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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 512 By: McCortney
AS INTRODUCED
An Act relating to the Department of Environmental
Quality; creating Division of Mines; consolidating
the Department of Mines into the Department of
Environmental Quality; defining term; requiring
transfer of certain papers, records, and property by
certain date; transferring certain functions, powers,
duties, and obligations; transferring certain rules,
regulations, acts, orders, determinations, and
decisions; detailing the transfer of certain
employees; requiring certain coordination; amending
27A O.S. 2021, Sections 1-1-201, 1-3-101, as last
amended by Section 4, Chapter 185, O.S.L. 20 22, 2-1-
102, 2-3-110, 2-6-111, and 4-1-102 (27A O.S. Supp.
2022, Section 1-3-101), which relate to definitions,
state environmental agencies, sale of headquarters
building, and permitting moratorium; deleting
references to consolidated agency; modifying certain
agency responsibilities; amending 29 O.S. 2021,
Section 7-401a, which relates to violations caus ing
death of fish or wildlife; modifying definition;
amending 45 O.S. 2021, Sections 1.2, 1.3, 1.4, 1.5,
1a, 1c, 1d, 1e, 1f, 2, 3, 5, 6, 34, 44, 45, 46.1, 48,
723, 724, 725, 727, 728, 7 29, 731, 732, 733, 734,
735, 738, 742.1, 742.2, 7 45.1, 753, 767, 768, 769,
775, 780, 786, 787, 852, 901, 902, 903, 904, 905,
906, 907, 911, 918, 931, 938.1, and 950, which relate
to the violations of board order, hearings,
inspections, rules and regulations, powers and
duties, Chief Mine Inspector, Okla homa Miner Training
Institute, certificates of competency, issuance of
certificates, temporary permits, annual reports,
examinations of mines, disputes, special counsel,
study of mining laws, market studies, acid mine
drainage, borrow pit drainage, permits, procedure for
reclaiming land, inspections, bonds, violations,
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maps, legal assistance, sand and gravel, judicial
review, Coal Reclamation Act of 1979, term of
permits, termination of permits, renewal of permits,
reclamation plan, performance bond, criteria for
approval of permit, schedule of notices violations,
revision of permits, exploration regulations, notice,
objections to application for permit , findings,
temporary relief, appeals, small operator assistance
program, applications, augering, surface mining,
reclamation efforts, disturbances to hydrologic
balance, waste piles, explosives, reestablishment of
native flora, spoil material, performance standards,
steep slope mining, soil restoration, mine operators,
suspension of underground mining, application to
surface operations, data collection, right of entry,
conflicts of interest, reports of violations, civil
penalties, release of per formance bond, civil
actions, conditions or practices in violation,
abatement of violation, suspension or revocation,
notices and orders, actions for damages, land
unsuitable for surface mining, petitions, limitations
on surface mining, cooperative agreements, review of
notices or orders, appeals of orders, rules and
regulations, unconstitutionality of certain act,
federal rules and regulations, alte rnative
reclamation practices, assistance of sta te agencies,
federal inspection, Governor as ex officio member,
certificates of competency, certification of
applicants, records, revocation of certificates,
inspection and examination of strip and surface
mines, explosives, operator’s fees, creation of
revolving fund, and moratoriums on certain permits;
deleting references to consolidated agency; modifying
agency responsibilities; defining terms; amending 47
O.S. 2021, Section 156, which relates to purchase of
passenger automobiles or buses with public funds;
deleting reference to consolidated agency; amending
51 O.S. 2021, Section 24A.27, which relates to
confidentiality of vulnerability assessments of
critical assets; deleting reference to consolidated
agency; amending 59 O.S. 2021, Section 3022, which
relates to definitions; modifying agency reference;
amending 63 O.S. 2021, Sections 122.2, 123.1, 123.2,
123.2A, 123.3, 123.4, 123.5, 123.7, and 123.8, which
relate to definitions, agency responsibility for
blasting operations or activities, permits, rules,
fees, violations, deposit of monies, and exemptions;
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modifying agency references; amending 68 O.S. 2021,
Section 2357.11, which relates to tax cre dit;
modifying agency reference s; amending 74 O.S. 2021,
Section 500.18, as amended by Section 1, Chapter 325,
O.S.L. 2022 (74 O.S. Supp. 2022, S ection 500.18),
which relates to exemptions; deleting consolidated
agency exemption; amending 82 O.S. 2021, Sections
1020.2 and 1020.9C, which relate to declaration of
policy and moratorium on actions related to the
operation of certain mines; modifying agency
references; deleting references to cons olidated
agency; repealing 45 O.S. 2021, Sections 1, 1b, 3.1,
31, 32, 41, 46, 47, and 938, which relate to the
Oklahoma Mining Commission, appointments, annual
reports and examinations by C hief Mine Inspector,
dispute settlement, market studies, Oklahoma Mining
Commission funding, and Department of Mines Revolving
Fund; updating statutory language; updating statutory
references; providing for codification; providing for
recodification; providing an effective date; an d
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3001 of Title 27A, unless there
is created a duplication in numb ering, reads as follows:
A. There is hereby created within the Department of
Environmental Quality a Division of Mines, which shall fulfill the
role of the Department of Mines created by Section 25 of Arti cle VI
of the Oklahoma Constitution.
B. The Department of Mines is hereby co nsolidated into the
Department of Environmental Quality as the Division of Mines
described in subsection A of this section. The Ex ecutive Director
of the Department of Environmenta l Quality shall assume all
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executive-level responsibilities formerly belong ing to the
Department of Mines. The Executive Direc tor of the Department of
Environmental Quality shall function as and possess the powers of
the agency director for the conso lidated agency as enumerated by
existing statute. For the purposes of this sect ion, the term
“consolidated agency” means the Department of Mines. Any funds in
possession of, or appropriated or allocated to the consolidated
agency shall be deemed to be funds o f the Department of
Environmental Quality.
C. The Executive Director of th e Department of Environmental
Quality shall cause the personnel of the consolidated agency to
deliver to the Department all books, p apers, records, and propert y
of the consolidated agency within ninety (90) days after the
effective date of this act.
D. All functions, powers, duties, and obligations previously
assigned to the consolidated agency are hereby transferred to the
Department of Environmental Quality.
E. All rules, regulations, acts, orders, determinations, and
decisions of the consolidated agency pertaining to the functions and
powers transferred and assigned to the Department of Environmental
Quality pursuant to this act , in force at the time of such transfer,
assignment, assumption, or devolution sha ll continue in force and
effect as rules, regulation s, acts, orders, determinations, and
decisions of the consol idated agency until duly modified or
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abrogated by the appropriate bo dy or until otherwise provided by
law.
F. All personnel of the consolidated agency whose duties are
transferred under this act shall be transferred to the Department of
Environmental Quality at the discretion of the Executive Director.
Personnel transferred pursuant to the provi sions of this section
shall not be required to accept a lesser salary than presently
received. Transferred personnel shall be placed within the
classification level in which they meet qualificatio ns for without
an entrance examination. All transferred persons shall retain
seniority, leave, sick, and annual time earned, and any retirement
benefits which have accrued during their tenure with the
consolidated agency. The transfer of personnel amon g the agencies
shall be coordinated with the Office of Management and En terprise
Services.
SECTION 2. AMENDATORY 27A O.S. 2021, Section 1 -1-201, is
amended to read as follows:
Section 1-1-201. As used in the Oklahoma Environmental Quality
Act:
1. “Clean Water Act” means the federal Water Pollution Control
Act, 33 U.S.C., Section 1251 et seq., as amended;
2. “Discharge” includes but is not limited to a discharge of a
pollutant, and means any addition of any pollutant to waters of the
state from any point source;
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3. “Environment” includes the air, land, wildli fe, and waters
of the state;
4. “Federal Safe Drinking Water Act ” means the federal law at
42 U.S.C., Section 300 et seq., as amended;
5. “Groundwater protection agencies ” include the:
a. Oklahoma Water Resources Board,
b. Oklahoma Corporation Commission ,
c. State Oklahoma Department of Agriculture , Food, and
Forestry,
d. Department of Environmental Quality, and
e. Conservation Commission , and
f. Department of Mines;
6. “Nonpoint source” means the contaminat ion of the environment
with a pollutant for whi ch the specific point of origin may not be
well defined and includes but is not lim ited to agricultural storm
water runoff and return flows fr om irrigated agriculture;
7. “N.P.D.E.S.” or “National Pollutant D ischarge Elimination
System” means the system for the issuance of permits under the
Federal Water Pollution Control Act, 33 U.S.C. , Section 1251 et
seq., as amended;
8. “Point source” means any discernible, confined and discrete
conveyance or outlet inclu ding but not limited to any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure container, rolling
stock or vessel or ot her floating craft from which pollutants are or
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may be discharged into waters of the state. The term “point source”
shall not include agricultural storm water runoff and re turn flows
from irrigated agriculture;
9. “Pollutant” includes but is not limited to dredged spoil,
solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological mat erials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal, and agribu siness waste;
10. “Pollution” means the presence in the en vironment of any
substance, contaminant or pollutant, or any other alteration of the
physical, chemical or biologi cal properties of the environment or
the release of any liquid, gaseous or solid su bstance into the
environment in quantities which are or wil l likely create a nuisance
or which render or will likely render th e environment harmful or
detrimental or injurio us to public health, safety or welfare, or to
domestic, commercial, industrial, agr icultural, recreational, or
other legitimate beneficial use s, or to livestock, wild animals,
birds, fish or other aquatic life , or to property;
11. “Source” means any and all points of origin of any wastes,
pollutants or contaminants whether publicly or p rivately owned or
operated;
12. “State agencies with limit ed environmental
responsibilities” means:
a. the Department of Publ ic Safety,
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b. the Department of Labor, and
c. the Department of Civil Emergency Management;
13. “State environmental agency ” includes the:
a. Oklahoma Water Resources Board,
b. Oklahoma Corporation Commission,
c. State Department of Agriculture,
d. Oklahoma Conservation Commission,
e. Department of Wildlife Conservation, and
f. Department of Mines, and
g. Department of Environmental Qua lity;
14. “Storm water” means rain water runoff, snow melt runoff,
and surface runoff and drainage;
15. “Total maximum daily load” means the sum of individual
wasteload allocations (W.L.A.) for point sources, safety, reserves,
and loads from nonpoint sou rces and natural backgrounds;
16. “Waste” means any liquid, gaseous or solid or semi -solid
substance, or thermal component, w hether domestic, municipal,
commercial, agricultural or industrial in origin, which may pollute
or contaminate or tend to pollute or contaminate, any air, land or
waters of the state;
17. “Wastewater” includes any substance, including sewage, that
contains any discharge from the bodies of human beings or animals,
or pollutants or contaminating chemicals or other contaminating
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wastes from domestic, municipal, commercial, industrial,
agricultural, manufacturing or other forms of industry;
18. “Wastewater treatment” means any method, technique or
process used to remove pollutants from wastewater or sludge to the
extent that the wastewa ter or sludge may be reused, discharged into
waters of the state or otherwise disposed and includes, but is not
limited to, the utilization of mechanized works, surface
impoundments and lagoons, aeration, evaporation, best management
practices (BMPs), buff er strips, crop removal or trapping,
constructed wetlands, digesters or other devices or methods.
“Treatment” also means any method, technique or process used in the
purification of drinking water;
19. “Wastewater treatment system ” means treatment works and all
related pipelines or conduits, pumping stations an d force mains, and
all other appurtenances and devices used for col lecting, treating,
conducting or discharging wa stewater;
20. “Waters of the state” means all streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, storm sewers and all other bodies or
accumulations of water, surface and underground, natural or
artificial, public or private, which are contained within, flow
through, or border up on this state or any portion thereof, and shall
include under all circumstances the waters of the United States
which are contained within the boundaries of, flow through o r border
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upon this state or any portion thereof . Provided, waste treatment
systems, including treatment ponds or lagoons designed to meet
federal and state requirements other than cooling ponds as defined
in the Clean Water Act or rules promulgated theret o and prior
converted cropland are not waters of the state ; and
21. “Wellhead protection area” means the surface and subsurface
area surrounding a water well or wellfield supplying a public water
system that defines the extent of the area from which water is
supplied to such water well or wellfield.
SECTION 3. AMENDATORY 27A O.S. 2021, Section 1 -3-101, as
last amended by Section 4, Chapter 185, O.S.L. 2022 (27A O.S. Supp.
2022, Section 1-3-101), is amended to read as follows:
Section 1-3-101. A. The provisions of this section specify the
jurisdictional areas of responsibility for each state environmental
agency and state agencies with limited environmental responsibility.
The jurisdictional areas of environmental responsibil ity specified
in this section shall be in addition to those otherwise provided by
law and assigned to the specific state environmental agency;
provided that any rule, interagency agreement or executive order
enacted or entered into prior to the effective d ate of this section
which conflicts with the assignment of jurisdictional environmental
responsibilities specified by this section is hereby superse ded.
The provisions of this subsection shall not nullify any financial
obligation arising from services ren dered pursuant to any
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interagency agreement or executive order entered into prior to Jul y
1, 1993, nor nullify any obligations or agreements with pr ivate
persons or parties entered into with any state environme ntal agency
before July 1, 1993.
B. Department of Environmental Quality. The Department of
Environmental Quality shall have the foll owing jurisdictional areas
of environmental responsibility:
1. All point source discharges of pollutants and storm wate r to
waters of the state which originate from mu nicipal, industrial,
commercial, mining, transportation and utilities, construction,
trade, real estate and finance, services, public administration ,
manufacturing and other sources, facilities and activities , except
as provided in subsections D and E of t his section;
2. All nonpoint source discharges and pollution except as
provided in subsections D, E and F of this section;
3. Technical lead agenc y for point source, nonpoint source and
storm water pollution control programs funded under Section 106 of
the federal Clean Water Act, for areas within the Department’s
jurisdiction as provided i n this subsection;
4. Surface water and groundwater quality and protection and
water quality certifications;
5. Waterworks and wastewater works operator certification ;
6. Public and private water supplies;
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7. Underground injection control pursuant to t he federal Safe
Drinking Water Act and 40 CFR Parts 144 thro ugh 148, except for:
a. Class II injection wells,
b. Class V injection wells utilized in the remediation of
groundwater associated with underground or aboveground
storage tanks regulated by the Co rporation Commission,
c. those wells used for the recovery, injection or
disposal of mineral brines as defined in the Oklahoma
Brine Development Act regulated by the Co mmission, and
d. any aspect of any CO 2 sequestration facility including
any associated CO2 injection well, over which the
Commission is given jurisd iction pursuant to the
Oklahoma Carbon Capture and Geologic Sequestration
Act;
8. Notwithstanding any othe r provision in this section or other
environmental jurisdiction statute, sole and exclusi ve jurisdiction
for air quality under the federal Clean Air Act and applicable state
law, except for indoor air quality and asbestos as regulated for
worker safety by the federal Occupational Safety and Health Act and
by Chapter 11 of Title 40 of the Oklah oma Statutes;
9. Hazardous waste and solid waste including industrial,
commercial and municipal waste;
10. Superfund responsibilities of the state under the
Comprehensive Environmental Response, Compensation and Liability Act
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of 1980 and amendments there to, except the planning requirements of
Title III of the Sup erfund Amendment and Reauthorization Act of
1986;
11. Radioactive waste and all regulatory activities for the use
of atomic energy and sources of radiation except for electronic
products used for diagnosis by diagnostic X-ray facilities and
electronic products used for bomb detection by public safety bomb
squads within law enforcement agencies of this state o r within law
enforcement agencies of any political subdivision of this state;
12. Water, waste, and wastewater treatment systems including,
but not limited to, septic tanks or other public or private waste
disposal systems;
13. Emergency response as spec ified by law;
14. Environmental laboratory services and laboratory
certification;
15. Hazardous substances other than branding, package and
labeling requirements;
16. Freshwater wellhead protection;
17. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Department;
18. Utilization and enforcement of Oklahoma Water Quality
Standards and implementation documents;
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19. Environmental regulation of any entity or activity, and the
prevention, control and abatement of any pollution, not subject to
the specific statutory authority of ano ther state environmental
agency;
20. Development and mainte nance of a computerized information
system relating to water quality pursuant to Section 1-4-107 of this
title;
21. Development and promulgation of Oklahoma Water Quality
Standards, their accompanying use support assessment protocols,
anti-degradation policies generally affecting Oklahoma Water Quality
Standards application and implementation including but not limited
to mixing zones, low flows and variances or any modification or
change thereof pursuant to Section 1085.30 of Title 82 of the
Oklahoma Statutes, and the Implementation Plan pursuant to Section
1-1-202 of this title for its jurisdictional area o f environmental
responsibility; and
22. Development and utilization of policies and require ments
necessary for the implementation of Oklahoma Groundwat er Quality
Standards to the extent that the implementation of such standards
are within the scope of the Department’s jurisdiction including but
not limited to the establishment of points of compl iance when
warranted;
