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 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-15 - 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 required Subchapters 13,15,17,19, 23, 25, 27, 29,
				31, 33, and 35 of 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 surface coal
				mining 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 surface coal mining and reclamation 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 the Act, the Department, 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 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-16 - 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
				460:20-37-15,
				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
				460:20-37-6.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-17 - Terms and conditions for liability insurance

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall require the
				applicant to submit as part of its permit application a certificate issued by
				an insurance company authorized to do business in the United States certifying
				that the applicant has a public liability insurance policy in force for the
				surface coal mining and reclamation operations for which the permit is sought.
				Such policy shall provide for personal injury and property damage protection in
				an amount adequate to compensate any persons injured or property damaged as a
				result of the surface coal mining and reclamation operations, including the use
				of explosives, and who are entitled to compensation under the applicable
				provisions of State law. Minimum insurance coverage for bodily injury and
				property damage shall be $300,000 for each occurrence and $500,000
				aggregate.
(b) The policy shall be
				maintained in full force during the life of the permit or any renewal thereof,
				including the liability period necessary to complete all reclamation operations
				under these Regulations.
(c) The
				policy shall include a rider requiring that the insurer notify the Department
				whenever substantive changes are made in the policy including any termination
				or failure to renew.
(d) The
				Department may accept from the applicant, in lieu of a certificate for a public
				liability insurance policy, satisfactory evidence from the applicant that it
				satisfies applicable State self-insurance requirements approved as part of the
				regulatory program and the requirements of this Section.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 39 - Permanent Program Performance Standards-General Provisions › Section 460:20-39-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the minimum performance standards
				  and design requirements to be adopted and implemented under the State program
				  for coal exploration and surface coal mining and reclamation
				  operations.
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 39 - Permanent Program Performance Standards-General Provisions › Section 460:20-39-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
The objective of this Subchapter is to ensure that coal
				  exploration and surface coal mining and reclamation operations are conducted in
				  manners which are compatible with the environmental, social, and aesthetic
				  needs of Oklahoma.
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 39 - Permanent Program Performance Standards-General Provisions › Section 460:20-39-3 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
Each person conducting coal exploration, surface coal mining
				  and reclamation operations is responsible for complying with these performance
				  standards and design requirements. The Department is responsible for ensuring
				  that the approved State program is implemented and enforced.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 39 - Permanent Program Performance Standards-General Provisions › Section 460:20-39-4 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
Subchapter 41 applies to all coal exploration conducted under
				  regulatory programs. Subchapter 43 applies to all surface mining activities
				  conducted under regulatory programs. Subchapter 45 applies to all underground
				  mining activities conducted under regulatory programs. Subchapters 47, 49, 51,
				  53, and 55 apply to certain special categories of surface coal mining and
				  reclamation operations. Subchapters 43 and 45 apply to each of those special
				  categories of operations, except to the extent that a provision of Subchapters
				  47, 49, 51, 53, and 55 specifically exempts a particular category from a
				  particular requirement of Subchapter 43 or Subchapter 45.
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 41 - Permanent Program Performance Standards-Coal Exploration › Section 460:20-41-1 - Scope and purpose

Current through Vol. 41, No. 20, July 1, 2024
This subchapter sets forth performance standards required for
				  coal exploration which substantially disturbs the natural land surface. At the
				  discretion of the Department, coal exploration operations may be further
				  required to comply with the applicable standards of Subchapters 43, 45, 47, 49,
				  51, 53, and 55 of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 41 - Permanent Program Performance Standards-Coal Exploration › Section 460:20-41-2 - Required documents

Current through Vol. 41, No. 20, July 1, 2024
Each person who conducts coal exploration which substantially
				  disturbs the natural land surface shall, while in the exploration area, have
				  available a copy of the filed notice of intention to explore or a copy of the
				  exploration permit for review by the authorized representative of the
				  Department upon request.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 41 - Permanent Program Performance Standards-Coal Exploration › Section 460:20-41-3 - Performance standards for coal exploration

