reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-14 - Environment, public health and safety conditions of permits

Current through Vol. 41, No. 20, July 1, 2024
Each permit issued by the Department shall ensure the
				  following:
(1) Permittee shall take
				all possible steps to minimize any hazardous impact to the environment or
				public health and safety resulting from non compliance with any term or
				condition of the permit, including, but not limited to:
(A) Any accelerated or additional monitoring
				necessary to determine the nature and extent of noncompliance and the results
				of noncompliance;
(B) Immediate
				implementation of measures necessary to comply; and
(C) Warning, as soon as possible after
				learning of such noncompliance, any person whose health and safety is in
				imminent danger due to the noncompliance.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-15 - Administrative review

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Within 30 days after an applicant or permittee is
				notified of the decision of the department concerning an application for
				approval of a permit for mining, the applicant, permittee, or any person with
				an interest which is or may be adversely affected may request a hearing on the
				reasons for the decision, in accordance with this Section.
(b)
Administrative hearings.
(1) The hearing shall be on the record and
				adjudicatory in nature. No person who presided at an informal conference under
				Section
				460:10-17-7
				shall either preside at the hearing or participate in the decision following
				the hearing or administrative appeal.
(2) The Department may, under such conditions
				as it prescribes, grant such temporary relief as it deems appropriate, pending
				final determination of the proceedings, if:
(A) All parties to the proceeding have been
				notified and given an opportunity to be heard on a request for temporary
				relief;
(B) The person requesting
				that relief shows that there is a substantial likelihood that he or she will
				prevail on the merits of the final determination of the proceedings;
(C) The relief sought will not adversely
				affect the public health or safety, or course significant, imminent
				environmental harm to land, air, or water resources;
(D) The relief sought is not the issuance of
				a permit where a permit has been denied, in whole or in part, by the Department
				except that continuation under an existing permit may be allowed where the
				operation has a valid permit issued under 45 O.S. Section 724 of the
				Act.
(3) The hearing
				shall be conducted in accordance with OAC:
				460:3-1-5
				of the Non-Coal Rules of Practice and Procedures.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-16 - Judicial review

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Any applicant or any person with an interest which is or
				maybe adversely affected and who has participated in the administrative
				hearings as an objector may appeal as provided in Subsection (b) of this
				section if the applicant or person is aggrieved by the decision of the hearing
				authority in the administrative hearing conducted pursuant to Section
				460:10-17-15
				of this Chapter;
(b)
Judicial
				review under Chapter 10, Non-Coal Mining.
The action of the hearing
				authority identified in Subsection (a) of this Section shall be subject to
				judicial review by a court of competent jurisdiction, as provided for in the
				Oklahoma Administrative Procedures Act, 75 O.S. Section 308(a) et
				seq.
Added at 15 Ok Reg 3955,
				  eff 7-22-98 (emergency); Added at 16 Ok Reg 1609, eff
				  5-27-99
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 19 - Permit Revisions, Amendments, Renewals, and Transfers › Section 460:10-19-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the minimum requirements for
				  revisions to permits previously issued by the Department and renewal and
				  transfer or sale of permits previously issued by the
				  Department.
Amended at 21 Ok Reg
				  2977, eff 7-26-04
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 19 - Permit Revisions, Amendments, Renewals, and Transfers › Section 460:10-19-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of this Subchapter are to provide for
				  procedures for the Department to review, renew, and transfer or sale of
				  permits.
Amended at 21 Ok Reg
				  2977, eff 7-26-04
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 19 - Permit Revisions, Amendments, Renewals, and Transfers › Section 460:10-19-3 - Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
The Department shall:
(1) Ensure that permits are revised prior to
				changes in non-coal surface mining and reclamation operations;
(2) Effectively review and act on
				applications to renew existing permits, in a timely manner to ensure that
				non-coal surface mining and reclamation operations continue, if they comply
				with 45 O.S., Section 721 et seq., and this Chapter.
(3) Review and ensure that all transfers or
				sales of non-coal mining permit comply with the requirements of 45 O.S.,
				Section 721 et seq., this Subchapter, and this Chapter.
Amended at 21 Ok Reg
				  2977, eff 7-26-04
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 19 - Permit Revisions, Amendments, Renewals, and Transfers › Section 460:10-19-4 - Permit revisions and amendments

