reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 13 - Performance Standards › Section 460:25-13-20 - Seismographic measurements

Current through Vol. 41, No. 20, July 1, 2024
(a) If a
				blaster decides that the table of maximum pound per delay established in
				460:25-17-19, is too conservative, he may use seismographic measurements and
				increase the charge per delay period, provided the velocity as required by
				Section 460: 25-13-19(a) is not violated. He must use the seismographic on
				every shot thereafter so long as the table is not being complied
				with.
(b) If a blaster considers
				the table too conservative for his particular area, he may, upon submission of
				seismographic reports, petition for a modified table for blasting operation at
				the particular site, but in no case shall the Department allow a table that
				would allow velocities above the requirements of Section 460:
				25-13-19(a).
(c) In making a
				seismographic determination of the velocity at a particular position, the
				following formula shall be used: V = VO(Do/D)1.5; Where VO is the maximum
				ground particle velocity at the seismograph, Do is the distance of the
				seismograph from the blast, and D is the distance from the blast to the
				position in question and in the same general direction. The distance Do may not
				be greater than D, and D cannot be more than five (5) times Do. This determined
				velocity at the site of any dwelling house, public building, school, church,
				commercial or institutional building shall not exceed the requirements of
				Section 460: 25-13-19(a).
(d) If
				special conditions occur which indicate that abnormal or potentially damaging
				ground vibrations may result from blasting, the Department may require a
				seismograph recording of any or all blasts.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 13 - Performance Standards › Section 460:25-13-21 - Airblast

Current through Vol. 41, No. 20, July 1, 2024
(a) Maximum
				allowable airblast at any dwelling, public building, school, church, commercial
				or institutional building shall not exceed one hundred and twenty nine (129)
				decibels when measured by an instrument having a flat frequency response (+/-3
				decibels) over a range of at least 6 to 200 hertz. If the airblast is measured
				with an instrument having a flat frequency response of (+/- 3 decibels) over a
				range of at least 2 to 200 hertz, the corresponding limit is one hundred and
				thirtythree (133) decibels.
(b) If
				the department believes that the airblast from a blasting operation is
				exceeding or threatening to exceed the limits in section (a), it may require
				theat the blaster monitor the air airblast for a specified period.
(c) The blaster shall take precautions,
				including the adequate confinement of all explosive materials, to ensure that
				the airblast limits in section 460:25-13-21(a) are met.
(d) The Department may require lower limits
				than those specified in section 460:25-13-21(a) in the vicinity of buildings
				with increased susceptibility to damage from airblast, such as those with large
				plate glass windows, or in areas where excessive airblast could be deemed
				unacceptable, such as near hospitals or schools.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 13 - Performance Standards › Section 460:25-13-22 - 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 at a
				  minimum the following data:
(1) Name
				of company or contractor.
(2) Exact
				location of the blast, date, and time of detonation.
(3) Name, signature and license number of
				blaster in charge.
(4) Type of
				material blasted.
(5) Number of
				holes, burden and spacing.
(6)
				Diameter and depth of holes.
(7)
				Types of explosives used.
(8) Total
				amount of explosives used.
(9)
				Maximum amount of explosives per delay period of eight (8) milliseconds or
				greater.
(10) Method of firing and
				type of circuit.
(11) Direction,
				distance in feet, and identification of nearest dwelling , house, public
				building, school, church, commercial or institutional building neither owned
				nor leased by the person conducting the blast.
(12) Weather conditions including
				temperature, wind velocity, and direction.
(13) Type and height or length of
				stemming.
(14) A statement as to
				whether mats or other protections against flyrock were used.
(15) Type of delay electric blasting caps
				used and delay periods used.
(16)
				The person taking the seismograph reading shall accurately indicate exact
				location of seismograph if used and shall also show the distance of seismograph
				from blast and the distance from the nearest seismograph and the nearest
				structure.
(17) Seismograph
				records, where required:
(A) Name of person
				and firm analyzing the seismograph record
(B) Seismograph reading
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 13 - Performance Standards › Section 460:25-13-23 - Variances

