violation which continues for 2 or more days and which is assigned more than 70
				points under Section
				460:20-61-5,
				the Department shall assess a penalty for a minimum of 2 separate
				days.
(b) In addition to the civil
				penalty provided for in (a), whenever a violation contained in a notice of
				violation or cessation order has not been abated within the abatement period
				set in the notice or order or as subsequently extended pursuant to 45 O.S.
				1981, Section 869H, a civil penalty of not less than $750 shall be assessed for
				each day during which such failure to abate continues, except that:
(1)
(A) If
				suspension of the abatement requirements of the notice or order is ordered in a
				temporary relief proceeding under 45 O.S.1981, Section 786C, after a
				determination that the person to whom the notice or order was issued will
				suffer irreparable loss or damage from the application of the requirements, the
				period permitted for abatement shall not end until the date on which the
				Department issues a final order with respect to the violation in question;
				and
(B) If the person to whom the
				notice or order was issued initiates review proceedings under 45 O.S. 1981,
				Section 787 with respect to the violations, in which the obligations to abate
				are suspended by the court pursuant to 45 O.S. 1981, Section 787, the daily
				assessment of a penalty shall not be made for any period before entry of a
				final order by the court;
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-8 - Waiver of use of formula to determine civil penalty

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director, upon his own initiative or
				upon written request received within 15 days of issuance of a notice of
				violation or a cessation order, may waive the use of the formula contained in
				Section
				460:20-61-5
				to set the civil penalty, if he or she determines that, taking into account
				exceptional factors present in the particular case, the penalty is demonstrably
				unjust. However, the Director shall not waive the use of the formula or reduce
				the proposed assessment on the basis of an argument that a reduction in the
				proposed penalty could be used to abate violations of the Act, these
				Regulations, the state program, or any condition of any permit or exploration
				approval. The basis for every waiver shall be fully explained and documented in
				the records of the case.
(b) If the
				Director waives the use of the formula, he or she shall use the criteria set
				forth in Section
				460:20-61-5
				to determine the appropriate penalty. When the Department has elected to waive
				the use of the formula, he or she shall give a written explanation of the basis
				for the assessment made to the person whom the notice or order was
				issued.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-9 - Procedures for assessment of civil penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) Within 15 days of service of notice or
				order, the person to whom it was issued may submit written information about
				the violation to the Department and to the inspector who issued the notice of
				violation or cessation order. The Department shall consider any information so
				submitted in determining the facts surrounding the violation and the amount of
				the penalty.
(b) The Department
				shall serve a copy of the proposed assessment and of the worksheet showing the
				computation of the proposed assessment on the person to whom the notice or
				order was issued, by certified mail, within 30 days of the issuance of the
				notice or order.
(1) If the mail is tendered
				at the address of that person set forth in the sign required under Section
				460:20-43-3 of
				these Regulations, or at any address at which that person is in fact located,
				and he or she refuses to accept delivery of or to collect such mail, the
				requirements of this Paragraph shall be deemed to have been complied with upon
				such tender.
(2) Failure by the
				Department to serve any proposed assessment within 30 days shall not be grounds
				for dismissal of all or part of such assessment unless the person against whom
				the proposed penalty has been assessed:
(A)
				Proves actual prejudice as a result of the delay; and
(B) Makes a timely objection to the delay. An
				objection shall be timely only if made in the normal course of administrative
				review.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-10 - Procedures for assessment conference

