reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 3 - CCB Placement Applications › Section 460:30-3-2 - Environmental resources information; Cultural

Current through Vol. 41, No. 20, July 1, 2024
(a) All permits shall comply with the
				requirements of OAC 460:10 or OAC 46:20 as appropriate as well as the following
				Subchapter:
(b) A description of
				the current and historic cultural resources within and adjacent to the proposed
				mining permit area. The following minimum requirements apply to this
				description.
(1) A description of the historic
				resources that would be affected by the proposed operation. This description
				shall include comments from the State Historic Preservation Officer.
(2) A description of the population in and
				adjacent to the proposed mining permit area, as well as distance to and
				description of the nearest community to the proposed operation.
(3) Additional site information may be
				required if needed by the Department or other State agencies charged with
				protection of historic and cultural resources.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 3 - CCB Placement Applications › Section 460:30-3-3 - Environmental resources information: Hydrologic

Current through Vol. 41, No. 20, July 1, 2024
(a) Surface water information.
(1) Each application shall contain
				information on location, chemical composition, sources, and use of surface
				water resources within and adjacent to the proposed mining permit area,
				including, but not limited to ponds, impoundments, and open pits.
(2) Stream channels within the mining permit
				area shall be described according to classification, flow rate, source of
				discharge, and chemical analysis.
(3) The physical and chemical composition
				shall include the following information:
(A)
				Ash site surface water testing parameters: initial
(i) pH
(ii) TDS
(iii) TSS
(iv) Specific conductance
(v) Sulfates
(vi) Temperature
(vii) Total iron
(viii) Total manganese
(ix) Arsenic
(x) Barium
(xi) Cadmium
(xii) Chromium (total)
(xiii) Lead
(xiv) Fluoride
(xv) Selenium
(xvi) Flow in streams, flow rate of
				discharges of impoundments
(xvii)
				Impoundment freeboard
(xviii)
				Impoundment depth
(xix)
				Alkalinity
(xx) Chloride
(xxi) Nitrate
(xxii) Nitrite
(xxiii) Ammonia
(xxiv) Aluminum
(xxv) Calcium
(xxvi) Sodium
(xxvii) Additional parameters may be required
				by the Department based on conditions at the site.
(B) CKD site surface water testing
				parameters: initial
(i) Surface water
				elevation
(ii)
				Temperature
(iii) pH
(iv) Specific conductance
(v) TDS
(vi) Chloride
(vii) Sulfates
(viii) Potassium
(ix) Sodium
(x) Antimony
(xi) Arsenic
(xii) Barium
(xviii) Beryllium
(xiv) Cadmium
(xv) Chromium (total)
(xvi) Lead
(xvii) Mercury
(xviii) Nickel
(xix) Selenium
(xx) Silver
(xxi) Thallium
(xxii) Alkalinity
(xxiii) Aluminum
(xxiv) Calcium
(xxv) TSS
(xxvi) Additional parameters may be required
				by the Department based on conditions at the site.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 3 - CCB Placement Applications › Section 460:30-3-5 - Environmental resources information: Soils

Current through Vol. 41, No. 20, July 1, 2024
(a) A description of the soil types under the
				proposed mining permit area from United States Department of Agriculture
				Natural Resource Conservation Service county soil surveys or equivalent permit
				area soil survey is required. Such description shall contain the following at a
				minimum; lateral extent of each soil type under the mining permit area,
				thickness, color, composition, slopes, land use suitability and engineering
				properties.
(b) Additional soils
				description, including, but not limited to, permeability tests as specified by
				the Department may be required.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 3 - CCB Placement Applications › Section 460:30-3-6 - CCB placement: General

Current through Vol. 41, No. 20, July 1, 2024
The application shall contain a detailed narrative
				  description of the CCB placement operations to be conducted, including, but not
				  limited to the following:
(1) The
				method of CCB placement, including equipment dedicated to the
				operation.
(2) A description of the
				life expectancy of the operation, and the daily and annual quantities of CCB to
				be placed on the mining permit area, as well as the total quantity to be placed
				over the life of the operation.
(3)
				Sources of CCB to be placed on the mining permit area.
(4) A description of measures to be taken to
				ensure employee safety and the safety of the general public during CCB
				placement activities. This includes a plan to provide emergency services in
				case of injury or accident.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 3 - CCB Placement Applications › Section 460:30-3-7 - CCB placement: Analysis