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				of Mines may grant variances from any provisions of this Chapter, if it can be
				demonstrated that said variance improves safety conditions or that said
				variance will provide such safe conditions as those which would prevail if
				there was compliance with the standards.
(b) Such a variance may be modified or
				revoked by the Department.
Added at 13 Ok Reg 3499,
				  eff 8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 15 - State Inspection › Section 460:25-15-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth general procedures governing state
				  inspections.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 15 - State Inspection › Section 460:25-15-2 - State inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department may conduct an average of at least one inspection every year on all
				blasting permits under its jurisdiction. Additional inspections may be ordered
				for just cause by the Director of the Oklahoma Department of Mines or his
				designees.
(b) The inspections
				required under (a) of this section shall:
(1)
				Be carried out on an irregular basis, 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 63 O.S. (1995), this Chapter and the permit.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 15 - State Inspection › Section 460:25-15-3 - Citizens requests for inspection

Current through Vol. 41, No. 20, July 1, 2024
(a) A citizen may request a site inspection
				by furnishing to an authorized representative of the Director of the Oklahoma
				Department of Mines 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 if any; or
(2) If no state inspection was conducted, an
				explanation of the reason why.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 15 - State Inspection › Section 460:25-15-4 - Right of entry

Current through Vol. 41, No. 20, July 1, 2024
Each authorized representative of the Director of the
				  Department of Mines conducting a state inspection of any blasting operation
				  under Title 63 of the Oklahoma Statutes:
(1) Shall have the right of entry to inspect
				and investigate any blasting operation, without advance notice or a search
				warrant, upon presentation of appropriate credentials, and
(2) May, at reasonable time and without
				delay, have access to a copy of any records required to be maintained by 63
				O.S. (1995), Section and this Chapter, and may inspect any monitoring equipment
				required by 63 O.S. (1995), Section or this Chapter.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 15 - State Inspection › Section 460:25-15-5 - Availability of records [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth general rules regarding
				  Departmental enforcement of 63 O.S. (1995), Section 123.1 et seq., this Chapter
				  and all conditions of permits imposed under 63 O.S. (1995), Section 123.1 et
				  seq. and this chapter.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-2 - Cessation Orders [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 1111,
				  eff 1-11-96 through 7-14-96
				  (emergency)1
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-96 (after the 7-14-96 expiration of the emergency action), Section
				  460:25-17-2 was no longer effective. For the official text of the emergency
				  rule that was effective from 1-11-96 through 7-14-96, see 13 Ok Reg
				  1111.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-3 - Notices of violation

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Director of the Oklahoma Department of Mines or authorized representatives
				shall issue a notice of violation if, on the basis of an inspection, he or she
				finds a violation of 63 O.S. (1995), Section 123.1 et seq., this Chapter or any
				condition of a permit imposed under the 63 O.S. (1995), Section 123.1 et seq.
				or this Chapter, which does not create an imminent danger or harm for which a
				cessation order must be issued under Section
				460:25-17-4.
(b) A notice of violation issued under this
				Section shall be in writing, signed by the Director, or his authorized
				representative, and shall set forth with reasonable specificity:
(1) The nature of the violation;
(2) The remedial action required, which may
				include interim steps;
(3) A
				reasonable time for abatement, which may include time for accomplishment of
				interim steps; and
(4) A reasonable
				description of the portion of the non-coal surface mining and reclamation
				operation to which it applies.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-3.1 - Cessation orders