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				revision to a permit shall be obtained:
(1)
				For changes in the non-coal surface mining and reclamation operations described
				in the original application and approved under the original permit, when such
				changes constitute a significant departure from the method of conduct of mining
				and or reclamation operations contemplated by the original permit. Significant
				departures would include any enlargement in the permit area.
(2) For mergers, conversions or other
				modifications to the nature of the business entity permitted.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 19 - Permit Revisions, Amendments, Renewals, and Transfers › Section 460:10-19-5 - Permit renewals

Current through Vol. 41, No. 20, July 1, 2024
(a)
General requirements.
(1) Any
				valid, existing permit issued pursuant to a regulatory program shall carry with
				it the right of successive renewal upon the expiration of the term of the
				permit, in accordance with sections (b) and (c) of this Subchapter. Successive
				renewal shall be available only for those areas which were specifically
				approved by the Department on the application for the existing permit and
				within the boundaries of the permit.
(2) Permit renewals shall not be available
				for constructing surface non-coal mining and reclamation operations on lands
				beyond the boundaries of the mining areas approved under the existing
				permit.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 19 - Permit Revisions, Amendments, Renewals, and Transfers › Section 460:10-19-6 - Permit transfers or sales

Current through Vol. 41, No. 20, July 1, 2024
(a) Permits issued to an operator may be
				transferred to another operator, provided the new operator can demonstrate to
				the Department, prior to the transfer of interests, that conditions and
				obligations required for the permit will be met and the new operator has
				submitted a reclamation bond or other reclamation guarantee, or has obtained
				the bond coverage equivalent to the original permittee.
(b)
Application requirements.
An
				applicant for the transfer or sale of an existingpermit or permit rights shall
				file a complete application for such transfer or sale with the Department. The
				application shall include, at a minimum:
(1)
				The name and address of the Applicant;
(2) The name and address of the existing
				permittee and the permit number to be transferred;
(3) A brief description of the proposed
				transfer or sale, including verification by the predecessor-in-interest of the
				proposed transfer or sale; and
(4)
				The legal, financial, compliance, and related information required by
				Subchapter 11 of this Chapter pertaining to the Applicant of the transfer or
				sale of permit rights.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 21 - General Requirements for Bonding of Non-Coal Surface Mining and Reclamation Operations › Section 460:10-21-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the provisions for bonding and
				  insuring non-coal surface mining and reclamation operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 21 - General Requirements for Bonding of Non-Coal Surface Mining and Reclamation Operations › Section 460:10-21-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objective of this Subchapter is to set forth the minimum
				  requirements and responsibilities for filing and maintaining bond and insurance
				  for non-coal surface mining and reclamation activities.
Amended at 26 Ok Reg
				  3002, eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 21 - General Requirements for Bonding of Non-Coal Surface Mining and Reclamation Operations › Section 460:10-21-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Subchapter
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Cash"
means:
(A) all cash items except cash
(i) restricted by an agreement, or
(ii) described as earmarked for a particular purpose;
				  and
(B) short-term investments such as stocks, bonds, notes, and
				  certificates of deposit, where the intent and ability to sell them in the near
				  future is established by the operator;
(C) all occurred interest shall be payable to the permittee
				  upon demand.
"Collateral bond"
means an indemnity agreement
				  in a sum certain payable to the Department or executed by the permittee and
				  supported by one or more of the following:
(A) The deposit of cash in one or more federally insured
				  accounts, payable only to the Department on demand.
(B) Negotiable bonds of the United States, the State of
				  Oklahoma, or a municipalize, endorsed to the order of, and in the possession
				  of, the Department;
(C) Negotiable certificates of deposit, payable only to the
				  Department and in its possession;
(D) An irrevocable letter of credit of any bank organized or
				  authorized to transact business in the United States, payable only upon
				  presentation by the Department.
"Surety bond"
means an indemnity agreement in a
				  sum certain payable to the Department executed by the permittee which is
				  supported by the performance guarantee of a corporation licensed to do business
				  as a surety in Oklahoma.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 21 - General Requirements for Bonding of Non-Coal Surface Mining and Reclamation Operations › Section 460:10-21-4 - Requirements to file a bond