Current through Vol. 41, No. 20, July 1, 2024
Each application shall contain a complete analysis of the CCB
				  to be placed in the mining permit area. An additional analysis of CCB placed in
				  the mining permit area will be submitted to the Department biennially and
				  annually. Specific parameters to be analyzed initially, biennially and annually
				  thereafter shall be:
(1) Ash testing
				parameters: initial, biennially, annually and if the source ash changes.
(A) T.C.L.P. analysis (Conducted biennially
				and if the source of ash changes)
(i)
				Arsenic
(ii) Barium
(iii) Cadmium
(iv) Chromium (total)
(v) Lead
(vi) Selenium
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 3 - CCB Placement Applications › Section 460:30-3-8 - CCB placement: Hydrologic balance protection

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
A general
				description of the surface drainage plan for the proposed operation shall be
				provided. This description shall include, but not be limited to, description of
				proposed handling of off-site drainage entering the mining permit area, mining
				permit area sediment control, measures to prevent CCB from entering water
				leaving the mining permit area, and general description of measures to prevent
				non-CCB contaminants from entering storm water leaving the mining permit
				area.
(b)
Surface water
				monitoring plan.
A plan for surface water monitoring shall include the
				following parameters to be analyzed annually and semi-annually:
(1) Ash site surface water testing
				parameters: annually
(A) pH
(B) TDS
(C) TSS
(D) Specific conductance
(E) Sulfates
(F) Temperature
(G) Total iron
(H) Total manganese
(I) Arsenic
(J) Barium
(K) Cadmium
(L) Chromium (total)
(M) Lead
(N) Fluoride
(O) Selenium
(P) Flow in streams, flow rate of discharges
				of impoundments
(Q) Impoundment
				freeboard
(R) Impoundment
				depth
(S) Alkalinity
(T) Chloride
(U) Nitrate
(V) Nitrite
(W) Ammonia
(X) Aluminum
(Y) Calcium
(Z) Sodium
(AA) Additional parameters may be required by
				the Department based on conditions at the site.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 3 - CCB Placement Applications › Section 460:30-3-9 - Mining permit maps: General

Current through Vol. 41, No. 20, July 1, 2024
(a) Maps submitted with applications shall
				include all the types of information that are set forth on topographic maps of
				the U.S. Geological Survey of the 1:24,000 scale series. Maps of the mining
				permit area shall be on a scale of one inch equals 200 feet (1:2400). General
				location maps and maps of the adjacent area shall clearly show the land and
				waters within those areas and be on a scale to be determined by the Department,
				but in no case shall be smaller than 1:24,000.
(b) The mining permit application shall
				include maps showing the following:
(1) The
				boundaries of the proposed mining permit area.
(2) All boundaries of lands and names of
				present owners of record of the surface of those lands included in or
				contiguous to the proposed mining permit area.
(3) The location, ownership, and uses of all
				buildings inside and within 1000 feet of the proposed mining permit
				area.
(4) The location of surface
				and subsurface man made features within or passing through the proposed mining
				permit area, including, but not limited to electric transmission lines,
				pipelines, and telephone lines.
(5)
				Each public road easement located in or within 100 feet of the proposed mining
				permit area.
(6) Each cemetery that
				is located in or within 100 feet of the proposed mining permit area.
(7) The boundaries of any public park,
				wildlife refuge, or recreational area within or bordering the proposed mining
				permit area.
(8) Other relevant
				information required by the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 3 - CCB Placement Applications › Section 460:30-3-10 - Mining permit maps and cross sections: Environmental resources

