reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 31 - Underground Mining Permit Applications: Minimum Requirements for Reclamation › Section 460:20-31-21 - Support facilities

Current through Vol. 41, No. 20, July 1, 2024
Each applicant for an underground coal mining and reclamation
				  permit shall submit a description, plans, and drawings for each support
				  facility to be constructed, used, or maintained within the proposed permit
				  area. The plans and drawings shall include a map, appropriate cross sections,
				  design drawings, and specifications sufficient to demonstrate compliance with
				  Section
				  460:20-45-55
				  of this chapter for each facility.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 31 - Underground Mining Permit Applications: Minimum Requirements for Reclamation › Section 460:20-31-22 - Interpretive rules related to general performance standards

Current through Vol. 41, No. 20, July 1, 2024
The following interpretation of rules promulgated in
				  Subchapter 31 of this Chapter have been adopted be the Department.
(1) Interpretation of Section
				460:20-31-8:
				Reclamation plan: Postmining land uses.
(A)
				The requirements of Section
				460:20-31-8(a)(2)
				of this Chapter, for approval of an alternative postmining land use, ma be met
				by requesting approval through the permit revision procedures of Section
				460:20-17-3 of
				this Chapter rather than requesting such approval in the original permit
				application. The original permit application, however, must demonstrate that
				the land will be returned to its premining land use capability as required be
				Section
				460:20-45-51(a)
				of this Chapter. An application for a permit revision of this type,
(i) must be submitted in accordance with the
				filing deadlines of Section
				460:20-17-3 of
				this Chapter;
(ii) shall constitute
				a significant alteration from the mining operation contemplated by the original
				permit; and
(iii) shall be subject
				to the requirements of Subchapters 15 and 19 of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes cross sections, maps, and plans
				  in addition to the general permit requirements contained in Subchapters 13
				  through 31 of this Chapter. All of the provisions of Subchapters 13 through 33
				  of this Chapter apply to these operations, unless otherwise specifically
				  provided in this Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
The objective of this Subchapter is to ensure that permits
				  are issued for certain categories of surface coal mining and reclamation
				  operations only after the Department receives information that shows that these
				  operations will be conducted according to the applicable requirements of the
				  Act, this Chapter, and applicable regulatory programs.
Amended at 12 Ok Reg
				  3592, eff 10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-3 - Experimental practices mining

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Experimental practices provide a variance from environmental protection
				performance standards of the Act, Subchapters 39 through 55 of this Chapter,
				and the regulatory program for experimental or research purposes, or to allow
				an alternative postmining land use, and may be undertaken if they are approved
				by the Department and the Director of OSM and if they are incorporated in a
				permit or permit revision issued in accordance with the requirements of
				Subchapters 13 through 31 of this Chapter.
(b) An application for an experimental
				practice shall contain descriptions, maps, plans, and data which show:
(1) The nature of the experimental practice,
				including a description of the performance standards for which variances are
				requested, the duration of the experimental practice, and any special
				monitoring which will be conducted;
(2) How use of the experimental practice
				encourages advances in mining and reclamation technology or allows a postmining
				land use for industrial, commercial, residential, or public use (including
				recreation facilities) on an experimental basis;
(3) That the experimental practice:
(A) Is potentially more, or at least as,
				environmentally protective during and after mining operations as would
				otherwise be required by standards promulgated under Subchapter 39 through 55
				this Chapter; and
(B) Will not
				reduce the protection afforded public health and safety below that provided by
				the requirements of Subchapters 39 through 55 of this Chapter; and
(4) That the applicant will
				conduct monitoring of the effects of the experimental practice. The monitoring
				program shall ensure the collection, analysis, and reporting of reliable data
				that are sufficient to enable the Department and the Director of OSM to:
(A) Evaluate the effectiveness of the
				experimental practice; and
(B)
				Identify, at the earliest possible time, potential risk to the environment and
				public health and safety which may be caused by the experimental practice
				during and after mining.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-5 - Steep slope mining