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall arrange for a
				conference to review the proposed assessment or reassessment, upon written
				request of the person to whom notice or order was issued, if the request is
				received within 30 days from the date the proposed assessment or reassessment
				is mailed.
(b)
Assessment
				conference.
(1) The Department shall
				assign a conference officer to hold the assessment conference. The assessment
				conference shall be held within 60 days from the date of issuance of the
				proposed assessment or the end of the original abatement period, whichever is
				later, Provided: That a failure by the Department to hold such conference
				within 60 days shall not be grounds for dismissal of all or part of an
				assessment unless the person against whom the proposed penalty has been
				assessed proves actual prejudice as a result of the delay.
(2) The Department shall post notice of the
				time and place of the conference at the State or field office closest to the
				mine at least 5 days before the conference. Any person shall have a right to
				attend and participate in the conference.
(3) The conference officer shall consider all
				relevant information on the violation. Within 30 days after the conference is
				held, the conference officer shall either:
(A)
				Settle the issues, in which case a settlement agreement shall be prepared and
				signed by the conference officer on behalf of the Department and by the person
				assessed; or
(B) Affirm, raise,
				lower, or vacate the penalty.
(4) An increase or reduction of a proposed
				civil penalty assessment of more than 25 percent and more than $500 shall not
				be final and binding, until approved by the Director.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-11 - Request for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				person charged with the violation may contest the proposed penalty or the fact
				of the violation by submitting a petition and an amount equal to the proposed
				penalty or, if a conference has been held, the reassessed or affirmed penalty
				to the Department (to be held in escrow as provided in (b) of this Section)
				within 30 days from receipt of the proposed assessment or reassessment or 30
				days from the date of service of the conference officer's action, whichever is
				later. The fact of the violation may not be contested if it has been decided in
				a review proceeding commenced under Section
				460:20-59-8.
(b) All funds submitted under (a) of this
				Section to the Department, which shall hold them in escrow pending completion
				of the administrative and judicial review process, at which time it shall
				disburse them as provided in Section
				460:20-61-12.
Amended at 16 Ok Reg
				  3526, eff 9-13-99
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-12 - Final assessment and payment of penalty

Current through Vol. 41, No. 20, July 1, 2024
(a) If the person to whom a notice of
				violation or cessation order is issued fails to request a hearing as provided
				in Section
				460:20-61-11,
				the proposed assessment shall become a final order of the Director and the
				penalty assessed shall become due and payable upon expiration of the time
				allowed to request a hearing.
(b)
				If any party requests judicial review of a final order of the Director, the
				proposed penalty shall continue to be held in escrow until completion of the
				review. Otherwise, subject to (c) of this Section, the escrowed funds shall be
				transferred to the Department in payment of the penalty, and the escrow shall
				end.
(c) If the final decision in
				the administrative and judicial review results in an order reducing or
				eliminating the proposed penalty assessed under this subchapter, the Department
				shall within 30 days of receipt of the order refund to the person assessed all
				or part of the escrowed amount, with interest from the date of payment into
				escrow to the date of the refund at the rate of 6 percent or at the prevailing
				Department of the Treasury rate, whichever is greater.
(d) If the review results in an order
				increasing the penalty, the person to whom the notice or order was issued shall
				pay the difference to the Department within 15 days after the order is mailed
				to such person.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 61 - Civil Penalties › Section 460:20-61-13 - Use of civil penalties for reclamation

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director may utilize money collected
				by the State of Oklahoma pursuant to the assessment of civil penalties for
				reclamation of lands adversely affected by coal mining practices after August
				3, 1977.
(b) The Director may
				allocate funds at his discretion for reclamation projects on lands within the
				State based on the following priorities.
(1)
				Bond forfeiture sites with imminent environmental harm.
(2) All other State bond forfeiture
				sites.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 63 - Individual Civil Penalties › Section 460:20-63-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This subchapter covers the assessment of individual civil
				  penalties pursuant to 45 O.S., 1981 Section 769.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 63 - Individual Civil Penalties › Section 460:20-63-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked 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 63 - Individual Civil Penalties › Section 460:20-63-3 - When an individual civil penalty may be assessed

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as provided in (b) of this
				section, the Department may assess an individual civil penalty against any
				corporate director, officer or agent of a corporate permittee who knowingly and
				willfully authorized, ordered or carried out a violation, failure or
				refusal.
(b) The Department shall
				not assess an individual civil penalty in situations resulting from a permit
				violation by a corporate permittee until a cessation order has been issued by
				the Department to the corporate permittee for the violation, and the cessation
				order has remained unabated for 30 days.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 63 - Individual Civil Penalties › Section 460:20-63-4 - Amount of individual civil penalty