Current through Vol. 41, No. 20, July 1, 2024
(a)
				After an application for a new, revised, or renewed permit to conduct non-coal
				surface mining and reclamation operations has been approved under this Chapter,
				but before such permit is issued, the applicant shall file with the Department
				a performance bond payable to the Department. The performance bond will be
				conditioned upon the faithful performance of all the requirements of the state
				law, this Chapter, and the performance bond shall conform to the requirements
				of Subchapters 21 and 25 of this Chapter or Subchapter 10 for limited use
				permits.
(b) An operator shall not
				disturb surface acreage or extend any underground shafts, tunnels, or
				operations prior to receipt of approval from the Department of a performance
				bond covering the surface acreage to be affected.
(1) Liability on the performance bond shall
				cover all non-coal surface mining and reclamation operations to be conducted
				within the permit area. Except for limited use permits, after the amount of the
				bond has been determined for the permit area in accordance with Subchapter 23
				of this Chapter, the permittee or applicant may either file:
(A) The entire performance bond required
				during the term of the permit;
(B)
				A cumulative bond schedule and the sequence of release of acreage as it
				progresses through varying reclamation phases and for the addition of acreage
				as it is affected. The amount of bond required to obtain a permit shall include
				the full reclamation cost of the initial area being affected; or
(C) An incremental bond schedule and the new
				performance bond required for he first increment in the schedule.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 21 - General Requirements for Bonding of Non-Coal Surface Mining and Reclamation Operations › Section 460:10-21-5 - Department responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Department shall prescribe and furnish forms for filing performance
				bonds.
(b) The Department shall
				prescribe terms and conditions for performance bonds.
(c) The Department shall determine the amount
				of the performance bond required for the permit area, including adjustments to
				the initial amount from time to time as land acreage in the permit area are
				revised, or when other relevant conditions change according to the minimum
				requirements of Section
				460:10-23-2.
(d) The Department shall release the
				permittee from his bond requirements consistent with Subchapter 27 of this
				Chapter.
(e) The Department shall
				cause all or part of a bond to be forfeited consistent with Subchapter 29 of
				this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 23 - Amount and Duration of Performance Bond › Section 460:10-23-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the provisions for determining the
				  amounts and time periods of liability for performance bonds for non-coal
				  surface mining and reclamation operations and certain exploration
				  activities.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 23 - Amount and Duration of Performance Bond › Section 460:10-23-2 - Determination of bond amount

Current through Vol. 41, No. 20, July 1, 2024
The standard applied by the Department in determining the
				  amount of the performance bond shall be the estimated cost to the Department if
				  it had to perform the reclamation, restoration, and abatement work required of
				  a person who conducts non-coal surface mining and reclamation operations under
				  the act, these regulations, and the permit, and such additional work as would
				  be required to achieve compliance with the general standards of 45 O.S. (1981),
				  Section 725.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 23 - Amount and Duration of Performance Bond › Section 460:10-23-3 - Minimum amount

Current through Vol. 41, No. 20, July 1, 2024
The amount of the bond for non-coal surface mining and
				  reclamation operations will be $2,000.00 at a minimum, for the entire area
				  under one permit and be sufficient to assure performance of reclamation,
				  restoration and abatement work required of a person who conducts non-coal
				  surface mining and reclamation operations under the Act, this Chapter, and the
				  provisions of the permit, if the work had to be performed by the Department in
				  the event of forfeiture.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 23 - Amount and Duration of Performance Bond › Section 460:10-23-4 - Period of liability

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Liability under performance bond(s) applicable to a permit shall continue in
				effect until work has been completed.
(b) The bond liability of the permit tee
				shall include only those actions which the operator is obliged to take under
				the permit, including completion of the reclamation plan in such a manner that
				the land will be capable of supporting a post-mining land use approved under 45
				O.S. 1981, Sec. 725. Actions of third parties which are beyond the control or
				influence of the operator and for which the operator is not responsible under
				the permit need not be covered by the bond.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 23 - Amount and Duration of Performance Bond › Section 460:10-23-5 - Adjustment of amount