Current through Vol. 41, No. 20, July 1, 2024
(a) This
				Section applies to any persons who conducts or intends to conduct steep slope
				surface coal mining and reclamation operations, except:
(1) Where an operator proposes to conduct
				surface coal mining and reclamation operations on flat or gently rolling
				terrain, leaving a plain or predominantly flat area, but on which an occasional
				steep slope is encountered as the mining operation proceeds;
(2) Where a person obtains a permit under the
				provisions of Section
				460:20-33-4
				of this Chapter; or
(3) To the
				extent that a person obtains a permit incorporating a variance under
				460:20-33-6
				of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-6 - Permits incorporating variances from approximate original contour restoration requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department may issue a permit for nonmountaintop removal, steep slope, mining
				which includes a variance from the requirements of Sections
				460:20-43-38,
				460:20-43-39,
				460:20-43-40,
				and
				460:20-43-42
				or
				460:20-45-38
				and
				460:20-45-42
				of this Chapter to restore the disturbed areas to their approximate original
				contour. The permit may contain such a variance only if the Department finds,
				in writing, that the applicant has demonstrated, on the basis of a complete
				application, that the following requirements are met:
(1) After reclamation, the lands to be
				affected by the variance within the permit area will be suitable for an
				industrial, commercial, residential, or public postmining land use (including
				recreational facilities).
(2) The
				requirements of Section
				460:20-43-51
				or
				460:20-45-51
				of this Chapter will be met.
(3)
				The watershed of lands within the proposed permit and adjacent areas will be
				improved by the operations when compared with the condition of the watershed
				before mining or with its condition if the approximate original contour were to
				be restored. The watershed will be deemed improved only if:
(A) The amount of total suspended solids or
				other pollutants discharged to ground or surface water from the permit area
				will be reduced, so as to improve the public or private uses or the ecology of
				such water, or flood hazards within the watershed containing the permit area
				will be reduced by reduction of the peak flow discharge from precipitation
				events or thaws;
(B) The total
				volume of flow from the proposed permit area, during every season of the year,
				will not vary in a way that adversely affects the ecology of any surface water
				or any existing or planned use of surface or ground water; and
(C) The appropriate State environmental
				agency approves the plan.
(4) The owner of the surface of the lands
				within the permit area has knowingly requested, in writing, as part of the
				application, that a variance be granted. The request shall be made separately
				from any surface owner consent given for the operations under Section
				460:20-23-4
				of this Chapter and shall show an understanding that the variance could not be
				granted without the surface owner's request.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-7 - Prime farmland

Current through Vol. 41, No. 20, July 1, 2024
(a) This
				Section applies to any person who conducts or intends to conduct surface coal
				mining and reclamation operations on prime farmland historically used for
				cropland. This Section does not apply to:
(1)
				Lands on which surface coal mining and reclamation operations are conducted
				pursuant to any permit issued prior to August 3, 1977; or
(2) Lands on which surface coal mining and
				reclamation operations are conducted pursuant to any renewal or revision of a
				permit issued prior to August 3, 1977; or
(3) Lands included in any existing surface
				coal mining operations for which a permit was issued for all or any part
				thereof prior to August 3, 1977, provided that:
(A) Such lands are part of a single
				continuous surface coal mining operation begun under a permit issued before
				August 3, 1977; and
(B) The
				permittee had a legal right to mine the lands prior to August 3, 1977, through
				ownership, contract, or lease but not including an option to buy, lease, or
				contract; and
(C) The lands contain
				part of a continuous recoverable coal seam that was being mined in a single
				continuous mining pit (or multiple pits if the lands are proven to be part of a
				single continuous surface coal mining operation) begun under a permit issued
				prior to August 3, 1977.
(4) For purposes of this Section:
(A) Renewal of a permit means a decision by
				the Department to extend the time by which the permittee may complete mining
				within the boundaries of the original permit, and revision of the permit means
				a decision by the Department to allow changes in the method of mining
				operations within the original permit area, or the decision of the Department
				to allow incidental boundary changes to the original permit;
(B) A pit shall be deemed to be a single
				continuous mining pit even if portions of the pit are crossed by a road,
				pipeline, railroad, or power line or similar crossing;
(C) A single continuous surface coal mining
				operation is presumed to consist only of a single continuous mining pit under a
				permit issued prior to August 3, 1977, but may include non-contiguous parcels
				if the operator can prove by clear and convincing evidence that, prior to
				August 3, 1977, the non-contiguous parcels were part of a single permitted
				operation. For the purposes of this Subsection, clear and convincing evidence
				includes, but is not limited to, contracts, leases, deeds or other properly
				executed legal documents (not including options) that specifically treat
				physically separate parcels as one surface coal mining operation.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-8 - Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining activities

