Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 3 - Permanent Regulatory Program › Section 460:20-3-5 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
As used in this Subchapter, the following terms have these
				  specified meanings, except where otherwise indicated:
"Acid drainage"
means water with a pH of less
				  than 6.0 and in which total acidity exceeds total alkalinity, discharged from
				  an active, inactive or abandoned surface coal mine and reclamation operation or
				  from an area affected by surface coal mining and reclamation operations.
"Acid-forming materials"
means earth materials
				  that contain sulfide minerals or other materials which, if exposed to air,
				  water, or weathering processes, form acids that may create acid
				  drainage.
"Adjacent area"
means the area outside the
				  permit area where a resource or resources, determined according to the context
				  in which adjacent area is used, are or reasonably could be expected to be
				  adversely impacted by proposed mining operations, including probable impacts
				  from underground workings.
"Administratively complete application"
means an
				  application for permit approval or approval for coal exploration where
				  required, which the Department determines to contain information addressing
				  each application requirement of the regulatory program and to contain all
				  information necessary to initiate processing and public review.
"Affected area"
means any land or water surface
				  which is used to facilitate, or is physically altered by, surface coal mining
				  and reclamation operations. The affected area includes the disturbed area; any
				  area upon which surface coal mining and reclamation operations are conducted;
				  any adjacent lands the use of which is incidental to surface coal mining and
				  reclamation operations; all areas covered by new or existing roads used to gain
				  access to, or for hauling coal to or from, surface coal mining and reclamation
				  operations, except as provided in this definition; any area covered by surface
				  excavations, workings, impoundments, dams, ventilation shafts, entryways,
				  refuse banks, dumps, stockpiles, overburden piles, spoil banks, calm banks,
				  tailings, holes or depressions, repair areas, storage areas, shipping areas;
				  any areas upon which are sited structures, facilities, or other property
				  material on the surface resulting from, or incident to, surface coal mining and
				  reclamation operations; and the area located above underground workings. The
				  affected area shall include every road used for purposes of access to, or for
				  hauling coal to or from, surface coal mining and reclamation operations, unless
				  the road:
(A) was designated as a public road pursuant to the laws of
				  the jurisdiction in which it is located;
(B) is maintained with public funds, and constructed, in a
				  manner similar to other public roads of the same classification within the
				  jurisdiction; and
(C) there is substantial (more than incidental) public use.
"Agricultural use"
means the use of any tract of
				  land for the production of animal or vegetable life. The uses include, but are
				  not limited to, the pasturing, grazing, and watering of livestock, and the
				  cropping, cultivation, and harvesting of plants.
"Alluvial valley floors"
means the
				  unconsolidated stream-laid deposits holding streams with water availability
				  sufficient for subirrigation or flood irrigation agricultural activities but
				  does not include upland areas which are generally overlain by a thin veneer of
				  colluvial deposits composed chiefly of debris from sheet erosion, deposits
				  formed by unconcentrated runoff or slope wash, together with talus, or other
				  mass-movement accumulations, and windblown deposits.
"Applicant"
means any person seeking a permit,
				  permit revision, renewal, and transfer, assignment, or sale of permit rights
				  from the Department to conduct surface coal mining and reclamation operations
				  or, where required, seeking approval for coal exploration.
"Application"
means the documents and other
				  information filed with the Department under this Chapter for the issuance of
				  permits; revisions; renewals; and transfer, assignment, or sale of permit
				  rights for surface coal mining and reclamation operations or, where required,
				  for coal exploration.
"Applicant/Violator System (AVS)"
means an
				  automated information system of applicant, permittee, operator, violation and
				  related data OSM maintains to assist in implementing the Act.
"Approximate original contour"
means that
				  surface configuration achieved by backfilling and grading of the mined areas so
				  that the reclaimed area, including any terracing or access roads, closely
				  resembles the general surface configuration of the land prior to mining and
				  blends into and complements the drainage pattern of the surrounding terrain,
				  with all highwalls, spoil piles and coal refuse piles eliminated. Permanent
				  water impoundments may be permitted where the Department has determined that
				  they comply with Sections
				  460:20-43-14,
				  460:20-43-15,
				  and
				  460:20-43-51
				  or
				  460:20-45-14,
				  460:20-45-15,
				  and
				  460:20-45-51.
"Aquifer"
means a zone, stratum, or group of
				  strata that can store and transmit water in sufficient quantities for a
				  specific use.
"Auger"
mining means a method of mining coal at
				  a cliff or highwall by drilling holes into an exposed coal seam from the
				  highwall and transporting the coal along an auger bit to the surface.