Current through Vol. 41, No. 20, July 1, 2024
(a) In determining the amount of an
				individual civil penalty assessed under Section
				460:20-63-3,
				the Department shall consider the criteria specified in section 769(a) of the
				Act, including:
(1) The individual's history
				of authorizing, ordering or carrying out previous violations, failures or
				refusals at the particular surface coal mining operation;
(2) The seriousness of the violation, failure
				or refusal (as indicated by the extent of damage and/or the cost of
				reclamation), including any irreparable harm to the environment and any hazard
				to the health or safety of the public; and
(3) The demonstrated good faith of the
				individual charged in attempting to achieve rapid compliance after notice of
				the violation, failure or refusal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 63 - Individual Civil Penalties › Section 460:20-63-5 - Procedure for assessment of individual civil penalty

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice.
The Department shall
				service on each individual to be assessed an individual civil penalty a notice
				of proposed individual civil penalty assessment, including a narrative
				explanation of the reasons for a penalty, the amount to be assessed, and a copy
				of any underlying notice of violation and cessation order.
(b)
Final order and opportunity for
				review.
The notice of proposed individual civil penalty assessment shall
				become a final order of the Director 30 days after service upon the individual
				unless:
(1) The individual files within 30
				days of service of the notice proposed individual civil penalty assessment a
				petition for review with the Oklahoma Department of Mines, 2915 N. Classen
				Blvd., Suite 213, Oklahoma City, Oklahoma 73106, according to the Rules of
				Practice and Procedures.
(2) The
				Department and the individual or responsible corporate permittee agree within
				30 days of service of the notice of proposed individual civil penalty
				assessment to a schedule or plan for the abatement or correction of the
				violation, failure, or refusal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 63 - Individual Civil Penalties › Section 460:20-63-6 - Payment of penalty

Current through Vol. 41, No. 20, July 1, 2024
(a)
No abatement or appeal.
If a notice of proposed individual civil
				penalty assessment becomes a final order in the absence of a petition for
				review or abatement agreement, the penalty shall be due upon issuance of the
				final order.
(b)
Appeal.
If an individual named in a notice of proposed individual
				civil penalty assessment files a petition for review, the penalty shall be due
				upon issuance of a final administrative order affirming, increasing or
				decreasing the proposed penalty.
(c)
Abatement agreement.
Where
				the Department and the corporate permittee or individual have agreed in writing
				on a plan for the abatement of or compliance with the unabated order, an
				individual named in a notice of proposed individual civil penalty assessment
				may postpone payment until receiving either a final order from the Department
				stating that the penalty is due on the date of such final order, or written
				notice that abatement or compliance is satisfactory and the penalty has been
				withdrawn.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 64 - Alternative Enforcement › Section 460:20-64-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This part governs the use of measures provided in sections
				  769(G) and (I), and 780 of the Act for criminal penalties and civil actions to
				  compel compliance with provisions of the Act.
Added 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 64 - Alternative Enforcement › Section 460:20-64-2 - General provisions

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Whenever a court of competent jurisdiction enters a judgment against or
				convicts a person under these provisions, the Department must update AVS to
				reflect the judgment or conviction.
(b) The existence of a performance bond or
				bond forfeiture cannot be used as the sole basis for determining that an
				alternative enforcement action is unwarranted.
(c) Nothing in this part eliminates or limits
				any additional enforcement rights or procedures available the Department under
				other State law.
Added 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 64 - Alternative Enforcement › Section 460:20-64-3 - Criminal penalties

Current through Vol. 41, No. 20, July 1, 2024
Under sections 769(G) and (I) of the Act, the Department, may
				  request the Oklahoma Attorney General to pursue criminal penalties against any
				  person who:
(1) Willfully and
				knowingly violates a condition of the permit;
(2) Willfully and knowingly fails or refuses
				to comply with:
(A) Any order issued under
				section 780 of the Act; or
(B) Any
				order incorporated into a final decision issued by the Secretary under the Act,
				except for those orders specifically excluded under section 780 of the
				Act;
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 64 - Alternative Enforcement › Section 460:20-64-4 - Civil actions for relief