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
This Section shall
				apply to any person or persons conducting or intending to conduct combined
				surface and underground mining activities where a variance is requested from
				the contemporaneous reclamation requirements of
				460:20-43-37
				of this Chapter.
(b)
Application contents for variances.
Any person desiring a variance
				under this Section shall file with the Department complete applications for
				both the surface mining activities and underground mining activities which are
				to be combined. The reclamation and operation plans for these permits shall
				contain appropriate narratives, maps, and plans, which:
(1) Show why the proposed underground mining
				activities are necessary or desirable to assure maximum practical recovery of
				the coal;
(2) Show how multiple
				future disturbances of surface lands or waters will be avoided;
(3) Identify the specific surface areas for
				which a variance is sought and the Sections of the Act, this Chapter, and the
				regulatory program from which a variance is being sought;
(4) Show how the activities will comply with
				460:20-43-28
				of this Chapter and other applicable requirements of the regulatory
				program;
(5) Show why the variance
				sought is necessary for the implementation of the proposed underground mining
				activities;
(6) Provide an
				assessment of the adverse environmental consequences and damages, if any, that
				will result if the reclamation of surface mining activities is delayed;
				and
(7) Show how offsite storage of
				spoil will be conducted to comply with the requirements of the Act, Sections
				460:20-43-24
				through
				460:20-43-27
				of this Chapter, and the regulatory program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-9 - Augering

Current through Vol. 41, No. 20, July 1, 2024
(a) This section
				applies to any person who conducts or intends to conduct surface coal mining
				and reclamation operations utilizing augering operations.
(b) Any application for a permit for
				operations covered by this Section shall contain, in the mining and reclamation
				plan, a description of the augering methods to be used and the measures to be
				used to comply with Subchapter 47 of this Chapter.
(c) No permit shall be issued for any
				operations covered by this Section unless the Department finds, in writing,
				that in addition to meeting all other applicable requirements of this Chapter,
				the operation will be conducted in compliance with Subchapter 47 of this
				Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-10 - Coal preparation plants not located within the permit area of a mine

Current through Vol. 41, No. 20, July 1, 2024
(a) This section
				applies to any person who operates or intends to operate a coal preparation
				plant outside the permit area of any mine, other than such plants which are
				located at the site of ultimate coal use. Any person who operates such a
				preparation plant shall obtain a permit from the Department in accordance with
				the requirements of this Section.
(b) Any application for a permit for
				operations covered by this Section shall contain an operation and reclamation
				plan which specifies plans, including descriptions, maps, and cross Sections,
				of the construction, operation, maintenance, and removal of the preparation
				plant and support facilities operated incident thereto or resulting therefrom.
				The plan shall demonstrate that those operations will be conducted in
				compliance with Subchapter 53 of this Chapter.
(c) No permit shall be issued for any
				operation covered by this Section, unless the Department finds in writing that,
				in addition to meeting all other applicable requirements of this Chapter, the
				operations will be conducted in compliance with the requirements of Subchapter
				53 of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-11 - In situ processing activities