"Best technology currently available"
means
				  equipment, devices, systems, methods, or techniques which will:
(A) prevent, to the extent possible, additional contributions
				  of suspended solids to stream flow or runoff outside the permit area, but in no
				  event result in contributions of suspended solids in excess of requirements set
				  by applicable State or Federal laws; and
(B) minimize, to the extent possible, disturbances and
				  adverse impacts on fish, wildlife and related environmental values, and achieve
				  enhancement of those resources where practicable. The term includes equipment,
				  devices, systems, methods, or techniques which are currently available anywhere
				  as determined by the Director, even if they are not in routine use. The term
				  includes, but is not limited to, construction practices, siting requirements,
				  vegetative selection and planting requirements, animal stocking requirements,
				  scheduling of activities and design of sedimentation ponds in accordance with
				  Subchapters 43 and 45 of this Chapter. Within the constraints of the permanent
				  program, the Department shall have the discretion to determine the best
				  technology currently available on a case-by-case basis, as authorized by the
				  Act and this Chapter.
"Coal exploration"
means the field gathering
				  of
(A) surface or subsurface geologic, physical, or chemical
				  data by mapping, trenching, drilling, geophysical, or other techniques
				  necessary to determine the quality and quantity of overburden and coal of an
				  area; or
(B) the gathering of environmental data to establish the
				  conditions of an area before beginning surface coal mining and reclamation
				  operations under the requirements of this Chapter.
"Coal mine waste"
means coal processing waste
				  and underground developmentwaste.
"Coal preparation"
means chemical or physical
				  processing and the cleaning,
concentrating, or other processing or preparation of
				  coal.
"Coal preparation plant"
means a facility where
				  coal is subjected to chemical or physical processing or cleaning,
				  concentrating, or other processing or preparation. It includes facilities
				  associated with coal preparation activities, including, but not limited to the
				  following: loading facilities; storage and stockpile facilities; sheds; shops,
				  and other buildings; water-treatment and water-storage facilities; settling
				  basins and impoundments; and coal processing and other waste disposal
				  areas.
"Coal processing waste"
means earth materials
				  which are separated and wasted from the product coal during cleaning,
				  concentrating, or other processing or preparation of coal.
"Combustible material"
means organic material
				  that is capable of burning, either by fire or through oxidation, accompanied by
				  the evolution of heat and a significant temperature rise.
"Compaction"
means increasing the density of a
				  material by reducing the voids between the particles and is generally
				  accomplished by controlled placement and mechanical effort such as from
				  repeated application of wheel, track, or roller loads from heavy
				  equipment.
"Complete and accurate application"
means an
				  application for permit approval or approval for coal exploration where
				  required, which the Department determines to contain all information required
				  under the Act and this Chapter.
"Control or controller"
means when used in
				  Subchapter 17, Subchapter 21, and Subchapter 23 of this Chapter, refers
				  to:
(A) A permittee of a surface coal mining operation;
(B) An operator of a surface coal mining operation; or
(C) Any person who has the ability to determine the manner in
				  which a surface coal mining operation is conducted.
"Cropland"
means land used for the production of
				  adapted crops for harvest, alone or in a rotation with grasses and legumes, and
				  includes row crops, small grain crops, hay crops, nursery crops, orchard crops,
				  and other similar specialty crops.
"Cumulative impact area"
means the area,
				  including the permit area, within which impacts resulting from the proposed
				  operation may interact with the impacts of all anticipated mining on surface-
				  and ground-water systems. Anticipated mining shall include, at a minimum, the
				  entire projected lives through bond release of:
(A) the proposed operation,
(B) all existing operations,
(C) any operation for which a permit application has been
				  submitted to the Department and
(D) all operations required to meet diligent development
				  requirements for leased Federal coal for which there is actual mine development
				  information available.
"Disturbed area"
means an area where vegetation,
				  topsoil, or overburden is removed or upon which topsoil, spoil, coal processing
				  waste, underground development waste, or noncoal waste is placed by surface
				  coal mining operations. Those areas are classified as disturbed until
				  reclamation is complete and the performance bond or other assurance of
				  performance required by this Chapter is released.
"Diversion"
means a channel, embankment, or
				  other manmade structure constructed to divert water from one area to
				  another.
"Downslope"
means the land surface between the
				  projected outcrop of the lowest coalbed being mined along each highwall and a
				  valley floor.
"Drinking, domestic or residential water supply"
means water received from a well or spring and any appurtenant delivery system
				  that provides water for direct human consumption or household use. Wells and
				  springs that serve only agricultural, commercial, or industrial enterprises are
				  not included except to the extent the water is used for direct human
				  consumption, human sanitation, or domestic use.
"Embankment"
means an artificial deposit of
				  material that is raised above the natural surface of the land and used to
				  contain, divert, or store water, support roads or railways, or for other
				  similar purposes.
"Ephemeral stream"
means a stream which flows
				  only in direct response to precipitation in the immediate watershed or in
				  response to the melting of a cover of snow and ice, and which has a channel
				  bottom that is always above the local water table.
"Excess spoil"
means spoil material disposed of
				  in a location other than the mined-out area; provided that spoil material used
				  to achieve the approximate original contour or to blend the mined-out area with
				  the surrounding terrain in accordance with Sections
				  460:20-43-38(d)
				  and
				  460:20-45-38(d)
				  of this Chapter in non-steep slope areas shall not be considered excess
				  spoil.