Current through Vol. 41, No. 20, July 1, 2024
(a) Under Section 780 of the Act, the
				Department may request the Oklahoma Attorney General to institute a civil
				action for relief whenever the Applicant or its Agent:
(1) Violates or fails or refuses to comply
				with any order or decision that the Department issues under the Act or this
				Chapter;
(2) Interferes with,
				hinders, or delays the Department in carrying out the provisions of the Act or
				its implementing regulations;
(3)
				Refuses to admit authorized representatives onto the site of a surface coal
				mining and reclamation operation;
(4) Refuses to allow authorized
				representatives to inspect a surface coal mining and reclamation
				operation;
(5) Refuses to furnish
				any information or report that the Department requests under the Act or
				regulatory program; or
(6) Refuses
				to allow access to, or copying of, those records that the Department determines
				necessary to carry out the provisions of the Act and its implementing
				regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 65 - Permanent Regulatory Program Requirements: Standards for Certification of Blasters › Section 460:20-65-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This subchapter establishes the requirements and the
				  procedures applicable to the development of regulatory programs for training,
				  examination, and certification of persons engaging in or directly responsible
				  for the use of explosives in surface coal mining operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 65 - Permanent Regulatory Program Requirements: Standards for Certification of Blasters › Section 460:20-65-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
As used in this subchapter:
"Blaster"
means a person directly responsible
				  for the use of explosives in surface coal mining operations who is certified
				  under this part.
"OMTI"
means the Oklahoma Miner Training
				  Institute which is a major safety training school under the direct supervision
				  and control of the Oklahoma Mining Commission and the
				  Director.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 65 - Permanent Regulatory Program Requirements: Standards for Certification of Blasters › Section 460:20-65-3 - Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				of Mines is responsible for promulgating rules governing the training,
				examination, certification and enforcement of a blaster certification program
				for surface coal mining operations.
(b) The Department of Mines with assistance
				from OMTI developed and maintains a program to examine and certify all persons
				who are directly responsible for the use of explosives in surface coal mining
				operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 65 - Permanent Regulatory Program Requirements: Standards for Certification of Blasters › Section 460:20-65-4 - Training

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				shall establish procedures which require that:
(1) Persons seeking to become certified as
				blasters receive training including, but not limited to, the technical aspects
				of blasting operations and State and Federal laws governing the storage,
				transportation, and use of explosives; and
(2) Persons who are not certified and who are
				assigned to a blasting crew or assist in the use of explosives receive
				direction and on-the-job training from a blaster.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 65 - Permanent Regulatory Program Requirements: Standards for Certification of Blasters › Section 460:20-65-5 - Examination