Current through Vol. 41, No. 20, July 1, 2024
(a) Habitats of unique or unusually high
				value for fish, wildlife, and other related environmental values and critical
				habitats of threatened or endangered species identified pursuant to the
				Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) shall not be disturbed
				during coal exploration.
(b) All
				roads or other transportation facilities used for coal exploration shall comply
				with the applicable provisions of Sections
				460:20-43-52
				through
				460:20-43-55
				of these Regulations.
(c) If
				excavations, artificially flat areas, or embankments are created during
				exploration, these areas shall be returned to the approximate original contour
				promptly after such features are no longer needed for coal
				exploration.
(d) Topsoil shall be
				separately removed, stored, and redistributed on areas disturbed by coal
				exploration activities as necessary to assure successful revegetation or as
				required by the Department.
(e) All
				areas disturbed by coal exploration activities shall be revegetated in a manner
				that encourages prompt revegetation and recovery of a diverse, effective, and
				permanent vegetative cover. Revegetation shall be accomplished in accordance
				with the following:
(1) All areas disturbed by
				coal exploration activities shall be seeded or planted to the same seasonal
				variety native to the areas disturbed. If the land use of the exploration area
				is intensive agriculture, planting of the crops normally grown will meet the
				requirements of this Paragraph.
(2)
				The vegetative cover shall be capable of stabilizing the soil surface from
				erosion.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-1 - 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 regulatory
				  programs for surface mining activities.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter is intended to ensure that all surface mining
				  activities are conducted in a manner which preserves and enhances environmental
				  and other values in accordance with the Act.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-3 - Signs and markers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Specifications.
Signs and markers required under this Subchapter
				shall:
(1) Be posted and maintained by the
				person who conducts the surface mining activities;
(2) Be of a uniform design throughout the
				operation that can be easily seen and read;
(3) Be made of durable material;
				and
(4) Conform to local ordinances
				and codes.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-4 - Casing and sealing of drilled holes: general requirements

Current through Vol. 41, No. 20, July 1, 2024
Each exploration hole, other drill or borehole, well, or
				  other exposed underground opening shall be cased, sealed, or otherwise managed,
				  as approved by the Department, to prevent acid or other toxic drainage from
				  entering ground or surface waters, to minimize disturbance to the prevailing
				  hydrologic balance, and to ensure the safety of people, livestock, fish and
				  wildlife, and machinery in the permit area and adjacent area. If these openings
				  are uncovered or exposed by surface mining activities within the permit area
				  they shall be permanently closed, unless approved for water monitoring, or
				  otherwise managed in a manner approved by the Department. Use of a drilled hole
				  or bore hole or monitoring well as a water well must meet the provisions of
				  Section
				  460:20-43-8.
				  This Subchapter does not apply to holes solely drilled and used for
				  blasting.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-5 - Casing and sealing of drilled holes: temporary

Current through Vol. 41, No. 20, July 1, 2024
Each exploration hole, other drill or boreholes, wells and
				  other exposed underground openings which have been identified in the approved
				  permit application for use to return coal processing waste or water to
				  underground workings, or to be used to monitor ground water conditions, shall
				  be temporarily sealed before use and protected during use by barricades, or
				  fences, or other protective devices approved by the Department. These devices
				  shall be periodically inspected and maintained in good operating condition by
				  the person who conducts the surface mining activities.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-6 - Casing and sealing of drilled holes: permanent

Current through Vol. 41, No. 20, July 1, 2024
When no longer needed for monitoring or other use approved by
				  the Department upon a finding of no adverse environmental or health and safety
				  effect, or unless approved for transfer as a water well under Section
				  460:20-43-8,
				  each exploration hole, other drilled hole or borehole, well, and other exposed
				  underground opening shall be capped, sealed, backfilled, or otherwise properly
				  managed, as required by the Department, under Section
				  460:20-43-4
				  and consistent with 30 CFR 75.1711. Permanent closure measures shall be
				  designed to prevent access to the mine workings by people, livestock, fish and
				  wildlife, and machinery, and to keep acid or other toxic drainage from entering
				  ground or surface waters.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-7 - Topsoil and subsoil