"Existing structure"
means a structure or
				  facility used in connection with or to facilitate surface coal mining and
				  reclamation operations for which construction begins prior to the approval of a
				  State program.
"Federal program"
means a program established by
				  the Secretary pursuant to Section 504 of the Federal Act to regulate coal
				  exploration and surface coal mining and reclamation operations on non-Federal
				  and non-Indian lands within a State in accordance with P.L. 95-87 and this
				  Chapter.
(A) Complete Federal program means a program established by
				  the Secretary pursuant to Section 504 of the Federal Act before June 3, 1980 or
				  upon the complete withdrawal of the Oklahoma program after June 3, 1980 by
				  which the Director of OSM regulates all coal exploration and surface coal
				  mining and reclamation operations.
(B) Partial Federal program means a program established by
				  the Secretary pursuant to Sections 102, 201 and 504 of the Federal Act upon the
				  partial withdrawal of the Oklahoma program by which the Director of OSM may
				  regulate appropriate portions of coal exploration and surface coal mining and
				  reclamation operations.
"Fugitive dust"
means that particulate matter
				  not emitted from a duct or stack which becomes airborne due to the forces of
				  wind or surface coal mining and reclamation operations or both. During surface
				  coal mining and reclamation operations it may include emissions from haul
				  roads; wind erosion of exposed surfaces, storage piles, and spoil piles;
				  reclamation operations; and other activities in which material is either
				  removed, stored, transported, or redistributed.
"Gravity discharge"
means, with respect to
				  underground mining activities, mine drainage that flows freely in an open
				  channel down gradient. Mine drainage that occurs as a result of flooding a mine
				  to the level of the discharge is not gravity discharge.
"Ground cover"
means the area of ground covered
				  by the combined aerial parts of vegetation and the litter that is produced
				  naturally on site, expressed as a percentage of the total area of
				  measurement.
"Ground water"
means subsurface water that fills
				  available openings in rock or soil materials to the extent that they are
				  considered water saturated.
"Half-shrub"
means a perennial plant with a
				  woody base whose annually produced stems die back each year.
"Higher or better uses"
means postmining land
				  uses that have a higher economic value or nonmonetary benefit to the landowner
				  or the community than the premining land uses.
"Highwall"
means the face of exposed over burden
				  and coal in an open cut of a surface coal mining activity or for entry to
				  underground mining activities.
"Historically used for cropland"
means:
(A) Lands that have been used for cropland for any 5 years or
				  more out of the 10 years immediately preceding the acquisition, including
				  purchase, lease, or option, of the land for the purpose of conducting or
				  allowing through resale, lease or option the conduct of surface coal mining and
				  reclamation operations;
(B) Lands that the Department determines, on the basis of
				  additional cropland history of the surrounding lands and the lands under
				  consideration, that the permit area is clearly cropland but falls outside the
				  specific 5-years-in-10 criterion, in which case the regulations for prime
				  farmland may be applied to include more years of cropland history only to
				  increase the prime farmland acreage to be preserved; or
(C) Lands that would likely have been used as cropland for
				  any 5 out of the last 10 years, immediately preceding such acquisition but for
				  the same fact of ownership or control of the land unrelated to the productivity
				  of the land.
"Hydrologic balance"
means the relationship
				  between the quality and quantity of water inflow to, water outflow from, and
				  water storage in a hydrologic unit such as a drainage basin, aquifer, soil
				  zone, lake, or reservoir. It encompasses the dynamic relationships among
				  precipitation, runoff, evaporation, and changes in ground and surface water
				  storage.
"Hydrologic regime"
means the entire state of
				  water movement in a given area. It is a function of the climate and includes
				  the phenomena by which water first occurs as atmospheric water vapor, passes
				  into a liquid or solid form, falls as precipitation, moves along or into the
				  ground surface, and returns to the atmosphere as vapor by means of evaporation
				  and transpiration.
"Imminent danger to the health and safety of the
				  public"
means the existence of any condition or practice, or any
				  violation of a permit or other requirements of the Act in a surface coal mining
				  and reclamation operation, which could reasonably be expected to cause
				  substantial physical harm to persons outside the permit area before the
				  condition, practice, or violation can be abated. A reasonable expectation of
				  death or serious injury before abatement exists if a rational person, subjected
				  to the same condition or practice giving rise to the peril, would avoid
				  exposure to the danger during the time necessary for abatement.
"Impounding structure"
means a dam, embankment
				  or other structure used to impound water, slurry, or other liquid or
				  semi-liquid material.
"Impoundments"
means all water, sediment,
				  slurry, or other liquid or semi-liquid holding structures and depressions,
				  either naturally formed or artificially built.