23. Mining regulation; and
24. Mining reclamation of active mines .
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C. Oklahoma Water Resources Board. The Oklahoma Water
Resources Board shall have the following jurisdictional areas of
environmental respon sibility:
1. Water quantity including, but not limited to, water rights,
surface water and underground water, planning, and interstate stream
compacts;
2. Weather modification;
3. Dam safety;
4. Flood plain management;
5. State water/wastewater loans and grants revolving fund and
other related financial aid programs;
6. Administration of the federal Clean Water State Revolving
Fund Program including, but not limited to, making application for
and receiving capitalization grant awards, wastewater prior itization
for funding, technical project reviews, environmental review
process, and financial review and administration;
7. Water well drillers/ pump installers licensing;
8. Technical lead agency for clean lakes eligible for funding
under Section 314 of the federal Clean Water Act or other applicable
sections of the federal Clean Water Act or other subsequent state
and federal clean lakes progra ms; administration of a state program
for assessing, monitoring, studying and restoring Oklahoma lakes
with administration to include, but not be limited to, receipt and
expenditure of funds from federal, state and private sources for
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clean lakes and imple mentation of a volunteer monitoring program to
assess and monitor state water resources, provided such funds fro m
federal Clean Water Act sources are administered and disbursed by
the Office of the Secretary of Environment;
9. Groundwater protection for activiti es subject to the
jurisdictional areas of environmental responsibility of the Board;
10. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1-1-202 of this title for
its jurisdictional area of environmental r esponsibility;
11. Development of classifications and identification of
permitted uses of ground water, in recognized water rights, and
associated groundwater recharge areas;
12. Establishment and implementation of a statewide beneficial
use monitoring program for waters of the state in coordination with
the other state environmental agencies;
13. Coordination with other sta te environmental agencies and
other public entities of water resou rce investigations conducted by
the federal United States Geologica l Survey for water quality and
quantity monitoring in the state; and
14. Development and submission of a report concer ning the
status of water quality monitoring in this state pursuant to Section
1-1-202 of this title.
D. Oklahoma Department of Agricult ure, Food, and Forestry.
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1. The Oklahoma Department of Agriculture, Food, and Forestr y
shall have the following jurisdi ctional areas of environmental
responsibility except as provided in pa ragraph 2 of this subsection:
a. point source discharges and non point source runoff
from agricultural crop production, agricultural
services, livestock production, silviculture, feed
yards, livestock markets and animal waste,
b. pesticide control,
c. forestry and nurseries,
d. fertilizer,
e. facilities which store grain, feed, seed, fertilizer
and agricultural chemicals,
f. dairy waste and wastewater asso ciated with milk
production facilities,
g. groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility
of the Department,
h. utilization and enforcement of Oklahoma Water Quality
Standards and implementation do cuments,
i. development and promul gation of a Water Quality
Standards Implementation Plan pursuant to Se ction 1-1-
202 of this title for its jurisdictional areas of
environmental responsibility, and
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j. storm water discharges for activities subject to the
jurisdictional areas of environmenta l responsibility
of the Department.
2. In addition to the jurisdictio nal areas of environmental
responsibility specified in subsection B of this section, the
Department of Environmental Quality shall have environmental
jurisdiction over:
a. (1) commercial manufacturers of fertilizers, grain
and feed products, and chemicals, and over
manufacturing of food and kindred products,
tobacco, paper, lumber, wood, textile mill and
other agricultural products,
(2) slaughterhouses, but not including feedlots at
these facilities, and
(3) aquaculture and fish hatcheries
including, but not limited to, discharges of
pollutants and storm water to waters of the state,
surface impoundments and land application of wastes
and sludge, and othe r pollution originating at these
facilities, and
b. facilities which store grain, feed, seed, fertilizer,
and agricultural chemicals that are required by
federal NPDES regulations to obtain a permit for storm
water discharges shall only be subject to the
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jurisdiction of the Department of E nvironmental
Quality with respect to such storm water discharges.
E. Corporation Commission.
1. The Corporation Com mission is hereby ve sted with exclusive
jurisdiction, power and authority, and it shall be its duty to
promulgate and enforce rules, and is sue and enforce orders governing
and regulating:
a. the conservation of oil and gas,
b. field operations for geolog ic and geophysical
exploration for oil, gas and brine including seismic
survey wells, stratigraphic test w ells and core test
wells,
c. the exploration, drilling, development, producing or
processing for oil and g as on the lease site,
d. the exploration, drilling, development, production and
operation of wells used in connection with the
recovery, injection or disposal of mineral brines,
e. reclaiming facilities only for the processing of salt
water, crude oil, nat ural gas condensate and tank
bottoms or basic sediment from crud e oil tanks,
pipelines, pits and equipment associated with the
exploration, drilling, development, producing or
transportation of oil or gas,
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f. underground injection control pursuant to the f ederal
Safe Drinking Water Act and 40 C FR Parts 144 through
148 of:
(1) Class II injection wells,
(2) Class V injection wells utilized in the
remediation of groundwater associated wit h
underground or aboveground storage tanks
regulated by the Commission,
(3) those wells used for the recover y, injection or
disposal of mineral brines as defined in the
Oklahoma Brine Development Act, and
(4) any aspect of any CO2 sequestration facility
including any associated CO2 injection well, over
which the Commission is g iven jurisdiction
pursuant to the Oklahoma Carbon Capture a nd
Geologic Sequestration Act.
Any substance that the United States Environmental
Protection Agency allows to be injected i nto a Class
II well may continue to be so injected,
g. tank farms for storage of crude oil and petroleum
products which are located outside the boundaries of
refineries, petrochemical manufacturing plants,
natural gas liquid extraction plants, or other
facilities which are subject to the jurisdiction of
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the Department of Environ mental Quality with regard to
point source discharges,
h. the construction and operation of pipelines and
associated rights-of-way, equipment, facil ities or
buildings used in the tra nsportation of oil, gas,
petroleum, petroleum products, anhydrous ammonia or
mineral brine, or in the tr eatment of oil, gas or
mineral brine during the course of transportation but
not including line pipes in any:
(1) natural gas liquids extraction plant,
(2) refinery,
(3) reclaiming facility other than for those
specified within subparagraph e of this
subsection,
(4) mineral brine processing plant, and
(5) petrochemical manufacturing plant,
i. the handling, transportation, storage and disposition
of saltwater, mineral brines, waste oil and other
deleterious substances produced f rom or obtained or
used in connection with the dri lling, development,
producing and operating of oil and gas wells, at:
(1) any facility or activity specifically listed in
paragraphs 1 and 2 of this subsection as being
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subject to the jurisdiction of the Co mmission,
and
(2) other oil and gas extraction f acilities and
activities,
j. spills of deleterious substances associated with
facilities and activit ies specified in paragraph 1 of
this subsection or associated with other oil and gas
extraction facilities a nd activities,
k. subsurface storage of oil, n atural gas and liquefied
petroleum gas in geologic strata,
l. groundwater protection for activities su bject to the
jurisdictional areas of environmental responsibility
of the Commission,
m. utilization and enfo rcement of Oklahoma Water Quality
Standards and implementation documents, and
n. development and promulgation of a Water Quality
Standards Implementation Plan pursuant to Section 1-1-
202 of this title for its jurisdictional areas of
environmental responsib ility.
2. The exclusive jurisdiction, pow er and authority of t he
Commission shall also extend to the construction, operation,
maintenance, site rem ediation, closure and abandonment of the
facilities and activities described in paragraph 1 of this
subsection.
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3. When a deleterious substance from a Commission-regulated
facility or activity enters a point source discharge of pollutants
or storm water from a facility or activity regulat ed by the
Department of Environmental Quality, the Department shall have s ole
jurisdiction over the point source di scharge of the comming led
pollutants and storm water from the two facilities or activities
insofar as Department-regulated facilities and act ivities are
concerned.
4. The Commission and the Department of Environmen tal Quality
are hereby authorized to obt ain authorization from the Environmental
Protection Agency to administer, within their respective
jurisdictions, any and all programs regulati ng oil and gas
discharges into the waters of this state. For purposes of the
federal Clean Water Act, any facilit y or activity which is subject
to the jurisdiction of the Commission pursuant to paragraph 1 of
this subsection and any other oil and gas extr action facility or
activity which requires a permit for the discharge of a pollutant or
storm water to waters of t he United States shall be subject to the
direct jurisdiction and permitting authority of the Oklahoma agency
having received delegation of thi s program from the Environmental
Protection Agency.
5. The Commission sha ll have jurisdiction over:
a. underground storage tanks that co ntain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
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aviation fuel and that are not located at refin eries
or at the upstream or intermediate shipment points of
pipeline operations including, but not limited to,
tanks from which these ma terials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any point source discharge of a
pollutant to waters of the United States during site
remediation or the off-site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environmental Quality,
b. aboveground storage tanks that co ntain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and that are not located at refin eries
or at the upstream or intermediate shipment points of
pipeline operations including, but not limited to,
tanks from which these mat erials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from p umps,
hoses, dispensers, and other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any p oint source discharge of a
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pollutant to waters of the United States during site
remediation or the off-site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environmental Quality, and
c. the Petroleum Storage Tank Rel ease Environmental
Cleanup Indemnity Fund, the Oklahoma Petroleum Storage
Tank Release Indemnity Program, and the Oklah oma
Leaking Underground Storage Tank Trust Fund.
6. The Department of Envi ronmental Quality shall have sole
jurisdiction to regulate the transportation, discharge or release of
deleterious substances or solid or hazardous waste or other
pollutants from rolling stock and rail facilities. The Department
of Environmental Quality s hall not have any jurisdiction with
respect to pipeline transp ortation of carbon dioxide.
7. The Department of Environmental Quality shall have so le
environmental jurisdiction for point and nonpoint source discharges
of pollutants and storm water to water s of the state from:
a. refineries, petrochemical manufacturin g plants and
natural gas liquid extraction plants,
b. manufacturing of equipment and products related to oil
and gas,
c. bulk terminals, aboveground and underground storage
tanks not subject to the jurisdiction of the
Commission pursuant to this subsection , and
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d. other facilities, activities and sources not subject
to the jurisdiction of the Commission or the Oklahoma
Department of Agriculture, Food, and Forestry as
specified by this section.
8. The Department of Environme ntal Quality shall have sole
environmental jurisdiction to regulate air emissions from all
facilities and sources subj ect to operating permit requiremen ts
under Title V of the federal Clean Air Act as amended.
F. Oklahoma Conservation Commission. The Oklahoma Conservation
Commission shall have the following jurisdictional areas of
environmental responsibility:
1. Soil conservation, erosion control and nonpoint source
management except as otherwise provided by law;
2. Monitoring, evaluation and assess ment of waters to determine
the condition of streams and rivers being impacted by nonpoint
source pollution. In carrying out this area of responsibility, the
Oklahoma Conservation Commission shall serve as the technical lead
agency for nonpoint source cat egories as defined in Section 319 of
the federal Clean Water Act or other subsequent federal or state
nonpoint source programs, except for activities relat ed to
industrial and municipal storm water or as otherwise provided by
state law;
3. Wetlands strategy;
4. Abandoned mine reclamation;
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5. Cost-share program for land use activities;
6. Assessment and conservation plan development and
implementation in watersheds of clean lakes, as specified by law;
7. Complaint data ma nagement;
8. Coordination of environmental and natural resources
education;
9. Federal upstream flood control program;
10. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Commission;
11. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1-1-202 of this title for
its jurisdictional areas of e nvironmental responsibility;
12. Utilization of Oklahoma Water Quality Standards and
Implementation documents; and
13. Verification and certification of carbon sequestra tion
pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This
responsibility shall not be superseded by the Oklahoma Carbon
Capture and Geologic Sequestration Act.
G. Department of Mines. The Department of Mines shall have the
following jurisdictional areas of environmental responsibility:
1. Mining regulation;
2. Mining reclamation of active mines;
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3. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Commission; and
4. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Se ction 1-1-202 of this title for
its jurisdictional areas of responsibility.
H. Department of Wildlife Conservation. The Department of
Wildlife Conservation shall have th e following jurisdictional areas
of environmental responsibilities:
1. Investigating wildlife kills;
2. Wildlife protection and seeking wildlife damage claims; and
3. Development and promulga tion of a Water Quality Standards
Implementation Plan pursuant to Section 1-1-202 of this title for
its jurisdictional areas of environmental respo nsibility.
I. H. Department of Public Safety. The Department of Public
Safety shall have the following jurisdictional areas of
environmental responsibilities:
1. Hazardous waste, substances and material transportation
inspections as authorized by the Oklahoma Motor Carrier Safety and
Hazardous Materials Transportation Act; and
2. Inspection and audit activiti es of hazardous waste and
materials carriers and handlers as authorize d by the Oklahoma Motor
Carrier Safety and Hazardous Materials Transportation Act.
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J. I. Department of Labor. The D epartment of Labor shall have
the following jurisdictional areas of environmental responsibility:
1. Regulation of asbestos in the workpla ce pursuant to Chapt er
11 of Title 40 of the Oklahoma Statutes;
2. Asbestos monitoring in public and private buildin gs; and
3. Indoor air quality as regulated under the authority of th e
Oklahoma Occupational Health and Safety S tandards Act, except for
those indoor air quali ty issues specifically authorized to be
regulated by another agency.
Such programs shall be a fun ction of the Department’s
occupational safety and health jurisdiction .
K. J. Oklahoma Department of Emergency Mana gement. The
Oklahoma Department of Emergency M anagement shall have the following
jurisdictional areas of environmental responsibilities:
1. Coordination of all emergency resources and activities
relating to threats to citizens’ lives and property pursuan t to the
Oklahoma Emergency Resources Managemen t Act of 1967;
2. Administer and enforce the planning requirements of Title
III of the Superfund Amendments and Reauthorization Act of 1986 and
develop such other emergency operations plans that will enable t he
state to prepare for, respond to, recover fr om and mitigate
potential environmental emerge ncies and disasters pursuant to the
Oklahoma Hazardous Materials Planning and Notification Act;
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3. Administer and conduct periodic exercises of emergency
operations plans provided for in this subsection pursua nt to the
Oklahoma Emergency Resources Managem ent Act of 1967;
4. Administer and facilitate haza rdous materials training for
state and local emergency planners and first responders pursuant to
the Oklahoma Emergency Resources Manage ment Act of 1967; and
5. Maintain a computerized emergency informati on system
allowing state and local access to inform ation regarding hazardous
materials’ location, quantity and potential threat.