Current through Vol. 41, No. 20, July 1, 2024
(a)
Removal.
(1) All topsoil must be
				removed a minimum of 60 feet or one pit width (whichever is less) in advance of
				the active pit unless a different distance is determined by the Department.
(A) All topsoil shall be removed as a
				separate layer from the area to be disturbed, and segregated.
(B) Where the topsoil is of insufficient
				quantity or poor quality for sustaining vegetation, the materials approved by
				the Department in accordance with (b) of this Section shall be removed as a
				separate layer from the area to be disturbed, and segregated.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-8 - Hydrologic-balance protection

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
All surface mining and reclamation activities shall be
				conducted to minimize disturbance of the hydrologic balance within the permit
				and adjacent areas, to prevent material damage to the hydrologic balance
				outside the permit area, to assure the protection or replacement of water
				rights, and to support approved postmining land uses in accordance with the
				terms and conditions of the approved permit and the performance standards of
				this Chapter. The Department may require additional preventative, remedial, or
				monitoring measures to assure that material damage to the hydrologic balance
				outside the permit area is prevented. Mining and reclamation practices that
				minimize water pollution and changes in flow shall be used in preference to
				water treatment.
(b)
Ground-water protection.
In order to protect the hydrologic
				balance, surface mining activities shall be conducted according to the plan
				approved under Section
				460:20-27-11(h)
				of this Chapter and the following:
(1)
				Ground-water quality shall be protected by handling earth materials and runoff
				in a manner that minimizes acidic, toxic, or other harmful infiltration to
				ground-water systems and by managing excavations and other disturbances to
				prevent or control the discharge of pollutants into the ground water.
(2) Ground-water quantity shall be protected
				by handling earth materials and runoff in a manner that will restore the
				approximate premining recharge capacity of the reclaimed area as a whole,
				excluding coal mine waste disposal areas and fills, so as to allow the movement
				of water to the ground-water system.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-9 - Hydrologic balance: water-quality standards and effluent limitations

Current through Vol. 41, No. 20, July 1, 2024
Discharges of water from areas disturbed by surface mining
				  activities shall be made in compliance with all applicable State and Federal
				  water-quality laws and regulations and with the effluent limitations for coal
				  mining promulgated by the U.S. Environmental Protection Agency set forth in 40
				  CFR Part 434.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-11 - Hydrologic balance: sediment control measures

Current through Vol. 41, No. 20, July 1, 2024
(a) Appropriate sediment control measures
				shall be designed, constructed, and maintained using the best technology
				currently available to:
(1) Prevent, to the
				extent possible, additional contributions of sediment to streamflow or to
				runoff outside the permit area,
(2)
				Meet the more stringent of applicable State or Federal effluent
				limitations,
(3) Minimize erosion
				to the extent possible.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-12 - Hydrologic balance: siltation structures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definitions.
For the purpose
				of this Section only disturbed area shall not include those areas:
(1) In which the only surface mining
				activities include diversion ditches, siltation structures, or roads that are
				designed, constructed and maintained in accordance with this Subchapter;
				and
(2) For which the upstream area
				is not otherwise disturbed by the operator.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-13 - Hydrologic balance: discharge structures

Current through Vol. 41, No. 20, July 1, 2024
Discharge from sedimentation ponds, permanent and temporary
				  impoundments, coal processing waste dams and embankments, and diversions shall
				  be controlled, by energy dissipators, riprap channels, and other devices, where
				  necessary, to reduce erosion, to prevent deepening or enlargement of stream
				  channels, and to minimize disturbance of the hydrologic balance. Discharge
				  structures shall be designed according to standard engineering-design
				  procedures.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-15 - Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities

Current through Vol. 41, No. 20, July 1, 2024
Before abandoning a permit area or seeking bond release, the
				  operator shall ensure that all temporary structures are removed and reclaimed,
				  and that all permanent sedimentation ponds, diversions, impoundments, and
				  treatment facilities meet the requirements of this Chapter for permanent
				  structures, have been maintained properly, and meet the requirements of the
				  approved reclamation plan for permanent structures and impoundments. The
				  operator shall renovate such structures if necessary to meet the requirements
				  of this Chapter and to conform to the approved reclamation
				  plan.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-16 - Hydrologic balance: stream buffer zones

Current through Vol. 41, No. 20, July 1, 2024
(a) No land within 100 feet of a perennial
				stream or an intermittent stream shall be disturbed by surface mining
				activities, unless the Department specifically authorizes surface mining
				activities closer to, or through, such a stream. The Department may authorize
				such activities only upon finding that:
(1)
				Surface mining activities will not cause or contribute to the violation of
				applicable State or Federal water quality standards, and will not adversely
				affect the water quantity and quality or other environmental resources of the
				stream; and
(2) If there will be a
				temporary or permanent stream-channel diversion, it will comply with Section
				460:20-43-10.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-17 - Coal recovery

Current through Vol. 41, No. 20, July 1, 2024
Surface mining activities shall be conducted so as to
				  maximize the utilization and conservation of the coal, while utilizing the best
				  appropriate technology currently available to maintain environmental integrity,
				  so that reaffecting the land in the future through surface coal mining
				  operations is minimized.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-18 - Use of explosives: general requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Each operator shall comply with all
				applicable State and Federal laws and regulations in the use of
				explosives.
(b) Blasts that use
				more than 5 pounds of explosive or blasting agent shall be conducted according
				to the schedule required under Section
				460:20-43-20.
(c)
Blasters.
(1) No later than 12 months after the blaster
				certification program for a State required by Subchapter 65 of this Chapter has
				been approved, all blasting operations in that State shall be conducted under
				the direction of a certified blaster. Before that time, all such blasting
				operations in that State shall be conducted by competent, experienced persons
				who understand the hazards involved.
(2) Certificates of blaster certification
				shall be carried by blasters or shall be on file at the permit area during
				blasting operations.
(3) A blaster
				and at least one other person shall be present at the firing of a
				blast.
(4) Any blaster who is
				responsible for conducting blasting operations at a blasting site shall:
(A) Be familiar with the blasting plan and
				site-specific performance standards; and
(B) Give direction and on-the-job training to
				persons who are not certified and who are assigned to the blasting crew or
				assist in the use of explosives.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-19 - Use of explosives: preblasting survey

Current through Vol. 41, No. 20, July 1, 2024
(a) At least 30 days before initiation of
				blasting, the operator shall notify, in writing, all residents or owners of
				dwellings or other structures located within 1/2 mile of the permit area how to
				request a preblasting survey.
(b) A
				resident or owner of a dwelling or structure within 1/2 mile of any part of the
				permit area may request a preblasting survey. This request shall be made, in
				writing, directly to the operator or to the Department, who shall promptly
				notify the operator. The operator shall promptly conduct a preblasting survey
				of the dwelling or structure and promptly prepare a written report of the
				survey. An updated survey of any additions, modifications, or renovations shall
				be performed by the operator if requested by the resident or owner.
(c) The operator shall determine the
				condition of the dwelling or structure and shall document any preblasting
				damage and other physical factors that could reasonably be affected by the
				blasting. Structures such as pipelines, cables, transmission lines, and
				cisterns, wells, and other water systems warrant special attention; however,
				the assessment of these structures may be limited to surface conditions and
				other readily available data.
(d)
				The written report of the survey shall be signed by the person who conducted
				the survey. Copies of the report shall be promptly provided to the Department
				and to the person requesting the-survey. If the person requesting the survey
				disagrees with the contents and/or recommendations contained therein, he or she
				may submit to both the operator and the Department a detailed description of
				the specific areas of disagreement.
(e) Any surveys requested more than 10 days
				before the planned initiation of blasting shall be completed by the operator
				before the initiation of blasting.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-20 - Use of explosives: blasting schedule