"In situ processes"
means activities conducted
				  on the surface or underground in connection with in-place distillation,
				  retorting, leaching, or other chemical or physical processing of coal. The term
				  includes, but is not limited to, in situ gasification, in situ leaching, slurry
				  mining, solution mining, borehole mining, and fluid recovery mining.
"Intermittent stream"
means:
(A) A stream or reach of a stream that drains a watershed of
				  at least one square mile, or
(B) A stream or reach of a stream that is below the local
				  water table for at least some part of the year, and obtains its flow from both
				  surface runoff and ground water discharge.
"Irreparable damage to the environment"
means
				  any damage to the environment, in violation of the Act, the regulatory program,
				  or this Chapter, that cannot be corrected by actions of the applicant.
"Knowing or knowingly"
means that a person who
				  authorized, ordered, or carried out an act or omission knew or had reason to
				  know that the act or omission would result in either a violation or a failure
				  to abate or correct a violation.
"Land use"
means specific uses or
				  management-related activities, rather than the vegetation or cover of the land.
				  Land uses may be identified in combination when joint or seasonal uses occur
				  and may include land used for support facilities that are an integral part of
				  the use. Changes of land use from one of the following categories to another
				  shall be considered as a change to an alternative land use which is subject to
				  approval by the Department.
(A) Cropland. Land used for the production of adapted crops
				  for harvest, alone or in rotation with grasses and legumes, that include row
				  crops, small grain crops, hay crops, nursery crops, orchard crops, and other
				  similar crops.
(B) Pastureland or land occasionally cut for hay. Land used
				  primarily for the long-term production of adapted, domesticated forage plants
				  to be grazed by livestock or occasionally cut and cured for livestock
				  feed.
(C) Grazingland. Land used for grasslands and forest lands
				  where the indigenous vegetation is actively managed for grazing, browsing, or
				  occasional hay production.
(D) Forestry. Land used or managed for the long-term
				  production of wood, wood fiber, or wood-derived products.
(E) Residential. Land used for single-and multiple-family
				  housing, mobile home parks, or other residential lodgings.
(F) Industrial/Commercial. Land used for:
(i) Extraction or transformation of materials for fabrication
				  of products, wholesaling of products, or long-term storage of products. This
				  includes all heavy and light manufacturing facilities.
(ii) Retail or trade of goods or services, including hotels,
				  motels, stores, restaurants, and other commercial establishments.
(G) Recreation. Land used for public or private leisure-time
				  activities, including developed recreation facilities such as parks, camps, and
				  amusement areas, as well as areas for less intensive uses such as hiking,
				  canoeing, and other undeveloped recreational uses.
(H) Fish and wildlife habitat. Land dedicated wholly or
				  partially to the production, protection, or management of species of fish or
				  wildlife.
(I) Developed water resources. Land used for storing water
				  for beneficial uses, such as stockponds, irrigation, fire protection, flood
				  control, and water supply.
(J) Undeveloped land or no current use or land management.
				  Land that is undeveloped or, if previously developed, land that has been
				  allowed to return naturally to an undeveloped state or has been allowed to
				  return to forest through natural succession.
"Lands eligible for remining"
means those lands
				  that would otherwise be eligible for expenditures under 45 O.S., Section 740.0,
				  namely lands:
(A) Which were mined for coal or affected by such mining or
				  other coal mining processes; and
(B) Which were abandoned or left in inadequate reclamation
				  status prior to August 3, 1977; and
(C) For which there is no continuing reclamation
				  responsibility under state of other federal laws; or
(D) Which were mined for coal or affected by such mining or
				  other coal mining processes; and
(E) Which were left or abandoned in an inadequate reclamation
				  status between August 4, 1977, and January 19, 1981; and
(F) For which any funds for reclamation or abatement
				  available pursuant to a bond or other form of financial guarantee or from any
				  other sources are not sufficient to provide for adequate reclamation or
				  abatement; or
(G) Which were mined for coal or affected by such mining or
				  other coal mining processes; and
(H) Which were which were left or abandoned in an inadequate
				  reclamation status between August 4, 1977, and November 5, 1990; and
(I) For which the surety of the mining operator became
				  insolvent during such period and that, as of November 5, 1990, funds
				  immediately available from proceedings relating to such insolvency or from any
				  financial guarantee or other source are not sufficient to provide for adequate
				  reclamation or abatement.
"Material damage"
means any functional
				  impairment of surface lands, features, structures or facilities. The material
				  damage threshold includes:
(A) Any physical change that has a significant adverse impact
				  on the affected land's capability to support any current or reasonably
				  foreseeable uses or causes significant loss in production or income; or
(B) Any significant change in the condition, appearance or
				  utility of any structure or facility from its pre-subsidence condition;
				  or
(C) Any situation in which an imminent danger to a person
				  would be created.
"Moist bulk density"
means the weight of soil
				  (oven dry) per unit volume. Volume is measured when the soil is at field
				  moisture capacity (1/3 bar moisture tension). Weight is determined after drying
				  the soil at 105° C.