SECTION 4. AMENDATORY 27A O.S. 2 021, Section 2-1-102, is
amended to read as fol lows:
Section 2-1-102. As used in the Oklahoma Environmental Quality
Code:
1. “Administrative hearing” means an individual proceeding,
held by the Department when authorized by the provisions of this
Code and conducted pursuant to the Administrative Procedures Act,
this Code and rules promulgated thereunder, for a purpose specified
by this Code. “Administrative hearing ” includes “administrative
permit hearing”, “enforcement hearing” and “administrative
enforcement hearing” within the context of this Code. An
“administrative hearing ” shall be a quasi-judicial proceeding;
2. “Administrative Procedures Act” means the Oklahoma
Administrative Procedures Act;
3. “Board” means the Environmental Quality Board;
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4. “Code” means Chapter 2 of this title;
5. “Department” means the Department of Environmental Quality;
6. “Enforcement hearing” means an individual proceeding
conducted pursuant to the Administrative Procedures Act, this Code
and rules promulgated thereun der, for the purpose of enforcing the
provisions of this Code, rules promulgated thereunder and orders,
permits or licenses is sued pursuant thereto. The term
“administrative hearing ” shall mean the same as “enforcement
hearing” when held for enforcement p urposes. An “enforcement
hearing” shall be a quasi-judicial proceeding;
7. “Environment” includes the air, land, wildlife, a nd waters
of the state;
8. “Executive Director” means the Executive Director of the
Department of Environmental Quality;
9. “Industrial wastewater treatment permit ” shall mean permits
issued by the Department after July 1, 1993, under Section 2 -6-501
of Title 27A of the Oklahoma Statutes this title, and waste disposal
permits issued on or before June 30, 1993, by the Oklahoma Water
Resources Board for land application of indust rial waste or surface
impoundments or disposal systems for industrial waste or wastewater;
10. “Nonpoint source” means the contamination o f the
environment with a pollutant for which the specific point of ori gin
may not be well defined;
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11. “Person” means an individual, association, partnership,
firm, company, public trust, corpora tion, joint-stock company,
trust, estate, municipality, stat e or federal agency, other
governmental entity, any other legal entity or an agent, employee,
representative, assigne e or successor thereof;
12. “Pollution” means the presence in the environment of any
substance, contaminant or pollutant, or any other alt eration of the
physical, chemical or biological properties of the envi ronment or
the release of any liquid, gaseous o r solid substance into the
environment in quantities which are or will likely c reate a nuisance
or which render or will likely render the e nvironment harmful or
detrimental or injurious to public health, safet y or welfare, or to
domestic, commercial, indus trial, agricultural, recreational, or
other legitimate beneficial uses, or to l ivestock, wild animals,
birds, fish or other aquatic life, o r to property;
13. “Public meeting” means a formal public forum, held by the
Department when authorized by the provi sions of this Code, and
conducted by a presiding officer pursuant to the requir ements of
this Code and rules promulgated thereunder, at whi ch an opportunity
is provided for the presentation of oral and written views within
reasonable time limits as determi ned by the presiding officer.
Views expressed at a “public meeting” shall be limited to the topic
or topics specified by this Code for suc h meeting. “Public meeting”
shall mean a “public hearing” when held pursuant to requirements of
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the Code of Federal Regulations or the Oklahoma Pollutant Discharge
Elimination System Act, and sha ll be synonymous with “formal public
meeting” and “informal public meeting” as used within the context of
this Code and rules prom ulgated thereunder. A “public meeting”
shall not be a quasi-judicial proceeding;
14. “State environmental agency ” includes the:
a. Oklahoma Water Resources Board,
b. Oklahoma Corporation Commission,
c. State Oklahoma Department of Agriculture , Food, and
Forestry,
d. Oklahoma Conservation Commission,
e. Department of Wildlife Conservat ion,
f. Department of Mines,
g. Department of Public Safety,
h. g. Department of Labor,
i. h. Department of Environmental Quality, and
j. i. Oklahoma Department of Civil Emergency Management;
and
15. “Waters of the state” means all streams, lakes, ponds,
marshes, watercourses, waterways, wells, spr ings, irrigation
systems, drainage systems, storm sewers and all other bodies or
accumulations of water, surface and underground, natural or
artificial, public or private, which are contained within, flow
through, or border upon t his state or any portion t hereof, and shall
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include under all circumstances the waters of the United States
which are contained within the boundaries of, fl ow through or border
upon this state or any por tion thereof.
SECTION 5. AMENDATORY 27A O.S. 2021, Se ction 2-3-110, is
amended to read as follows:
Section 2-3-110. A. The Department of Environmental Quality
Executive Director shall submit an application to the Speaker of the
House of Representatives and the Presid ent Pro Tempore of the Senate
for the sale of the headquarters building and connected
appurtenances of the Department located at 707 N. Robinson in
downtown Oklahoma City. The Commissioners of the Land Office shall
be responsible for the sale of the build ing. The funds from the
sale of the building shall be deposited in the Commissioners of the
Land Office Revolving Fund created pursuant to Section 1011 of Title
64 of the Oklahoma Statutes. However, the sale of the building
shall not proceed if the Commi ssioners of the Land Office determine
the proceeds offered for the building are not financially
sufficient.
B. The Department of Environmental Quality, Ok lahoma Tourism
and Recreation Department, State Department of Health, Oklahoma Tax
Commission, Oklahoma Water Resources Board, and Oklahoma Department
of Labor and Department of Mines , in addition to the other powers
and duties vested by Oklahoma law, shall be authorized to relocate
agency offices to a site in Oklaho ma County including but not
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limited to buildings or units, as defined by the Un it Ownership
Estate Act provided in Section 503 of Title 60 of the Oklahoma
Statutes, owned by the Commissioners of the Land Office.
C. The new office location or locations sha ll be occupied by
the Department of Environ mental Quality, Oklahoma Tourism and
Recreation Department, State Department of Health, Oklahoma Tax
Commission, Oklahoma Water Resources Board, and Oklahoma Department
of Labor and Department of Mines and shall consist of sufficient
square footage to accommod ate staff offices, program areas , staff
conference areas, records and computer areas, genera l storage areas,
security equipment storage areas, main room, reception areas and
other necessary areas for operation of the state agencies.
D. The Department of Environmental Quality, Oklahoma T ourism
and Recreation Department, State Department of Health , Oklahoma Tax
Commission, Oklahoma Water Resources Board, and Oklahoma Department
of Labor and Department of Mines are authorized to purchase real
estate including but not limited to buildings or units, for no more
than appraised value or, in the alternat ive, the Executive Director
of the Department of Environmental Qu ality, Executive Director of
the Oklahoma Tourism an d Recreation Department, Oklahoma Tax
Commission, Oklahoma Water Resources Boar d, and Commissioner of
Labor and Oklahoma Mining Commission are authorized to enter into a
lease-purchase agreement for the acqui sition of such buildings or
units from the perso n or entity that will develop or build the
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buildings or units. In order to maintain the value of the purchased
or lease-purchase property, each state agency identified in this
section may establish a Capital Account Fund for the purpose of
paying any proportionate share of common area maintenance, repair
and maintenance of agency un it(s), fixtures and appliances contained
therein, improvements and betterments for agency unit(s) and all
required maintenance an d repair work. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of monies transf erred from the agency’s standard
appropriations. All monies accruing to the credit of the fund are
hereby appropriated and may b e budgeted and expended by the agency
for the purpose described in this section . For the purposes of t he
purchase or build-out of the new office location, the state agencies
identified in this section are hereby exempted from the requirements
of the Public Competitive Bidding Act of 1974 as provided in
Sections 101 through 139 of Title 61 of the Oklahoma S tatutes. The
state agencies identified in this section shall, either individually
or through the Commissioners of the Land Office, be required to
collect multiple bids from qualified contractors for t he build-out
of new office locations.
SECTION 6. AMENDATORY 27A O.S. 2021, Section 2-6-111, is
amended to read as follows:
Section 2-6-111. A. For purposes of this section, a “subject
mine” shall mean a mine, as defined in parag raph 2 of Section 723 of
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Title 45 of the Oklahoma Statutes, proposed for a loca tion overlying
a sensitive sole source groundwater basin or subbasin, exclusive of
any mine that meets at least one of the followi ng conditions:
1. As of November 1, 2019, is e ngaged in the permitted
extraction of minerals from natural deposits; or
2. Satisfies the criteria of paragraph 1 or 2 of subsection C
of Section 1020.2 of Title 82 of the Oklahoma Statutes; or
3. Is not to be permitted to operate for a period of more th an
five (5) years, with no extensi ons or renewals; or
4. The operation of whic h will not result in more than five (5)
acre-feet per year of groundwater emanating from a sensitive sole
source groundwater basin or subbasin to infiltrate its pit, as that
term is defined in paragraph 12 of Se ction 723 of Title 45 of the
Oklahoma Statutes.
B. Due to the inadequacy of existing technical resources ,
analytic tools and regulatory systems for purposes of the effective
implementation of statutes relating to the oper ation of mines that
overlies a sensitive sole source groundwater basin or subba sin, the
Legislature hereby declares and establishes a morat orium on the
Department of Environmental Quality permitting of any dis charge from
a subject mine to streams fed or su pported by water emanating from
sensitive sole source groundwater basins or sub basins.
C. The moratorium shall remain in effect until such time as:
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1. The conditions of subsection C of Section 3 1020.9C of this
act Title 82 of the Oklahoma Sta tutes have been satisfied; and
2. The Department of Environmental Quality promulgates final
rules to provide for effective interagency consultation a nd
coordination of activities among the Department, and the Oklahoma
Water Resources Board and the Department of Mines on all
administrative matters relating to the operation of mines at
locations that overlie a sensitive sole source groundwater basin or
subbasin.
D. Notwithstanding the moratorium, the Department of
Environmental Quality may issue any new permits, permit
modifications, permit amendments, permit revisions or permit
renewals necessary to maintain compliance or remedy identified
compliance issues pursuant to Title 27A of the Oklahoma Statutes
this title to operators of any mines lawfully engaged in mining, a s
defined in paragraph 3 of Section 723 of Title 45 of the Oklahoma
Statutes.
E. The Department of Environmental Quality is hereby author ized
and instructed to promulgate rules to implement the provisions of
this section.
F. The Department of Environment al Quality is hereby authorized
to cooperate with federal, tribal and any othe r agency in this state
in performing its responsibilities un der this section.
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SECTION 7. AMENDATORY 27A O.S. 2021, Section 4-1-102, is
amended to read as follows:
Section 4-1-102. For purposes of the Oklahoma Emergency
Response Act:
1. “State environmental agency ” includes:
a. the Oklahoma Water Resources Board,
b. the Corporation Commission,
c. the State Oklahoma Department of Agriculture , Food,
and Forestry,
d. the Oklahoma Conservation Commission,
e. the Department of Wildlife Conservation,
f. the Department of Mines and Mining,
g. the Department of Public Safety,
h. g. the Department of Labor,
i. h. the Department of Environmental Quality, and
j. i. the Department of Civil Emergency Mana gement;
2. “Lead official” means the person designated by the contact
agency to be the official in charge of the on-site management of the
emergency;
3. “Emergency” means a sudden and unforeseeable occurrence or
condition either as to its onset or as to its extent, of such
severity or magnitud e that immediate emergency response or action is
necessary to preserve the health and safety of the public or
environment or to pre serve property;
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4. “Dangerous substance” means explosives, gases, flammable
liquids and solids, poisons, radioactive materia ls, hazardous
materials, deleterious substances, oil, or oth er substance or
material in a quantity or form capable of posing an unr easonable
risk to public health and safety, pro perty or to the environment;
5. “Release” means a leakage, seepage, discharge , emission or
escaping of a dangerous substance into the env ironment of the state;
6. “Extreme emergency” means any emergency whic h requires
immediate protective actions;
7. “Protective actions” are those steps deemed necessary by
first responders to an extreme emergency to preserve the health and
safety of the emergency responders, the public and the protection of
the environment and property during an incident involving the
release of a dangerous substance. Prote ctive actions include but
are not limited to area isolation, evacuation, dilution, cooling,
encapsulation, chemical treatment and diking;
8. “First responder” means the first person to arrive at the
scene of an incident involving the release of a dangerou s substance
who has the authority by vir tue of that person’s position as a local
law enforcement officer, peace officer, fire protection officer or
Oklahoma Highway Patrol Officer or other law enforcement officer;
9. “Contact agency” means a municipality, fire department or
the Oklahoma Highway Patrol as determined by the location of an
incident as follows:
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Location Contact Agency
a. Inside corporate municipal Municipal Fire
limits Department
b. Outside corporate Closest Municipal
limits on private proper ty Fire Department
c. Outside corporate limits Oklahoma Highway
on federal/state highway, Patrol;
public property, county road,
or a railroad;
10. “Responsible party” means any person who owned, operated,
or otherwise controlled activities at the facility at the time the
incident or event invol ving releases of dangerous substances
requiring protective a ctions occurred; and
11. “Facility” means:
a. any building, structure, installation, equipment, pipe
or pipeline, including any pipe into a sewer or
publicly owned treatment works, well, pit, pon d,
lagoon, impoundment, ditch, landfill, storage
container, motor vehicle, rolling stock, or aircraft,
or
b. any site or area where a hazardous substance has been
deposited, stored, disposed of, or placed, or
otherwise came to be located, or
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c. any vessel, including every description of watercraft
or other artificial conveyance used, or capable of
being used, as a means of transportat ion on water.
SECTION 8. AMENDATORY 29 O.S. 2021, Section 7 -401a, is
amended to read as follows:
Section 7-401a. A. Any person, firm or corporation who
violates any provision of or fails to perform any duty imposed by a
state environmental regulatory agency pursuant to the O klahoma
Statutes or rules promulgated thereto, which violation causes the
death of fish or other wildlife, shall in addition to the penalt ies
provided by law be liable to pay the state an amount equal to the
sum of money reasonably necessary to restock suc h waters. Such
liability shall include replacement cost of fish killed, based on
the most recent fish values as officially published by t he American
Fishery Society, Southern Division, all other costs require d for
such restocking, including but not limite d to shipment and handling,
or replenish such wildlife and all cost incurred i n investigating,
locating or establishing the responsible pe rson, firm or corporation
as determined by the Oklahoma Wildlife Conser vation Commission.
B. Such amount may be recov ered by a state environmental
regulatory agency on behalf of the state in a ci vil action brought
in the district court with all such monie s being provided to the
Oklahoma Wildlife Conservation Commission. The Oklahoma Wildlife
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Conservation Commission shal l reimburse the state environmental
regulatory agency issuing the violation fo r all expenses incurred.
C. For purposes of this section, a “state environmental
regulatory agency” is defined as the State Oklahoma Department of
Agriculture, Food, and Forestry, the Oklahoma Corporation
Commission, the Department of Environmental Qualit y, the Department
of Mines and the Department of Public Safe ty.
SECTION 9. AMENDATORY 45 O.S. 2021, Sect ion 1.2, is
amended to read as follows:
Section 1.2. A. Whenever the Board Department of Environme ntal
Quality determines there are reasonable grounds to believe there has
been a violation of any order of the Board Department adopted
pursuant to Title 45 of the Oklahoma Statutes this title, it shall
give written notice to the alleged violator specifying the cause of
the complaint. Such notice shall require that the matters
complained of be corrected within a specified time or that the
alleged violator appear before the Board Department at a time and
place specified in the notice to answer the charges. The notice
shall be delivered to the alleged violator in accordance with the
provisions of subsection C of this section not less than twenty (20)
days before the time set for the hearing .
B. The Board Department shall afford the alleged violator an
opportunity for a hearing in co nformity with the Administrative
Procedures Act. On the basis of the evidence produced at the
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hearing, the Board Department shall make findings of fact and
conclusions of law an d enter an order thereon. The Board Department
shall give written notice of s uch order to the alleged violator.
The order of the Board Department shall become final and binding on
all parties unless appealed to the district court within thirty (30)
days after notice of such order h as been sent to the parties.
C. Any notice, order or other instrument issued by the Board
Department pursuant to this section may be served either personally,
by publication, or by mailing a copy by registered mail directed to
the alleged violator at his last -known address as shown by the files
or records of the Board Department. Proof of such service shall be
filed in the office of the Board Department.
D. Unless otherwise specif ied by law, any person who violates
any of the provisions of Title 45 of the Oklahoma Statutes this
title or who violates any order or determination of the Board
Department promulgated pursuant to this section shall be guilty of a
misdemeanor and in additi on thereto may be enjoined from continuing
such violation. Each day upon which such violation occurs shall
constitute a separate violation.
The Attorney General, on the request of the Board Department,
shall bring an action against any person violating any order or
determination of the Board adopted pu rsuant to Title 45 of the
Oklahoma Statutes this title.
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SECTION 10. AMENDATORY 45 O.S. 2021, Section 1.3, is
amended to read as follows:
Section 1.3. A. All hearings required by the Board Department
of Environmental Quality may be conducted by the Board Department
itself at aregular a regular or special meeting of the Board
Department or the Board Department may designate hearing officers
who shall have the power and author ity to conduct such h earings in
the name of the Board Department at any time and place.