Current through Vol. 41, No. 20, July 1, 2024
(a)
General requirements.
(1) The operator shall conduct blasting
				operations at times approved by the Department and announced in the blasting
				schedule. The Department may limit the area covered, timing, and sequence of
				blasting as listed in the schedule, if such limitations are necessary and
				reasonable in order to protect the public health and safety or
				welfare.
(2) All blasting shall be
				conducted between sunrise and sunset, unless nighttime blasting is approved by
				the Department based upon a showing by the operator that the public will be
				protected from adverse noise and other impacts. The Department may specify more
				restrictive time periods for blasting.
(3) Unscheduled blasts may be conducted only
				where public or operator health and safety so require and for emergency
				blasting actions. When an operator conducts an unscheduled blast, the operator,
				using audible signals, shall notify residents within 1/2 mile of the blasting
				site and document the reason for the unscheduled blast in accordance with
				Section
				460:20-43-23(p).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-21 - Use of explosives: blasting signs, warnings, and access control

Current through Vol. 41, No. 20, July 1, 2024
(a)
Blasting
				signs.
Blasting signs shall meet the specifications of Section
				460:20-43-3.
				The operator shall:
(1) Conspicuously place
				signs reading "Blasting Area" along the edge of any blasting area that comes
				within 100 feet of any public road right-of-way, and at the point where any
				other road provides access to the blasting area; and
(2) At all entrances to the permit area from
				public roads or highways, place conspicuous signs which state "Warning!
				Explosives in Use," which clearly list and describe the meaning of the audible
				blast warning and all-clear signals that are in use, and which explain the
				marking of blasting areas and charged holes awaiting firing within the permit
				area.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-22 - Use of explosives: control of adverse effects

Current through Vol. 41, No. 20, July 1, 2024
(a)
General requirements.
Blasting shall be conducted to prevent injury to persons, damage to public or
				private property outside the permit area, adverse impacts on any underground
				mine, and change in the course, channel, or availability of surface or ground
				water outside the permit area.
(b)
Airblast.
(1)
Limits.
(A) Airblast shall not
				exceed the maximum limits listed below at the location of any dwelling, public
				building, school, church, or community or institutional building outside the
				permit area, except as provided in Subsection (e) of this Section.
Lower frequency limit Maximum level,of
							 measuring system, in dB in Hz (+/-3 dB)
__________________________________
0.1 Hz or lower-flat
							 response1
134 peak.
2 Hz or lower-flat response
133 peak.
6 Hz or lower-flat response
129 peak.
C-weighted-slow response
							 n1
105 peak dBC.
1Only when
							 approved by the Department.
(B)
				If necessary to prevent damage, the Department shall specify lower maximum
				allowable airblast levels than those of (b) (1) (A) of this Section for use in
				the vicinity of a specific blasting operation.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-23 - Use of explosives: records of blasting operations

Current through Vol. 41, No. 20, July 1, 2024
The operator shall retain a record of all blasts for at least
				  3 years. Upon request, copies of these records shall be made available to the
				  Department and to the public for inspection. Such records shall contain the
				  following data:
(1) Name of the
				operator conducting the blast.
(2)
				Location, date, and time of the blast.
(3) Name, signature, and certification number
				of the blaster conducting the blast.
(4) Identification, direction, and distance,
				in feet, from the nearest blast hole to the nearest dwelling, public building,
				school, church, community or institutional building outside the permit area,
				except those described in Section
				460:20-43-22(e).
(5) Weather conditions, including those which
				may cause possible adverse lasting effects.
(6) Type of material blasted.
(7) Sketches of the blast pattern including
				number of holes, burden, spacing, decks, and delay pattern.
(8) Diameter and depth of holes.
(9) Types of explosives used.
(10) Total weight of explosives used per
				hole.
(11) The maximum weight of
				explosives detonated in an 8-millisecond period.
(12) Initiation system.
(13) Type and length of stemming.
(14) Mats or other protections
				used.
(15) Seismographic and
				airblast records, if required, which shall include:
(A) Type of instrument, sensitivity, and
				calibration signal or certification of annual calibration;
(B) Exact location of instrument and the
				date, time, and distance from the blast;
(C) Name of the person and firm taking the
				reading;
(D) Name of the person and
				firm analyzing the seismographic record and
(E) The vibration and/or airblast level
				recorded.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-24 - Disposal of excess spoil: general requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Excess spoil shall
				be placed in designated disposal areas the permit area, in a controlled manner
				to:
(1) Minimize the adverse effects of
				leachate and surface water runoff from the fill on surface and ground
				waters;
(2) Ensure mass stability
				and prevent mass movement during and after construction; and
(3) Ensure that the final fill is suitable
				for reclamation and revegetation compatible with the natural surroundings and
				the approved postmining land use.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-25 - Disposal of excess spoil: valley fills/head-of-hollow fills