Current through Vol. 41, No. 20, July 1, 2024
(a) This section applies to any person who
				conducts or intends to conduct surface coal mining and reclamation operations
				utilizing in situ processing activities.
(b) Any application for a permit for
				operations covered by this section shall be made according to all requirements
				of this Chapter applicable to underground mining activities. In addition, the
				mining and reclamation operations plan for operations involving in situ
				processing activities shall contain information establishing how those
				operations will be conducted in compliance with the requirements of Subchapter
				55 of this Chapter, including:
(1) Delineation
				of proposed holes and wells and production zone for approval of the
				Department:
(2) Specifications of
				drill holes and casings proposed to be used;
(3) A plan for treatment, confinement, or
				disposal of all acid- forming, toxic-forming, or radioactive gases, solids, or
				liquids constituting a fire, health, safety, or environmental hazard caused by
				the mining and recovery process; and
(4) Plans for monitoring surface and
				groundwater and air quality, as required by the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-12 - Lands eligible for remining

Current through Vol. 41, No. 20, July 1, 2024
(a) This section contains permitting
				requirements to implement Section
				460:20-15-6(b)(4).
				Any person who submits a permit application to conduct a surface coal mining
				operation on lands eligible for remining must comply with this
				Section.
(b) Any application for a
				permit under this Section shall be made according to all requirements of
				Subchapters 13 through 33 that are applicable to coal mining and reclamation
				operations. In addition, the application shall:
(1) To the extent not otherwise addressed in
				the permit application, identify potential environmental and safety problems
				related to prior mining activities at the site and that could be reasonably
				anticipated to occur. This identification shall be based on due diligence
				investigation which shall include visual observations at the site, a record
				review of past mining at the site, and environmental sampling tailored to
				current site conditions.
(2) With
				regard to potential environmental and safety problems referred to in paragraph
				(b)(1) of this Section, describe the mitigative measures that will be taken to
				ensure that the applicable reclamation requirements of the regulatory program
				can be met.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 35 - Permanent Regulatory Program: Small Operator Assistance Program › Section 460:20-35-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
As used in this Subchapter:
"Program administrator"
means the State or
				  Federal official within the Department who has the authority and responsibility
				  for overall management of the Small Operator Assistance Program; and
"Qualified laboratory"
means a designated public
				  agency, private firm, institution, or analytical laboratory which can prepare
				  the required determination of probable hydrologic consequences or statement of
				  results of test borings or core samplings or other services specified in
				  Section
				  460:20-35-6
				  under the small operator assistance program and which meets the standard of 30
				  CFR Section 795.10.
Amended at 12 Ok Reg
				  3592, eff 10-12-95; Amended at 16 Ok Reg 3526, eff
				  9-13-99
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 35 - Permanent Regulatory Program: Small Operator Assistance Program › Section 460:20-35-2 - Grant application procedures

Current through Vol. 41, No. 20, July 1, 2024
A State intending to administer a Small Operator Assistance
				  Program under a grant from the Office of Surface Mining may submit a grant
				  application to OSM for funding of the program under the procedures of 30 CFR
				  Part 735.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 35 - Permanent Regulatory Program: Small Operator Assistance Program › Section 460:20-35-3 - Eligibility for assistance

Current through Vol. 41, No. 20, July 1, 2024
(a)
				An applicant is eligible for assistance if he or she:
(1) Intends to apply for a permit pursuant to
				the Act;
(2) Establishes that his
				or her probable total actual and attributed production from all locations
				during any consecutive 12-month period either during the term of his or her
				permit or during the first 5 years after issuance of his or her permit,
				whichever period is shorter, will not exceed 300,000 tons. Production from the
				following operations shall be attributed to the applicant:
(A) The pro rata share, based upon percentage
				of ownership of the applicant, of coal produced by operations in which the
				applicant owns more than a 10 percent interest,
(B) The pro rata share, based upon percentage
				of ownership of the applicant, of coal produced in other operations by persons
				who own more than 10 percent of the applicant's operation;
(C) All coal produced by operations owned by
				persons who directly or indirectly control the applicant by reason of direction
				of the management;
(D) All coal
				produced by operations owned by members of the applicant's family and the
				applicant's relatives, unless it is established that there is no direct or
				indirect business relationship between or among them.
(3) Is not restricted in any manner from
				receiving a permit under this Chapter; and
(4) Does not organize or reorganize his or
				her company solely for the purpose of obtaining assistance under the Small
				Operator Assistance Program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 35 - Permanent Regulatory Program: Small Operator Assistance Program › Section 460:20-35-4 - Filing for assistance

