A. The Department shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to which, if any, land areas or this state are unsuitable for all or certain types of surface coal mining operations pursuant to the standards set forth in this section but such designation shall not prevent the mineral exploration pursuant to this act of any area so designated.
B. Upon petition, the Department shall designate an area as unsuitable for all or certain types of surface coal mining operations if the Department determines that reclamation pursuant to the requirements of this act is not technologically and economically feasible.
C. Upon petition, a surface area may be designated unsuitable for certain types of surface coal mining operations if such operations will:
1. Be incompatible with existing state or local land use plans or programs;
2. Affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific and esthetic values and natural systems;
3. Affect renewable resource lands in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products, and such lands to include aquifers and aquifer recharge areas; or
4. Affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.
D. Determinations of the unsuitability of land for surface coal mining, as provided for in this section, shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state and local levels.
E. The requirements of this section shall not apply to lands on which surface coal mining operations were being conducted on August 3, 1977, or under a permit issued pursuant to this act or the Coal Reclamation Act of 1978, or where substantial legal and financial commitments in such operation were in existence prior to January 4, 1977.
Laws 1979, c. 249, § 48, emerg. eff. June 1, 1979.
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.