Current through Vol. 41, No. 20, July 1, 2024
(a) Valley fills
				and head-of-hollow fills shall meet the requirements of Section
				460:20-43-24
				and the additional requirements of this Section.
(1) Drainage control.
(A) The top surface of the completed fill
				shall be graded such that the final slope after settlement will be toward
				properly designed drainage channels. Uncontrolled surface drainage may not be
				directed over the outslope of the fill.
(B) Runoff from areas above the fill and
				runoff from the surface of the fill shall be diverted into stabilized diversion
				channels designed to meet the requirements of Section
				460:20-43-10 and, in
				addition, to safely pass the runoff from a 100-year, 6-hour precipitation
				event.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-26 - Disposal of excess spoil: durable rock fills

Current through Vol. 41, No. 20, July 1, 2024
The Department may approve the alternative method of disposal
				  of excess durable rock spoil by gravity placement in single or multiple lifts,
				  provided the following conditions are met:
(1) Except as provided in this Section, the
				requirements of Section
				460:20-43-24
				are met.
(2) The excess spoil
				consists of at least 80 percent, by volume, durable, nonacid- and
				nontoxic-forming rock (e.g., sandstone or limestone) that does not slake in
				water and will not degrade to soil material. Where used, noncemented clay
				shale, clay spoil, soil or other nondurable excess spoil materials shall be
				mixed with excess durable rock spoil in a controlled manner such that no more
				than 20 percent of the fill volume, as determined by tests performed by a
				registered engineer and approved by the Department, is not durable
				rock.
(3) A qualified registered
				professional engineer certifies that the design will ensure the stability of
				the fill and meet all other applicable requirements.
(4) The fill is designed to attain a minimum
				long-term static safety factor of 1.5, and an earthquake safety factor of
				1.1.
(5) The underdrain system may
				be constructed simultaneously with excess spoil placement by the natural
				segregation of dumped materials, provided the resulting underdrain system is
				capable of carrying anticipated seepage of water due to rainfall away from the
				excess spoil fill and from seeps and springs in the foundation of the disposal
				area and the other requirements for drainage control are met.
(6) Surface water runoff from areas adjacent
				to and above the fill is not allowed to flow onto the fill and is diverted into
				stabilized diversion channels designed to meet the requirements of Section
				460:20-43-10 and to
				safely pass the runoff from a 100-year, 6-hour precipitation event.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-27 - Disposal of excess spoil: preexisting benches

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may approve the disposal
				of excess spoil through placement on preexisting benches, provided that all the
				standards set forth in Sections
				460:20-43-24(a),(b)(1),
				and
				460:20-43-24(d)
				-
(I) and the requirements of this Section are
				met.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-28 - Protection of underground mining