Current through Vol. 41, No. 20, July 1, 2024
(a) The mining
				permit application that includes the placement of CCB as a part ofits
				reclamation plan shall contain the following environmental resources maps:
(1) Locations and elevations of drill holes
				used to obtain soil, hydrologic, or geologic information.
(2) Locations and elevations of monitoring
				points used to obtain surface and ground water information used to prepare the
				mining permit application.
(3)
				Location of active, inactive, reclaimed, or abandoned surface and underground
				mines.
(4) Location of surface
				water bodies such as streams, ponds, lakes, springs, and irrigation ditches
				within and adjacent to the proposed mining permit area.
(5) Location of existing areas of mine and
				non-mine wastes, including CCB.
(6)
				Location of water, oil and gas wells within the proposed mining permit
				area.
(7) Potentiometric map
				indicating ground water elevations and movement of ground water in the mining
				permit area. Previously published data and mapping representative of the area
				may be utilized to comply with this requirement.
(8) Cross sections passing through the
				proposed CCB placement area. Such cross sections shall show relevant geologic
				and hydrologic information, and other relevant information as specified by the
				Department. The number of cross sections required is to be determined by the
				Department.
(9) Location of soil
				series units under the proposed mining permit area.
(10) A map showing the permit area in
				relation to 100-year flood plain areas as shown on maps published by the Untied
				States Geological Survey in cooperation with the United States Department of
				Housing and Urban Development.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 3 - CCB Placement Applications › Section 460:30-3-11 - Mining permit maps: Operations and reclamation plan

Current through Vol. 41, No. 20, July 1, 2024
Each application shall contain the following operations and
				  reclamation plan maps:
(1) Buildings,
				roads, facilities, and utility lines to be used.
(2) The detailed operation, according to the
				sequence of CCB placement.
(3) Each
				topsoil, cover material, CCB, and non-CCB waste storage area.
(4) Each water storage, treatment, discharge,
				and diversion facility to be used.
(5) Each air pollution control
				facility.
(6) Location of each
				sedimentation pond and permanent impoundment.
(7) A contoured map showing the final surface
				configuration of the disturbed area.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-1 - Scope and purpose

Current through Vol. 41, No. 20, July 1, 2024
This subchapter sets forth the minimum requirements for
				  filing and maintaining bonds and insurance for CCB operations under regulatory
				  programs in accordance with the Act. This Subchapter does not apply to Cement
				  Kiln Dust operations.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-2 - Department responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Department shall prescribe and furnish forms for filing performance
				bonds.
(b) The Department shall
				prescribe by regulation terms and conditions for performance bonds and
				insurance.
(c) The Department shall
				determine the amount of the bond for each area to be bonded, in accordance with
				Section
				460:30-4-7.
				The Department shall also adjust the amount as acreage in the permit area is
				revised, or when other relevant conditions change according to the requirements
				of Section
				460:30-4-8.
(d) The Department may accept a self-bond if
				the permittee meets the requirements of Section
				460:30-4-13 and any
				additional requirements in the State or Federal program.
(e) The Department shall release liability
				under a bond or bonds in accordance with Section
				460:30-4-15.
(f) If the conditions specified in Section
				460:30-4-16
				occur, the Department shall take appropriate action to cause all or part of a
				bond to be forfeited in accordance with procedures of that Section.
(g) The Department shall require in the
				permit that adequate bond coverage be in effect at all times. Except as
				provided in Section
				460:30-4-9(e)(2),
				operating without a bond is a violation of a condition upon which the permit is
				issued.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
As used in this Subchapter, the following terms, which describe types of performance bonds allowed by the Department, have these specified meanings, except where otherwise indicated:
"Collateral bond"
means an indemnity agreement in a sum certain executed by the permittee as principal which is supported by the deposit with the Department of one or more of the following:
(A) A cash account, which shall be the deposit of cash in one or more federally insured or equivalently protected accounts, payable only to the Department upon demand, or the deposit of cash directly with the Department;
(B) Negotiable bonds of the United States, a State, or a municipality, endorsed to the order of, and placed in the possession of, the Department;
(C) Negotiable certificates of deposit made payable or assigned to the Department and placed in its possession;
(D) An irrevocable letter of credit of any bank organized or authorized to transact business in the United States, payable only to the Department upon presentation;
(E) A perfected, first-lien security interest in real property in favor of the Department; or
(F) Other investment-grade rated securities having a rating of AAA, AA, or A or an equivalent rating issued by a nationally recognized securities rating service, endorsed to the order of, and placed in the possession of, the Department.
"Self-bond"
means an indemnity agreement in a sum certain executed by the permittee and the parent company guarantor and made payable to the Department, with or without separate surety.
"Surety bond"
means an indemnity agreement in a sum certain payable to the Department, executed by the permittee as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in the State where the operation is located.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-4 - Requirement to file a bond