B. Any person aggrieved by a final order or other final
determination of the Board Department may, or the Attorney General
on behalf of the state may, petition for a judicial review for
rehearing, reopening or reconsideration of the ma tter, as provided
for in Section 317 of Title 75 of the Oklahoma Statutes.
SECTION 11. AMENDATORY 45 O.S. 2021, Section 1.4, is
amended to read as follows:
Section 1.4. The Chief Mine Inspector Executive Director of the
Department of Environmental Quality or his or her duly authorized
representative shall have the power to enter at reasonable times
upon any private or public property for the purpose of inspecting
and investigating cond itions relating to the health and safety of
anyone employed in a mine in this state or to carry out its duties
as required by this title.
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The Board Department may require the maintenance of records
relating to mining. Copies of such records shall be submi tted to
the Board Department on request.
SECTION 12. AMENDATORY 45 O.S. 2021, Section 1.5, is
amended to read as follows:
Section 1.5. The Board Department of Environmental Quality
shall adopt within one hundred and eighty (180) d ays of the
effective date of this act, rules and regulations governing
ventilation, underground haulage, hoisting operation s, explosives,
and such other regulation s it may deem necessary to protect the
health and safety of persons employed in the mines of this state.
SECTION 13. AMENDATORY 45 O.S. 2021, Section 1a, is
amended to read as follows:
Section 1a. A. The Oklahoma Mining Commission Department of
Environmental Quality shall be the policy-determining agency for the
Department Division of Mines and shall determine the br oad plans and
programs for the accomplishment of duties and responsibilities
vested by law in said Commission, the Chief Mine I nspector
Department and the Department Division of Mines, and may in the
absence of an appointed Chief Mine Inspector, fix the duties and
responsibilities of personnel employed by the Department Division
including, in the absence of an appointed Chief Mine Inspector, the
Division Director of the Department Division of Mines. It The
Department shall have the authority to delegate to its chairman, to
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one or more agents or employees , such powers and duties as it may
deem proper. Each member of the Commission shall be reimbursed for
actual and necessary travel expenses necessarily incurred in the
discharge of official duties as provide d in the State Travel
Reimbursement Act.
B. In addition to other powers and duties specified by law, the
Oklahoma Mining Commi ssion Department shall have the power and duty
to:
1. acquire by gift, devise, pu rchase or otherwise, absolutely
or in trust, and to hold and, unless otherwise restricted by the
terms of the gift or devis e, any real property or real estate or
other interest therein as may be necessary in carrying into effect
the purpose of this act .; and
2. enter into contracts and to execute all instruments
necessary to fulfill its duties, respecting the protection,
preservation, maintenance and operation of such buildin gs and sites
as it may select.
SECTION 14. AMENDATORY 45 O.S. 2021, Section 1c, is
amended to read as fo llows:
Section 1c. Subject to the policies, rules and regulations of
the Oklahoma Mining Commission Department of Environmenta l Quality,
the Executive Director of the Department shall:
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1. Be responsible for organizing the Department Division of
Mines in a manner efficiently to achieve the objectives of th e
Commission Department with regard to the Division;
2. Prepare and submit plans for administering the programs of
the Commission Department to be administe red by the Division;
3. Prepare a personnel sc hedule, employ personnel, define
duties, appoint technicians and consultants , and fix salaries or
compensation, upon approval by the Commission; and
4. Administer all policies formulated and adopted by the
Commission Department for implementation by the D ivision.
SECTION 15. AMENDATORY 45 O.S. 2021, Secti on 1d, is
amended to read as follows:
Section 1d. A. The Division Director of the Department
Division of Mines with the approval of the Commission Executive
Director of the Depar tment of Environmental Quality shall have and
is authorized to exercise the following duties:
1. To appoint a miner certificat ion advisory council or othe r
such advisory council as may be required to accompli sh government
functions; and
2. To provide assistance, advice and counsel to the Commission
Department when requested.
B. Any advisory councils shall meet at such times and places as
the members may deem most co nvenient for the transaction of
business. A majority of such councils shall constitute a quorum.
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Each member of such councils shall be reimbursed for actual and
necessary expenses incurred in the discharge of offici al duties with
approval of the Division Director and the Commission Department as
provided in the State Travel Reimbursement Act.
SECTION 16. AMENDATORY 45 O.S. 2021, Section 1e, i s
amended to read as follows:
Section 1e. A. There is hereby established the Oklahoma Miner
Training Institute. The Oklahoma Miner Training Institute shall
administer miner safe ty training programs and economic development
programs to assist the mining industry in this state.
B. The Oklahoma Mining Commission Department of Environmental
Quality shall contract with the Board of Regen ts of Eastern Oklahoma
State College in Wilburt on for facilities, faculty and services
necessary for the operation of the I nstitute including, but not
limited to, the service s of a Director of the Institute and for the
development of appropriate curriculum and other services to be
offered by the Instit ute. The Regents of Eastern Oklahoma State
College shall appoint a Director for the Oklahoma Miner Training
Institute.
C. The Director of the Oklahoma Miner Training Institute shall
have knowledge, training, experience and ability consistent with the
functions of the Oklahoma Miner Training Institute. Further, the
Director shall have been a resident and a qualified elector of t his
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state for a period of at least three (3) years prior to his
selection as Director.
D. The Oklahoma Mining Commission Department shall act in an
advisory capacity concerning the operatio ns of the Oklahoma Miner
Training Institute.
SECTION 17. AMENDATORY 45 O.S. 2021, Section 1f, is
amended to read as follows :
Section 1f. The Oklahoma Miner Training Inst itute shall:
1. Conduct miner safety training programs consistent with the
needs of the mining industry within this state and the training
requirements of the Oklahoma Mining Commission Department of
Environmental Quality; and
2. Assist and cooperate wit h the Oklahoma Mining Commission
Department by conducting examinations of st udents of the Oklahoma
Miner Training Institute app lying for certificates of competency
issued by the Oklahoma Mining Commission; and
3. Assist the Oklahoma Mining Commission in d eveloping ways to
expand existing markets and create new markets for coal an d noncoal
mining operations and to further the econ omic development of the
mining industry Department.
SECTION 18. AMENDATORY 45 O.S. 2021, Section 2, is
amended to read as follows:
Section 2. A. No person shall act as a mine sup erintendent,
mine foreman, fire boss, shot -firer, certified surface blaster,
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hoisting engineer or miner without first having obtained a
certificate of competency from the Oklahoma Mining Commission
Department of Environmental Quality. No person shall empl oy such
mine superintendent, mine foreman, fire bos s, shot-firer, certified
surface blaster, hoisting engineer or miner who does not hold such
certificate. Any person who vi olates the provisions of this
subsection, upon conviction, shall be fined not more than One
Thousand Five Hundred Dollars ($1,500.00) or be imprisoned in the
county jail for a term not more than six (6) months, or b oth.
B. The examination for a certificate of competency as mine
superintendent, mine foreman, fire boss, shot -firer, certified
surface blaster or hoisting engineer shall be administered by only
employees or advisors of the Department of Mines who also hold equal
or higher certificates of competency. The examination shall be
sufficient to determine that such applicant fully u nderstands the
requirements of the coal mining laws of this state.
Each applicant for mine superintendent, mine foreman, fire boss,
certified surface blaster, hoisting enginee r or shot-firer shall
hold a first-aid certificate issued within one (1) year pri or to the
date of the examination of the Department by an organization
recognized by the Oklahoma Mining Commission Department.
C. The Department shall hold monthly examinations for
certificates of competency as underground miners. Applicants for
such certificate may be granted a temporary permit by the Commission
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Department until an examination is held by the Department in the
region in which the applicant resides. Applicants m ust successfully
answer a written or oral examination pertaining to such requ irements
and qualifications of underground miners a s are determined necessary
by the Commission Department.
D. Certificates of comp etency shall be granted by the Oklahoma
Mining Commission Department to persons who have given the
Department satisfactory e vidence of their ability to perform the
duties and skills as are required for the Council. Previous
experience and record of service of the applicant shall have equal
weight with the examination.
E. The minimum experien ce necessary for certificates of
competency are as follows:
1. Shot-firer - 1 year’s practical underground
experience.
2. Certified surface blaster - 1 year’s practical
experience.
3. Hoisting engineer - 1 year’s practical
hoisting experience.
4. Fire boss - 2 years’ practical underground
experience.
5. Mine foreman - 3 years’ practical underground
experience.
6. Superintendent - 5 years’ practical underground
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experience.
7. Practical miner - 1 year’s practical experience
as a miner or the equivalen t
experience as defined by the
Commission Department.
Provided that the underground ex perience requirement for mine
foreman and the superintendent shall not apply to th ose positions in
surface mining.
F. A student who has completed an accredited two -year or four-
year mining program shall b e credited one (1) year of experience
toward a fire boss, mine foreman or superintendent certification.
SECTION 19. AMENDATORY 45 O.S. 2021, Section 3, is
amended to read as follows:
Section 3. The Chief Mine Inspector Division Director of the
Division of Mines within the Department of Environmental Quality
shall be a citizen of the United States and shall have been a
resident of the State of Oklahoma for t he three (3) years prior to
his or her appointment to office. In addition, the Chief Mine
Inspector Division Director shall have had eight (8) years ’ include
consideration of actual experience as a practical miner. For the
purposes of this section , employment as an inspector for the
Department Division of Mines shall be consider ed practical mining
experience. The Chief Mine Inspector Division Director shall be
appointed by the Governor by and with the consen t of the Senate for
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a term of four (4) years to run concurrently with the term of the
Governor. At any time that such offi ce becomes vacant, the Governor
shall appoint with the consent of the Sena te a successor to complete
the unfinished term of office Executive Director of the Department,
shall serve at the pleasure of the E xecutive Director, and may be
removed or replaced w ithout cause. Compensation for the Division
Director shall be determined by the Executive Director .
The Executive Director of the Depart ment may appoint a Deputy
Division Director. The Deputy Chief Mine Inspector Division
Director shall possess the same residency requirements necessary for
the Chief Mine Inspector Division Director. The Deputy Chief Mine
Inspector shall be appointed by an d shall serve at the pl easure of
the Governor and Division Director may be removed or replaced
without cause. Compens ation for the Deputy shall be determined by
the Executive Director. The Deputy shall be under the direction of
the Chief Mine Inspector Division Director. The Except as otherwise
directed by the Executive Director, the Deputy Chief Mine Inspector
Division Director shall assume all of the duties and
responsibilities of the Chief Mine Inspector Division Director in
the his or her absence of the Chief Mine Insp ector.
The assistant mine Mine inspectors shall be appointed by and at
all times be under the direc tion of the Chief Mine Inspector
Division Director. The assistant mine inspectors appointed to
inspect underground mining operations shall have a minimum of three
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(3) years’ practical mining experience , and shall have obtained as a
minimum a certificate o f competency as a mine foreman.
SECTION 20. AMENDATORY 45 O.S. 2021, Section 5, is
amended to read as follows:
Section 5. Certifications required by this title shall be
issued under the signature and seal of the Oklahoma Mining
Commission by the Department of Environmental Quality . Such
certificates shall bear the date of issuance, full name and age of
the recipient and shall d esignate the position for which the
recipient is certified by the Commission Division of Mines.
Applications for certificates of competency shall be accomp anied
with the following fees:
1. Superintendent $20.00
2. Mine foreman 15.00
3. Fire boss 10.00
4. Shot-firer 10.00
5. Certified surface blaster 10.00
6. Hoisting engineer 10.00
7. Practical miner 5.00
SECTION 21. AMENDATORY 45 O.S. 2021, Section 6, is
amended to read as follows:
Section 6. The Secretary of the Oklahoma Mining Commission
Department of Environmental Q uality shall make a record of the names
and addresses of all persons to whom certificates are issued.
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Certificates of competency when issued as provided for herein, shall
entitle the holders thereof to accept and discharge the duties for
which said certificates declare them qualified.
The Division Director of the Division of Mines within the
Department shall advise the Oklahoma Mining Commission as far in
advance as possible the date and place of an examinatio n to be held
by the Department, and shall, as s oon as examination is completed,
furnish the Commission schedule examinations and compile a list of
the names of all persons who took the examination and persons
successfully completing said examinat ion shall be duly notified.
SECTION 22. AMENDATORY 45 O.S. 2021, Section 34, is
amended to read as follows:
Section 34. The Chief Mine Inspector Division Director of the
Division of Mines within the Department of Environmental Quality
shall have an office at the seat of government in which he or she
shall keep the maps and plans of all mines in the state and all
records, correspondence, papers, apparatus and other property
belonging to the state pertaining to his or her office. All such
property shall be kept in accessible and convenien t form, in a fire
proof vault convenient to his or her office and furnished by the
state, for reference by persons entitled to examine them the
property. The Chief Mine Inspector Division Director shall not
permit such maps, plans, records and papers to b e removed from his
or her office.
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SECTION 23. AMENDATORY 45 O.S. 2021, Sectio n 44, is
amended to read as follows:
Section 44. If the Attorney General shall seek redress on
behalf of the state as provided for in the Administrative Procedures
Act, the Oklahoma Mining Commission Department of Environmental
Quality is empowered to appoint a special counsel for such
proceedings.
SECTION 24. AMENDATORY 45 O.S. 2021, Section 45, is
amended to read as follows:
Section 45. In addition to its other powers, the Oklahoma
Mining Commission Department of Environmental Q uality is authorized
and directed, within the limits of funds available to it, to engage
in a continuing study of the mining laws of this state, and of
changes therein required in order to carry out to the greatest
practicable extent the policies, goals, o bjectives and
recommendations of the Commission Department, and to make
recommendations and prepare propos ed legislation for such purpo ses.
Such recommendations and proposed legislation shall, as they are
completed, be filed with the President Pro Tempore of the Senate and
the Speaker of the House of Representatives.
SECTION 25. AMENDATORY 45 O.S. 2021, Section 46.1, is
amended to read as follows:
Section 46.1. The Department of Environmental Quality, in
cooperation with the Depar tment of Mines is authorized and directed,
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within the limits of federal funds available to the Department of
Environmental Quality or any funds available to the Department of
Mines, to study ways to remedi ate acid mine drainage produced from
abandoned coal mines within this state, which the Legislature hereby
finds to be a significant water pollution and water quality problem.
The Department of Environmen tal Quality and the Department of Mines
shall evaluate existing projects among local, state and federal
government agencies, and educational institutions, which address
acid mine drainage.
Any local, state, an d educational institution within this state
implementing water quality projects which pertain to ac id mine
drainage shall coordinate and cooperate wit h the Department of
Environmental Quality and the Department of Mines to implement the
provisions of this section. The Department of Environmental Quali ty
and the Department of Mines shall make every effo rt to obtain full
cooperation and coordination from any federal agency which
implements any project pertaining to acid mine drainage.
SECTION 26. AMENDATORY 45 O.S. 2021, Section 48, is
amended to read as follows:
Section 48. The Oklahoma Department of Mines Environmental
Quality shall have jurisdiction over only those borrow pits which
are located on property permitted as commercial mining operations
pursuant to Title 45 of the Oklahoma Statutes this title.
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SECTION 27. AMENDATORY 45 O.S. 2021, Section 723, is
amended to read as follows:
Section 723. Whenever used or referred to in Sections 722
through 738 of this title, unless a different meaning clearly
appears from the context:
1. “Overburden” means all of the earth and other materials
which lie above natural deposits of min erals, and also means such
earth and other materials disturbed from their natural st ate in the
process of surface mining;
2. “Mine” means an underground or surface excavation and
development with or without shafts, slopes, drifts or tunnels for
the extraction of minerals, with hoisting or haulage equipment and
appliances for the extracti on thereof, and shall embrace any and all
of the land or property of the plant, and the surface and
underground, that contribute directly or indirectl y to the mining
properties, concentration or handling of minerals;
3. “Mining” means the extraction of mi nerals from natural
deposits by any method or p rocess;
4. “Minerals” means asphalt, clay, copper, granite, gravel,
gypsum, lead, marble, salt, sand, shale, stone, tripoli, volcanic
ash and zinc, or any other substance commonly recognized as a
mineral, and includes ores or rock containing any such subs tances,
but excludes oil, gas and any other mineral found naturally in a
liquid or gaseous state;
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5. “Underground mining” means those mining operations carried
out beneath the surface by means of shafts, slop es, tunnels or other
openings leading to the mi neral being mined and the extraction of
the mineral through such shafts, slopes, tunnels or their openi ngs;
6. “Surface mining” means those mining operations carried out
on the surface, including strip mining , auger mining, quarrying,
dredging, pumping, o r the use of hydraulic methods.