Current through Vol. 41, No. 20, July 1, 2024
Each application for assistance shall include the following
				  information:
(1) A statement of the
				operator's intent to file a permit application.
(2) The names and addresses of:
(A) The permit applicant; and
(B) The operator if different from the
				applicant.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 35 - Permanent Regulatory Program: Small Operator Assistance Program › Section 460:20-35-5 - Application approval and notice

Current through Vol. 41, No. 20, July 1, 2024
(a) If the program administrator finds the
				applicant eligible, he or she shall inform the applicant in writing that the
				application is approved.
(b) If the
				program administrator finds the applicant ineligible, he or she shall inform
				the applicant in writing that the application is denied and shall state the
				reasons for denial.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 35 - Permanent Regulatory Program: Small Operator Assistance Program › Section 460:20-35-6 - Program services and data requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) To the extent possible with available
				funds, the program administrator shall select and pay a qualified laboratory to
				make the determination and statement and provide other services referenced in
				Subsection (b) of this Section for eligible operators who request
				assistance.
(b) The program
				administrator shall determine the data needed for each applicant or group of
				applicants. Data collected and the results provided to the program
				administrator shall be sufficient to satisfy the requirements for:
(1) The determination of the probable
				hydrologic consequences of the surface mining and reclamation operations in the
				proposed permit area and adjacent areas, including the engineering analysis and
				designs necessary for the determination, in accordance with Sections
				460:20-27-11(f)
				and
				460:20-31-7(e)
				and any other applicable provisions of this Chapter; and
(2) The geologic drilling and the statement
				of the results of test borings and core samplings for the proposed permit area
				in accordance with Sections
				460:20-27-12(b)
				and
				460:20-31-15(b)
				and any other applicable provisions of this Chapter; and
(3) The collection of archaeological and
				historical information required by Section
				460:20-25-5(b),
				460:20-29-5(2),
				460:20-27-17
				and 460;20-31-10 and any other archaeological and historical information
				required by the Department, and the preparation of plans necessitated thereby;
				and
(4) The collection of
				site-specific resource information and the production of protection and
				enhancement plans for fish and wildlife habitats and other environmental values
				and plans required by the Department under Section
				460:20-27-9,
				460:20-31-14
				and any other applicable regulations; and
(5) Pre-blast surveys if required under
				Section 460:20-19; and
(6) The
				development of cross-section maps and plans required under Section
				460:20-25-11
				and
				460:20-29-11,
				and any other applicable regulation.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 35 - Permanent Regulatory Program: Small Operator Assistance Program › Section 460:20-35-7 - Applicant liability

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				applicant shall reimburse the Department for the cost of the services rendered
				pursuant to this Subchapter if:
(1) The
				applicant submits false information, fails to submit a permit application
				within 1 year from the date of receipt of the approved laboratory report, or
				fails to mine after obtaining a permit;
(2) The program administrator finds that the
				applicant's actual and attributed annual production of coal for all locations
				exceeds 300,000 tons during the 12-month period immediately following the
				issuance of the permit for which assistance is provided; or
(3) The permit is sold, transferred, or
				assigned to another person and the transferee's total actual and attributed
				production exceeds the 300,000-ton annual production limit during the 12-month
				period immediately following the issuance of the permit. Under this Subsection
				the applicant and its successor are jointly and severally obligated to
				reimburse the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 35 - Permanent Regulatory Program: Small Operator Assistance Program › Section 460:20-35-8 - Assistance funding

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use of funds.
Funds specifically authorized for this program shall
				be used to provide the services specified in
				460:20-35-6
				of this Subchapter and shall not be used to cover administrative
				expenses.
(b)
Allocation of
				funds.
The program administrator shall establish a formula for
				allocating funds to provide services for eligible small operators if available
				funds are less than those required to provide the services pursuant to this
				Subchapter.
Amended at 16 Ok Reg
				  3526, eff 9-13-99
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-1 - Scope and purpose