Current through Vol. 41, No. 20, July 1, 2024
(a)
				After a permit application under has been approved, but before a permit is
				issued, the applicant shall file with the Department, on a form prescribed and
				furnished by the Department, a bond or bonds for performance made payable to
				the Department and conditioned upon the faithful performance of all the
				requirements of the Act, the regulatory program, the permit, and the
				reclamation plan.
(b)
Coverage.
(1) The bond or bonds
				shall cover the entire permit area, or an identifiedincrement of land within
				the permit area upon which the operator will initiate and conduct CCB
				operations during the initial term of the permit.
(2) As CCB operations on succeeding
				increments are initiated and conducted within the permit area, the permittee
				shall file with the Department an additional bond or bonds to cover such
				increments in accordance with this Section.
(3) The operator shall identity the initial
				and successive areas or increments for bonding on the permit application map
				submitted for approval as provided in the application (under Subchapters 27 and
				31 of this Chapter), and shall specify the bond amount to be provided for each
				area or increment.
(4) Independent
				increments shall be of sufficient size and configuration to provide for
				efficient reclamation operations should reclamation by the Department become
				necessary pursuant to Section
				460:30-4-16
				of this Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-5 - Form of the performance bond [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-6 - Period of liability

Current through Vol. 41, No. 20, July 1, 2024
(a)
Bond liability.
(1) Performance
				bond liability shall be for the duration of the CCB operation and for a period
				which is coincident with the operator's period of extended responsibility. For
				permits issued after July 1, 2011, the liability period is a minimum of five
				years.
(2) With the approval of the
				Department, a bond may be posted and approved to guarantee specific phases of
				reclamation within the permit area provided the sum of phase bonds posted
				equals or exceeds the total amount required under Sections
				460:30-4-7
				and
				460:30-4-8
				of this Subchapter. The scope of work to be guaranteed and the liability
				assumed under each phase bond shall be specified in detail.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-7 - Determination of bond amount

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The amount of the bond required for each bonded area shall:
(1) Be determined by the
				Department;
(2) Depend upon the
				requirements of the approved permit and reclamation plan;
(3) Reflect the probable difficulty of
				reclamation, giving consideration to such factors as topography, geology,
				hydrology, and revegetation potential; and
(4) Be based on, but not limited to, the
				estimated cost submitted by the permit applicant.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-8 - Adjustment of amount

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				amount of the bond or deposit required and the terms of the acceptance of the
				applicant's bond shall be adjusted by the Department from time to time as the
				area requiring bond coverage is increased or decreased or where the cost of
				future reclamation changes. The Department may specify periodic times or set a
				schedule for reevaluating and adjusting the bond amount to fulfill this
				requirement.
(b) The Department
				shall:
(1) Notify the permittee, the surety,
				and any person with a property interest in collateral who has requested
				notification under Section
				460:30-4-12(f)
				of this Subchapter of any proposed adjustment to the bond amount; and
(2) Provide the permittee an opportunity for
				an informal conference on the adjustment.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-9 - General terms and conditions of bond

