Oklahoma Statutes
Title 45. Mines and Mining
§45-901. Definitions.

As used in this act:

1. "Active workings" means any place in a mine where miners are normally required to work or travel;
2. "American table of distances" means the 1971 edition of "The American Table of Distances for Storage of Explosives" published by the Institute of Makers of Explosives;
3. "ANFO" means ammonium nitrate fuel oil mixtures;
4. "Approved" means tested and accepted for a specific purpose by a nationally recognized safety agency;
5. "Barricaded" means obstructed to restrict the passage of persons, vehicles or flying materials;
6. "Berm" means a pile or mound of material capable of restraining a vehicle; also a shelf, ledge or material placed to contain loose slope material;
7. "Blasting agent" means a cap insensitive chemical composition or mixture consisting of fuel and oxidizer and no explosive ingredient but which can be made to detonate when initiated with a high strength explosive primer;
8. "Blasting area" means the area near blasting operations in which concussion or flying material can reasonably be expected to cause injury;
9. "Blasting cap" means a detonator containing a charge of detonating compound which is ignited by electric current or the spark of a fuse and is used for detonating explosives;
10. "Blasting circuit" means electric current used to fire electric detonators or to ignite an igniter cord by means of an electric starter;
11. "Box-type magazine" means a small, portable magazine used to store limited quantities of explosives or detonators for short periods of time in locations at the mine which are convenient to the blasting sites at which they will be used;
12. "Capped fuse" means a length of safety fuse to which a detonator has been attached;
13. "Capped primer" means a package or cartridge of explosives which is specifically designed to transmit detonation to other explosives and which contains a detonator;
14. "Certified person" means an individual who has satisfactorily passed the required State Mining Board examination, thereby earning a certificate of competency which will allow him to work in a particular position for which certification is necessary;
15. "Combustible" means capable of being ignited and consumed by fire;
16. "Commercial mine" means any mine from which the product is mined for sale, exchange or commercial use. Except as the context requires otherwise, this act applies only to commercial mines;
17. "Company official" means a member of the company supervisory or technical staff;
18. "Department" means the State of Oklahoma Department of Mines;
19. "Detonator" means a device containing a small detonating charge that is used for detonating an explosive including, but not limited to, blasting caps, exploders, electric detonators and delay electric blasting caps;
20. "Distribution box" means a portable apparatus with an enclosure through which an electric circuit is carried to one (1) or more cables from a single incoming feedline, each cable circuit being connected through individual overcurrent protective devices;
21. "Electric blasting cap" means a blasting cap designed for and capable of being initiated by means of an electric current;
22. "Electric grounding" means to connect with the ground to make the earth part of the circuit;
23. "Employee" means a person who works for wages or salary in the service of an employer;
24. "Employer" means a person or organization employing one (1) or more persons to work for wages or salary;
25. "Explosive" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. Explosives include, but are not limited to, black powder, dynamite, nitroglycerin, fulminate and ammonium nitrate;
26. "Face" or "wall" means that part of any mine where excavating is progressing or was last done;
27. "Flammable" means capable of being easily ignited and of burning rapidly as defined by the National Fire Protection Association;
28. "Highway" means any public road or travelway used by the general public;
29. "Igniter cord" means a fuse, cordlike in appearance, which burns progressively along its length with an external flame at the zone of burning and is used for lighting a series of safety fuses in the desired sequence;
30. "Inhabited building" means a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store, factory or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosives;
31. "Inspector" means a mine inspector in the employ of the State of Oklahoma;
32. "Magazine" means a storage place for explosives or detonators;
33. "Major electrical installation" means an assemblage of stationary electrical equipment for the generation, transmission, distribution or conversion of electric power;
34. "Misfire" means the complete or partial failure of a blasting charge to explode as planned;
35. "Overburden" means material of any nature, consolidated or unconsolidated, that overlies a deposit of useful materials or ores that are to be mined;
36. "Owner" means the owner, lessee, manager, superintendent, operator or agent, receiver or trustee operating any clay, coal or copper mine;
37. "Primer" or "booster" means a package or cartridge of explosives designed specifically to transmit detonation to other explosives but which does not contain a detonator;
38. "Reverse-current protection" means a method or device used on direct-current circuits of equipment to prevent the flow of current in the reverse direction;
39. "Roll protection" means a framework or safety canopy to protect the vehicle operator if equipment should overturn;
40. "Safety can" means an approved container of not over five (5) gallons capacity having a spring-closing lid and a spout cover;
41. "Safety fuse" means a train of powder enclosed in cotton, jute yarn and waterproofing compounds which burns at a uniform rate. It is used for firing a cap containing the detonating compound which in turn sets off the explosive charge;
42. "Safety switch" means a sectionalizing switch that also provides shunt protection in blasting circuits between the blasting switch and the shot area;
43. "Scaling" means removal of insecure material from a face or highwall;
44. "Secondary safety connection" means a second connection between a conveyance and rope, intended to prevent the conveyance from running away or falling in the event the primary connection fails;
45. "Semiconductive hose" means hose having an electrical resistance of not less than five thousand (5,000) ohms per foot and not more than two (2) megohms for its total length, used in pneumatic placement of blasting agents in boreholes;
46. "Sprung hole" means a blasting hole chambered or enlarged to take an increased charge of explosives;
47. "Stemming" means the inert material, and the placing of such material, on top of any charge of explosives;
48. "Stray current" means that portion of a total electric current that flows through paths other than the intended circuit;
49. "Strip or surface pit" means the excavation in which superincumbent strata are removed exposing the natural deposit so it may be excavated and loaded by hand or by mechanical equipment in open working. Strip or surface pits shall be subject to such mining laws of the State of Oklahoma as apply to them, and such operations shall comply with recommendations for safety of employees made by the Chief Mine Inspector;
50. "Substantial construction" means construction of such strength, material and workmanship that the object will withstand all reasonable shock, wear, usage and deterioration to which it will normally be subjected;
51. "Suitable" means that which fits and has the qualities or qualifications to normally meet a given purpose, occasion, condition, function or circumstance; 52. "Travelway" means a passage, walk or way regularly used and designated for persons to go from one place to another while at work;
53. Voltage:
a. "low voltage" means up to and including 660 volts,
b. "medium voltage" means from 661 to 1,000 volts, and
c. "high voltage" means more than 1,000 volts;
54. "Wet drilling" means the continuous application of water to the back or bottom of the drill holes while drilling; and
55. "Working place" means any place in or about a mine where work is being performed.
Laws 1978, c. 148, § 1, emerg. eff. April 7, 1978.

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.