Current through Vol. 41, No. 20, July 1, 2024
This subchapter sets forth the minimum requirements for
				  filing and maintaining bonds and insurance for surface coal mining and
				  reclamation operations under regulatory programs in accordance with the
				  Act.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-2 - Department responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Department shall prescribe and furnish forms for filing performance
				bonds.
(b) The Department shall
				prescribe by regulation terms and conditions for performance bonds and
				insurance.
(c) The Department shall
				determine the amount of the bond for each area to be bonded, in accordance with
				Section
				460:20-37-7.
				The Department shall also adjust the amount as acreage in the permit area is
				revised, or when other relevant conditions change according to the requirements
				of Section
				460:20-37-8.
(d) The Department may accept a self-bond if
				the permittee meets the requirements of Section
				460:20-37-13 and any
				additional requirements in the State or Federal program.
(e) The Department shall release liability
				under a bond or bonds in accordance with Section
				460:20-37-15.
(f) If the conditions specified in Section
				460:20-37-16
				occur, the Department shall take appropriate action to cause all or part of a
				bond to be forfeited in accordance with procedures of that Section.
(g) The Department shall require in the
				permit that adequate bond coverage be in effect at all times. Except as
				provided in Section
				460:20-37-9(e)
				(2), operating without a bond is a violation of a condition upon which the
				permit is issued.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
(a)
"Surety
				bond"
means an indemnity agreement in a sum certain payable to the
				Department, executed by the permittee as principal and which is supported by
				the performance guarantee of a corporation licensed to do business as a surety
				in the State where the operation is located.
(b)
"Collateral bond"
means an
				indemnity agreement in a sum certain executed by the permittee as principal
				which is supported by the deposit with the Department of one or more of the
				following:
(1) A cash account, which shall be
				the deposit of cash in one or more federally-insured or equivalently protected
				accounts, payable only to the Department upon demand, or the deposit of cash
				directly with the Department;
(2)
				Negotiable bonds of the United States, a State, or a municipality, endorsed to
				the order of, and placed in the possession of, the Department;
(3) Negotiable certificates of deposit, made
				payable or assigned to the Department and placed in its possession;
(4) An irrevocable letter of credit of any
				bank organized or authorized to transact business in the United States, payable
				only to the Department upon presentation;
(5) A perfected, first-lien security interest
				in real property in favor of the Department; or
(6) Other investment-grade rated securities
				having a rating of AAA, AA, or A or an equivalent rating issued by a nationally
				recognized securities rating service, endorsed to the order of, and placed in
				the possession of, the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-4 - Requirement to file a bond

Current through Vol. 41, No. 20, July 1, 2024
(a)
				After a permit application under Subchapters 13, 15, 17, 19, 23, 25, 27, 29,
				31, 33, and 35 has been approved, but before a permit is issued, the applicant
				shall file with the Department, on a form prescribed and furnished by the
				Department, a bond or bonds for performance made payable to the Department and
				conditioned upon the faithful performance of all the requirements of the Act,
				the regulatory program, the permit, and the reclamation plan.
(b)
(1) The
				bond or bonds shall cover the entire permit area, or an identified increment of
				land within the permit area upon which the operator will initiate and conduct
				surface coal mining and reclamation operations during the initial term of the
				permit.
(2) As surface coal mining
				and reclamation operations on succeeding increments are initiated and conducted
				within the permit area, the permittee shall file with the Department an
				additional bond or bonds to cover such increments in accordance with this
				Section.
(3) The operator shall
				identity the initial and successive areas or increments for bonding on the
				permit application map submitted for approval as provided in the application
				(under Subchapters 27 and 31 of this Chapter), and shall specify the bond
				amount to be provided for each area or increment.
(4) Independent increments shall be of
				sufficient size and configuration to provide for efficient reclamation
				operations should reclamation by the Department become necessary pursuant to
				Section
				460:20-37-16.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-5 - Form of the performance bond

Current through Vol. 41, No. 20, July 1, 2024
The Department shall prescribe the form of the performance
				  bond. The Department may allow for:
(1) A surety bond;
(2) A collateral bond;
(3) A self-bond; or
(4) A combination of any of these bonding
				methods.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-6 - Period of liability