Current through Vol. 41, No. 20, July 1, 2024
(a) The performance bond shall be in an
				amount determined by the Department as provided in Section
				460:30-4-7.
(b) The performance bond shall be payable to
				the Department.
(c) The performance
				bond shall be conditioned upon faithful performance of all the requirements of
				the Act, these Regulations, the regulatory program, and the approved permit,
				including completion of the reclamation plan.
(d) The duration of the bond shall be for the
				time period provided in Section
				460:30-4-6(e)
of this Subchapter.
(1) The bond shall provide a mechanism for a
				bank or surety company to give prompt notice to the Department and the
				permittee of any action filed alleging the insolvency or bankruptcy of the
				surety company, the bank, or the permittee, or alleging any violations which
				would result in suspension or revocation of the surety or bank charter or
				license to do business.
(2) Upon
				the incapacity of a bank or surety company by reason of bankruptcy, insolvency,
				or suspension or revocation of a charter or license, the permittee shall be
				deemed to be without bond coverage and shall promptly notify the Department.
				The Department, upon notification received through the procedures of (e)(1) of
				this Section or from the permittee, shall, in writing, notify the operator who
				is without bond coverage and specify a reasonable period, not to exceed 90
				days, to replace bond coverage. If an adequate bond is not posted by the end of
				the period allowed, the operator shall cease CCB placement and shall comply
				with the provisions of Section of the approved permit and this Chapter and
				shall immediately begin to conduct reclamation operations in accordance with
				the reclamation plan. CCB operations shall not resume until the Department has
				determined that an acceptable bond has been posted.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-11 - Surety bonds

Current through Vol. 41, No. 20, July 1, 2024
(a) A surety
				bond shall be executed by the operator and a corporate surety licensed to do
				business in the State where the operation is located.
(b) Surety bonds shall be noncancellable
				during their terms, except that surety bond coverage for lands not disturbed
				may be cancelled with the prior consent of the Department. The Department shall
				advise the surety, within 30 days after receipt of a notice to cancel bond,
				whether the bond may be cancelled on an undisturbed area.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-12 - Collateral bonds

Current through Vol. 41, No. 20, July 1, 2024
(a) Collateral
				bonds, except for letters of credit, cash accounts, and real property, shall be
				subject to the following conditions:
(1) The
				Department shall keep custody of collateral deposited by the applicant until
				authorized for release or replacement as provided in this Subchapter.
(2) The Department shall value collateral at
				its current market value, not at face value.
(3) The Department shall require that
				certificates of deposit be made payable to or assigned to the Department, both
				in writing and upon the records of the bank issuing the certificates. If
				assigned, the Department shall require the banks issuing these certificates to
				waive all rights of setoff or liens against those certificates.
(4) The Department shall not accept an
				individual certificate of deposit in an amount in excess of 100,000.00 dollars
				or the maximum insurable amount as determined by the Federal deposit Insurance
				Corporation or the Federal Savings and Loan Insurance Corporation.
(5) The Department shall only accept
				automatically renewable certificates of deposit.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-13 - Self-bonding

Current through Vol. 41, No. 20, July 1, 2024
(a) As used in this
				Section, the following terms have specified meanings, except where otherwise
				indicated:
(1)
"Current assets"
means cash or other assets or resources which are reasonably expected to be
				converted to cash or sold or consumed within 1 year or within the normal
				operating cycle of the business.
(2)
"Current liabilities"
means
				obligations which are reasonably expected to be paid or liquidated within 1
				year or within the normal operating cycle of the business.
(3)
"Fixed assets"
means plants
				and equipment, but does not include land.
(4)
"Liabilities"
means
				obligations to transfer assets or provide services to other entities in the
				future as a result of past transactions.
(5)
"Net worth"
means total
				assets minus total liabilities and is equivalent to owners' equity.
(6)
"Parent corporation"
means a
				corporation which owns or controls the applicant.
(7)
"Tangible net worth"
means
				net worth minus intangibles such as goodwill and rights to patents or
				royalties.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-14 - Replacement of bonds

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department may allow a permittee to replace existing bonds with other bonds
				that provide equivalent coverage.
(b) The Department shall not release existing
				performance bonds until the permittee has submitted, and the Department has
				approved, acceptable replacement performance bonds. Re-placement of a
				performance bond pursuant to this Section shall not constitute a release of
				bond under Section
				460:30-4-15
				of this Chapter.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-15 - Requirement to release performance bonds