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				amount of the performance bond liability applicable to a permit shall be
				adjusted by the Department as the acreage in the permit area is revised,
				methods of mining operation change, standards of reclamation change, or when
				the cost of future reclamation, restoration, or abatement work changes. The
				Department shall notify persons involved in bond coverage of any proposed bond
				adjustments and provide those persons an opportunity for an informal conference
				on the adjustment. For purposes of this Section, a person involved in bond
				coverage shall include the permittee, the surety and any other person with a
				property interest in collateral posted under the bonding regulations who has in
				writing to the Department requested such notification at the time the
				collateral is posted or the interest is acquired, whichever occurs later. The
				Department shall review each outstanding performance bond at the time permit
				reviews are conducted under
				460:10-19-1, and shall
				re-evaluate those performance bonds in accordance with the standards in Section
				460:10-23-2.
(b) A permittee, surety, or any person with
				property interest in collateral offered as bond coverage may request reduction
				of the required performance bond amount upon submission of evidence to the
				Department proving that the permittee's method of operation or other
				circumstances will reduce the maximum estimated cost to the Department if it
				has to complete the reclamation and therefore warrants a reduction of the bond
				amount. The request shall be considered as a request for partial bond release
				in accordance with the procedures of Subchapter 27 of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 25 - Form, Conditions, and Terms of Performance Bonds › Section 460:10-25-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the provisions for the form of
				  bond for non-coal surface mining and reclamation operations and limited use
				  permits, and the terms and conditions applicable to bonds.
Amended at 26 Ok Reg
				  3002, eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 25 - Form, Conditions, and Terms of Performance Bonds › Section 460:10-25-2 - Form of the performance bond

Current through Vol. 41, No. 20, July 1, 2024
(a) The form of the performance bond shall be
				prescribed by the Department in accordance with the provisions of Subchapters
				23 of this Chapter and this Subchapter. The Department may allow:
(1) A Surety Bond; or
(2) A Collateral Bond;
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 25 - Form, Conditions, and Terms of Performance Bonds › Section 460:10-25-3 - Terms and conditions of the bond

Current through Vol. 41, No. 20, July 1, 2024
(a) The performance bond shall be in the amount determined by the Department as provided in Section 460:10-23-2 and 460:10-23-3 or as provided in 460:10-10-5 for limited use permits.
(b) The performance bond shall be payable to the Department.
(c) The performance bond shall be conditioned upon faithful performance of all the requirements of the Mining Lands Reclamation Act, this Chapter, and the conditions of the permit and shall cover the entire permit area.
(d) The duration of the bond shall be for the entire period provided in Section 460:10-23-4.
(e) Collateral Bonds, except Letters of Credit, shall be subject to the following conditions:
(1) The Department shall obtain possession of and keep in custody all collateral deposited by the applicant, until authorized for release or replacement as provided in the bonding regulations contained in Subchapters 21, 23, and 27 of this Chapter.
(2) The Department shall value collateral at their current market value, not face value.
(3) The Department shall require that Certificates of Deposit be assigned to the Department in writing, and upon the books of the bank issuing such certificates.
(4) The Department shall not accept an individual certificate for a denomination in excess of the maximum insurable amount as determined by FDIC and FSIC.
(5) The Department shall require the banks issuing these certificates to waive all rights to setoff or liens which it has or might have against those certificates.
(6) The Department shall only accept automatically renewable Certificates of Deposits.
(7) The Department shall require the applicant to deposit sufficient amounts of certificates of deposits, to assure that the Department will be able to liquidate those certificates prior to maturity, upon forfeiture, for the amount of the bond required under the bonding regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 25 - Form, Conditions, and Terms of Performance Bonds › Section 460:10-25-4 - Replacement of bonds