Current through Vol. 41, No. 20, July 1, 2024
(a)
(1) Performance bond liability shall be for
				the duration of the surface coal mining and reclamation operation and for a
				period which is coincident with the operator's period of extended
				responsibility for successful revegetation provided in Section
				460:20-43-46
				or
				460:20-45-46
				of these Regulations or until achievement of the reclamation requirements of
				the Act, regulatory programs, and permit, whichever is later.
(2) With the approval of the Department, a
				bond may be posted and approved to guarantee specific phases of reclamation
				within the permit area provided the sum of phase bonds posted equals or exceeds
				the total amount required under Sections
				460:20-37-7
				and
				460:20-37-8.
				The scope of work to be guaranteed and the liability assumed under each phase
				bond shall be specified in detail.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-7 - Determination of bond amount

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The amount of the bond required for each bonded area shall:
(1) Be determined by the
				Department;
(2) Depend upon the
				requirements of the approved permit and reclamation plan;
(3) Reflect the probable difficulty of
				reclamation, giving consideration to such factors as topography, geology,
				hydrology, and revegetation potential; and
(4) Be based on, but not limited to, the
				estimated cost submitted by the permit applicant.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-8 - Adjustment of amount

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				amount of the bond or deposit required and the terms of the acceptance of the
				applicant's bond shall be adjusted by the Department from time to time as the
				area requiring bond coverage is increased or decreased or where the cost of
				future reclamation changes. The Department may specify periodic times or set a
				schedule for reevaluating and adjusting the bond amount to fulfill this
				requirement.
(b) The Department
				shall:
(1) Notify the permittee, the surety,
				and any person with a property interest in collateral who has requested
				notification under Section
				460:20-37-12(f)
				of any proposed adjustment to the bond amount; and
(2) Provide the permittee an opportunity for
				an informal conference on the adjustment.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-9 - General terms and conditions of bond

Current through Vol. 41, No. 20, July 1, 2024
(a) The performance bond shall be in an
				amount determined by the Department as provided in Section
				460:20-37-7.
(b) The performance bond shall be payable to
				the Department.
(c) The performance
				bond shall be conditioned upon faithful performance of all the requirements of
				the Act, these Regulations, the regulatory program, and the approved permit,
				including completion of the reclamation plan.
(d) The duration of the bond shall be for the
				time period provided in Section
				460:20-37-6.
(e)
(1) The
				bond shall provide a mechanism for a bank or surety company to give prompt
				notice to the Department and the permittee of any action filed alleging the
				insolvency or bankruptcy of the surety company, the bank, or the permittee, or
				alleging any violations which would result in suspension or revocation of the
				surety or bank charter or license to do business.
(2) Upon the incapacity of a bank or surety
				company by reason of bankruptcy, insolvency, or suspension or revocation of a
				charter or license, the permittee shall be deemed to be without bond coverage
				and shall promptly notify the Department. The Department, upon notification
				received through the procedures of (e)(1) of this Section or from the
				permittee, shall, in writing, notify the operator who is without bond coverage
				and specify a reasonable period, not to exceed 90 days, to replace bond
				coverage. If an adequate bond is not posted by the end of the period allowed,
				the operator shall cease coal extraction and shall comply with the provisions
				of Section
				460:20-43-50
				or
				460:20-45-50
				of these Regulations and shall immediately begin to conduct reclamation
				operations in accordance with the reclamation plan. Mining operations shall not
				resume until the Department has determined that an acceptable bond has been
				posted.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-10 - Bonding requirements for underground coal mines and long-term coal-related surface facilities and structures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Responsibilities.
The
				Department shall require bond coverage, in an amount determined under Section
				460:20-37-7,
				for long-term surface facilities and structures, and for areas disturbed by
				surface impacts incident to underground mines, for which a permit is required.
				Specific reclamation techniques required for underground mines and long-term
				facilities shall be considered in determining the amount of bond to complete
				the reclamation.
(b)
Long-term period of liability.
(1) The period of liability for every bond
				covering long-term surface disturbances shall commence with the issuance of a
				permit, except that to the extent that such disturbances will occur on a
				succeeding increment to be bonded, such liability will commence upon the
				posting of the bond for that increment before the initial surface disturbance
				of that increment. The liability period shall extend until all reclamation,
				restoration, and abatement work under the permit has been completed and the
				bond is released under the provisions of Section
				460:20-37-15,
				or until the bond has been replaced or extended in accordance with Section
				460:20-37-10(b)(3).
(2) Long-term
				surface disturbances shall include long-term coal- related surface facilities
				and structures, and surface impacts incident to underground coal mining, which
				disturb an area for a period that exceeds 5 years. Long-term surface
				disturbances include, but are not limited to: surface features of shafts and
				slope facilities, coal refuse areas, powerlines, bore-holes, ventilation
				shafts, preparation plants, machine shops, roads, and loading and treatment
				facilities.
(3) To achieve
				continuous bond coverage for long-term surface disturbances, the bond shall be
				conditioned upon extension, replacement, or payment in full, 30 days prior to
				the expiration of the bond term.
(4) Continuous bond coverage shall apply
				throughout the period of extended responsibility for successful revegetation
				and until the provisions of Section
				460:20-37-15
				have been met.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-11 - Surety bonds

