A. 1. There is hereby created the Oklahoma Mining Commission. The Commission shall be composed of nine (9) members to be appointed by the Governor with the advice and consent of the Senate.
2. The Commission shall constitute a body corporate of the State of Oklahoma, and exercise by the Commission of the powers conferred by this act shall be deemed and shall be held to be an essential governmental function of the State of Oklahoma.
3. Beginning January 1, 1986, one member shall be appointed for a term of one (1) year (Position One); one member shall be appointed for a term of two (2) years (Position Two); one member shall be appointed for a term of three (3) years (Position Three); one member shall be appointed for a term of four (4) years (Position Four); one member shall be appointed for a term of five (5) years (Position Five); two members shall be appointed for a term of six (6) years (Positions Six and Seven); and two members shall be appointed for a term of seven (7) years (Positions Eight and Nine).
4. After the initial terms, appointments shall be made for seven (7) years. All appointments made for seven-year terms commencing prior to June 1, 1995, are hereby ratified. Each member shall be a qualified elector of this state.
5. The membership shall consist of at least one person with a background in engineering or geology; one person with a background in labor or workers' safety; one person with a background in agriculture or soil conservation; one person with a background in transportation; one person with a background in economic development or banking; one person with a background in public utilities; one person with a background in natural resources; and two persons selected at large. All persons appointed to the Commission must be able to meet, at the time they take the constitutional and statutory oath of office, the provisions in Section 767 of this title, 30 U.S.C. Section 1267(g) and 30 C.F.R. Section 705.
B. The Commission shall meet at least six times annually. A majority of the Commission shall constitute a quorum. Commission members may be removed only for cause.
Whenever a vacancy shall occur, the Governor shall appoint a person to fill the unexpired term of the vacant office. Each member of the Commission shall take and subscribe to the constitutional and statutory oath of office prior to the performance of any duties as a Commission member.
C. The Commission shall reorganize annually by electing a chair, vice-chair and secretary from the membership of the Commission who shall perform, for one (1) year from the date of their election, such duties as shall be prescribed by the Commission.
D. The chair of the Commission or the Director may call a meeting of the Commission at any time and at any place within the state. Only in case of a tie vote shall the Director have the right to vote. Prior to all meetings of the Commission, notice of such meetings shall be in accordance with the applicable state meeting laws.
E. The term "State Mining Board" appearing in the Oklahoma Statutes shall mean the "Oklahoma Mining Commission". The term "Chief Mine Inspector" appearing in the Oklahoma Statutes shall mean "Director of the Department of Mines" in the absence of an appointed Chief Mine Inspector.
Added by Laws 1929, c. 251, p. 322, art. 1, § 1. Amended by Laws 1949, p. 291, § 1, emerg. eff. June 9, 1949; Laws 1965, c. 262, § 1, emerg. eff. June 23, 1965; Laws 1978, c. 123, § 1; Laws 1981, c. 121, § 1, emerg. eff. April 28, 1981; Laws 1981, c. 272, § 8, eff. July 1, 1981; Laws 1982, c. 296, § 1, eff. Sept. 1, 1982; Laws 1983, c. 333, § 15, emerg. eff. June 29, 1983; Laws 1985, c. 239, § 1, eff. Jan. 1, 1986; Laws 1995, c. 326, § 1, emerg. eff. June 8, 1995; Laws 1996, c. 85, § 1, emerg. eff. April 15, 1996.
Structure Oklahoma Statutes
§45-1.2. Violation of Board order - Notice - Hearing - Misdemeanor - Injunction - Action.
§45-1.3. Hearings - Hearing officer - Judicial review.
§45-1.4. Inspection of mines - Mining records.
§45-1.5. Rules and regulations.
§45-1a. Powers and duties of Commission.
§45-1b. Chief Mine Inspector - Director.
§45-1c. Powers and duties of Director.
§45-1d. Additional powers and duties of Director.
§45-1f. Oklahoma Miner Training Institute - Duties.
§45-1g. Department of Environmental Quality - Regulation of certain mining activities.
§45-2. Certificates of competency - Violations - Examinations - Qualification.
§45-3. Chief Mine Inspector - Assistant Mine Inpectors.