"MSHA"
means the Mine Safety and Health
				  Administration.
"Mulch"
means vegetation residues or other
				  suitable materials that aid in soil stabilization and soil moisture
				  conservation, thus providing micro-climatic conditions suitable for germination
				  and growth.
"Non-Commercial building"
means any building
				  other than an occupied residential dwelling, that, at the time the subsidence
				  occurs, is used on a regular or temporary basis as a public building or
				  community or institutional building as those terms are defined in section
				  460:20-7-3 of this
				  Chapter. Any building used only for commercial agricultural, industrial, retail
				  or other commercial enterprises is excluded.
"Noxious plants"
meansspecies that have been
				  included on official State lists of noxious plants for the State in which the
				  surface coal mining and reclamation operation occurs.
"Occupied
				  residential dwelling and structures"
means for purposes of
				  460:20-31-13
				  and
				  460:20-45-47,
				  any building or other structure that, at the time the subsidence occurs, issued
				  either temporarily, occasionally, seasonally, or permanently for human
				  habitation. This term also includes:
(A) Any building, structure or facility installed on, above
				  or below, or a combination thereof, the land surface if that building,
				  structure or facility is adjunct to or used in connection with an occupied
				  residential dwelling.
(B) Examples of such structures include, but are not limited
				  to:
(i) garages;
(ii) storage sheds or barns;
(iii) greenhouses and other related buildings;
(iv) utilities and cables;
(v) fences and other enclosures;
(vi) retaining walls;
(vii) paved or improved patios;
(viii) walks and driveways;
(ix) septic sewage treatment facilities; and
(x) lot drainage and lawn and garden irrigation
				  systems.
(C) Any structure used only for commercial agricultural,
				  industrial, retail or other commercial purposes is excluded.
"Operator"
means any person engaged in coal
				  mining who removes or intends to remove more than 250 tons of coal from the
				  earth or from coal refuse piles by mining within 12 consecutive calendar months
				  in any one location.
"Other treatment facilities"
means any chemical
				  treatments, such as flocculation or neutralization, or mechanical structures,
				  such as clarifier or precipitators, that have a point source discharge and are
				  utilized:
(A) To prevent additional contributions of dissolved or
				  suspended solids to streamflow or runoff outside the permit area, or
(B) To comply with all applicable State and Federal water
				  quality laws and regulations.
"Outslope"
means the face of the spoil or
				  embankment sloping downward from the highest elevation to the toe.
"Overburden"
means material of any nature,
				  consolidated or unconsolidated, that overlies a coal deposit, excluding
				  topsoil.
"Own, owner, or ownership"
means as used in
				  Subchapter 17, Subchapter 21, and Subchapter 23 of this chapter (except when
				  used in the context of ownership of real property), being a sole proprietor or
				  owning of record in excess of 50 percent of the voting securities or other
				  instruments of ownership of an entity.
"Perennial stream"
means a stream or part of a
				  stream that flows continuously during all of the calendar year as a result of
				  ground-water discharge or surface runoff. The term does not include
				  intermittent stream or ephemeral stream.
"Performance bond"
means a surety bond,
				  collateral bond or self-bond or a combination thereof, by which a permittee
				  assures faithful performance of all the requirements of the Act, this Chapter,
				  the State program, and the requirements of the permit and reclamation
				  plan.
"Permanent diversion"
means a diversion
				  remaining after surface coal mining and reclamation operations are completed
				  which has been approved for retention by the Department and other appropriate
				  State and Federal agencies.
"Permanent impoundment"
means an impoundment
				  which is approved by the Department for retention as part of the postmining
				  land use.
"Permit"
means a permit to conduct surface coal
				  mining and reclamation operations issued by the Department pursuant to a State
				  program or by the Secretary pursuant to a Federal program. For purposes of the
				  Federal lands program, permit means a permit issued by the Department under a
				  cooperative agreement or by OSM where there is no cooperative agreement.
"Permit area"
means the area of land, indicated
				  on the approved map submitted by the operator with his or her application,
				  required to be covered by the operator's performance bond which shall include
				  the area of land upon which the operator proposes to conduct surface coal
				  mining and reclamation operations under the permit, including all disturbed
				  areas.
"Permittee"
means a person holding or required
				  by the Act or this Chapter to hold a permit to conduct surface coal mining and
				  reclamation operations issued by the State Department of Mines pursuant to the
				  Oklahoma program, or where a cooperative agreement pursuant to 45 O.S. Section
				  784 .
"Precipitation event"
means a quantity of water
				  resulting from drizzle, rain, snow, sleet, or hail in a limited period of time.
				  It may be expressed in terms of recurrence interval. As used in this Chapter,
				  precipitation event also includes that quantity of water emanating from snow
				  cover as snowmelt in a limited period of time.
"Previously mined area"
means land affected by
				  surface coal mining operations prior to August 3, 1977, that has not been
				  reclaimed to the standards of OAC 460, Chapter 20.