Surface mining shall not include excavation or removal of shale,
sand, gravel, clay, rock or other materials in remote areas by an
owner or holder of a possessory interest in la nd for the primary
purpose of construction or m aintenance of access roads to or on such
landowner’s property. Surface mining shall not include excava tions
or grading conducted for forming, on -site road construction or other
on-site construction, or the ex traction of minerals other than
anthracite and bituminous coal by a landowner for noncommercial use
from land owned or leased by the landowner; nor mi ning for
commercial purposes conducted under a Limited Use Permit issued by
the Department of Environmental Quality; nor the extraction of sand,
gravel, rock, stone, earth or fill from borrow pits for high way
construction purposes, so long as such work is performed under a
bond, contract and specificat ions which substantially provide for
and require reclamatio n of the area affected; nor to the handling,
processing or storage of slag on the premises of a man ufacturer as a
part of the manufacturing process. Surface mining shall not include
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the surface mining of coal or the surface effects of underground
coal mining;
7. “Strip mining” means those mining oper ations carried out by
removing the overburden lying above natural deposits of minerals,
and mining directly from such natural deposits thereby exposed , but
excludes auger mining, quarrying, dredging, pumping o r the use of
hydraulic methods;
8. “Reclamation” means conditioning affected land to make it
suitable for any uses or purposes consistent with those enumerated
in Section 722 of this title, and to avoid, minimize or correct
adverse environmental effects o f mining operations;
9. “Box cut” means the first open cut in strip mining which
results in the placing of overburden on unmined land adjacent to the
initial pit and outside the area to be mined;
10. “Consolidated material ” means material of sufficient
hardness or ability to resist weathering and to inhibit erosion or
sloughing;
11. “Operator” means any person, partnership, firm or
corporation engaged in and controlling a mining operation;
12. “Pit” means a tract of land from which overburden or
minerals have been or are being removed in the process of surface
mining;
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13. “Affected land” means the area of land from which
overburden shall have been r emoved, or upon which overburden or
refuse has been deposited, or both;
14. “Refuse” means all waste mate rial directly connected with
the production, cleaning or preparation of minerals which have been
mined by either underground or surface mining method;
15. “Ridge” means a lengthened elevation of o verburden created
in the surface mining process;
16. “Peak” means a projecting point of overburden create d in
the surface mining process;
17. “Department” means the office of the Chief Mine Inspector,
herein called the Department of Mines and Mining Environmental
Quality, or such department, bureau or commission as may lawfully
succeed to the powers and duti es of such department;
18. “Division Director” means the Chief Mine Inspector of the
State of Oklahoma Division Director of the Division of Mines within
the Department of Environmental Quality or such officer, bureau or
commission as may lawfully succeed to the powers and duties of such
Chief Mine Inspector Division Director;
19. “Borrow pit” means the one-time or intermittent extraction
of sand, gravel, rock, stone, earth or fill in its natural state,
not being mechanically altered to affect its size for government-
financed construction purposes. Such work shall be performed under
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a bond, contract and sp ecifications which substantially provide for
and require reclamation of the affected area; and
20. “Dimension stone quarry” means a site where natural s tone
used as building material is excavated and the stones are selected,
trimmed, or cut to specified s hapes or sizes.
SECTION 28. AMENDATORY 45 O.S. 2 021, Section 724, is
amended to read as follows:
Section 724. A. It shall be unlawful for any operator to
engage in any mining ope rations in this state without first
obtaining a permit or a Limited Use Permit from t he Department of
Mines Environmental Quality for each separate mining op eration. The
Department shall determine what c onstitutes a separate mining
operation by rules prom ulgated under the Mining Lands Reclamation
Act.
B. Any operator desiring to engage in limited mining activ ity
may apply for a Limited Use Permit for those m ining operations not
eligible for a surface min ing permit. Application for such permit
shall be made upon forms furnished by the Department. The for m
shall contain a description of the tract or tracts of land and shall
include the section, township, rang e and county in which the land is
located. A map shall be attached to the application which
accurately outlines and locates the tract of land. A sta tement that
the applicant has the right and power by leg al estate owned to mine
the land so described shal l be included with the application. In
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addition, the following conditions and requirements shall a pply to
Limited Use Permits:
1. The maximum acreag e shall be restricted to two (2) acres;
2. The term of a Limited Use Permit shall not exceed twelve
(12) months from the date of issuance;
3. A Limited Use Permit shall not carry a right of successive
renewal;
4. A Limited Use Permit site must be reclai med as required by
Section 725 of this title within six (6) months following the
expiration of the permit term;
5. A three-thousand-five-hundred-dollar reclamation bond must
be filed with the Department p rior to issuance of the permit;
6. Failure to reclaim the site disturbance within the permitted
time frame or revocation of the Limited Use Permit will be c ause for
bond forfeiture or other action as may be ordered by the Department;
7. The use of proces sing equipment shall not be approved for a
Limited Use Permit;
8. The use of explosives shall not be appro ved under a Limited
Use Permit;
9. A processing fee of One Hundred Dollars ($100.00) shall
accompany the application for a Limited Use Permit; and
10. Mining production shall be reported and paid as required by
Section 931 of this title.
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If the above listed conditions and requirements are met, the
Department may issue a Limited Use Permit which shal l not be subject
to the notice and publication requi rements as otherwise required by
this section.
C. 1. Any operator desiring to engage in surface mining sh all
make written application to the Department for a permit.
Application for such permit shall b e made upon a form furnished by
the Department. The form shall contain a description of the tract
or tracts of land and the estimated number of acres to be af fected
by surface mining by the operator. The des cription shall include
the section, township, r ange and county in which the land is located
and shall otherwise describe the land with sufficient cert ainty so
that it may be located and distinguished from o ther lands.
2. Transmission lines shall be plotte d on a location map
submitted with the applicat ion. A statement that the operator has
the right and power by legal estate owned to mine by surface mi ning
the land so described shall be included with the ap plication.
D. 1. Any operator desiring to engage in underground mining
shall make written appli cation to the Department for a permit.
Application for such permit shall be made upon a form furnished by
the Department. The form shall contain a descriptio n of the tract
or tracts of land to be used as ref use disposal areas. The
description shall incl ude the section, township, range and county in
which the land is located and shall otherwise describe t he land with
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sufficient certainty so that it may be loca ted and distinguished
from other lands.
2. A statement that the applicant has the right and powe r by
legal estate owned to use the land so described as a refuse disposal
area shall be included with t he application.
E. Each application for a permit under subsections C and D of
this section shall be accom panied by a plan of reclamation of the
affected land that meets the requirements of the Mining Land s
Reclamation Act. The application shall set forth the proposed use
to be made of the affected land, the g rading to be accomplished, the
type of revegetation, and shall include the approximate time of
grading and initial revegetation effort.
F. Each application for a permit under subsections C and D of
this section shall be accompanied by the bond or security meeting
the requirements of Section 728 of this t itle, or proof that such
bond or security is st ill in effect, and a fee of One Hundred
Seventy-five Dollars ($175.00) for each permit year, payable at the
rate of One Hundred Seventy -five Dollars ($175.00) per year on the
anniversary date of the year in wh ich the permit or permit renewal
was issued. All application fees shall be submitted to the State
Treasurer, who shall deposit them in the Department of Mines
Environmental Quality Revolving Fund.
G. 1. Upon the receipt of su ch application, bond or secu rity
and fee due from the operator, the Departm ent may issue a permit to
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the applicant which shall entitle the applicant to engage in mining
on the land therein described in accordance with the rules
promulgated by the Departmen t, for the life expectancy o f the
operation unless the operator is in viola tion of any state statute
or rule of the Department in which case the Department shall take
appropriate action against the operator.
2. All applications for renewal of existing per mits shall be
filed prior to the expiration of the existing permit in accor dance
with the rules promulgated by the Department.
3. No permit shall be issued except upon proper ap plication and
public hearing, if requested.
H. 1. a. Upon filing the applic ation with the Department, t he
applicant shall place an advertisement in a newspaper
of general circulation in the vicinity of the mining
operation, containing such information a s is required
by the Department, at least once a week for four (4)
consecutive weeks.
b. The advertisement shall contain, at a minimum, the
following:
(1) the name and business address of the applicant,
(2) a description which clearly shows or describes
the precise location and boundaries of the
proposed permit area and is sufficien t to enable
local residents to readily identify the proposed
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permit area. It may include towns, bodies of
water, local landmar ks, and any other information
which would identify the location,
(3) the location where a copy of the application is
available for public inspection,
(4) the name and address of the Department where
written comments, objections, or requests for
informal conferences formal hearings on the
application may be submitted pursuant to
subsection P Q of this section,
(5) if an applicant seeks a permit to min e which
includes relocation or closing of a public road,
a copy of the county resolution pertaining to the
affected county road, and
(6) such other information as is required by the
Department.
2. Any property owner or resident of an occupied dwelling who
may be adversely affected located within one (1) mile of by the
mining operation shall have the right to pro test the issuance of a
permit and request a public formal hearing.
3. The Department shall notify the surface owners of any
hearings in connection with appl ications or permits in the same
manner as the operator is notified.
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4. Such protests must be recei ved by the Department within
fourteen (14) days after the date of publication of the newspaper
advertisement. If a public formal hearing is requested, the
Department shall then hold an informal hearing in t he vicinity of
the proposed mining a mediation within sixty (60) days after the
close of the deadline to file protests. The mediator shall be paid
for by the applicant and be consented to by all parties, if not
provided by the Department. The medi ator shall advise the
Department after the mediation as to whether the parties were able
to resolve some or all their concerns, in which case the resolutions
shall be incorporated into the permit as conditions, or whether the
parties were not able to resolve thei r concerns. If the parties
were not able to reso lve all their concerns, the matter shall
proceed to formal hearing. The individual serving as m ediator shall
not serve as the hearing examiner at the formal hearing.
5. Upon completion of findings after th e hearing, the
Department shall determine whether to issue or deny the permit, and
shall notify all parties of its decision.
6. Any decision regarding the issuance of a permit under this
section shall be appe alable when entered, as provided in the
Administrative Procedures Act.
I. Each application for a new operation shall contain, where
applicable, a list of all other licenses and permit s needed by the
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applicant to conduct the proposed mining operation. Thi s list shall
identify each license and permit b y:
1. Type of permit or license;
2. Name and address of issuing authority;
3. Identification number or a copy of the application for
permits or licenses or, if issued, a copy of the permit or license;
and
4. If a decision has been made, the date of app roval or
disapproval by each issuing authority.
An existing operation which does not have on file a list of the
applicable licenses or pe rmits with the Department on the date of
enactment of this act shall not be out of compliance with the
provisions of this section. Any renewal of an existing permit or
expansion or amendment to an existing operation upon time of
application shall submit a copy of all approved licenses and permits
issued by other agencies or j urisdictions.
Identifications of all permits an d licenses shall include local
government agencies with jurisdiction over or an interest in the
area of the proposed mining operation inc luding, but not limited to,
planning agencies, water and sewer authoriti es; and all state and
federal government agenci es with authority to issue permits and
licenses applicable to the proposed mining operation, including all
state environmental agencies, U.S. Army Corps of Engineers, U.S.
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Department of Agriculture Natural Res ources Conservation Service
district office, and federal fish and wildlife agencies.
J. An operator desiring to have such operator’s permit amended
to cover additional land may file a n amended application with the
Department. Upon receipt of the amended application, and such
additional bond as may be required under the provisions of the
Mining Lands Reclamation Act, the Department shall issue an
amendment to the original permit coveri ng the additional land
described in the amended application, without the payment of any
additional fee.
K. An operator may withdraw any land covered by a permit,
deleting affected land therefrom, by notifying the Department, in
which case the penalty of t he bond or security filed by such
operator pursuant to the provisions of the Mining Lands Reclamation
Act shall be reduced proportionately.
L. Permits issued to an ope rator may be transferable to another
operator, provided the new operator can demonstrate to the
Department, prior to the transfer of ownership, that conditions and
obligations required for the permit will be met and the new operator
has submitted a perform ance bond or other guarantee, or has obtained
the bond coverage of the original permitte e.
M. The perimeter of the permit area shall be clearly marked by
durable and recognizable markers or by other means a pproved by the
Department.
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N. The Department sha ll determine the blasting distance to
transmission lines by rule.
O. 1. If any mining operations where blasting is required
occur within the limits of a munic ipality with a population in
excess of three hundred thousand (300,000) according to the latest
Federal Decennial Census or within the limits of a municipality
within a county with a p opulation in excess of three hundred
thousand (300,000) according to the latest Federal Decennial Census,
the application for a permit pursuant to subsections C and D o f this
section shall be accompanied by proof that the operator is in full
compliance with all applicable regulations of the municipality.
Certified copies of a ny required municipal permits and any other
required written municipal approvals shall be attach ed to the
application when submitted to the Department. No mining permit
shall be issued by the Department unless the applicant first
complies with the require ments of this subsection. A municipality
is not required to reconsider requests denied by the m unicipality
related to the same site unless the municipality determines there
has been a material change in the application.
2. The provisions of paragraph 1 o f this subsection shall not
apply to existing permitted operations, revisions or amendments
thereto, or any application on file with the Department prior to May
25, 2005. In addition, the provisions of paragraph 1 of this
subsection shall not apply to any future operation on property
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directly adjacent to property on which a permitted operation is
located, provided that the operation is permitted and the adjacent
property is owned or le ased by the operator on the effective date of
this act May 25, 2005. For purposes of this subsection, properties
separated by a public road shall be considered to be a djacent.
P. Within a reasonable time, as established by the Department,
written comments or objectio ns on permit or bond release
applications may be submitted to the Depart ment by public entities
including but not limit ed to the local soil conservation di strict,
with respect to the effects of the proposed mining operations on the
environment.
Q. Any person having an interest in or who is or may be
adversely affected by the decision on a permit or bond release
application, or any federal, state or local ag ency, shall have the
right to request in writing that the Department hold an informal
conference a formal hearing on the application. The Department
shall hold the informal conference hearing within a reasonable time
following the receipt of the written r equest at a location in the
vicinity of the proposed or active surface mining or reclamation
operation.
SECTION 29. AMENDATORY 45 O.S. 2021, Section 725, is
amended to read as follows:
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Section 725. A. All affected land other than lands affected by
coal mining operations shall be reclaimed as provided in this
section.
B. The operator shall determine which parts of the affected
land shall be reclaime d for forest, pasture, crop, horticultural,
homesite, recreational, industrial or o ther use including food,
shelter and ground cover for wildlife.
C. All ridges and peaks of overburden created by surface mining
shall be graded to a rolling topography trav ersable by machines or
equipment customarily us ed in connection with the use to be made of
the land after reclamation, but such slopes need not be reduced to
less than the original grade of the area prior to mining, and the
slope of the ridge of overburden resulting from a box cut need not
be reduced to less than twenty-five degrees (25°) from horizontal.
Surface mining operations conducted in the flood plains of streams
and rivers and subject to periodic flooding shall be exempt from the
grading requirements of this section.
D. The operator may constr uct earth dams to form lakes in pit s
resulting from surface mining operations, provided that the
formation of lakes shall not interfere with other mining operations
or damage property of others.
E. The operator shall cover the exposed face of a mineral se am,
where significant concentration s of acid-forming materials are
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present, to a depth of not less than three (3) feet with earth that
will support plant life or with a permanent water impoundment.
F. The operator shall grade down the banks of any pits or
depressions created by the removal of sand or gravel by surface
mining to a degree of slope determined by the Department of
Environmental Quality, which shall give due consideration to the
natural topography of the land affected and adjacent lands, the
composition of such banks and the mos t beneficial use of the pits
and depressions comprising the affected land after reclamation. If
the pits or depressions are deeper than ten (10) feet, the operator
may elect to bench the highwall, provided t hat such benches are not
in excess of ten (10) f eet in height.