§45-3.1. Director of Department of Mines.
§45-5. Certificates - Contents - Fees.
§45-31. Chief Mine Inspector - Annual report to Governor.
§45-32. Examinations of mines.
§45-33. Journal of inspections - Official communications - Equipment and material.
§45-34. Office - Property of state.
§45-37. Withdrawal of person's from dangerous mine - Violations - Penalties.
§45-40. Obstruction of inspectors - Penalty.
§45-41. Disputes between operators and miners.
§45-44. Special counsel in certain proceedings involving Attorney General.
§45-45. Study of mining laws - Recommendations and proposed legislation.
§45-46. Market study and sulfur emissions standards study - Recommendations.
§45-47. Funding of activities.
§45-48. Borrow pits - Jurisdiction.
§45-412. Mine inspectors - Duties.
§45-413. Mine inspector to require compliance with act.
§45-414. Examination and inspection of mines - Time and manner.
§45-415. Dangerous conditions - Additional shafts.
§45-416. Health of employees - Underground excavations - Ventilation.
§45-417. Dust - Water lines - Sprinkling attachments.
§45-418. Loss of life or injury - Duty of operator and inspector.
§45-419. Shaft hoisting engineers - Age and experience - Duties - Loading and unloading.
§45-421. Shaft collars - Cribbing and timbering - Pipes and air lines.
§45-424. Explosives - Storage, transportation, handling and use.
§45-434. Orders of Mining Inspector - Review.
§45-435. Neglect or failure to perform requirements - Penalty.
§45-436. Open mine shafts - Covering - Approval - Penalties.
§45-437. Interference with protective covering devices - Penalties.
§45-442. Use of engines not meeting standards prohibited.
§45-477. May stop mining, when.
§45-478. Penalty for obstruction.
§45-502. Maps to be corrected every six months.
§45-503. Mine inspectors to be furnished copies of maps.
§45-504. Penalty for failure to furnish map copies.
§45-505. Conduct of developments.
§45-506. Ventilation - Construction of air and hoisting shafts.
§45-507. Openings to be separated by natural strata.
§45-508. Shaft not more than seventy-five feet deep.
§45-509. Hoisting machinery in shaft over seventy-five feet deep.
§45-510. Angle of traveled slope.
§45-511. Inspection of hoisting equipment and stairs.
§45-512. Safety equipment for shafts.
§45-513. Quality and testing of chains.
§45-514. Number of persons lowered or hoisted at one time.
§45-515. Inspection - Guard railings.
§45-518. Ventilating fans and doors.
§45-519. Mines to be kept free from gas.
§45-522. Electric wires to be insulated.
§45-523. Machines to be shielded - Electric pumps.
§45-524. Use of oil and grease.
§45-525. Precautions in dangerous workings.
§45-527. Precautions against dust or explosive matter.
§45-528.1. Water on cutter bars and rock drills - Use required.
§45-528.2. Violations by mine owners, operators, etc.
§45-528.3. Violations by miners and persons operating drills or machines.
§45-529. Workers' compensation coverage - Penalties - Exceptions.
§45-580. Punishment for offense.
§45-603. Cheating by molesting check numbers on cars.
§45-604. Punishment for offense.
§45-614. Definition of special terms.
§45-615. Violations of statute as misdemeanors - Civil liability.
§45-616. Construction of sewage or drainage facilities into operating or abandoned mine - Penalty.
§45-722. Declaration of policy.
§45-724. Permits - Limited Use Permits - Applications - Bond - Permit or bond release applications.
§45-725. Procedure for reclaiming land.
§45-726. Refuse disposal areas.
§45-729. Violations - Notice - Hearing - Enforcement - Informing of surface owners.
§45-732. Powers and duties of Department.
§45-734. Chief Mine Inspector.
§45-735. Sand and gravel - Inspections - Penalties.
§45-737. Governmental agencies to conform.
§45-740.2. Legislative findings - Purpose.
§45-740.3. Powers and duties of Commission.
§45-740.4. Participation in Abandoned Mine Reclamation Fund.
§45-745.2. Term of permit - Fee - Transferability.
§45-745.3. Termination of permit - Extension.
§45-745.4. Renewal of permit - Application - Burden of proof - Term.
