The Department of Mines shall notify the operator and the surety in writing of any claimed violation of the provisions of the Mining Lands Reclamation Act or the rules of the Department. If the alleged violation is discovered as a result of a citizen complaint and the person claiming the violation states in writing the desire that the source of the complaint be kept confidential, the Department shall maintain such information in confidence. If the operator denies the alleged violation, the Department shall hold a hearing on said charges. Said hearing shall be held not less than thirty (30) days from the notice of hearing.
At such hearing the operator shall have the right to present evidence in opposition to the claimed violation.
If upon such hearing the Department shall determine that a violation has occurred, the Department shall make detailed findings of fact and conclusions of law. The surety, if applicable, may perform for the operator.
If the operator or surety, if applicable, fails to perform the corrective work required by the Department or fails to properly perform said work, the Department may initiate permit revocation and/or bond forfeiture proceedings. After successful collection of the security required by Section 728 of this title, the Department shall contract for the work to be done consistent with all state requirements. The Department shall not issue any permits to an operator who has failed to perform such corrective work, or has defaulted with respect to the bond or other security required by Section 728 of this title, until such obligations are met by the operator or his surety or agent, as determined by the Department.
If the Department determines that an entity or individual has mined without a permit in violation of Section 724 of this title, the Department shall assess a fine of up to Ten Thousand Dollars ($10,000.00) against the entity, individuals, or agents of said entity. Any agent is jointly and severally liable with its principal for such violation and any resulting fines.
The Department may pursue civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court for the district in which the illegal mining operation is located, in which the entity, individuals, or agents of said entity, have their principal offices, or in Oklahoma County, to enforce any Department action against the entity, individual, or agents. Further, the Department shall be entitled to recover penalties or fines assessed for mining without a permit from the entity, individuals or agents conducting said mining in violation of this title. The Department shall also be entitled to reasonable attorneys fees incurred in enforcing this provision. All monies collected pursuant to this section shall be deposited in the Department of Mines Revolving Fund.
In order to fully inform affected surface owners who have filed a complaint of any alleged violations affecting the surface estate by an operator, the Department shall:
1. Provide by mail to the affected surface owners who have filed a complaint, a copy of any alleged violations affecting the surface estate issued to the operator within five (5) days after such violation is cited;
2. Notify the surface owners who have filed a complaint of any hearings in connection to alleged violations affecting the surface estate in the same manner and at the same time as the operator; and
3. Provide surface owners who have filed a complaint with complete information on the disposition of all violations affecting the surface estate cited at the same time the operator is notified.
Added by Laws 1971, c. 332, § 9, emerg. eff. June 12, 1971. Amended by Laws 1978, c. 67, § 1; Laws 1985, c. 339, § 1, emerg. eff. July 30, 1985; Laws 1989, c. 282, § 2, eff. Nov. 1, 1989; Laws 2005, c. 104, § 1, emerg. eff. April 26, 2005.
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.