Current through Vol. 41, No. 20, July 1, 2024
(a)
Bond release application.
(1) The permittee may file an application
				with the Department for the release of all or part of a performance bond.
				Applications may be filed only at times or during seasons authorized by the
				Department in order to properly evaluate the completed reclamation operations.
				The times or seasons appropriate for the evaluation of certain types of
				reclamation shall be established in the regulatory program or identified in the
				mining and reclamation plan this Chapter and approved by the
				Department.
(2) Within 30 days
				after an application for bond release has been filed with the Department, the
				operator shall submit a copy of an advertisement placed at least once a week
				for four consecutive weeds in a newspaper of general circulation in the
				locality of the CCB operation. The advertisement shall be considered part of
				any bond release application and shall contain the permittee's name, permit
				number and approval date, notification of the precise location of the land
				affected, the number of acres, the type and amount of the bond filed and the
				portion sought to be released, the type and appropriate dates of reclamation
				work performed, a description of the results achieved as they relate to the
				operator's approved reclamation plan, and the name and address of the
				Department to which written comments, objections, or requests for public
				hearings and informal conferences on the specific bond release may be submitted
				pursuant to (f) and (h) of this Section. In addition, as part of any bond
				release application, the applicant shall submit copies of letters which he or
				she has sent to adjoining property owners, surface owners, local governmental
				bodies, planning agencies, sewage and water treatment-authorities, and water
				companies in the locality in which the CCB operation took place, notifying them
				of the intention to seek release from the bond.
(3) The permittee shall include in the
				application for bond release a notarized statement which certifies that all
				applicable reclamation activities have been accomplished in accordance with the
				requirements of 45 O.S. Section 1.5 et seq., this Chapter, and the approved
				reclamation plan. Such certification shall be submitted for each application or
				phase of bond release.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 4 - Bond Requirements for CCB Operations › Section 460:30-4-16 - Forfeiture of bonds

Current through Vol. 41, No. 20, July 1, 2024
(a) If an
				operator refuses or is unable to conduct reclamation of an unabated violation,
				if the terms of the permit are not met, or if the operator defaults on the
				conditions under which the bond was accepted, the Department shall take the
				following action to forfeit all or part of a bond or bonds for any permit area
				or an increment of a permit area:
(1) Send
				written notification by certified mail, return receipt requested, to the
				permittee and the surety on the bond, if any, informing them of the
				determination to forfeit all or part of the bond, including the reasons for the
				forfeiture and the amount to be forfeited.
(2) Advise the permittee and surety, if
				applicable, of the conditions under which forfeiture may be avoided. Such
				conditions may include, but are not limited to:
(A) Agreement by the permittee or another
				party to perform reclamation operations in accordance with a compliance
				schedule which meets the conditions of the permit, the reclamation plan, and
				the regulatory program and a demonstration that such party has the ability to
				satisfy the conditions; or
(B) The
				Department may allow a surety to complete the reclamation plan, or the portion
				of the reclamation plan applicable to the bonded phase or increment, if the
				surety can demonstrate an ability to complete the reclamation in accordance
				with the approved reclamation plan. Except where the Department may approve
				partial release authorized under Section
				460:30-4-15
				of this Subchapter, no surety liability shall be released until successful
				completion of all reclamation under the terms of the permit, including the
				applicable liability periods of Section
				460:30-4-6 of
				this Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the minimum environmental
				  protection performance standards to be adopted and implemented under this
				  Chapter for mining permits that include CCB placement as part of its
				  reclamation plan.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter is intended to ensure that all CCB placement
				  operations are conducted in a manner which preserves environmental and other
				  values.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-3 - Signs and markers

Current through Vol. 41, No. 20, July 1, 2024
(a) Signs
				and markers shall:
(1) Be posted and
				maintained by the person who conducts mining that includes CCB placement as
				part of its reclamation plan.
(2)
				Be made of durable materials.
(3)
				Be of a uniform design that can be easily seen and read.
(4) Be maintained during the life of the
				operations and until release of all performance bonds.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-4 - Management of drilled holes

Current through Vol. 41, No. 20, July 1, 2024
All holes drilled in conjunction with environmental resources
				  data collection that are not being utilized as monitoring wells shall be
				  adequately plugged to prevent surface contamination of or cross-communication
				  between aquifers in a manner to be prescribed by the
				  Department.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-5 - Topsoil and subsoil

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Topsoil encountered during CCB placement operations shall be salvaged and
				stored for reclamation of the CCB placement area prior to surface disturbance
				of the affected area.
(b) Where
				topsoil is unavailable or of poor quality, subsoil or other materials approved
				by the Department shall be segregated and stored for final closure of the
				mining permit, including CCB placement, area.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-6 - Hydrologic balance protection: General