G. All affected land except that which is to be covered with
water or used for homesites or industrial purposes shall be
revegetated by the planting of seeds, plants, trees, shrubs or other
plantings appropriate to the use to be made of the land as
determined by the operator. No planting of any kind shall be
required on any affected land so long as the chemical and physical
characteristics of the soil of such affected land are toxic,
deficient in plant nutrients or composed of sand, gravel, shale or
stone to such an extent as to seriously inhibit plant growth. The
Department may prescribe by rules and regulations the required
density of such plantings, and may make replanting requirements.
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H. Except where prevented by weather conditions, a ll grading
shall be completed within one (1) year after mining of the affected
land has been completed. Initial seeding or planting shall be made
at the first appropriate ti me following completion of grading . If
the operator is unable to acquire sufficie nt planting stock of
desired species from state nurseries, or acquire such species
elsewhere at comparable prices the Department shall grant the
operator an extension of time until planting stock is available to
plant such land as originally planned.
I. In any noncoal mining operation where the type and amount of
material removed precludes the filling of the quarry, the Department
of Mines shall prescribe necessary measures f or the protection of
the public and animal life.
SECTION 30. AMENDATORY 45 O.S. 2021, Section 727, is
amended to read as follows:
Section 727. The Department of Environmental Quality, or its
accredited representatives, may enter u pon the lands of the operator
at all reasonable times, for the purpose of inspecti on, to determine
whether the provisions of this act have been complied with.
SECTION 31. AMENDATORY 45 O.S. 2021, Section 728, is
amended to read as follows:
Section 728. A. Any bond required t o be filed with the
Department of Environmental Quality by the operator shall be in such
form as the Division Director of the Division of Mines within t he
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Department prescribes, payable to the State of Oklahom a, conditioned
that the operator shall faithful ly perform all requirement s of the
Mining Lands Reclamation Act and comply with all rules of the
Department made in accordance with the provisions of the Mining
Lands Reclamation Act. Such bond shall be signe d by the operator as
principal, and by a good a nd sufficient corporate su rety, licensed
to do business in the state, as surety.
B. The penal sum of such bond shall be determined by the
Department and shall depend on the performance requirements of the
approved permit. The minimum bond shall be Two Th ousand Dollars
($2,000.00).
In determining the amount of the bond, the Department shall take
into consideration the character and nature of the overburden, the
future suitable use of the land involved and the cost of reclamation
to be required.
C. A bond shall not be cancelable by the surety except after
not less than ninety (90) days’ prior written notice to the
Department. Bonds may be continued in effect from year to year, and
a new bond need not be provid ed for each permit application. A
single bond may cover all of the opera tor’s mining operations in the
state. The penalty of the bond or amount of cash and securities, as
provided in subsection E of this section, shall be increased or
reduced from time to time as provided in the Mining Lands
Reclamation Act.
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D. If the license to do business in the state of any surety
upon a bond filed with the Department pursuant to the Mining Lands
Reclamation Act shall be suspended or revoked, the operator, within
thirty (30) days after receiving notice from the De partment, shall
substitute for such surety a good and sufficient corporate surety
licensed to do business in the state. Upon failure of the operator
to make substitution of surety as required, the Department shall
have the right to suspend the permit of t he operator to conduct
operations upon the land described in such permit until such
substitution has been made.
E. In lieu of such bond, the operator may deposit cash
government securities, Certificates of De posit or an irrevocable
letter of credit with t he Department in an amount equal to that of
the required bond on conditions as prescribed by the Department. In
the discretion of the Department surety bond requirements may also
be fulfilled by using existin g reclaimed areas, in excess of
cumulative permit or mined acres, that ha ve been completed under the
jurisdiction of the Mining Lands Reclamation Act and approved by the
Department.
F. Such bond or security shall remain in effect until the mined
acres have been reclaimed, approved and released by the Department.
If the Department determines that grading has been satisfactorily
completed pursuant to the Mining Lands Reclamation Act, the
Department may release up to eighty percent (80%) of the penal sum
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of the bond filed for each acre of land graded. T he remaining
portion of the bond shall continue in effect until the completion of
the requirements pursuant to Section 725 of this title.
SECTION 32. AMENDATORY 45 O.S. 2021, Section 7 29, is
amended to read as follows:
Section 729. The Department of Mines Environmental Quality
shall notify the operator and the surety in writing of any claimed
violation of the provisions of the Mining Lands Reclamation Act or
the rules of the Department. If the alleged violation is discovered
as a result of a citizen complaint and th e person claiming the
violation states in writing the desire that the source of the
complaint be kept confidential, the Department shall maintain such
information in confidence. If the operator denies the alleged
violation, the Department shall hold a hea ring on said charges.
Said hearing shall be held not less than thirty (30) days from the
notice of hearing.
At such hearing the operator shall have the right to present
evidence in opposition to the claimed violation.
If upon such hearing the Department s hall determine that a
violation has occurred, the Department shall make detailed findings
of fact and conclusions of law . The surety, if applicable, may
perform for the operator.
If the operator or surety, if applicable , fails to perform the
corrective work required by the Department or fails to properly
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perform said work, the Department may initiate permit revocation
and/or bond forfeiture proceedings. After successful collection of
the security required by Section 728 of this title, the Department
shall contract for the work to be done consistent with all state
requirements. The Department shall not issue any permits to an
operator who has failed to perform such corrective work, or has
defaulted with respect to the bo nd or other security required by
Section 728 of this title, until such obligations are met by the
operator or his surety or agent, as determined by the Department.
If the Department determines t hat an entity or individual has
mined without a permit in viol ation of Section 724 of this title,
the Department shall assess a fine of up to Ten Thousand Dollars
($10,000.00) against the entity, individuals, or agents of said
entity. Any agent is jointly and severally liable with its
principal for such violation an d any resulting fines.
The Department may pursue civil action for relief, including a
permanent or temporary injunction, restraining order, or any other
appropriate order in the district court f or the district in which
the illegal mining operation is locat ed, in which the entity,
individuals, or agents of said entity, have their principal offices,
or in Oklahoma County, to enforce any Department action against the
entity, individual, or agents. Further, the Department shall be
entitled to recover penalties or fines assessed for mining withou t a
permit from the entity, individuals or agents conducting said mining
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in violation of this title. The Department shall also be entitled
to reasonable attorneys fees incurred in enforcing this provision.
All monies collected pursuant to this section sh all be deposited in
the Department of Mines Environmental Quality Revolving Fund.
In order to fully inform affected surface owners who have filed
a complaint of any alleged violations affecting the surface estate
by an operator, the Department shall:
1. Provide by mail to the affected surface owners who have
filed a complaint, a copy of any alleged violations affecting the
surface estate issued to the operator within five (5 ) days after
such violation is cited;
2. Notify the surface owners who have filed a complaint of any
hearings in connection to alleged violations affecting the surface
estate in the same manner and at the same time as the operator; and
3. Provide surface owners who have filed a complaint with
complete information on the disposition of all violations affecting
the surface estate cited at the same time the operator is notified.
SECTION 33. AMENDATORY 45 O.S. 2021, Section 731, is
amended to read as follows:
Section 731. The operator shall submit to the Department of
Environmental Quality, no later than September 1 following the end
of each permit year, a map in a form approved by the Department
showing the location of the pit or pit s by section, township, range
and county, with such other description as will ident ify the land
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which the operator has affected by mining during such permit year
and has completed mining operations thereon, with a legend upon such
map showing the number of acres of affected land. Such map sha ll
also show in acres the extent of the recla mation accomplished on the
affected land, including grading and revegetation efforts, as of the
end of the permit year, and shall show by appropriate designation
any deviation from the plan of reclamation filed under subsection
(c) of Section 724 of this t itle and the reasons therefor.
Whenever an operator shall have completed all requirements under
the provisions of this act as to any affected land, he shall notify
the Department thereof. If the Department dete rmines that the
operator has completed reclam ation requirements and achieved results
appropriate to the use for which the area was reclaimed, the
Department shall release the operator from further obligations
regarding such affected land and the penalty of the bond shall be
reduced proportionately.
SECTION 34. AMENDATORY 45 O.S. 2021, Section 732, is
amended to read as follows:
Section 732. In addition to the duties and powers conferred on
the Department of Environmental Quali ty in other provisions of this
act, the Department shall have authority and power to:
(a) 1. Adopt and promulgate reasonable rules and regulations
respecting the administration of this act and in conformity
therewith and the Administrative Procedures Act .;
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(b) 2. Order, after hearing, the revocation of any permit
issued hereunder for violation of this act.;
(c) 3. Cause to be instituted, in any court of competent
jurisdiction, legal proceedings for injunctive or other ap propriate
relief to enforce this act .;
(d) 4. Make investigations and inspections w hich are necessary
or appropriate to insure compliance with this act.;
(e) 5. Collect and disseminate information relating to
reclamation of affected lands .; and
(f) 6. Request the assistance of any federal or state agenc y
for technical advice or any oth er type of assistance deemed
necessary to carry out the purposes of this act .
SECTION 35. AMENDATORY 45 O.S. 2021, Section 733, is
amended to read as follows:
Section 733. At the request of the De partment of Environmental
Quality, the Attorney General shall provide such legal assistance as
may be needed in interpreting, enforcing and carrying out the
provisions of this act including but not limited to institution of
and prosecuting legal actions an d proceedings for injunctive relie f
and this improvement shall include the provisions of Section 17
hereof 737 of this title.
SECTION 36. AMENDATORY 45 O.S. 2021, Section 734, is
amended to read as follows:
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Section 734. Any act authorized to be done by the Departm ent of
Environmental Quality related to mining may be performed by the
Chief Mine Inspector Division Director of the Division of Mines , or
an assistant designated by him or her.
SECTION 37. AMENDATORY 45 O.S. 2021, Section 735, is
amended to read as follows:
Section 735. The Department of Environmental Quality is
designated as the agency to make safety inspections in sand, sand
and gravel, and in quarrying operations. Any person required by
this act to have a permit who engages in mining without a valid
permit therefor issued pursuant to this act is guilty of a
misdemeanor, and on conviction thereof shall be fined not less than
Fifty Dollars ($50.00) nor more than One Thousand Dollars
($1,000.00). Each day of operation without the permit required by
this act shall be deemed a separate violation.
SECTION 38. AMENDATORY 45 O.S. 2021, Section 738, is
amended to read as follows:
Section 738. All final decisions and orders of the Department
of Environmental Qua lity shall be subject to judicial review of the
acts of administrative agencies.
SECTION 39. AMENDATORY 45 O.S. 2021, Section 742.1, is
amended to read as follows:
Section 742.1. This act shall be known and may be cited as the
“Coal Reclamation Act of 1979”.
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It is the intent of the Oklahoma Legislature that the Coal
Reclamation Act of 1978, Sections 742 742.1 et seq. of Title 45 of
the Oklahoma Statutes this title, and this Coal Reclamation Act o f
1979, be read together as the law regulating the reclamation of
lands affected by surface coal mining operations and the surface
effects of underground coal mining, to bring Oklahoma into
compliance with Public Law 95-87, the “Surface Mining Control and
Reclamation Act of 1977 ”.
The provisions of the Mining Lands Reclamation Act, Sections 721
through 728 738 of Title 45 of the Oklahoma Statutes this title,
shall not apply to surface coal mining operations or the surface
effects of underground coal mining operations.
The Oklahoma Legislature finds and declares that coal mining
operations presently contribute significantly to the nation ’s energy
requirements, that Oklahoma ’s coal production is part of those
energy requirements, and that the cooperative effor t established by
this act is necessary to prevent or mitigate adverse environmental
effects of all surface mining operations.
It is the purpose of this act to protect th e rights of surface
owners and the envir onment, and to require reclamation of lands
affected by surface and underground coa l mining in a manner
compatible with the social, environmental and aesthetic needs of
this state. If reclamation is not feasible, su rface mining
operations should not be co nducted. It is the intent of the
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Legislature to insure the existence of an expandi ng and economically
healthy coal mining industry and that there be public participation
in the development of rules and regulations a ppropriate to the State
of Oklahoma and that the Department of Mines Environmental Quality
exercise the full reach of its p owers to insure the protection of
the public interest through the effective control of surface mining
operations.