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Director of the Department of Mines or his authorized representative shall
				immediately order a cessation of blasting operations or of the relevant
				portion, thereof, if finding on the basis of any inspection, and condition or
				practice, of any violation of 63 O.S. (1995) Section 123.1 et seq., this
				Chapter, other state law, or any condition of a permit imposed under 63 O.S.
				(1995) Section 123.1 et seq or this Chapter which creates an imminent danger to
				the health and safety of the public. If the cessation ordered under this
				section will not completely abate the imminent danger or harm in the most
				expeditious manner physically possible, the Director or his authorized
				representative shall impose affirmative obligations on the operator to whom it
				was issued to abate the condition, practice or violation. The order shall
				specify the time by which abatement shall be accomplished.
(b) The Director of the Department of Mines
				or his authorized representative shall immediately order a cessation of the
				blasting operations, or of the relevant portion thereof, when a notice of
				violation has been issued and fails to abate the violations within the
				abatement period fixed or subsequently extended by the Director or authorized
				representative. A cessation order issued under this subsection shall require
				the operator to whom it is issued to take all steps the Director or his
				authorized representative deems necessary to abate the violations covered by
				the order in the most expeditious manner physically possible.
(c) A Cessation order issued under (a) or (b)
				of this Section shall be in writing, signed by the Director or his authorized
				representative, and shall set forth with reasonable specificity:
(1) the nature of the violation;
(2) the remedial action or affirmative
				obligation required, or recommended if any, including interim steps, if
				appropriate;
(3) the time
				established for abatement, if appropriate, including the time for meeting any
				interim steps; and
(4) a reasonable
				description of the position of the blasting operations to which it applies. The
				order shall remain in effect until the condition, practice or violation has
				been abated or until vacated, modified or terminated in writing by the Director
				of the Department of Mines.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-4 - Service of notices of violations and cessation orders

Current through Vol. 41, No. 20, July 1, 2024
A notice of violation or cessation order shall be served on
				  the person to whom it is directed or his designated agent promptly after
				  issuance, as follows:
(1) By tendering
				a copy at the blasting operation to the designated agent or to the individual
				who, based upon reasonable inquiry by the Director or his authorized
				representative, appears to be in charge of the blasting operation referred to
				in the notice or order. If no such individual can be located at the site, a
				copy may be tendered to any individual on the site who appears to be an
				employee or agent of the person to whom the notice or order is issued. Service
				shall be complete upon tender of the notice or order and shall not be deemed
				incomplete because of refusal to accept.
(2) As an alternative to (1) of this section,
				service may be made by sending a copy of the notice or order by certified mail
				or by hand to the operator to whom it is issued or his designated agent.
				Service shall be complete upon tender of the notice or order of the mail and
				shall not be deemed incomplete because of refusal to accept.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-5 - Review of citations

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon
				the issuance of a notice or order charging that a violation of the Oklahoma
				Explosives and Blasting Regulations Act has occurred, the Department shall
				inform the operator within thirty (30) days of the proposed amount of said
				penalty.
(b) The person charged
				with the penalty shall then have thirty (30) days form receipt of the proposed
				assessment notice to pay the proposed penalty in full or, if the person wishes
				to contest either the amount of the penalty or the fact of the violation,
				forward the proposed amount to the Department for placement in an escrow
				account.
(c) If through
				administrative or judicial review of the proposed penalty, it is determined
				that no violation occurred, or that the amount of the penalty should be
				reduced, the Department shall within thirty (30) day remit the appropriate
				amount to the person.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-6 - Violator enforcement

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				person who violates any permit condition or any other provision of the Oklahoma
				Explosives and Blasting Regulation Act or this Chapter may be assessed an
				administrative penalty by the Department. The penalty assessment will be as
				follows:
(1) Such penalty shall not exceed
				Five Thousand Dollars ($5,000.00) for each violation.
(2) Each day of continuing violation may be
				deemed a separate violation for purposes of penalty assessments.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-6.1 - When penalty will be assessed