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				shall ensure that candidates for blaster certification are examined by
				reviewing and verifying the:
(1) Competence of
				persons directly responsible for the use of explosives in surface coal mining
				operations through a written examination in technical aspects of blasting and
				State and Federal laws governing the storage, use, and transportation of
				explosives; and
(2) Practical field
				experience of the candidates as necessary to qualify a person to accept the
				responsibility for blasting operations in surface coal mining operations. Such
				experience shall demonstrate that the candidate possesses practical knowledge
				of blasting techniques, understands the hazards involved in the use of
				explosives, and otherwise has exhibited a pattern of conduct consistent with
				the acceptance of responsibility for blasting operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 65 - Permanent Regulatory Program Requirements: Standards for Certification of Blasters › Section 460:20-65-6 - Certification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance
				of certification.
The Department of Mines shall certify for a two-year
				period those candidates examined and found to be competent and to have the
				necessary experience to accept responsibility for blasting operations in
				surface coal mining operations.
(b)
Suspension and revocation.
(1)
				The Department, when practicable, following written notice and opportunity for
				a hearing, may, and upon a finding of willful conduct, shall suspend or revoke
				the certification of a blaster during the term of the certification or take
				other necessary action for any of the following reasons:
(A) Noncompliance with any order of the
				Department.
(B) Unlawful use in the
				work place of, or current addiction to, alcohol, narcotics, or other dangerous
				drugs.
(C) Violation of any
				provision of the State or Federal explosives laws or regulations.
(D) Providing false information or a
				misrepresentation to obtain certification.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 1 - General Requirements › Section 460:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The regulations of this Chapter establish the procedure
				  through which the Oklahoma Department of Mines will implement Title 63 O.S.
				  (1995), Sections 123.1 et seq. These regulations do not govern any blasting
				  activities on a mine site governed by Title 45, which includes both Coal and
				  Non-Coal Mining.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 1 - General Requirements › Section 460:25-1-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
The objective of this Chapter is to fulfill the purpose of 63
				  O.S. (1995), Section 123.1 et seq. in a manner which is consistent with the
				  language of the Title, its legislative history, other applicable laws, and
				  judicial interpretations.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 1 - General Requirements › Section 460:25-1-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Department of Mines is authorized to administer the
				  requirements of 63 O.S. (1995), Section 123.1 et seq., except authority which
				  may be retained by the State Fire Marshall pursuant to 63 O.S. (1995) Sections
				  141.2 et seq., and other state agencies to enforce State Laws and Regulations
				  which are not inconsistent with 63 O.S. (1995), set in 123.1 et seq., and the
				  regulations of this Chapter.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 1 - General Requirements › Section 460:25-1-4 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
The Department is responsible for the administration,
				  regulation and enforcement of all permitted blasting operations, and permit
				  exemptions, and the use of all blasting agents and explosives by any person,
				  which is not located within the area of a mining operation or site, pursuant to
				  O.S. Title 63, Section 123.1 et seq., The Oklahoma Explosive and Blasting
				  Regulations Act.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff 8-26-96; Amended at 15 Ok
				  Reg 3975, eff 8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 1 - General Requirements › Section 460:25-1-6 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) Chapter 25
				applies to all uses of explosives and blasting by all persons except those
				exempted in (b) of this section.
(b)
Exemptions.
The following
				persons are exempt from the requirements of
Chapter 25.
(1)
Oil and Gas Exploration
any person engaged in shooting wells or
				seismographic operations for the purpose of oil and gas production;
(2)
Mining operations
any mining
				operation regulated by Title 45 of the Oklahoma Statutes, which includes Coal
				and Non-Coal mining;
(3)
Non-Commercial use
any persons using explosives or blasting agents
				for noncommercial use on their own land, owned in fee or by contract, for the
				removal of trees, rocks and dams or for other normal agricultural
				purposes;
(4)
Incidental or
				Construction
any person who is using explosives or blasting agents as an
				incidental part of Federal, State or local government-financed highway or other
				Federal, State, or local government-financed construction; this exemption shall
				not apply to contractors of the person who is a party to the
				government-financed contract;
(5)
				Duly qualified bomb technicians of municipal, county, state, and federal law
				enforcement agencies for transportation, storage or disposal of any explosive
				chemical, compound or device, when such technician is performing
				responsibilities for the preservation of public peace, safety, or criminal
				investigation.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 1 - General Requirements › Section 460:25-1-7 - Information to be maintained on site

Current through Vol. 41, No. 20, July 1, 2024
Any person, exempted from permitting only, who uses
				  explosives or blasting agents must maintain the following documents on
				  site:
(1) A description of the
				project;
(2) The general location
				of the use of explosives or blasting agent, right-of-way or the boundaries of
				the area which will be directly affected by the use of explosives or blasting
				agents.
(3) A copy of the
				Application of and Request for Permit Exemption.
(4) A copy of the Affidavit of Permit
				Exemption.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff 8-26-96; Amended at 15 Ok
				  Reg 3975, eff 8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 1 - General Requirements › Section 460:25-1-8 - Petitions to initiate rulemaking