"Prime farmland"
means those lands which are
				  defined by the Secretary of Agriculture in 7 CFR 657 (Federal Register Vol. 4,
				  No. 21) and which have historically been used for cropland as that phrase is
				  defined above.
"Principal shareholder"
means any person who is
				  the record or beneficial owner of 10 percent or more of any class of voting
				  stock
"Property to be mined"
means both the surface
				  estates and mineral estates within the permit area and the area covered by
				  underground workings.
"Rangeland"
means land on which the natural
				  potential (climax) plant cover is principally native grasses, forbs, and shrubs
				  valuable for forage. This land includes natural grasslands and savannahs, such
				  as prairies, and juniper savannahs, such as brushlands. Except for brush
				  control, management is primarily achieved by regulating the intensity of
				  grazing and season of use.
"Reasonably available spoil"
means spoil and
				  suitable coal mine waste material generated by the remining operation or other
				  spoil or suitable coal mine waste material located in the permit area that is
				  accessible and available for use and that when rehandled will not cause a
				  hazard to public safety or significant damage to the environment.
"Recharge capacity"
means the ability of the
				  soils and underlying materials to allow precipitation and runoff to infiltrate
				  and reach the zone of saturation.
"Reclamation"
means those actions taken to
				  restore mined land as required by this Chapter to a postmining land use
				  approved by the Department.
"Recurrence interval"
means the interval of time
				  in which a precipitation event is expected to occur once, on the average. For
				  example, the 10-year 6-hour precipitation event would be that 6-hour
				  precipitation event expected to occur on the average once in 10 years.
"Reference area"
means a land unit maintained under appropriate
				  management for the purpose of measuring vegetation ground cover, productivity,
				  and plant species diversity that are produced naturally or by crop production
				  methods approved by the Department. Reference areas must be representative of
				  geology, soil, slope, and vegetation in the permit area.
"Refuse pile"
means a surface deposit of coal
				  mine waste that does not impound water, slurry, or other liquid or semi-liquid
				  material.
"Remining"
means conducting surface coal mining
				  and reclamation operations which affect previously mined areas.
"Renewable resource lands"
means aquifers and
				  areas for the recharge of aquifers and other underground waters, areas for
				  agricultural or silvicultural production of food and fiber, and
				  grazinglands.
"Replacement of water supply"
means, with
				  respect to protected water supplies contaminated, diminished, or interrupted by
				  coal mining operations, provision of water supply on both a temporary and
				  permanent basis equivalent to premining quantity and quality. Replacement
				  includes provision of an equivalent water delivery system and payment of
				  operation and maintenance costs in excess of customary and reasonable delivery
				  costs for premining water supplies.
(A) Upon agreement by the permittee and the water supply
				  owner, the obligation to pay such operation and maintenance costs may be
				  satisfied by a one-time payment in an amount which covers the present worth of
				  the increased annual operation and maintenance costs for a period agreed to by
				  the permittee and the water supply owner.
(B) If the affected water supply was not needed for the land
				  use in existence at the time of the loss, contamination, or diminution, and if
				  the supply is not needed to achieve the postmining land use, replacement
				  requirements may be satisfied by demonstrating that a suitable alternative
				  water source is available and could feasiblely be developed. If the latter
				  approach is selected, written concurrence must be obtained from the water
				  supply owner.
"Road"
means a surface right-of-way for purposes
				  of travel by land vehicles used in surface coal mining and reclamation
				  operations or coal exploration. A road consists of the entire area within the
				  right-of-way, including the roadbed, shoulders, parking and side areas,
				  approaches, structures, ditches, and surface. The term includes access and
				  haulroads constructed, used, reconstructed, improved, or maintained for use in
				  surface coal mining and reclamation operations or coal exploration, including
				  use by coal hauling vehicles to and from transfer, processing, or storage
				  areas. The term does not include ramps and routes of travel within the
				  immediate mining area or within spoil or coal mine waste disposal areas.
"Safety factor"
means the ratio of the available
				  shear strength to the developed shear stress, or the ratio of the sum of the
				  resisting forces to the sum of the loading or driving forces, as determined by
				  accepted engineering practices.
"Sedimentation pond"
means an impoundment used
				  to remove solids from water in order to meet water quality standards or
				  effluent limitations before the water leaves the permit area.
"Significant, imminent environmental harm to land, air
				  or water resources"
means:
(A) An environmental harm is an adverse impact on land, air,
				  or water resources which resources include, but are not limited to, plant and
				  animal life.
(B) An environmental harm is imminent, if a condition,
				  practice, or violation exists which:
(i) Is causing such harm; or,
(ii) May reasonably be expected to cause such harm at any
				  time before the end of the reasonable abatement time that would be set under
				  Section 777 of the Act.
(C) An environmental harm is significant if that harm is
				  appreciable and not immediately reparable.