§45-745.8. Criteria for approval of permit or revision application.
§45-745.10. Revision of permit.
§45-745.13. Objections to application for permit - Informal conference - Hearings.
§45-745.14. Findings - Notice to applicant - Hearing on findings.
§45-745.16.1. Small operator assistance program.
§45-745.18. Impoundments of water on mining sites.
§45-745.19. Augering operations.
§45-745.20. Disposal of wastes.
§45-745.21. Surface mining near active and abandoned underground mines.
§45-745.22. Reclamation efforts - Variances.
§45-747. Backfilling, compacting, and grading.
§45-748. Conditions where backfilling, compacting, and grading are necessary.
§45-749. Restoring excess overburden, spoils and waste materials.
§45-750. Removal and restoration of topsoil.
§45-751. Disturbances to hydrologic balance.
§45-753. Explosives - Rules and regulations.
§45-754. Reestablishment of native flora - Length of liability.
§45-754.1. Spoil material - Placement.
§45-754.2. Performance standards.
§45-755. Steep slope surface mining - Performance standards - Exemptions.
§45-757. Prime farmland - Soil restoration - Exemptions.
§45-760. Mine operators - Duties.
§45-760.1. Suspension of underground mining in certain areas.
§45-760.2. Application of act to surface operations - Modifications.
§45-761. Licenses and permits - Display - Inspection.
§45-765. Data collection and analysis.
§45-766. Right of entry - Inspections - Signs - Violations - Public inspection of records, etc.
§45-767. Conflicts of interest - Violations.
§45-768. Reports of violations of act - Informal review - Inspection procedure.
§45-770. Release of performance bond or deposit - Application.
§45-771. Release of performance bond or deposit - Inspection and evaluation of reclamation work.
§45-774. Civil actions to compel compliance with act - Exceptions.
§45-775. Inspection of violations.
§45-777. Abatement of violation - Notice - Hearing - Cessation orders.
§45-778. Suspension or revocation of permit.
§45-779. Notices and orders - Requirements.
§45-783. Limitations on surface coal mining operations.
§45-784. Cooperative agreements with federal government.
§45-787. Appeal of order or other action.
§45-788. Enforcement or protection of interest in water resources - Replacement of water supply.
§45-789. Rules and regulations.
§45-790. Unconstitutionality of Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87).
§45-791. Federal rules and regulations - Compliance - Reimbursement for costs.
§45-791.1. Alternative reclamation practices.
§45-792. Assistance of state agencies.
§45-793. Federally inspected reclamation activities.
§45-852. Governor as ex officio member.
§45-853. Supplementary agreements - Legislative appropriation.
§45-902. Certificate of competency - Violations - Examinations - First-aid certificates.
§45-903. Certification of applicants - Fees.
§45-904. Records - Rights and duties of certificate holders.
§45-905. Revocation of certificates - Notice.
§45-907. Inspection and examination of active strip and surface mines - Reports - Recommendations.
§45-908. Employment of certified strip pit mine foreman.
§45-909. Foreman - Duties and responsibilities.
§45-910. Proper ground control - Rules and procedures.
§45-911. Explosives - Rules and procedures for storage.
§45-912. Drilling for blasting - Rules and procedures.
§45-913. Loading, hauling or dumping - Rules and procedures.
§45-914. Travelways - Rules and procedures.
§45-915. Electricity - Rules and procedures.
§45-916. Equipment - Rules and procedures.
§45-917. Personal protection - Rules and procedures.
§45-918. Augering - Rules and procedures.
§45-919. General rules and procedures.
§45-931. Operator's fee - Disposition - Production report and forms.
§45-932. Delinquent reports and fees - Penalty - Time extension.
§45-933. Failure to report - Ascertainment of coal mined - Determination of fees - Penalty.
§45-934. Lien for fees - Perfecting - Notice - Indexing - Release
§45-935. Collection of delinquent fees.
§45-938. Department of Mines Revolving Fund.
§45-938.1. Oklahoma Miner Training Institute Revolving Fund.
§45-939. Coal-fired electric generating plants - Burning Oklahoma coal.
§45-939.1. Cost increases to consumers and impairment of certain contracts prohibited.