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department may allow permittees to replace existing surety or collateral bonds
				with other surety or collateral bonds, if the liability which has occurred
				against the permittee on the permit area is transferred to such replacement
				bonds.
(b) The Department shall not
				release existing performance bonds until the permittee has submitted and the
				Department has approved acceptable replacement performance bonds. A replacement
				of performance bonds pursuant to this Section shall not constitute a release of
				bond under Subchapter 27 of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 27 - Release of Performance Bond › Section 460:10-27-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the minium provisions for release
				  of performance bonds for non-coal surface mining and reclamation operations,
				  except for limited use permits. This includes the filing, notice, and hearing
				  requirements, and the standards by which applications for release shall be
				  evaluated.
Amended at 26 Ok Reg
				  3002, eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 27 - Release of Performance Bond › Section 460:10-27-2 - Procedures for seeking release of performance bond

Current through Vol. 41, No. 20, July 1, 2024
(a) The permittee or any person authorized to
				act on his behalf, may file an application with the Department for release of
				all or part of the performance bond liability applicable to a particular permit
				after all reclamation, restoration and abatement work in a reclamation phase as
				defined in 45 O.S. (1981), Section 725 has been completed on any part of the
				permit area or on an area approved pursuant to Section
				460:10-27-3(b)
				(2) for the incremental filing and release of bond liability.
(b) The Department shall inspect and evaluate
				the reclamation work involved within 30 days after receiving a completed
				application for bond release, or as soon thereafter as weather conditions
				permit. The surface owner, or agent, or lessee shall be given notice of such
				inspection and may participate with the Department in making the bond release
				inspection.
(c) The Department
				shall consider, during inspection evaluation,
(1) Whether the permittee has met the
				criteria for release of the bond under Section
				460:10-27-3;
(2) The degree of difficulty in completing
				any remaining reclamation, restoration or abatement work.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 27 - Release of Performance Bond › Section 460:10-27-3 - Criteria and schedule for release of performance bond

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may release portions of
				the liability under performance bonds applicable to the permit area following
				completion of reclamation as defined in 45 O.S. (1981), Section 725 and this
				Chapter.
(b) The maximum liability
				of performance bonds applicable to an increment or permit area which may be
				released shall be calculated on the following basis:
(1) Release of an amount not to exceed 80
				percent of the penal sum of the bond filed for each acre of land
				graded.
(2) Release of the
				remaining portion of the total performance bond on the increment or permit area
				after standards of 45 O.S. (1981), Section 725 have been attained and final
				inspection and procedures of this Section have been satisfied.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 28 - Release of Performance Bond on Limited Use Permits › Section 460:10-28-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the minium requirements for the
				  release of performance bond issued on limited use permits.
Added at 26 Ok Reg 3002,
				  eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 28 - Release of Performance Bond on Limited Use Permits › Section 460:10-28-2 - Procedures for seeking release of performance bonds on limited use permits

Current through Vol. 41, No. 20, July 1, 2024
(a) The permittee
				or any person authorized to act on his or her behalf may file an application
				with the Department of for release of all or part of the performance bond
				liability.
(b) The permittee shall
				send written notification to the surface owner of the application for release
				of the performance bond within thirty (30) days of its application with the
				Department.
(c) The Department
				shall inspect and evaluate the reclamation work within thirty (30) days after
				receiving a bond release application, or as soon thereafter as weather
				conditions allow.
(d) The
				Department shall notify the permittee and the surface owner of its decision to
				release or not to release all or part of the performance bond or deposit within
				sixty (60) days from receipt of the completed application.
Added at 26 Ok Reg 3002,
				  eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 28 - Release of Performance Bond on Limited Use Permits › Section 460:10-28-3 - Criteria and schedule for release of limited use permit performance bond

Current through Vol. 41, No. 20, July 1, 2024
The Department may release portions of liability under
				  performance bonds applicable to the permit area following the completion of
				  reclamation as defined in 45 O.S. Section 725 and this
				  Chapter.
Added at 26 Ok Reg 3002,
				  eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 29 - Performance Bond Forfeiture › Section 460:10-29-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the provisions to be applicable
				  whenever the Department initiates a proceeding for the forfeiture of all or any
				  part of a bond, as a result of the permittee's failure to meet the conditions
				  upon the bond.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 29 - Performance Bond Forfeiture › Section 460:10-29-2 - General