SECTION 40. AMENDATORY 45 O.S. 202 1, Section 742.2, is
amended to read as follows :
Section 742.2. As used in this act:
1. “Acid drainage” means water with a pH of less than 6.0
Standard Units and in which total acidity exceeds total alkalinity,
discharged from active, inactive, or abando ned mines and from areas
affected by surface coal mining and reclamation operations .;
2. “Acid-forming materials” means earth materials that contain
sulfide minerals or other materials which, if exposed to air, water,
or weathering processes, will result in the formation of acids that
may create acid drainage.;
3. “Adjacent area” means land located outside the affected
area, permit area, or mine plan area, depending on the context in
which “adjacent area” is used, where air, surface or ground water,
fish, wildlife, vegetation or other resources protected by this act
may be adversely imp acted by surface coal mining and reclamation
operations.;
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4. “Affected area” means, with respect to surface mining
activities, any land or water upon or in which those acti vities are
conducted or located. With res pect to underground mining
activities, “affected area” means any water or surface land upon or
in which those activities are conducted or located, and land or
water which is located above underground mine workings .;
5. “Approximate original contour ” means that surface
configuration achieved by b ackfilling and grading of the mined areas
so that the reclaimed area, including any terracing or access roads,
closely resembles the general surface configuration of the lan d
prior to mining and blends into and compl ements the drainage pattern
of the surrounding terrain, with all highwalls, spoil piles and coal
refuse piles eliminated. Water impoundments may be permitted where
the regulatory authority determines that they ar e in compliance with
Section 745.18 of this title and applicable rules and regulati ons.;
6. “Aquifer” means a zone, stratum, or group of strata confined
or unconfined, including perched conditions, that can store and
transmit water in sufficient quantitie s for a specific use .;
7. “Auger mining” means a method of mining coal at a cliff or
highwall by drilling holes laterally into an exposed coal seam from
the highwall and transporting the coal along an auger bit to the
surface.;
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8. “Box cut” means the first open cut in strip mining which
results in the placing of overburden on unmined l and adjacent to the
initial pit and outside the area to be mined.;
9. “Coal exploration” means the gathering of surface or
subsurface geologic, physical, or chemical data b y mapping,
trenching, drilling, geophysical or other techniques necessary to
determine the quality and quantity of overburden and coal of an area
and the gathering of environmental data to establish the conditions
of the area beginning before surface coal mining and reclamation
operations.;
10. “Coal processing plant” means a collection of facilities
where run-of-the-mine coal is prepared for market by chemical or
physical processing, and separated from its impurities. The
processing plant may consist of, but not be limited to, the
following support facilities: loading facilities; stor age and
stockpile facilities; shed, shops and other buildings; water
treatment and water storage facilities; settling basins and
impoundments; coal processing and other wast e disposal areas; roads,
railroads and other tr ansport facilities; and utilities .;
11. “Consolidated material” means material of sufficient
hardness or ability to resist weathering and to inhibit erosion or
sloughing.;
12. “Department” means the office of the Chief Mine Inspector
Department of Environmental Quality and the Division of Mines within
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the Department, including all employees, agents, deputies, and
representatives of the Department, herein called the Department of
Mines and Mining, or such department, bureau or commission as may
lawfully succeed to the powers and duties of su ch department, having
primary responsibility for administering all titles of the Surface
Mining Law.;
13. “Director” means the Chief Mine Inspector of the State of
Oklahoma or such officer, bureau or commission as may l awfully
succeed to the powers and du ties of such Chief Mine Inspector or
such employee, agent, deputy or representative of the Chief Mine
Inspector as shall be designated by the Chief Mine Inspector to
perform any actions required by this act .;
14. “Disturbed area” means an area where veget ation, topsoil,
or overburden is removed by surface coal mining operations or upon
which topsoil, spoil, coal processing waste or noncoal waste is
placed. Those areas are “disturbed” until reclamation of those
areas is complete and the bond or other assur ance of performance is
released.;
15. “Diversion” means a channel, embankment, or other manmade
structure constructed for the purpose of diverting the flow of water
from one area to another:
a. Permanent diversion means a diversion remaining after
surface coal mining and reclamation are completed and
which has been approved for retention by the
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Department and other appropriate state and federal
agencies,
b. Temporary diversion means a diversion which is used
during coal exploration or surface coal mining a nd
reclamation operations, and not approved by the
Department to remain after reclamation as part of the
approved postmining land use .;
16. “Ephemeral stream” means a stream which flows only in
direct response to precip itation in the immediate watershed o r in
response to the melting of snow and ice, and which has a channel
bottom that is always above the local water table .;
17. “Ground water” means subsurface water that fil ls available
openings in rock or soil materials such that they may be considered
water-saturated.;
18. “Head-of-hollow fill” means a fill structure consisting of
any material, other than coal processing waste and organic material,
placed in the uppermost reaches of a hollow where side slopes of the
existing hollow measured at the steepe st point are greater than
twenty (20) degrees or the average slope of the profile of the
hollow from the toe of the fill to the top of the fill is greater
than ten (10) degrees. In fills with less than two hundred fifty
thousand (250,000) cubic yards of m aterial, associated with contour
mining, the top surface of the fill will be at the elevation of the
coal seam. In all other head -of-hollow fills, the top surface of
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the fill, when completed, is at approximately the sam e elevation as
the adjacent ridge li ne, and no significant area of natural drainage
occurs above the fill draining into the fill area .;
19. “Highwall” means the face of exposed overburden and coal in
an open cut of a surface or for entry to an underground coal mine.;
20. “Hydrologic balance” means the relationship between the
quality and quantity of inflow to, outflow from and storage in a
hydrologic unit such as a drainage basin, aquifer, soil zone, lake,
or reservoir. It encompasses the quantity and qu ality relationships
between precipitation, runoff, evaporation, and the change in ground
and surface water storage.;
21. “Hydrologic regime” means the entire state of water
movement in a given area. It is a function of the climate, and
includes the phenomena by which water first occurs as atmospheric
water vapor, passes into a liquid or solid form and falls as
precipitation, moves along or into the ground surface, and returns
to the atmosphere as vapor by mea ns of evaporation and
transpiration.;
22. “Imminent danger to the health and safet y of the public”
means the existence of any condition or practice, or any violation
of a permit or other requirements of this act in a surface coal
mining and reclamation op eration, which condition, practice, or
violation could reasonably be expected to ca use substantial physical
harm to persons outside the permit area before such condition,
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practice, or violation can be abated. A reasonable expectation of
death or serious injury before abatement exists if a rational
person, subjected to the same condition or practice giving rise to
the peril, would not expose oneself to the danger during the time
necessary for abatement .;
23. “Impoundment” means a closed basin, naturally fo rmed or
artificially built, which is dammed or excavated for the retention
of water, sediment, or waste.;
24. “In situ processes” means activities conducted on the
surface or underground in connection with in -place distillation,
retorting, leaching, or ot her chemical or physical processing of
coal, to include, but not be limited to, in situ gasification, in
situ leaching, slurry mining, solution mining, bore hole mining and
fluid recovery mining .;
25. “Intermittent stream” means a stream or reach of a str eam
that drains a watershed of at least one (1) square mile, or a stream
or reach of a stream that is below the local water table for at
least some part of the year, and obtains its flow from both surface
runoff and ground water discharge .;
26. “Operator” means any person, partnership, firm or
corporation engaged in coal mining who remo ves or intends to remove
more than two hundred fifty (250) tons from the earth within twelve
(12) consecutive months in any one location .;
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27. “Other minerals” means clay, stone, sand, gravel,
metalliferous and nonmetal liferous ores, and any other solid
material or substances of commercial value excavated in solid form
from natural deposits on or in the earth, exclusive of coal and
those minerals which occur naturally in liq uid or gaseous form.;
28. “Overburden” means all of the earth and other materials,
excluding topsoil, which lie above natural deposits of coal and
other minerals, and also means such earth and other materials
disturbed from their natural state in the proc ess of surface
mining.;
29. “Peak” means an upward projecting point of overburden
created in the surface mining process.;
30. “Perennial stream” means a stream or part of a stream that
flows continuously during all of the calendar year as a result of
groundwater discharge or surface runoff .;
31. “Performance bond” means the indemnity instrument in a sum
certain, supported by a surety’s guarantee, pledge of collateral or
other acceptable contractual guarantee, by which the permit
applicant assures faithf ul performance of all the applicable permit
requirements of this act and the rules a nd regulations promulgated
thereunder.;
32. “Permit” means a permit to conduct surface coal mining and
reclamation operations issued by the Department pursuant to state
law.;
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33. “Permit area” means the area, includin g all natural and
human resources, included within the boundaries specified in a
permit, whether or not the areas will be impacted by surface coal
mining and reclamation operations, which are designated on the
approved maps submitted by the applicant with his permit application
and covered by the performance and reclamation bonds as required.;
34. “Permittee” means a person holding a “permit” to conduct
surface coal mining and reclamation operations issued by the
Department pursuant to state law .;
35. “Pit” means a tract of land from which o verburden or
minerals have been or are being removed in the process of su rface
mining.;
36. “Prime farmland” means lands which meet the criteria of the
Department, which shall prescribe criteria at least as stringent a s
criteria prescribed by the United S tates Secretary of Agriculture on
the basis of such factors as moisture av ailability, temperature
regime, chemical balance, permeability, surface layer composition,
susceptibility to flooding, and erosion characteristic s, and which
historically have been u sed for intensive agricultural purposes.;
37. “Reclamation” means, through the process of backfilling,
regrading, topsoil replacement, reutilization, and revegetation
activities, the bringing back of land to its approx imate original
contours and configura tion, and resulting in an equal or better land
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use category, and shall be c onsistent with the existing surrounding
environment.;
38. “Reference areas” means land units of varying size and
shape identified and maintaine d under appropriate management for th e
purpose of measuring ground cover, productivity and species
diversity that are produced naturally or by crop production methods
approved by the Department. Reference areas must be representative
of geology, soils, slo pe, aspect and vegetation in the per mit area.;
39. “Refuse” means all waste material directly connected with
the production, cleaning or preparation of coal or other minerals
which have been mined by either u nderground or surface mining
method.;
40. “Regulatory authority” means the Department of Mines and
Mining. Environmental Quality;
41. “Ridge” means a lengthened elevation of overburde n created
in the surface mining process .;
42. “Significant, imminent e nvironmental harm to land, air or
water resources” is determined as follows:
a. An environmental harm is any adverse impact on land,
air, or water resources, including but not limited to ,
plant and animal life,
b. An environmental harm is imminent if a con dition,
practice or violation exists which:
(1) is causing such harm or,
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(2) may reasonably be expected to cause such harm at
any time before the end of the reasonable
abatement time that would be set under Section
775 of this title,
c. An environmental harm is significant if that harm is
appreciable and not immediately reparable .;
43. “Slope” means average inclination of a surface, measured
from the horizontal; normally expressed as a un it of vertical
distance to a given number of units of horizontal dist ance (e.g.,
one unit vertical (1v) to five unit s horizontal (5h) = 11.3
degrees).;
44. “Soil horizons” means contrasting layers of soil lying one
below the other, parallel or near paralle l to the land surface.
Soil horizons are differentiated on the bas is of field
characteristics and laboratory data . The three (3) major soil
horizons are:
a. “A horizon”. The uppermost layer in the soil profile
often called the surface soil. It is the p art of the
soil in which organic matter is most abundant and
where leaching of soluble or suspended particles is
the greatest,
b. “B horizon”. The layer immediately beneath the A
horizon and often called the subsoil. This middle
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layer commonly contains m ore clay, iron or aluminum
than the A or C horizons, and
c. “C horizon”. The deepest layer of the soil profile.
It consists of loose material or weat hered rock that
is relatively unaffected by biologic activity.;
45. “Spoil” means displaced overburden .;
46. “Strip mining” means those mining operations carried out by
removing the overburden lying above natural depo sits of coal and
other minerals, and mining directly from such natural deposits
thereby exposed, but excludes auger mining, quarrying, dredging,
pumping or the use of hydraulic methods .;
47. “Substantially disturb” means, for purposes of coal
exploration, to significantly impact upon land, a ir or water
resources by such activities as blasting, mechanical excavation of
land, drilling or altering co al or water exploratory holes or wells,
construction or creation of roads and other access routes, and the
placement of structures, excavated earth or other debris upon the
surface of land.;
48. “Surface coal mining and reclamation operations ” means
surface mining operations and all activities necessary and incident
to the reclamation of such operations .;
49. “Surface coal mining operations ” means:
a. Activities conducted on the surface of lands in
connection with a surface coal mine or surface
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operations and surface impacts incident to an
underground coal mine. Such activities include
excavation for the purpose of obtaining coal,
including such common methods as contour, strip,
auger, mountaintop removal, box cut, open pit, and
area mining, the uses of exp losives and blasting, in
situ distillation or retorting, leach ing or other
chemical or physical processing, a nd the cleaning,
concentrating, or ot her processing or preparation,
loading of coal at or near the mine site. Such
activities do not include the e xtraction of coal
incidental to the extraction of other minera ls where
coal does not exceed sixteen and two -thirds percent
(16 2/3%) of the tonnag e of minerals removed for the
purposes of commercial use or sale or coal
exploration, subject to Section 745.1 1 of this title,
and
b. The areas upon which such activities o ccur or where
such activities disturb the natur al land surface.
Such areas shall also include any adjacent land, the
use of which is incidental to any such activities, all
lands affected by the construction of new roads or
improvement or use of existing r oads to gain access to
the site of such activit ies and for haulage and
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excavations, workings, impoundments, dams, ventilation
shafts, entryways, refuse banks, dumps, stockpiles,
overburden piles, spoil banks, culm banks, tailings,
holes or depressions, rep air areas, storage areas,
processing areas, shi pping areas and other areas upon
which are sited structures, facilities, or other
property or materials on the surface, resulting from
or incident to such activities.;
50. “Surface water” means water, either flowing or standing, on
the surface of the eart h.;
51. “Topsoil” means the “A” soil horizon, which is the
uppermost layer of the three (3) major soil horizons .;
52. “Underground mining activities ” means a combination of:
a. Surface operations incident to underground extraction
of coal or in situ proc essing, such as construction,
use, maintenance, and reclamation of roads, above-
ground repair areas, storage areas, processing areas,
shipping areas, areas upon which are sited support
facilities including hoi st and ventilating ducts,
areas utilized for th e disposal and storage of waste,
and areas on which materials incident to underground
mining operations are placed, and
b. Underground operations such as underground
construction, operation, and reclamation of shafts,
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adits, underground support facilities, in situ
processing, and underground mining, hauling, storage,
and blasting, and
c. The areas in which activities enumerated above occur
or where such activities disturb the natural land
surface.;
53. “Unwarranted failure to comply ” means the failure of a
permittee to prevent the occurrence of any violation of his permit
or any requirement of this act due to indifference, lack of
diligence, or lack of r easonable care, or the failure to abate any
violation of such permit or the act due to indifference, lack of
diligence, or lack of reasonable care.; and
54. “Water table” means the upper surface of a zone of
saturation, where the body of ground water is not co nfined by an
overlying impermeable zone.
SECTION 41. AMENDATORY 45 O.S . 2021, Section 745.1, is
amended to read as follows:
Section 745.1. A. It shall be unlawful for any operator to
engage in any mining operations in this state without first
obtaining from the Department of Environmental Quality a permit to
do so for each separate mining operation. The Department shall
determine what constitutes a separate mining operation by rules and
regulations promulgated under the Coal Reclamation Act of 1979.
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B. Any operator desiring to enga ge in surface mining eight ( 8)
months after the approval of Oklahoma ’s regulatory program by the
United States Secretary of the Interior shall make written
application to the Department for a permit within two (2) months
after the approval of the state pro gram. Before the approval o f the
Oklahoma program by the Secretary of the Interior , the requirements
of the Coal Reclamation Act of 1978 shall continue to apply to all
permits for coal mining covered by the Coal Reclamation Act of 1979.
Application for such permit shall be made upon a form furnished by
the Department, which form shall require all pertinent information
including, but not limited to, all information required by federal
law and regulations.
C. Any operator desiring to engage in underground m ining shall
make written application to the Department for a permit within two
(2) months after approval of the state program. Application for
such permit shall be made upon a form furnished by the Department,
which form shall require all pertinent inform ation including, but
not limited to, all information required by federal law and
regulations for underground coal mining, taking into account the
distinct differences between surface coal mining and underground
coal mining.
D. Each application for a permi t under subsections B and C of
this section shall be accompanied by a plan for the reclamation of
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the affected land that meets the requirements of the Coal
Reclamation Act of 1979.
E. Each application for a permit or permit renewal under
subsections B and C of this section shall be accompanied by a fee of
Five Hundred Dollars ($500.00) for each permit year, payable at the
rate of Five Hundred Dollars ($500.00) per year on the anniversary
date of the year in which the permit or permit renewal was issued.
Such fee shall be deposited in the Department of Mines Environmental
Quality Revolving Fund and used to offset the cost of reviewing,
administering and enforcing such permit issued pursuant to a state
or federal program. Once mining operations have permanent ly
terminated, no further permit fee shall be r equired of the operator.
F. The provisions of the Coal Reclamation Act of 1979 shall not
apply to the extraction of coal by a landowner for his own
noncommercial use from land owned or leased by him, or the
extraction of coal as an incidental part of fede ral, state or local
government-financed highway or other construction under regulations
established by the Department.
SECTION 42. AMENDATORY 45 O.S. 2021, Section 753, is
amended to read as follows:
Section 753. A. The operator shall insure ensure that
explosives are used only in accordance with existing state and
federal law and the regulations promulgated by the Department of
Environmental Quality , which shall require:
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1. Adequate advance written notice to local governments an d
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 o ne-half
(1/2) mile of the propose d 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 bl asts, 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 t he 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, a nd change in the course, channel, or
availability of ground or surface water out side the permit area;
4. All blasting operations be conducted by trained and
competent persons as c ertified 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
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Department and a copy to the resident or owner ma king the request.
The area of the survey shall be decided by the Department; an d
6. For the purposes of this section:
a. for blasting operations using electronic -blasting
detonators, a “loaded hole” is defined as one that
contains explosives or blasting agents with a primer
where the hole has been st emmed and has a short length
of connecting wire sticking out but does not have a
firing device connected,
b. for blasting operations not using electronic
detonators, a hole with explosives and a blasting cap
is considered a “loaded and charged hole ”,
c. for blasting operations using elect ronic-blasting
detonators, a “charged hole” is defined as one that
contains explosives or blasting agents with a primer
where the hole has been tamped with a short length of
connecting device sticking out and it does have a
firing device connected,
d. “blasting site” is defined as the area within fifty
(50) feet, or any alternative distance provided in the
blasting plan of the approved permit on file, of any
holes loaded with ex plosives, blasting agents or
detonators, and
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e. “blasting area” is defined as the area where flying
rock may be considered dangerous, which shall be
determined by the certified blaster.
B. Rules and procedures for the use of explosives are as
follows:
1. Persons who use explosives, blasting agents or det onators
shall be certified by the Oklahoma Mining Commission Department.
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 pers ons;
2. Blasting operations shall be under the di rect 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 elec tronic 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 equip ment
specified by the manu facturer. Unless aut horized 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;
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6. Only wooden or other nonspa rking devices shall be used t o
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 directl y on primer cartridges;
9. During the loading of holes, only the work activ ities
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 oper ation will be permitted in the
blasting area;
11. Unused explosives and det onators 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 barr icaded and posted or flagg ed 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;
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14. Enclosed blasting shelters constructed of strong materials
shall be provided to protect all persons endangered by fly ing rock
from blasting;
15. When safety fuse h as been used, persons shall n ot 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 m ust 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 rep orted to the proper superviso r 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 b efore tests have been made to insure
ensure that the heat has been dissipate d 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 i s danger of
intersecting a charge or misfir ed hole;
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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 loca tions 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 pu rpose;
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 b e 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 bef ore the primer and the entire
charge are securely in place;
31. Electric detonators of different brands shall not be used
in the same round;
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32. Electric detonators shall remain shunted until they are
being wired into the blasting circuit. Lead lines an d 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 acros s
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 immediate ly 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 up on the approach of an electrical
storm;
38. Safety switches and blasting sw itches 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 shal l not be
connected to the blasting switch until the shot is ready to be
fired;
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40. The key to a blasting switch shall be entrusted only to the
person designated to fire blasts;
41. Electric circuits from the bla sting 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 ang les to the trunklines;
48. Delay connector s for firing detonating-cord shall be
treated and handled with the same safety precautions as blasting
caps and electric detonators; and
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49. Detonating-cord shall not be kinked, b ent or otherwise
handled in such a manner that the train of detonation may b e
interrupted.