Current through Vol. 41, No. 20, July 1, 2024
(a) CCB placement and reclamation operations
				shall be conducted in a manner that minimizes diminution of quantity and
				quality of surface and ground water.
(b) CCB shall not be placed in artesian
				waters or over springs.
(c) CCB may
				not be placed within 8 feet of the water table, unless the Department approves
				placement within 8 feet based upon a demonstration that groundwater
				contamination will not occur.
Added at 20 Ok Reg 2819,
				  eff 8-26-03; Amended at 28 Ok Reg 2371, eff
				  9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-7 - Flood-prone areas

Current through Vol. 41, No. 20, July 1, 2024
CCB shall not be placed in areas identified within 100-year
				  flood plain areas as described in maps published by the United States
				  Geological Survey in cooperation with the U.S. Department of Housing and Urban
				  Development unless engineered to allow for the area to be excluded from the
				  100-year flood plain area. These areas are subject to Departmental
				  approval.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-8 - Hydrologic balance: Effluent limitations

Current through Vol. 41, No. 20, July 1, 2024
Other provisions of these Regulations notwithstanding, the
				  permittee shall conduct mining and CCB placement operations in a manner that
				  complies with effluent discharge standards contained in the permittee's
				  National Pollutant Discharge Elimination System permit, if required by the
				  United States Environmental Protection Agency, or its equivalent State
				  enforcement agency; and the discharge standards specified at 40 CFR Part 425 -
				  699.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-9 - Hydrologic balance: Sediment control measures

Current through Vol. 41, No. 20, July 1, 2024
CCB placement and reclamation operations shall be conducted
				  in a manner that minimizes erosion and retains sediment on the mining permit
				  area, using the best available control technology. Sediment control measures
				  may include, but not be limited to construction of diversions, sedimentation
				  ponds, and vegetative buffer zones around affected areas.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-10 - Hydrologic balance: Diversions

Current through Vol. 41, No. 20, July 1, 2024
Diversions shall be constructed in a workmanlike manner that
				  minimizes contribution of suspended solids to surface water flow outside the
				  mining permit area. Permanent diversions shall be constructed at a minimum with
				  a permanent and stable vegetative cover. Alternative designs may be approved by
				  the Department on a case-by-case basis.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-11 - Hydrologic balance: Monitoring

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The permittee shall
				maintain records of surface and ground water monitoring for inspection. Reports
				shall include the date and location of sample, depth, if applicable, and the
				analytical results of each sample taken during the reporting period. These
				reports shall be submitted to the Department within 28 days of the end of each
				reporting period as required throughout the life of the permit.
(1) Water monitoring on permitted areas that
				are permitted to accept the placement of CCB shall be conducted according to
				the following monitoring frequency schedule:
(A) All sites shall conduct water monitoring
				on an annual basis as prescribed by Section 30-3-8.
(B) All sites shall conduct water monitoring
				on a semi-annual basis as prescribed in Section 30-3-8 during active CCB
				placement.
(C) All sites that have
				never accepted CCB shall only conduct water monitoring on an annual basis as
				prescribed in Section 30-3-8.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-12 - Hydrologic balance: Wetlands

Current through Vol. 41, No. 20, July 1, 2024
All CCB placement operations shall be conducted in a manner
				  that minimizes disturbance of wetlands existing prior to permit issuance.
				  Operations shall comply with applicable requirements of Section 404 of the
				  Clean Water Act ( 33 U.S.C. Sec. 1251 et. seq.) as prescribed by the State or
				  Federal agency charged with the implementation of wetlands protection, and any
				  wetlands protection permits required by that agency.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-13 - Hydrologic balance: Impoundments