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall assess a penalty for
				each cessation order.
(b) The
				Department shall assess a penalty for each notice of violation, if the
				violation is assigned 31 points or more under the point system described in
				Section 460-25-17-6.3.
(c) The
				Department may assess a penalty for each notice of violation assigned 30 points
				or less under the point system described in Section
				460:25-17-6.3.
				In determining whether to assess a penalty, the Department shall consider the
				factors listed in Section
				460:25-17-6.
Added at 18 Ok Reg 3221,
				  eff 7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-6.2 - Procedures for assessment of civil penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) Within 15 days of service of a notice or
				order, the person to whom it was issued may submit written information about
				the violation to the Department and to the inspector who issued the notice of
				violation or cessation order. The Department shall consider any information so
				submitted in determining the facts surrounding the violation and the amount of
				the penalty.
(b) The Department
				shall serve a copy of the proposed assessment and of the worksheet showing the
				computation of the proposed assessment on the person to whom the notice or
				order was issued, by certified mail, within 30 days of the issuance of the
				notice or order
(1) If the mail is tendered at
				the address of that person set forth in the permit application or any address
				at which that person is in fact located, and he or she refuses to accept
				delivery of or to collect such mail, the requirements of this paragraph shall
				be deemed to have been complied with upon such tender.
(2) Failure by the Department to serve any
				proposed assessment within 30 days shall not be grounds for dismissal of all or
				part of such assessment unless the person against whom the proposed penalty has
				been assessed:
(A) Proves actual prejudice as
				a result of the delay; and
(B)
				Makes a timely objection to the delay. An objection shall be timely only if
				made in the normal course of administrative review.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-6.3 - Point system for penalties

Current through Vol. 41, No. 20, July 1, 2024
The Department shall use the point system described in this
				  Section to determine the amount of the penalty and, in the case of notices of
				  violations, whether a mandatory penalty should be assessed as provided in
				  460:20-17-6.1(b). Points shall be assigned as follows:
(1)
History of previous
				violations.
The Department shall assign up to 30 points based on the
				history of previous violations. One point shall be assigned for each past
				violation contained in the notice of violation. Five points shall be assigned
				for each violation (but not a condition or practice) contained in a cessation
				order. The history of previous violations, for the purpose of assigning points,
				shall be determined and the points assigned with respect to a particular
				blasting operation. Points shall be assigned as follows:
(A) A violation shall not be counted, if the
				notice or order is the subject of pending administrative or judicial review or
				if the time to request said review or to appeal any administrative or judicial
				decision has not expired, and thereafter it shall be counted for only one
				year;
(B) No violation for which
				the notice or order has been vacated shall be counted; and
(C) Each violation shall be counted without
				regard to whether it led to a civil penalty assessment.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-6.4 - Determination of amount of penalty

Current through Vol. 41, No. 20, July 1, 2024
The Department shall determine the amount of any civil
				  penalty by converting the total number of points assigned under Section
				  460:25-17-6.3
				  to a dollar amount, according to the following schedule:
(1) 1 point = $20
(2) 2 points = $40
(3) 3 points = $60
(4) 4 points = $80
(5) 5 points = $100
(6) 6 points = $120
(7) 7 points = $140
(8) 8 points = $160
(9) 9 points = $180
(10) 10 points = $200
(11) 11 points = $220
(12) 12 points = $240
(13) 13 points = $260
(14) 14 points = $280
(15) 15 points = $300
(16) 16 points = $320
(17) 17 points = $340
(18) 18 points = $360
(19) 19 points = $380
(20) 20 points = $400
(21) 21 points = $420
(22) 22 points = $440
(23) 23 points = $460
(24) 24 points = $480
(25) 25 points = $500
(26) 26 points = $600
(27) 27 points = $700
(28) 28 points = $800
(29) 29 points = $900
(30) 30 points = $1,000
(31) 31 points = $1,100
(32) 32 points = $1,200
(33) 33 points = $1,300
(34) 34 points = $1,400
(35) 35 points = $1,500
(36) 36 points = $1,600
(37) 37 points = $1,700
(38) 38 points = $1,800
(39) 39 points = $1,900
(40) 40 points = $2,000
(41) 41 points = $2,100
(42) 42 points = $2,200
(43) 43 points = $2,300
(44) 44 points = $2,400
(45) 45 points = $2,500
(46) 46 points = $2,600
(47) 47 points = $2,700
(48) 48 points = $2,800
(49) 49 points = $2,900
(50) 50 points = $3,000
(51) 51 points = $3,100
(52) 52 points = $3,200
(53) 53 points = $3,300
(54) 54 points = $3,400
(55) 55 points = $3,500
(56) 56 points = $3,600
(57) 57 points = $3,700
(58) 58 points = $3,800
(59) 59 points = $3,900
(60) 60 points = $4,000
(61) 61 points = $4,100
(62) 62 points = $4,200
(63) 63 points = $4,300
(64) 64 points = $4,400
(65) 65 points = $4,500
(66) 66 points = $4,600
(67) 67 points = $4,700
(68) 68 points = $4,800
(69) 69 points = $4,900
(70) 70 points = & above $5,000
Added at 18 Ok Reg 3221,
				  eff 7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-6.5 - Assessment of separate violations for each day