"Siltation structure"
means a sedimentation
				  pond, a series of sedimentation ponds, or other treatment facility.
"Slope"
means average inclination of a surface,
				  measured from the horizontal, generally expressed as the ratio of a unit of
				  vertical distance to a given number of units of horizontal distance (e.g.,
				  1v:5h). It may also be expressed as a percent or in degrees.
"Soil Horizons"
means contrasting layers of soil
				  parallel or nearly parallel to the land surface. Soil horizons are
				  differentiated on the basis of field characteristics and laboratory data. The
				  four master soil horizons are:
(A) A horizon. The uppermost mineral layer, often called the
				  surface soil. It is the part of the soil in which organic matter is most
				  abundant, and leaching of soluble or suspended particles is typically the
				  greatest;
(B) E horizon. The layer commonly near the surface below an A
				  horizon and above a B horizon. An E horizon is most commonly differentiated
				  from an overlying A horizon by lighter color and generally has measurably less
				  organic matter than the A horizon. An E horizon is most commonly differentiated
				  from an underlying B horizon in the same sequum by color of higher value or
				  lower chroma, by coarser texture, or by a combination of theses
				  properties.
(C) B horizon. The layer that typically is immediately
				  beneath the E horizon and often called the subsoil. This middle layer commonly
				  contains more clay, iron, or aluminum than the A, E, or C horizons; and
(D) C horizon. The deepest layer of soil profile. It consists
				  of loose material or weathered rock that is relatively unaffected by biologic
				  activity.
"Soil survey"
means a field and other
				  investigation, resulting in a map showing the geographic distribution of
				  different kinds of soils and an accompanying report that describes, classifies,
				  and interprets such soils for use. Soil surveys must meet the standards of the
				  National Cooperative Soil Survey as incorporated by reference in Section
				  460:20-33-1(c)(1)
				  of this Chapter.
"Spoil"
means overburden that has been removed
				  during surface coal mining operations.
"Stabilize"
means to control movement of soil,
				  spoil piles, or areas of disturbed earth by modifying the geometry of the mass,
				  or by otherwise modifying physical or chemical properties, such as by providing
				  a protective surface coating.
"State program"
means a program established by a
				  State and approved by the Secretary pursuant to Section 503 of the Federal Act
				  to regulate surface coal mining and reclamation operations on non-Indian and
				  non-Federal lands within that State, according to the requirements of the Act
				  and in this Chapter. If a cooperative agreement has been entered into, a State
				  program may apply to Federal lands, in accordance with the terms of the
				  cooperative agreement.
"Steep slope"
means any slope of more than 20
				  degrees or such lesser slope as may be designated by the Department after
				  consideration of soil, climate, and other characteristics of a region or
				  State.
"Substantially disturb"
means, for the purpose
				  of coal exploration, to significantly impact land or water resources by
				  blasting; by removal of vegetation, topsoil, or overburden; by construction of
				  roads or other access routes; by placement of excavated earth or waste material
				  on the natural land surface or by other such activities; or to remove more than
				  250 tons of coal.
"Successor in interest"
means any person who
				  succeeds to rights granted under a permit, by transfer, assignment, or sale of
				  those rights.
"Surface mining activities"
means those surface
				  coal mining and reclamation operations incident to the extraction of coal from
				  the earth by removing the materials over a coal seam, before recovering the
				  coal, by auger coal mining, or by recovery of coal from a deposit that is not
				  in its original geologic location.
"Suspended solids"
or nonfilterable residue,
				  expressed as milligrams per liter, means organic or inorganic materials carried
				  or held in suspension in water which are retained by a standard glass fiber
				  filter in the procedure outlined by the Environmental Protection Agency's
				  regulations for waste water and analyses ( 40 CFR 136 ).
"Temporary diversion"
means a diversion of a
				  stream or overland flow which is used during coal exploration or surface coal
				  mining and reclamation operations and not approved by the Department to remain
				  after reclamation as part of the approved postmining land use.
"Temporary impoundment"
means an impoundment
				  used during surface coal mining and reclamation operations, but not approved by
				  the Department to remain as part of the approved postmining land use.
"Topsoil"
means the A and E soil horizon layers
				  of the four master soil horizons.
"Toxic-forming materials"
means earth materials
				  or wastes which, if acted upon by air, water, weathering, or microbiological
				  processes, are likely to produce chemical or physical conditions in soils or
				  water that are detrimental to biota or uses of water.
"Toxic mine drainage"
means water that is
				  discharged from active or abandoned mines or other areas affected by coal
				  exploration or surface coal mining and reclamation operations, which contains a
				  substance that through chemical action or physical effects is likely to kill,
				  injure, or impair biota commonly present in the area that might be exposed to
				  it.
"Transfer, assignment, or sale of permit rights"
means a change of a permittee.
"Unanticipated event or condition"
means, as
				  used in
				  460:20-15-6,
				  an event or condition related to prior mining activity which arises from a
				  surface coal mining and reclamation operation on lands eligible for remining
				  and which was not contemplated by the applicable permit.