Current through Vol. 41, No. 20, July 1, 2024
No surface mining activities shall be conducted closer than
				  500 feet to any point of either an active or abandoned underground mine, except
				  to the extent that:
(1) The activities
				result in improved resource recovery, abatement of water pollution, or
				elimination of hazards to the health and safety of the public; and
(2) The nature, timing, and sequence of the
				activities that propose to mine closer than 500 feet to an active underground
				mine are jointly approved by the Department, the Mine Safety and Health
				Administration, and the State agency, if any, responsible for the safety of
				underground mine workers.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-29 - Coal mine waste: general requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
All coal mine waste
				disposed of in an area other than the mine workings or excavation shall be
				placed in new or existing disposal areas within a permit area, which are
				approved by the Department for this purpose. Coal mine waste shall be hauled or
				conveyed and placed for final placement in a controlled manner to:
(1) Minimize adverse effects of leachate and
				surface-water runoff on surface and groundwater quality and quantity;
(2) Ensure mass stability and prevent mass
				movement during and after construction;
(3) Ensure that the final disposal facility
				is suitable for reclamation and revegetation compatible with the natural
				surroundings and the approved postmining land use;
(4) Not create a public hazard; and
(5) Prevent combustion.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-30 - Coal mine waste: refuse piles

Current through Vol. 41, No. 20, July 1, 2024
(a) Refuse piles shall meet the requirements
				of Section
				460:20-43-29,
				the additional requirements of this Section, and the requirements of 30 CFR
				77.214 and 77.215.
(1)
Drainage
				control.
(A) If the disposal area
				contains springs, natural or manmade water courses, or wet weather seeps, the
				design shall include diversions and underdrains as necessary to control
				erosion, prevent water infiltration into the disposal facility and ensure
				stability.
(B) Uncontrolled surface
				drainage may not be diverted over the outslope of the refuse piles. Runoff from
				the areas above the refuse pile and runoff from the surface of the refuse pile
				shall be diverted into stabilized diversion channels designed to meet the
				requirements of Section
				460:20-43-10 to safely
				pass the runoff from a 100-year, 6-hour precipitation event. Runoff diverted
				from undisturbed areas need not be commingled with runoff from the surface of
				the refuse pile.
(C) Underdrains
				shall comply with the requirements of Section
				460:20-43-24(f)
				(3).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-31 - Coal mine waste: impounding structures

Current through Vol. 41, No. 20, July 1, 2024
(a) New and existing impounding structures
				constructed of coal mine waste or intended to impound coal mine waste shall
				meet the requirements of Section
				460:20-43-29.
(b) Coal mine waste shall not be used for
				construction of impounding structures unless it has been demonstrated to the
				Department that the stability of such a structure conforms to the requirements
				of this Subchapter and the use of coal mine waste will not have a detrimental
				effect on downstream water quality or the environment due to acid seepage
				through the impounding structure. The stability of the structure and the
				potential impact of acid mine seepage through the impounding structure shall be
				discussed in detail in the design plan submitted to the Department in
				accordance with Section
				460:20-27-14
				of this Chapter.
(c)
Impounding structures.
(1) Each
				impounding structure constructed of coal mine waste or intended to impound coal
				mine waste shall be designed, constructed and maintained in accordance with
				Sections
				460:20-43-14(a) and
				(c). Such structures may not be retained
				permanently as part of the approved postmining land use.
(2) Each impounding structure constructed of
				coal mine waste or intended to impound coal mine waste that meets the criteria
				of Section 77.216 (a) of 30 CFR shall have sufficient spillway capacity to
				safely pass, adequate storage capacity to safely contain, or a combination of
				storage capacity and spillway capacity to safely control the probable maximum
				precipitation of a 6-hour precipitation event or greater event as specified by
				the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-32 - Coal mine waste: burning and burned waste

Current through Vol. 41, No. 20, July 1, 2024
(a) Coal mine waste fires shall be
				extinguished by the person who conducts the surface mining activities, in
				accordance with a plan approved by the Department and the Mine Safety and
				Health Administration. The plan shall contain, at a minimum, provisions to
				ensure that only those persons authorized by the operator, and who have an
				understanding of the procedures to be used, shall be involved in the
				extinguishing operations.
(b) No
				burning or burned coal mine waste shall be removed from a permitted disposal
				area without a removal plan approved by the Department. Consideration shall be
				given to potential hazards to persons working or living in the vicinity of the
				structure.