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may assess separately a
				civil penalty or each day from the date of the issuance of the notice of
				violation or cessation order to the date set for abatement of the violation. In
				determining whether to make such an assessment, the Department shall consider
				the factors listed in Section
				460:25-17-6.1
				and may consider the extent to which the person to whom the notice or order was
				issued gained any economic benefit as a result of a failure to comply. For any
				violation which continues for 2 or more days and which is assigned more than 70
				points under Section
				460:25-17-6.3,
				the Department shall assess a penalty for a minimum of 2 separate
				days.
(b) In addition to the civil
				penalty provided for in (a) of this Section, whenever a violation contained in
				a notice of violation or cessation order has not been abated within the
				abatement period set in the notice or order or as subsequently extended, a
				civil penalty of not less $750.00 shall be assessed for each day during which
				such failure to abate continues, except that:
(1) The entry of a final order by the
				Department after an expedited hearing which ordered the suspension of the
				abatement requirements of the citation because it was determined that the
				person will suffer irreparable loss or damage from the application of the
				abatement requirements; or
(2) The
				entry of an order by the court in any review proceedings initiated by the
				person in which the court orders the suspension of the abatement
				requirements.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-6.6 - Procedures for assessment conference

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall arrange for a
				conference to review the proposed assessment or reassessment, upon written
				request of the person to whom notice or order was issued, if the request is
				received within 30 days from the date the proposed assessment or reassessment
				is mailed.
(b)
Assessment
				conference.
(1) The Department shall
				assign a Conference Officer to hold the assessment conference. The assessment
				conference shall be held within 60 days from the date of issuance of the
				proposed assessment or end of the abatement period, whichever is later,
				provided that a failure by the Department to hold said conference within 60
				days shall not be grounds for dismissal of all or part of an assessment unless
				the person against whom the proposed penalty has been assessed proves actual
				prejudice as a result of the delay.
(2) The Department shall post notice of the
				time and place of the conference at the State or field office closest to the
				blast site at least 5 days before the conference.
(3) The Conference Officer shall consider all
				relevant information on the violation and within 30 days after the conference
				is held, the conference officer shall either:
(A) Settle the issues, in which case a
				settlement agreement shall be prepared and signed by the Conference Officer on
				behalf of the Department and by the person assessed; or
(B) Affirm, raise. lower, or vacate the
				penalty.
(4) An increase
				or reduction of a proposed civil penalty assessment of more than 25 percent and
				more than $500.00 shall not be final and binding until approved by the
				Director.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-6.7 - Request for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				person charged with the violation may contest the proposed penalty or the fact
				of the violation by submitting a petition and an amount equal to the proposed
				penalty or, if a conference has been held, the assessed or affirmed penalty to
				the Department (to be held in escrow as provided in (b) of this Section) within
				30 days from receipt of the proposed assessment or reassessment or 15 days from
				the date of service of the Conference Officer's action, whichever islater. The
				fact of the violation may not be contested if it has been decided in a review
				proceeding commenced under
				460:25-17-9.
(b) All funds submitted under (a) of this
				Section to the Department, which shall hold them in escrow pending completion
				of the administrative and judicial process, at which time it shall disburse
				them as provided in Section
				460:20-61-12.
Added at 18 Ok Reg 3221,
				  eff 7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-6.8 - Final assessment and payment penalty