Current through Vol. 41, No. 20, July 1, 2024
(a) A surety
				bond shall be executed by the operator and a corporate surety licensed to do
				business in the State where the operation is located.
(b) Surety bonds shall be noncancellable
				during their terms, except that surety bond coverage for lands not disturbed
				may be cancelled with the prior consent of the Department. The Department shall
				advise the surety, within 30 days after receipt of a notice to cancel bond,
				whether the bond may be cancelled on an undisturbed area.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-12 - Collateral bonds

Current through Vol. 41, No. 20, July 1, 2024
(a) Collateral
				bonds, except for letters of credit, cash accounts, and real property, shall be
				subject to the following conditions:
(1) The
				Department shall keep custody of collateral deposited by the applicant until
				authorized for release or replacement as provided in this Subchapter.
(2) The Department shall value collateral at
				its current market value, not at face value.
(3) The Department shall require that
				certificates of deposit be made payable to or assigned to the Department, both
				in writing and upon the records of the bank issuing the certificates. If
				assigned, the Department shall require the banks issuing these certificates to
				waive all rights of setoff or liens against those certificates.
(4) The Department shall not accept an
				individual certificate of deposit in an amount in excess of $100,000 or the
				maximum insurable amount as determined by the Federal Deposit Insurance
				Corporation or the Federal Savings and Loan Insurance Corporation.
(5) The Department shall only accept
				automatically renewable certificates of deposit
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-13 - Self-bonding

Current through Vol. 41, No. 20, July 1, 2024
(a) Definitions.
				For the purposes of this Section only:
(1)
"Current assets"
means cash or other assets or resources which are
				reasonably expected to be converted to cash or sold or consumed within 1 year
				or within the normal operating cycle of the business.
(2)
"Current liabilities"
means
				obligations which are reasonably expected to be paid or liquidated within 1
				year or within the normal operating cycle of the business.
(3)
"Fixed assets"
means plants
				and equipment, but does not include land or coal in place.
(4)
"Liabilities"
means
				obligations to transfer assets or provide services to other entities in the
				future as a result of past transactions.
(5)
"Net worth"
means total
				assets minus total liabilities and is equivalent to owners' equity.
(6)
"Parent corporation"
means a
				corporation which owns or controls the applicant.
(7)
"Tangible net worth"
means
				net worth minus intangibles such as goodwill and rights to patents or
				royalties.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 37 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs › Section 460:20-37-14 - Replacement of bonds

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department may allow a permittee to replace existing bonds with other bonds
				that provide equivalent coverage.
(b) The Department shall not release existing
				performance bonds until the permittee has submitted, and the Department has
				approved, acceptable replacement performance bonds. Replacement of a
				performance bond pursuant to this Section shall not constitute a release of
				bond under Section
				460:20-37-15.