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				shall forfeit all or part of a bond for any permit where required or authorized
				by Section
				460:10-29-4.
(b) The Department may withhold forfeiture,
				if the permittee and surety, if applicable agree to a compliance schedule to
				comply with the violations of the permit or bond conditions.
(c) The Department may allow the surety to
				complete the reclamation plan if the surety can demonstrate the ability to
				complete the reclamation plan, including achievement of the capability to
				support the alternative postmining land use approved by the Department. No bond
				shall be released, except for partial releases authorized under Section
				460:10-27-2,
				until successful completion of all reclamation under the terms of the permit,
				including applicable liability periods of Subchapter 27 of this
				Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 29 - Performance Bond Forfeiture › Section 460:10-29-3 - Procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) In the event
				forfeiture of the bond is required by Sections
				460:10-29-2 and
				460:10-29-4,
				the Department shall:
(1) Send written
				notification by certified mail, return receipt requested to the permittee, and
				the surety on the bond, if applicable, of the Department's determination to
				forfeit all or part of the bond and the reasons for the forfeiture, including a
				finding of the amount to be forfeited;
(2) Advise the permittee and surety, if
				applicable, of any rights of appeal that may be available from the
				determination under State Law;
(3)
				Proceed in an action for collection on the bond as provided by applicable laws
				for the collection of defaulted bonds or other debts, consistent with this
				Section, for the amount forfeited, if an appeal is not filed within a time
				established by the Department and a stay of collection issued by the hearing
				authority or such appeal is unsuccessful; and
(4) If an appeal is filed, defend the
				action.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 29 - Performance Bond Forfeiture › Section 460:10-29-4 - Criteria for forfeiture

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				bond shall be forfeited, if the Department finds that:
(1) The permittee has violated any of the
				terms or conditions of the bond and has failed to take corrective
				action.
(2) The permittee has
				failed to conduct the surface mining and reclamation operations in accordance
				with 45 O.S. (1981), Section 721 et seq., the conditions of this Chapter and
				the permit within the time required, and the Department has determined that it
				is necessary, in order to fulfill the requirements of the permit and the
				reclamation plan, to have someone other than the operator correct or complete
				reclamation;
(3) The permit for the
				area under the bond has been revoked, unless the operator or surety assumes
				liability for completion of the reclamation and is, in the opinion of the
				Department, diligently and satisfactorily performing such work; or
(4) The permittee has failed to comply with a
				compliance schedule approved pursuant to Section
				460:10-29-2(b).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 29 - Performance Bond Forfeiture › Section 460:10-29-5 - Determination of forfeiture amount [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2977, eff 7-26-04
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter established guidelines for the safe use of
				  explosives in non-coal surface mining operations and records keeping for the
				  blasting activities of such operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
The objective of this Subchapter is to ensure that the
				  general public and mine employees are protected through the safe utilization of
				  explosives, and to ensure the proper keeping of records necessary to ensure
				  compliance with this subchapter, this Chapter and 45 O.S. (1981), Section 721
				  et seq.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Department is authorized, through this Subchapter and
				  Subchapter 35 of this Chapter, to make necessary inspections to monitor
				  compliance with this Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-4 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
It is the responsibility of the mine operator to conduct his
				  operation and the use of explosives in a safe manner and to maintain the
				  records required by this Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-5 - 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 in the use of explosives.
(b) All blasting operations shall be
				conducted by experienced, trained and competent persons who understand the
				hazards involved. Each person responsible for blasting operations shall possess
				a valid certificate as required by 45 O.S. (1981), Section 902.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-6 - Use of explosives - blasting plan

Current through Vol. 41, No. 20, July 1, 2024
Each mining permit application shall contain a Blasting Plan
				  for the proposed permit area and include the following information:
(1) Types and appropriate amounts of
				explosives to be used for each type of blasting operation to be
				conducted;
(2) Description of
				procedures and plans for recording and retention of information during
				blasting; and
(3) Description of
				blasting warnings and site access control equipment and procedures.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-7 - Public notice of blasting warning signals and control