Current through Vol. 41, No. 20, July 1, 2024
(a) If the person to whom a notice of
				violation or cessation order is issued fails to request a hearing as provided
				in
				460:25-17-6.7,
				the proposed assessment shall become a final order of the Director and the
				penalty assessed shall become due and payable upon the expiration of the time
				allowed to request a hearing.
(b)
				If any party requests judicial review of a final order of the Director, the
				proposed penalty shall continue to be held in escrow until completion of the
				review. Otherwise, subject to (c) of this Section, the escrowed funds shall be
				transferred to the Department in payment of the penalty, and the escrow shall
				end.
(c) If the final decision in
				the administrative and judicial review results in an order reducing or
				eliminating the proposed penalty assessed under this Subchapter, the Department
				shall within 30 days of the receipt of the order refund to the person assessed
				all or part of the escrowed amount.
(d) If the review results in an order
				increasing the penalty, the person to whom the notice or order was issued shall
				pay the difference to the Department within 15 days after the order is mailed
				to such person.
Added at 18 Ok Reg 3221,
				  eff 7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-7 - Hearing request

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				administrative penalty shall be assessed by the Department only after the
				person charged with a violation described under section
				460:25-17-6
				of this Section has been given an opportunity for a hearing pursuant to Article
				II of the Administrative Procedures Act. Any hearing under this Section shall
				be of record.
(b) Where such a
				hearing has been held, the Department shall make findings of fact and shall
				issue a written decision as to the occurrence of the violation and the amount
				of the penalty which is warranted, incorporating, when appropriate, an order
				therein requiring that the penalty be paid.
(c) When appropriate, the Department shall
				consolidate such hearings with other proceedings under the Oklahoma Explosives
				and Blasting Regulation Act.
(d)
				Where the person charged with such a violation fails to avail himself of the
				opportunity for a hearing, an administrative penalty shall be assessed by the
				Department after determining that a violation did occur, and the amount of the
				penalty which is warranted, and issuing an order requiring that the penalty be
				paid.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-8 - Informal conferences

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				person having an interest which is or may be adversely affected by a decision
				on a permit application or a notice or order of the Department, may request in
				writing that the Department hold an informal conference on the application,
				notice or order. The request shall contain:
(1) Briefly summarize the issues to be raised
				by the requestor at the conference;
(2) State whether the requestor desires to
				have the conference conducted in the locality of the blasting operation; the
				Oklahoma Department of Mines Office in Oklahoma City shall be deemed reasonably
				close to the blasting operation unless a closer location is requested and
				agreed to by the Department.
(3) Be
				filed with the Department no later than thirty (30) days after notice of the
				affected action.
(4) The conference
				shall be conducted by a representative of the Department, who may accept oral
				or written statements and any other relevant information from any party to the
				conference. An electronic record shall be made of the conference, unless waived
				by all of the parties. The record shall be maintained and shall be accessible
				to the parties of the conference.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-9 - Formal administrative review