Current through Vol. 41, No. 20, July 1, 2024
(a) Any interested person may petition the
				Director of the Oklahoma Department of Mines to initiate a proceeding for the
				issuance, amendment, or repeal of any regulations under the Chapter. The
				petition shall be submitted to the Director, Oklahoma Department of Mines, 2915
				North Classen Blvd., Suite 213, Oklahoma City, Oklahoma 73106.
(b) The petition shall be a concise statement
				of the facts, technical justification, and law which require issuance,
				amendments, or repeal of a regulation under the Chapter and shall indicate
				whether the petitioner desires a public hearing.
(c) Upon review of the submitted petition,
				the Director shall determine if the petition sets forth the requirements of
				Subsection (b) of this Section as to provide a reasonable basis to initiate
				rulemaking action. If the Director determines that the petition has reasonable
				basis, a notice may be published in the Oklahoma Register seeking comment from
				the public on the proposed change. The Department may hold a public hearing,
				may conduct an investigation, or take other action to determine whether the
				petition should be granted.
(d) The
				Director's decision shall constitute the final decision of the Department.
(1) If the petition is granted, the Director
				shall initiate a rulemaking proceeding.
(2) If the petition is denied, the Department
				shall notify the petitioner in writing.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 1 - General Requirements › Section 460:25-1-9 - Availability of records [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 1 - General Requirements › Section 460:25-1-10 - Computation of time

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Except as otherwise provided, computation of time is based on calendar
				days.
(b) In computing any period
				of prescribed time, the day on which the designated period of time begins is
				not included. The last day of the period is included unless it is a Saturday,
				Sunday, or legal holiday on which the Department is not open for business, in
				which event the period runs until the end of the next day which is not
				Saturday, Sunday, or legal holiday.
(c) Intermediate Saturday, Sunday, or legal
				holidays are excluded from the computation when the period or prescribed time
				is seven or less.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 3 - General Requirements for Permits and Applications › Section 460:25-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter provides introductory material and
				  establishes minimum general criteria for permits and permit applications
				  requirements which are applicable to obtaining the Department's approval of
				  permit applications.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 3 - General Requirements for Permits and Applications › Section 460:25-3-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of this Subchapter are to ensure that the use
				  of explosives and blasting agents are conducted only under permits issued in
				  accordance with the requirements of the State regulatory program, that all
				  persons making timely application for permits, to provide general requirements
				  on permit fee systems, and to provide the general content requirements of
				  permit applications.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 3 - General Requirements for Permits and Applications › Section 460:25-3-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Mines is required by Oklahoma
				  Statutes Title 63, Section 123.1 et seq., to promulgate rules and regulations
				  to enforce the provisions of the Oklahoma Explosives and Blasting Regulations
				  Act.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 3 - General Requirements for Permits and Applications › Section 460:25-3-4 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Mines shall assume primary
				  responsibility for the regulation of explosives and blasting program meeting
				  all applicable requirements of 63 O.S. (1995), Section 123.1 et seq., and this
				  Chapter. The Oklahoma Department of Mines has responsibility for review and
				  decisions on issuing permits for blasting and the use of explosives for
				  compliance with 63 O.S., Section 123.1 et seq., and this Chapter, permits
				  approvals and for enforcement of the State program.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 3 - General Requirements for Permits and Applications › Section 460:25-3-5 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
Chapter 25 requirements shall be effective and shall apply to
				  each explosives and blasting operation which is required to obtain a permit
				  under 63 O.S. (1995), Section 123.1 et. seq., and those in
				  460:25-1-6(c)
				  and this Chapter, on or by June 1, 1996, upon which the Title 63 of the
				  Oklahoma Statutes and this Chapter requires a permit to be
				  obtained.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 3 - General Requirements for Permits and Applications › Section 460:25-3-6 - General requirements for permits - operators

Current through Vol. 41, No. 20, July 1, 2024
No person shall engage in or carry out blasting on
				  non-Federal or non-Indian lands within the State, or use explosives or blasting
				  agent unless that person has first obtained a valid permit issued by the
				  Department. Any person planning to use explosives for blasting must obtain a
				  valid permit issued by the Oklahoma Department of Mines, unless exempted by
				  460:25-1-6(b) or
				  (c).
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 3 - General Requirements for Permits and Applications › Section 460:25-3-7 - Compliance with permits

Current through Vol. 41, No. 20, July 1, 2024
All persons shall conduct the use of explosives and blasting
				  agent operations under permit issued pursuant to this Chapter and shall comply
				  with the terms and conditions of the permit and the requirements of 63 O.S.
				  (1995), et seq., and this Chapter.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96