Current through Vol. 41, No. 20, July 1, 2024
Each operator shall submit a plan that addresses;
(1) Methods to be used to control access to
				the blasting area; and
(2) Types of
				audible warnings and all clear signals to be used before and after
				blasting.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-8 - Blasting requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				blasting shall be conducted between sunrise and sunset.
(1) The Department may specify more
				restrictive time periods, based upon public requests or other relevant
				information, according to the need to adequately protect the public from
				adverse noise.
(2) Blasting may,
				however, be conducted between sunset and sun rise if:
(A) A blast that has been prepared during the
				afternoon must be delayed due to the occurrence of an unavoidable hazardous
				condition and cannot be delayed until the next day because a potential safety
				hazard could result that cannot be adequately mitigated;
(B) A complete written report of blasting at
				night is filed by the operator with the Department not later than three days
				after the night blasting. The report shall include the reasons for the delay in
				blasting, including why the blast could not be held over to the next day, when
				the blast was actually conducted, the warnings signs given, and a copy of the
				blast report required by Section
				460:10-31-10.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-9 - Seismographic measurements

Current through Vol. 41, No. 20, July 1, 2024
(a) Where
				a seismograph is used to monitor the velocity of ground motion and the peak
				particle velocity limit of 1 inch per second is not exceeded, the equation in
				Section
				460:10-31-8(j)
				need not be used. If that equation is not used by the operator, a seismograph
				record shall be obtained for each shot.
(b) The use of a modified equation to
				determine maximum weight of explosives per delay for blasting operations at a
				particular site, may be approved by the Department, on receipt of a petition
				accompanied by reports including seismograph records of test blasting on the
				site. In no case shall the Department approve the use of a modified equation
				where the peak particle velocity of 1 inch per second required in Section
				460:10-31-8(g)
				would be exceeded.
(c) The
				Department may require a seismograph record of any or all blasts and may
				specify the location at which such measurements are taken.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-10 - Records of blasting operations

Current through Vol. 41, No. 20, July 1, 2024
A record of each blast, including seismographic reports if
				  used, shall be retained for at least three years and shall be available for
				  inspection by the Department upon request. The record shall contain the
				  following data:
(1) Name of the
				operator conducting the blast;
(2)
				Location, date and time of blast;
(3) Name, signature and license number of
				blaster-in-charge;
(4) Direction
				and distance, in feet, to the nearest dwelling, school, church, or commercial
				or institutional building within 1/2 mile of the permitted area;
(5) Weather conditions, including temperature
				and wind direction;
(6) Number of
				holes, burden and spacing;
(7)
				Maximum weight of explosives detonated within any 8-millisecond
				period;
(8) Maximum number of holes
				detonated within any 8-millisecond period;
(9) Type and length of stemming;
(10) Type of delay detonator and delay
				periods used;
(11) Seismographic
				records, where required.
(A) Seismographic
				reading, including exact location of seismograph and its distance from the
				blast;
(B) Name of the person
				taking the seismograph reading; and
(C) Name of the person and firm analyzing the
				seismograph record.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 31 - Blasting and Use of Explosives › Section 460:10-31-11 - Certified surface blaster qualifications