Current through Vol. 41, No. 20, July 1, 2024
(a) Within thirty (30) days after receipt of
				notification of a departmental decision concerning a permit application
				decision concerning approval, denial, suspension, revocation, a proposed order
				of the Hearing Officer or a notice or order of the Department, the applicant or
				permittee or any person with an affected interest may request a hearing on the
				reasons for the decision, in accordance with this Section, this Chapter and the
				Administrative Procedures Act.
(b)
				The filing of any application for review and request for a hearing shall not
				operate as a stay of notice of violation or cessation order issued by the
				Department nor shall the request by a stay of any modification, termination, or
				vacation of said notice or order.
(c) The Department shall start the
				administrative hearing within thirty (30) days of such request for
				administrative review. The hearing shall be on the record and adjudicatory in
				nature. No person who presided at an informal conference under
				460:25-17-8
				shall either preside at the hearing or participate in the decision following
				the hearing or administrative appeal.
(d) The hearing shall be conducted under the
				following conditions:
(1) The hearing
				authority may administer oaths and affirmation, subpoenas, witnesses and
				written or printed materials, compel attendance of witnesses or production of
				those materials, compel discovery and take evidence including, but not limited
				to, site inspections of the area to be affected.
(2) A verbatim record of each hearing
				required by this Section shall be made, and transcription made available on the
				motion of any party or by order of the hearing authority.
(3) Ex parte contacts between representatives
				of the parties appearing before the hearing authority and the hearing authority
				shall be prohibited.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-10 - Willful violators

Current through Vol. 41, No. 20, July 1, 2024
Any person who willfully and knowingly violates a condition
				  of a permit issued pursuant to this Chapter or fails or refuses to comply with
				  any order issued under this Chapter, or any order incorporated in a final
				  decision issued by the Department under this Chapter, shall, upon conviction,
				  be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by
				  imprisonment for not more than one (1) year, or both.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-11 - Corporate Permittee violators

Current through Vol. 41, No. 20, July 1, 2024
Whenever a corporate permittee violates a condition of a
				  permit issued pursuant to this Chapter or fails or refuses to comply with any
				  order issued under this Chapter, or any order incorporated with a final
				  decision issued by the Director of the Department of Mines under this Chapter,
				  any director, officer or agent of such corporation who willfully and knowingly
				  authorized, ordered or carried out such violation, failure or refusal shall be
				  subject to the same administrative penalties, fines and imprisonment that may
				  be imposed upon a person under sections
				  460:25-17-6
				  and
				  460:25-17-9
				  of this Chapter.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-12 - False information given

Current through Vol. 41, No. 20, July 1, 2024
Whoever knowingly makes any false statement, representation
				  or certification, or knowingly fails to make any statement, representation or
				  certification in any application, record, report, plan or other document filed
				  or required to be maintained pursuant to this Chapter or any order of decision
				  issued by the Department under this Chapter, shall, upon conviction, be
				  punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by
				  imprisonment for not more than one (1) year or, both.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-13 - Corrective action

Current through Vol. 41, No. 20, July 1, 2024
Any person who fails to correct a violation for which a
				  citation has been issued within the period permitted for its correction shall
				  be assessed an administrative penalty of not less than Seven Hundred Fifty
				  Dollars ($750.00) for each day during which such failure or violation
				  continues.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-14 - Correction period

Current through Vol. 41, No. 20, July 1, 2024
The period permitted for corrections of violations shall not
				  end until the following:
(1) The entry
				of a final order by the Department after an expedited hearing which ordered the
				suspension of the abatement requirements of the citation because it was
				determined that the person will/would suffer irreparable loss or damage from
				the application of the abatement requirements: or
(2) The entry of an order by a court in any
				review proceedings initiated by the person in which the court orders the
				suspension of the abatement requirements.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-15 - Unlawful resistance

Current through Vol. 41, No. 20, July 1, 2024
Any person who shall, except as permitted by law, willfully
				  resist, prevent, impede or interfere with the Department or any of the agents
				  or employees thereof in the performance of duties pursuant to this division
				  shall, upon conviction, be punished by a fine of not more than Five Thousand
				  Dollars ($5,000.00), or by imprisonment for not more than one (1) year, or
				  both.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Subchapter 17 - Violations and Cessation Orders › Section 460:25-17-16 - Penalty recovery