"Underground development waste"
means waste-rock
				  mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related
				  materials that are excavated, moved, and disposed of from underground workings
				  in connection with underground mining activities.
"Underground mining activities"
means a
				  combination of:
(A) Surface operations incident to underground extraction of
				  coal or in situ processing, such as construction, use, maintenance, and
				  reclamation of roads, above-ground repair areas, storage areas, processing
				  areas, shipping areas, areas upon which are sited support facilities including
				  hoist and ventilating ducts, areas utilized for the disposal and storage of
				  waste, and areas on which materials incident to underground mining operations
				  are placed; and
(B) Underground operations such as underground construction,
				  operation, and reclamation of shafts, adits, underground support facilities, in
				  situ processing, and underground mining, hauling, storage, and blasting.
"Undeveloped rangeland"
means, for purposes of
				  alluvial valley floors, lands where the use is not specifically controlled and
				  managed.
"Upland areas"
means, with respect to alluvial
				  valley floors, those geomorphic features located outside the floodplain and
				  terrace complex, such as isolated higher terraces, alluvial fans, pediment
				  surfaces, landslide deposits, and surfaces covered with residuum, mud flows or
				  debris flows, as well as highland areas underlain by bedrock and covered by
				  residual weathered material or debris deposited by sheetwash, rillwash, or
				  windblown material.
"Valley fill"
means a fill structure consisting
				  of any material, other than organic material, that is placed in a valley where
				  side slopes of the existing valley, measured at the steepest point, are greater
				  than 20 degrees, or where the average slope of the profile of the valley from
				  the toe of the fill to the top of the fill is greater than 10 degrees.
"Violation"
when used in the context of the
				  permit application information or permit eligibility requirements of Sections
				  45 O.S. 745.8 and 45 O.S. 745.9 of the Act and related regulations
				  means:
(A) A failure to comply with an applicable provision of a
				  Federal or State law or regulation pertaining to air or water environmental
				  protection, as evidenced by a written notification from a governmental entity
				  to the responsible person; or
(B) A noncompliance for which OSM has provided one or more of
				  the following types of notice or a State regulatory authority has provided
				  equivalent notice under corresponding provisions of a State regulatory
				  program:
(i) A notice of violation under Section
				  460:20-59-4
				  of this chapter.
(ii) A cessation order under Section
				  460:20-59-3 of
				  this chapter.
(iii) A final order, bill, or demand letter pertaining to a
				  delinquent civil penalty assessed under Subchapter 61 or Subchapter 63 of this
				  chapter.
(iv) A bill or demand letter pertaining to delinquent
				  reclamation fees owed under Subchapter 15 of this chapter.
(v) A notice of bond forfeiture under Section
				  460:20-37-16
				  of this chapter when:
(I) One or more violations upon which the forfeiture was
				  based have not been abated or corrected;
(II) The amount forfeited and collected is insufficient for
				  full reclamation under Section
				  460:20-37-16(d)(1)
				  of this chapter, the regulatory authority orders reimbursement for additional
				  reclamation costs, and the person has not complied with the reimbursement
				  order; or
(III) The site is covered by an alternative bonding system
				  approved under Section 460:20-37(e)(4) of this chapter, that system requires
				  reimbursement of any reclamation costs incurred by the system above those
				  covered by any site-specific bond, and the person has not complied with the
				  reimbursement requirement and paid any associated penalties.
"Violation, failure or refusal,"
for purposes of
				  Subchapters 61 and 63 of this chapter, means:
(A) A failure to comply with a condition of a permit that the
				  Department Of Mines has issued; or
(B) A failure or refusal to comply with any order issued
				  under section 776 of the Act, or any order incorporated in a final decision
				  issued by the Department under the Act, except an order incorporated in a
				  decision issued under Section 769 of the Act.
"Violation notice",
means any written
				  notification from a government entity of a violation of law, whether by letter,
				  memorandum; legal or administrative pleading, or other written
				  communication.
"Water table"
means the upper surface of a zone
				  of saturation, where the body of ground water is not confined by an overlying
				  impermeable zone.
"Willful or willfully"
means that a person who
				  authorized, ordered or carried out an act or omission that resulted in either a
				  violation or the failure to abate or correct a violation acted:
(A) Intentionally, voluntarily, or consciously; and
(B) With intentional disregard or plain indifference to legal
				  requirements.
"Willful violation"
means an act or omission
				  which violates the Act, this chapter, the applicable program, or any permit
				  condition committed by a person who intends the result which actually
				  occurs.
Amended at 12 Ok Reg
				  3592, eff 10-12-95; Amended at 14 Ok Reg 3480, eff 8-11-97; Amended at 16 Ok
				  Reg 3526, eff 9-13-99; Amended at 18 Ok Reg 3202, eff 7-26-01; Amended at 27 Ok
				  Reg 2558, eff 7-25-10