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person performing blasting activities
				must have a valid, current blaster's certificate issued by the Oklahoma Mining
				Commission. Reciprocity shall be granted upon submittal of a recognized
				blasting certificate from another state.
(b) A certified surface blaster shall provide
				evidence of one (1) year's practical experience under the direct supervision of
				a current certified surface blaster.
(c) A blaster shall be able to understand and
				give written and oral orders.
(d)
				Blasters shall be competent in handling explosives and performing in a safe
				manner the type of blasting that will be required.
(e) The blaster shall be knowledgeable and
				competent in the use of each type of blasting method used.
(f) A blaster certification shall be valid
				for a period of two (2) years. Renewal of certification shall require a current
				OSBI background check be submitted prior to reissuance. A certification or
				recertification shall not be granted to any person with a felony
				conviction.
(g) A blaster shall be
				capable of carrying out the duties and not be addicted to narcotics,
				intoxicants, or similar type of drugs.
(h) The blaster certification shall be
				carried by the blaster or a copy shall be on file at the blasting area during
				the blasting operation.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 35 - State Inspections › Section 460:10-35-2 - State inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department shall conduct an average of at least one inspection every month of
				each non-coal surface mining and reclamation operation under its jurisdiction.
				Additional inspections may be ordered for just cause by the Director of the
				Department of Mines or his or her other designees.
(b) The inspections required under subsection
				(a) of this section shall:
(1) Be carried out
				on an irregular basis, so as to monitor compliance at all operations, including
				those which operate nights, weekends or holidays;
(2) Occur without prior notice to the
				operator being inspected or any agent or employee of such operator, except for
				necessary on-site meetings; and
(3)
				Include the prompt filing of inspection reports adequate to enforce the
				requirements of and to carry out the terms and purposes of 45 O.S. (1981),
				Section 721 et seq., this Chapter and the permit.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 35 - State Inspections › Section 460:10-35-3 - Citizens' requests for state inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) A citizen may request a state inspection
				by furnishing to an authorized representative of the Director a signed, written
				statement (or an oral report followed by a signed, written statement) giving
				the authorized representative reason to believe that a violation, condition or
				practice exists and setting forth a phone number and address where the citizen
				can be contacted.
(b) Within 30
				days of the state inspection or, if there is no state inspection, within 30
				days of receipt of the citizen's written statement, the Department may send the
				citizen the following:
(1) If an inspection
				was made, a description of the enforcement action taken; or
(2) If no state inspection was conducted, an
				explanation of the reason why.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 35 - State Inspections › Section 460:10-35-4 - Right of entry

Current through Vol. 41, No. 20, July 1, 2024
Each authorized representative of the Director conducting a
				  state inspection of a non-coal surface mining operation under Title 45 of the
				  Oklahoma Statutes:
(1) Shall have the
				right of entry to inspect and investigate any non-coal surface mining and
				reclamation operation, without advance notice or a search warrant, upon
				presentation of appropriate credentials, and
(2) May, at reasonable times and without
				delay, have access to and copy any records required to be maintained by 45 O.S.
				(1981), Section 721 et seq., and this Chapter, and may inspect any monitoring
				equipment required by 45 O.S. (1981), Section 721 et seq. , or this
				Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 35 - State Inspections › Section 460:10-35-5 - Review of adequacy and completeness of inspection

Current through Vol. 41, No. 20, July 1, 2024
Any person who is or may be adversely affected by a non-coal
				  surface mining and reclamation operation may notify the Director in writing of
				  any alleged failure on the part of the non-coal inspection division of the
				  Department to make an adequate and complete or periodic inspection as provided
				  in Section
				  460:10-35-2.
				  The notification shall include sufficient information to create the reasonable
				  belief of non-compliance with Section
				  460:10-35-2 and
				  to demonstrate that the person is or may be adversely affected. The Director
				  shall within 30 days of receipt of the notification determine compliance or
				  non-compliance with Section
				  460:10-35-2,
				  and if not, shall immediately order an inspection to remedy the non-compliance.
				  The Director shall also furnish the complainant with a written statement of the
				  reasons for such determination and the actions, if any , taken to remedy the
				  non-compliance.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 35 - State Inspections › Section 460:10-35-6 - Review of decision not to inspect or enforce

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person who is or may be adversely
				affected by non-coal surface mining and reclamation operations may ask the
				Director to review informally an authorized representative's decision not to
				inspect or take appropriate enforcement action with respect to any violation
				alleged by that person in a request for state inspection under Section
				460:10-35-3.
				The request for review shall be in writing and include a statement of how the
				person is or may be adversely affected and why the decision merits
				review.
(b) The Director shall
				conduct the review and inform the person, in writing, of the results of the
				review within 30 days of his or her receipt of the request. The person alleged
				to be in violation shall also be given a copy of the results of the
				review.
(c) Informal review under
				this Section shall not affect any right to formal review by the
				Director.