Oklahoma Statutes
Title 45. Mines and Mining
§45-745.7. Grant, modification or denial of application for permit - Notice to applicant - Burden of proof - Notice to political subdivisions.

Upon the basis of a complete mining application and reclamation plan, including public notification and an opportunity for a public hearing, the Department shall grant, require modification of or deny the application for a permit in a reasonable time and notify the applicant in writing. The applicant for a permit, or revision of a permit, shall have the burden of establishing that his application is in compliance with all the requirements of the law. Within ten (10) days after the granting of a permit, the Department shall notify the local governmental officials in the political subdivision in which the area of land to be affected is located that a permit has been issued and shall describe the location of the land.

Laws 1979, c. 249, § 10, emerg. eff. June 1, 1979.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 45. Mines and Mining

§45-1. Oklahoma Mining Commission - Status - Appointment - Term - Membership - Meetings - Removal - Vacancies - Officers.

§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.

§45-1e. Oklahoma Miner Training Institute - Establishment - Faculty and services - Director - Advisor.

§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.

§45-6. Secretary - Record of issue of certificates - Effect of certificates - Notice and list of names.

§45-8. Temporary permits.

§45-9.1. Quarrying or mining with use of explosives near schools or churches prohibited - Exceptions.

§45-21.1. Mining districts.

§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.

§45-43. Legal assistance.

§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.

§45-46.1. Acid mine drainage.

§45-47. Funding of activities.

§45-48. Borrow pits - Jurisdiction.

§45-361. Terms defined.

§45-411. Definitions.

§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.

§45-423. Hoisting equipment.

§45-424. Explosives - Storage, transportation, handling and use.

§45-430. Map or plan of mine.

§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.

§45-441. Use of engines equipped for detoxification permitted - Approval of use - Inspections - Suspension or discontinuance of use.

§45-442. Use of engines not meeting standards prohibited.

§45-477. May stop mining, when.

§45-478. Penalty for obstruction.

§45-501. Maps of mines.

§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.

§45-516. Ventilation.

§45-517. Number working in same air current - Fans and furnaces - Stoppings between intake and return airways.

§45-518. Ventilating fans and doors.

§45-519. Mines to be kept free from gas.

§45-520. Inspection for gas.

§45-521. Danger signals.

§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.

§45-612. Rules to be posted.

§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.

§45-721. Short title.

§45-722. Declaration of policy.

§45-723. Definitions.

§45-724. Permits - Limited Use Permits - Applications - Bond - Permit or bond release applications.

§45-725. Procedure for reclaiming land.

§45-726. Refuse disposal areas.

§45-727. Inspection.

§45-728. Bond - Cash deposit.

§45-729. Violations - Notice - Hearing - Enforcement - Informing of surface owners.

§45-730. Lateral support.

§45-731. Maps - Release.

§45-732. Powers and duties of Department.

§45-733. Legal assistance.

§45-734. Chief Mine Inspector.

§45-735. Sand and gravel - Inspections - Penalties.

§45-736. Revoked permits.

§45-737. Governmental agencies to conform.

§45-738. Judicial review.

§45-740.1. Short title.

§45-740.2. Legislative findings - Purpose.

§45-740.3. Powers and duties of Commission.

§45-740.4. Participation in Abandoned Mine Reclamation Fund.

§45-740.5. Property adversely affected by past coal mining practices - Entry - Acquisition - Title - Disposition.

§45-740.6. Liens.

§45-740.7. Emergencies.

§45-742.1. Short title - Intent of Legislature - Application of act - Public policy - Purpose of act.

§45-742.2. Definitions.

§45-744. Application of act.

§45-745. Exemptions.

§45-745.1. Permits for separate mining operations - Application - Forms - Plan of reclamation - Fees - Exemptions.

§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.

§45-745.5. Reclamation plan.

§45-745.6. Performance bond.

§45-745.7. Grant, modification or denial of application for permit - Notice to applicant - Burden of proof - Notice to political subdivisions.

§45-745.8. Criteria for approval of permit or revision application.

§45-745.9. Schedule of notices of violations of air or water environmental protection laws to be submitted - Effect of prior violations on application.

§45-745.10. Revision of permit.

§45-745.11. Exploration regulations - Contents - Confidential or privileged information - Tonnage limitations - Violations.

§45-745.12. Advertisement of ownership, location and boundaries of affected land - Notice to political subdivisions, etc. - Comments on proposed operation.

§45-745.13. Objections to application for permit - Informal conference - Hearings.

§45-745.14. Findings - Notice to applicant - Hearing on findings.

§45-745.15. Temporary relief pending final determination of proceedings - Conduct of hearings - Appeals.

§45-745.16.1. Small operator assistance program.

§45-745.17. Copy of application to be filed with county recorder or appropriate public office - Liability insurance - Blasting plans.

§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.

§45-746. Restoration of land.

§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.

§45-752. Waste piles.

§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.

§45-756. Performance standards for removal of entire coal seam - Postmining land use as condition for granting permit.

§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.

§45-769. Civil penalties.

§45-770. Release of performance bond or deposit - Application.

§45-771. Release of performance bond or deposit - Inspection and evaluation of reclamation work.

§45-772. Release of performance bond or deposit - Schedule of release - Disapproval of application - Protection of affected area.

§45-773. Release of performance bond or deposit - Notice to municipalities - Objections - Hearings - Informal conference - Authority of department.

§45-774. Civil actions to compel compliance with act - Exceptions.

§45-775. Inspection of violations.

§45-776. Conditions or practices in violation of act - Cessation order - Additional obligations on operator.

§45-777. Abatement of violation - Notice - Hearing - Cessation orders.

§45-778. Suspension or revocation of permit.

§45-779. Notices and orders - Requirements.

§45-780. Action for damages and expenses - Injunctions, restraining orders or other orders - Jurisdiction - Relief.

§45-781. Land unsuitable for certain types of surface coal mining operations - Designation - Criteria.

§45-782. Petition to designate area as unsuitable for surface coal mining operations - Hearing - Decision - Impact statement.

§45-783. Limitations on surface coal mining operations.

§45-784. Cooperative agreements with federal government.

§45-785. Compliance with act.

§45-786. Review of notices or order or modification, vacation or termination of notices or orders - Application - Investigation - Hearing - Temporary relief - Suspension or revocation of permit - Costs.

§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.

§45-851. Text of Compact.

§45-852. Governor as ex officio member.

§45-853. Supplementary agreements - Legislative appropriation.

§45-901. Definitions.

§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.

§45-906. Temporary permits.

§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.

§45-936. Payment of fee as condition precedent to coal mining - Default in payment as ground for injunctive relief.

§45-937. Violations; penalty.

§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.

§45-940. Fly ash or other material from coal combustion, power-generating facilities and kiln dust generated by cement-producing entities - Solid waste permit exemption.

§45-950. Moratorium on issuing permits or amending permits for locations overlying sensitive sole source groundwater basins or subbasins.