Current through Vol. 41, No. 20, July 1, 2024
Administrative penalties owed under the Oklahoma Explosives
				  and Blasting Regulation Act may be recovered in a civil action brought by the
				  Attorney General or any district attorney in the district in which the
				  violation occurred at the request of the Department in the appropriate district
				  court. Such action, also may be brought by the Department.
Added at 13 Ok Reg 1111,
				  eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff
				  8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 25 - Oklahoma Explosives and Blasting Rules and Regulations › Appendix A - Table to be Used for Determining Weight of Explosives to be Used on a Single Delay [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 1111,
				eff 1-11-96 (emergency) ; Added at 13 Ok Reg 3499, eff
				8-26-96
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 1 - General Requirements › Section 460:30-1-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the requirements for mining
				  operations which include regulation of Coal Combustion By-products (CCB) placed
				  in active or inactive coal or non-coal mines under 45 O.S. Sec. 940
				  .
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 1 - General Requirements › Section 460:30-1-2 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
The Department shall be responsible for the regulation of
				  placement of CCB in active or inactive mines. It is the responsibility of a
				  permit applicant to provide the Department with all of the information required
				  by this Chapter.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 1 - General Requirements › Section 460:30-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
All of the definitions contained within OAC 460:10 and OAC
				  460:20 shall be applicable to this Chapter. In addition, the following terms
				  used in this Chapter shall have the following meanings, unless otherwise
				  defined:
"Artesian waters"
means ground water under
				  sufficient pressure to force the water above surface level when a sufficient
				  conduit is present.
"Ash"
means the residue left over from the
				  combustion of bituminous, anthracite, or lignite coal as part of the process
				  used to generate electrical energy.
"Cement Kiln Dust" (CKD)
means the residue
				  recovered from the combustion of bituminous, anthracite, or lignite coal along
				  with various alternate fuels as part of the process used to produce
				  cement.
"Coal Combustion By-products" (CCB)
means ash
				  and cement kiln dust.
"Cover"
means earthen materials used to
				  temporarily or permanently cover CCB.
"Intermediate cover"
means the application of
				  earthen material, water, or other substance approved by the Department during
				  active CCB placement operations to stabilize exposed CCB to arrest the
				  formation of fugitive dust.
"pH"
means the indication of the hydrogen ion
				  concentration of a solution.
"Placement"
means the propitious deposition of
				  CCB in a location that at the time the application is submitted is not
				  anticipated to be later reutilized, recycled, or otherwise incorporated into
				  products or utilized to provide a service.
"T.C.L.P"
means Toxicity Characteristic Leaching
				  Procedure.
"Total Dissolved Solids" (TDS)
means the solids
				  in water that can pass through a filter and is a measure of the amount of
				  material dissolved in water.
"Total Suspended Solids" (TSS)
or nonfilterable
				  residue, expressed as milligrams per liter, means organic or inorganic
				  materials carried or held in suspension in water which are retained by a
				  standard glass fiber filter in the procedure outlined by the Environmental
				  Protection Agency's regulations for waste water and analyses ( 40 CFR 136
				  ).
"Wetland"
means those lands subject to periodic
				  or seasonal flooding by water as defined under Section 404 of the Clean Water
				  Act and so designated by the State or Federal agency charged with making such
				  determination.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 1 - General Requirements › Section 460:30-1-4 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This Chapter applies to all mining operations which include
				  CCB placement operations and which are exempt from the solid waste permitting
				  requirements pursuant to Title 27A of the Oklahoma Statutes, provided such CCB
				  is constructively reutilized or placed in any active or inactive coal or
				  Non-coal mining operation subject to the provisions contained in Title 45 of
				  the Oklahoma Statutes.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 3 - CCB Placement Applications › Section 460:30-3-1 - Insurance

Current through Vol. 41, No. 20, July 1, 2024
Each application shall contain a certificate of liability
				  insurance with a minimum insurance coverage for bodily injury and property
				  damage amount of $500,000 for each occurrence and $1,000,000
				  aggregate.
Added at 20 Ok Reg 2819,
				  eff 8-26-03