Oklahoma Statutes
Title 45. Mines and Mining
§45-772. Release of performance bond or deposit - Schedule of release - Disapproval of application - Protection of affected area.

A. The Department may release in whole or in part the bond or deposit if the Department is satisfied the reclamation covered by the bond or deposit or portion thereof has been accomplished as required by this act according to the following schedule:

1. When the operator completes the backfilling, regrading and drainage control of a bonded area in accordance with his approved reclamation plan, the release of sixty percent (60%) of the bond or collateral for the applicable permit area;
2. After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan. When determining the amount of bond to be released after successful revegetation has been established, the Department shall retain that amount of bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation and for the period specified for operator responsibility of reestablishing revegetation. No part of the bond or deposit shall be released under this paragraph so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by law. No part of the bond shall be released until soil productivity for prime farmlands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey. When a silt dam is to be retained as a permanent impoundment, the remaining portion of bond may be released under this paragraph so long as provisions for sound future maintenance by the operator or the landowner have been made with the Department; and
3. When the operator has completed successfully all surface coal mining and reclamation activities, the release of the remaining portion of the bond, but not before the expiration of the period specified for operator responsibility. No bond shall be fully released until all reclamation requirements of this act are fully met.
B. If the Department disapproves the application for release of the bond or portion thereof, the Department shall notify the permittee in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure said release and allowing opportunity for a public hearing.
C. In order to protect areas affected by surface coal mining activities and the surface effects of underground coal mines, no oil or gas drilling activities shall be commenced or continued in any mine permit area while the reclamation bond or any portion thereof remains in effect, without the written approval of the Director.
The Department shall issue rules and regulations establishing criteria and conditions for the approval of the Director under this subsection.
Laws 1979, c. 249, § 39, 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.