A. The operator shall insure that explosives are used only in accordance with existing state and federal law and the regulations promulgated by the Department, which shall require:
1. Adequate advance written notice to local governments and residents who might be affected by the use of such explosives by publication of the planned blasting schedule in a newspaper of general circulation in the locality, and by mailing a copy of the proposed blasting schedule to every resident living within one-half (1/2) mile of the proposed blasting site and by providing daily notice to resident/occupiers in such areas prior to any blasting;
2. Maintaining for a period of at least three (3) years and making available for public inspection upon request a log detailing the location of the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blasts;
3. Limiting the type of explosives and detonating equipment, the size, the timing and frequency of blasts based upon the physical conditions of the site so as to prevent injury to persons, damage to public and private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of ground or surface water outside the permit area;
4. All blasting operations be conducted by trained and competent persons as certified by the Department;
5. Upon the request of a resident or owner of a man-made dwelling or structure within one-half (1/2) mile of any portion of the permitted area the applicant or permittee shall conduct a pre-blasting survey of such structures and submit the survey to the Department and a copy to the resident or owner making the request. The area of the survey shall be decided by the Department; and
6. For the purposes of this section:
B. Rules and procedures for the use of explosives are as follows:
1. Persons who use explosives, blasting agents or detonators shall be certified by the Oklahoma Mining Commission. Such persons shall understand the hazards involved, and trainees shall do such work only under the supervision of and in the immediate presence of certified persons;
2. Blasting operations shall be under the direct control of certified persons designated by the operator for that purpose;
3. Damaged or deteriorated explosives, blasting agents and detonators shall be disposed of in a safe manner;
4. For blasting operations using electronic blasting detonators, loaded holes shall be charged as near to blasting time as practical and in compliance with the known physical limitations and properties of the specific blasting materials and equipment specified by the manufacturer. Unless authorized by the appropriate regulatory authority, loaded holes shall be detonated within sixty (60) days from the date of loading;
5. No person shall smoke within fifty (50) feet of explosives, blasting agents or detonators;
6. Only wooden or other nonsparking devices shall be used to punch holes in explosives cartridges;
7. Tamping poles shall be blunt and squared at one end and made of wood or other nonsparking material;
8. No tamping shall be done directly on primer cartridges;
9. During the loading of holes, only the work activities associated with the explosives operation will be permitted in the blasting site;
10. During charging and firing, only the work activities associated with the explosives operation will be permitted in the blasting area;
11. Unused explosives and detonators shall be moved to a safe location as soon as charging operations are completed;
12. Approaches to areas in which charged holes are awaiting firing shall be guarded or barricaded and posted or flagged against unauthorized entry;
13. When a blast is about to be fired, ample warning shall be given to allow all persons to retreat to a safe place. Each mine shall have a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area. The operator shall inform all employees at the local mine as to the established procedure;
14. Enclosed blasting shelters constructed of strong materials shall be provided to protect all persons endangered by flying rock from blasting;
15. When safety fuse has been used, persons shall not return to misfired holes for at least thirty (30) minutes;
16. When electric blasting caps have been used, persons shall not return to misfired holes for at least fifteen (15) minutes. Leading wires from the power source must be disconnected before persons can be allowed to return to the blasting sites;
17. Blasted materials shall be examined for undetonated explosives after each blast and undetonated explosives found shall be disposed of safely;
18. Misfires shall be reported to the proper supervisor and shall be disposed of safely before any other work is performed in the blasting area;
19. Blast holes in hot-hole areas and holes that have been sprung shall not be charged before tests have been made to insure that the heat has been dissipated to a safe level;
20. If explosives are suspected of burning in a hole, all persons in the endangered area shall move to a safe location until the danger has passed;
21. Holes shall not be drilled where there is danger of intersecting a charge or misfired hole;
22. Fuses and igniters shall be stored in a cool, dry place away from oils or grease;
23. Fuses shall not be kinked, bent sharply or handled roughly;
24. Fuses shall be cut and capped in safe, dry locations posted with "No Smoking" signs;
25. Blasting caps shall be crimped to fuses only with devices designed for that specific purpose;
26. Fuses of less than forty-eight (48) inches in length shall not be used for any purpose;
27. At least two persons shall be present when lighting fuses, and no person shall light more than fifteen individual fuses. If more than fifteen holes per person are to be fired, igniter cord and connectors or electric blasting shall be used;
28. A safe interval of time shall be allowed to light a round and evacuate the blasting area;
29. Fuses shall be ignited with hot-wire lighters, lead spitters, igniter cord or other such devices designed for this purpose;
30. Fuses shall not be ignited before the primer and the entire charge are securely in place;
31. Electric detonators of different brands shall not be used in the same round;
32. Electric detonators shall remain shunted until they are being wired into the blasting circuit. Lead lines and wired rounds shall be kept shunted until immediately before blasting;
33. Completely wired rounds shall be tested with a blasting galvanometer before connections are made to the blasting line;
34. Lead wires and blasting lines shall not be strung across power conductors, pipelines or within twenty (20) feet of bare power lines. They shall be protected from sources of static or other electrical contact;
35. Permanent blasting lines shall be properly supported, insulated and kept in good repair;
36. Charging shall be stopped immediately when the presence of static electricity or stray current is detected; the condition shall be corrected before charging is resumed;
37. Charging of holes shall be suspended and the persons withdrawn to a safe location upon the approach of an electrical storm;
38. Safety switches and blasting switches shall be labeled, encased in boxes and arranged so that the covers of the boxes cannot be closed with the switches in closed position;
39. Blasting switches shall be locked in the open position except when closed to fire the blast. Lead wires shall not be connected to the blasting switch until the shot is ready to be fired;
40. The key to a blasting switch shall be entrusted only to the person designated to fire blasts;
41. Electric circuits from the blasting switches to the blast area shall not be grounded;
42. At least a five-foot air gap shall be provided between the blasting circuit and the power circuit;
43. Where electric blasting is to be performed, electric circuits to equipment within twenty-five (25) feet of a hole that is to be charged with an electric blasting cap shall be de-energized before electric detonators are brought into the immediate area, or the electric equipment shall be moved out of the immediate area;
44. Power sources shall be suitable for the number of electric detonators to be fired and for the type of circuits used;
45. When instantaneous blasting is performed, the double-trunkline or loop system shall be used in detonating-cord blasting;
46. When instantaneous blasting is performed, trunklines in multiple-row blasting shall make one or more complete loops with crossties between loops at intervals of not over two hundred (200) feet;
47. All detonating-cord knots shall be tight and all connections shall be kept at right angles to the trunklines;
48. Delay connectors for firing detonating-cord shall be treated and handled with the same safety precautions as blasting caps and electric detonators; and
49. Detonating-cord shall not be kinked, bent or otherwise handled in such a manner that the train of detonation may be interrupted.
Added by Laws 1978, c. 10, § 13, emerg. eff. Feb. 2, 1978. Amended by Laws 2017, c. 269, § 1, eff. Nov. 1, 2017.
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.