Current through Vol. 41, No. 20, July 1, 2024
Permanent impoundments may be left on mining permit areas
				  provided the impoundment is not:
(1)
				In contact with CCB.
(2) Impounding
				water of such quality that it is incompatible with intended post-placement
				use.
(3) Constructed in a manner
				that causes erosion.
(4) Resulting
				in diminution in quantity or quality of water received downstream off the
				mining permit area.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-14 - CCB placement: General requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) CCB shall be placed in a manner that
				minimizes damage to air, water, soil, and biological resources as well as
				damage to human health and private property.
(b) CCB shall be placed below the surface
				elevation of pre-existing, undisturbedground in excavations that are the result
				of coal or non-coal mining, or other such configurations as may be approved by
				the Department.
(c) CCB shall not
				be placed within 100 feet of an intermittent or perennial stream.
(d) CCB shall not be placed within 300 feet
				downgradient of a public or private groundwater source.
(e) CCB shall not be placed within 1,000 feet
				upgradient of a public or private groundwater source, except that the
				Department may waive or modify these isolation distances if the person
				demonstrates and the Department finds, in writing, that the following
				conditions have been met.
(1) The owners of
				the public or private water sources in the isolation area have consented, in
				writing, to the location of the proposed CCB placement area.
(2) The person storing CCB and each water
				source owner have agreed, in writing, that the person storing CCB will
				construct and maintain at the CCB operator's expense a permanent alternative
				water supply of like quantity and quality at no additional cost to the water
				source owner if the existing source is adversely affected by the CCB placement
				area.
(3) The person storing CCB
				has demonstrated that a replacement water source is technically and
				economically feasible and readily available for every public or private water
				source in the isolation area.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-15 - CCB placement: Fugitive dust control

Current through Vol. 41, No. 20, July 1, 2024
(a) CCB placement shall be conducted in a
				manner that minimizes fugitive dust production, using the best available
				control technology. This may include, but not be limited to use of water
				sprays, limiting amount placed at any one time, limiting placing during windy
				conditions, and use of surfactant, if approved by the Department.
(b) The requirements of this Chapter
				notwithstanding, the permittee shall conduct CCB placement operations in a
				manner consistent with any air quality permit required under the Oklahoma Clean
				Air Act (63 O.S. Sec. 1-1801 ).
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-16 - CCB placement: Intermediate cover

Current through Vol. 41, No. 20, July 1, 2024
The exposed CCB surface on the mining permit area shall be
				  stabilized during CCB placement operations to prevent wind and water erosion,
				  and subsequent transport off the mining permit area. This may be accomplished
				  through application of water or earthen materials. Chemical stabilizers or
				  other substances may be used, if approved by the Department.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-17 - Hazardous and solid wastes

Current through Vol. 41, No. 20, July 1, 2024
This Chapter notwithstanding, the permittee shall not dispose
				  or place solid wastes nor hazardous wastes on the mining permit area without
				  first complying with the requirements of the Resource Conservation and Recovery
				  Act ( 42 U.S.C. 6901 et. Seq.) and any implementing regulations. Only the CCB,
				  as set forth in the mining permit issued by the Department, shall be placed on
				  the permitted area.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-18 - Reclamation: General requirements

Current through Vol. 41, No. 20, July 1, 2024
Reclamation shall be conducted contemporaneously with CCB
				  placement when feasible to reduce the area of exposed CCB. When CCB placement
				  is completed, reclamation shall commence at the earliest practicable time.
				  Final grading and placement of final cover shall be completed within one year
				  of completion of CCB placement.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-19 - Reclamation: Final cover

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon
				completion of CCB placement, a final capping of natural, non-toxic, and
				non-acidic earthen material shall be placed over the final graded CCB surface.
				The final capping shall be a minimum of one and one-half (1.5) feet thick, not
				including topsoil cover above the capping material. The Department may require
				a thicker final capping prior to distribution of topsoil or other suitable
				material as approved by the Department, depending upon its review of the mining
				permit application.
(b) A minimum
				of six (6) inches of topsoil or other suitable material as approved by the
				Department shall be placed over the final capping material to support a
				permanent vegetative cover over the area affected by CCB placement.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-20 - Reclamation: Slope stability

Current through Vol. 41, No. 20, July 1, 2024
CCB placement areas shall be graded to slopes not exceeding
				  twenty-five percent (4:1). Other slopes which demonstrate achievable slope
				  stability through recognized and accepted engineering practices may be approved
				  by the Department.
Added at 20 Ok Reg 2819,
				  eff 8-26-03