SECTION 43. AMENDATORY 45 O.S. 2021, Section 767, is
amended to read as follows:
Section 767. No employee of the Department of Mines
Environmental Quality or any other state employee per forming any
function or duty under this act shall be directly or indirectly
interested in any mining operation, or any contract for purchas e of
any property or construction or any work for any mining operation .
Any person who knowingly violates the provis ion of this section
shall be guilty of a misdemeanor and, upon conviction shall be
punished by incarceration for a period not to exceed one (1) year or
a fine not to exceed Five Thousand Dollars ($5,000.00), o r both.
SECTION 44. AMENDATORY 45 O.S. 2021, Sectio n 768, is
amended to read as follows:
Section 768. A. Any person who is or may be adversely affected
by a surface mining operation may notify the Chief Mine Inspector
Division Director of the Division of Mines within the Depa rtment of
Environmental Quality or any representative of the Chief Mine
Inspector Division Director responsible for conducting the
inspection, in writing, of any violation of this act which he has
reason to believe exists at the surface mining site. If the person
who is or may be adv ersely affected by surface mining operations
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states in such writing that he des ires the source of the complaint
or writing kept confidential, the Department shall maintain such
information in confidence. The Chief Mine Inspector Division
Director shall, by regulation, establish procedures for informal
review of any refusal by a representative of the Chief Mine
Inspector Division Director to issue a citation with respect to any
such alleged violation. The Chief Mine Inspector Division Director
shall furnish such persons requesting the review a written statement
of the reasons for the Chief Mine Inspector ’s Division Director’s
final disposition of the case.
B. The Chief Mine Inspector Division Director shall also, by
regulation, establish procedures to ensu re that adequate and
complete inspections are made. Any such person may notify the Chief
Mine Inspector Division Director of any failure to make such
inspections, after which the Chief Mine Inspector Division Director
shall determine whether adequate and complete inspections have been
made. The Chief Mine Inspector Division Director shall furnish such
persons a written statement of the reasons for the Chief Mine
Inspector’s Division Director’s determination that adequate and
complete inspections have or have not been conducted.
SECTION 45. AMENDATORY 45 O.S. 2021, Se ction 769, is
amended to read as follows:
Section 769. A. In the enforcement of a state pro gram pursuant
to this act any operator who viol ates any permit condition or who
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violates any other provision of this act may be assessed a civil
penalty by the Department of Environmental Quality except that if
such violation leads to the issuance of a ces sation order under this
act, the civil penalty shall be assessed. Such penalty shall not
exceed Five Thousand Dollars ($5,000.00) for each violation. Each
day of continuing violation may be deemed a separate violati on for
purposes of penalty assessments. In determining the amount of the
penalty, consideration shall be given to the operator’s history of
previous violations at the particular surface coal mining operation;
the seriousness of the violation, including an y irreparable harm to
the environment and any hazard to the health or safety of the
public; whether the permittee was negligent; and the demonstrated
good faith of the permittee charged in attempting to achieve rapid
compliance after notification of the vi olation.
B. A civil penalty shall be as sessed by the Department only
after the person charged with a violation de scribed under subsection
A of this section has been given an opportunity for a public
hearing. Where such a public hearing has been held, the Chief Mine
Inspector Division Director of the Division of Mines within the
Department shall make findings of fact , and he or she shall issue a
written decision as to the occurrence of the violation and the
amount of the penalty which is warranted, incorporating, when
appropriate, an order there in requiring that the penalty be paid.
When appropriate, the Chief Mine Inspector Division Director shall
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consolidate such hearings with other proceedings under this act.
Any hearing under this section shall be of record. Where the person
charged with such a violation fails to avail himself of the
opportunity for a public hea ring, a civil penalty shall be assessed
by the Chief Mine Inspector Division Director after the Chief Mine
Inspector Division Director has determined that a violation did
occur, and the amount of the penalty which is warranted, a nd has
issued an order requ iring that the penalty be paid.
C. Upon the issuance of a notice or order charging that a
violation of this act has occurred, the Department shall inform the
operator within thirty (30) days of the proposed amount of said
penalty. The person charged with the penalty shall then have thirty
(30) days to pay the proposed penalty in full or, if the person
wishes to contest either the amount of the penalty or the fact of
the violation, forward the proposed amount to the Department fo r
placement in an escrow ac count. If through administrative or
judicial review of the proposed penalty, it is determined that no
violation occurred, or that the amount of the penalty should be
reduced, the Department shall within thirty (30) days remit th e
appropriate amount to the person, with interest at the rate of six
percent (6%), or at the prevailing United States Department of the
Treasury rate, whichever is greater. Failure to forward the money
to the Department within thirty (30) days shall resul t in a waiver
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of all legal rights to contest the violation or the amount of the
penalty.
D. Civil penalties owed under this act may be recovered in a
civil action brought by the Attorney General at the reques t of the
Chief Mine Inspector Department of Environmental Quality in any
appropriate district court.
E. Any person who willfully and knowingly violates a condition
of a permit issued pursuant to this act or fails or refuses to
comply with any order issued under this act, or any order
incorporated in a final decision issued by t he Chief Mine Inspector
Department of Environmental Quality under this act except an order
incorporated in a decision issued under subsection B of this
section, shall, upon convictio n, be punished by a fine of not more
than Ten Thousand Dollars ($10,000.00 ) or by imprisonment for not
more than one (1) year, or both.
F. Whenever a corpora te permittee violates a condition of a
permit issued pursuant to this act or fails or refuses to c omply
with any order issued under this act, or any order incorporated in a
final decision issued by the Chief Mine Inspector Department of
Environmental Quality under this act except an order in corporated in
a decision issued under subsection B of this sec tion, any director,
officer or agent of such co rporation who willfully and knowingly
authorized, ordered or carried out such violation, failure or
refusal shall be subject to the same civil pena lties, fines and
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imprisonment that may be imposed upon a perso n under subsections A
and E of this section.
G. Whoever knowingly makes a ny false statement, representation
or certification, or knowingly fails to make any statement,
representation or certifi cation in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this act or any order of or decision issued by the Department
under this act, shall, upon conviction, be punished by a fine of not
more than Ten Thousand Dollars ($10,000.00) or by imprisonment for
not more than one (1) year, or both.
H. Any operator who fails to correct a viol ation for which a
citation has been issued within the period permitted for its
correction shall be assessed a civil penalty of not less than Seven
Hundred Fifty Dollars ($750.00) for each day during which such
failure or violation continues.
The period permitted for corrections of violations shall not end
until:
1. The entry of a final order by the Department after an
expedited hearing, as provided by Section 53 786 of this act title,
which ordered the suspension of the abatement requirements of the
citation because it was determined that the operator will suffer
irreparable loss or damage from the application of the abatement
requirements; or
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2. The entry of an order by a court in a ny review proceedings
initiated by the operator in which the court orders the suspension
of the abatement requirements.
I. Any person who shall, except as permitted by law, willfully
resist, prevent, impede or interfere with the Chief Mine Inspector
Department of Environmental Quality or any of the agents or
employees of the Department in the performance of duties pursuant to
this act shall, upon conviction, be punished by a fine of not more
than Five Thousand Dollars ($5,000.00), or by impris onment for not
more than one (1) year, or both.
SECTION 46. AMENDATORY 45 O.S. 2021, Section 775, is
amended to read as follows:
Section 775. Whenever the Department of Environmental Quality
has reason to believe that any person is in violatio n of any
requirement of this act or any permit condition required by this
act, the Department shall immediately order inspection of the
surface coal mining operation at which the alleged violation is
occurring unless the information available to the Depart ment is a
result of a previous inspection of su ch surface coal mining
operation. When the inspection results from information provided to
the Department by any person, the Department shall notify such
person when the inspection is proposed to be carried o ut and such
person shall be allowed to accompan y the inspector during the
inspection.
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SECTION 47. AMENDATORY 45 O.S. 2021, Section 780, is
amended to read as follows:
Section 780. A. The Attorney General, upon request of the
Department, shall institute proceedings to recover any damages and
expense which the Department may have sustained by reason of the
default of the operator. Such proceedings shall be brought against
the operator and surety either in Oklahoma County or the cou nty in
which the violation occurred.
The Department may request the Attorn ey General to institute a
civil action for relief, including a permanent or temporary
injunction, restraining order or any other appropriate order in the
district court for the distr ict in which the surface coal mining and
reclamation operation is located or in which the permittee thereof
has his principal office, whenever such permittee or his or her
agent:
1. Violates or fails or refuses to comply with any order or
decision issued by the Department under this act;
2. Interferes with, hinders or delays t he Department in
carrying out the provisions of this act;
3. Refuses to admit authorized representatives of the
Department to the mine;
4. Refuses to permit inspection of the mine by authorized
representatives of the Department ;
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5. Refuses to furnish an y information or report requested by
the Department in furtherance of the provisions of this act; or
6. Refuses to permit access to, and copying of, such records as
the Department determines necessary in carrying out the provisi ons
of this act.
B. The court shall have jurisdiction to provide such relief as
may be appropriate. Any relief granted by the court to enforce an
order under paragraph 1 of subsection A this section shall co ntinue
in effect until the completion or final termination of all
proceedings for review of such order under this title, unless the
district court granting such relief sets it aside or modifies it.
SECTION 48. AMENDATORY 45 O.S. 20 21, Section 786, is
amended to read as follows:
Section 786. A. A permittee issued a notice or order by the
Department pursuant to the provisions of this act or any person
having an interest which is or may be adversely affected by such
notice or order or by any modification, vacation or termination of
such notice or order, ma y apply to the Chief Mine Inspector Division
Director of the Division of Mines within the Department of
Environmental Quality for review of the notice or order within
thirty (30) days of receipt thereof or within thirty (30) days of
its modification, vacat ion or termination. Upon receipt of such
application, the Chief Mine Inspector Division Director shall cause
such investigation to be made as it de ems appropriate. Such
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investigation shall provide an opportunity for a public he aring, at
the request of the applicant or the person having an interest which
is or may be adversely affected, to enable the applicant or such
person to present information re lating to the issuance and
continuance of such notice or order or the modificatio n, vacation or
termination thereof. The filing of an application for review under
this subsection shall not operate as a stay of any order or notice.
The permittee and other interested persons shall be given
written notice of the time and place of the hea ring at least five
(5) days prior thereto. Any such hearing shall be of record.
B. Upon receiving the report of such investigation, the Chief
Mine Inspector Division Director shall make findings of fact, and
shall issue a written decision, incorporating therein an order
vacating, affirming, modifying or terminating the notice or order,
or the modification, vacation or termination of such notice or order
complained of and incorporate his findin gs therein. Where the
application for review concerns an order for cessation of surface
coal mining and reclamation operations issued pursuant to the
provisions of this title, the Chief Mine Inspector Division Director
shall issue the written decision within thirty (30) days of the
receipt of the application for revi ew, unless temporary relief has
been granted by the Chief Mine Inspector Division Director pursuant
to this section or by the court.
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C. Pending completion of the investigation and hearing required
by this section, the applicant may file with the Chief Mine
Inspector Division Director a written request that the Chief Mine
Inspector Division Director grant temporary relief from any notice
or order issued together with a detailed statement giving reasons
for granting such relief. The Chief Mine Inspector Division
Director shall issue an order or decision granting or denying such
relief expeditiously. Where the applicant requests relief from an
order for cessation of coal mining and reclamation operations, the
order or decision on such a request shall be issued w ithin five (5)
days of its receipt. The Chief Mine Inspector Division Director may
grant such relief, under such conditions as it may prescribe, if:
1. A hearing has been held in the locality of the permit a rea
on the request for temporary relief in whic h all parties were give n
an opportunity to be heard;
2. The applicant shows that there is substantial likelihood
that the findings of the Chief Mine Inspector Division Director will
be favorable to him; and
3. Such relief will not adversely affect the he alth or safety
of the public or cause significant, imminent environmental harm to
land, air or water resources.
D. Following the issuance of an order to show cause as to why a
permit should not be suspended o r revoked, the Chief Mine Inspector
Division Director shall hold a public hearing after giving written
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notice of the time, place and date. Any such hearing shall be of
record. Within sixty (60) days following the public hearing, the
Chief Mine Inspector Division Director shall issue and furnish to
the permittee and all oth er parties to the hearing a written
decision, and the reasons therefor, c oncerning suspension or
revocation of the permit. If the Chief Mine Inspector Division
Director revokes the permit, the permittee shall immediately cease
surface coal mining operatio ns on the permit area and shall complete
reclamation within a period specified by the Chief Mine Inspector
Division Director, or the Chief Mine Inspector Division Director
shall declare as forfeited the performance bonds for the opera tion.
E. Whenever an order is issued under this section, or as a
result of any administrative proceeding under this act, at the
request of any perso n, a sum equal to the aggregate amount of all
costs and expenses, including attorney fees, as determined by the
Chief Mine Inspector Division Director to have been reasonably
incurred by such person for or in connection with his participation
in such proceedings, including any judicial review of agency
actions, may be assessed against any party or the Departmen t as the
court, resulting from judicial review or the Chief Mine Inspector
Division Director, resulting from administrative proceedings, deems
proper.
SECTION 49. AMENDATORY 45 O.S. 20 21, Section 787, is
amended to read as follows:
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Section 787. Any order or other action of the Department of
Environmental Quality or the Chief Mine Inspector Division Director
of the Division of Mines within the Department shall be appealable
when entered, as provided in Sections Section 318 et seq. of Title
75 of the Oklahoma Statutes.
SECTION 50. AMENDATORY 45 O.S. 2021, Section 852, is
amended to read as follows:
Section 852. The Governor shall be, ex officio, this state ’s
member of the Interstate Mining Compact as establis hed by Article V
of the Compact. Provided, that whenever the Governor shall deem it
advisable to do so, he may appo int an alternate to serve in his
stead and thereafter such alternate shall serve at the pleasu re of
the Governor. An executed counterpart of each letter of appoi ntment
by the Governor shall be filed with the Secretary of the Commission
Department of Environmental Quali ty.
SECTION 51. AMENDATORY 45 O .S. 2021, Section 901, is
amended to read as follows:
Section 901. 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 Dista nces for Storage of E xplosives” published by
the Institute of Makers of Explosives;
3. “ANFO” means ammonium nitrate fuel oil mixtures;
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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 materi al can reasonably be e xpected 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 detona ting 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 exp losives or detonators for short
periods of time in locations at the m ine which are convenient to the
blasting sites at which they will be used;
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12. “Capped fuse” means a length of safety fuse to which a
detonator has been attached;
13. “Capped primer” means a package or cart ridge of explosives
which is specifically design ed to transmit detonation to other
explosives and which contains a detonator;
14. “Certified person” means an individual who has
satisfactorily passed the required State Department of Environmental
Quality 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 Environmental Quality;
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 d elay
electric blasting caps;
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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 ca ble 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 th e 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 roa d or travelway used by the
general public;
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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 occupie d 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 w ith 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 e xplode as planned;
35. “Overburden” means material of any nature, co nsolidated or
unconsolidated, that overlies a deposit of useful materials or ores
that are to be mined;
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36. “Owner” means the owner, lessee, manager, superintendent,
operator or agent, r eceiver 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 overtu rn;
40. “Safety can” means an approved contain er 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 uni form rate.
It is used for firing a cap containi ng the detonating comp ound 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 f rom a face or
highwall;
44. “Secondary safety connection” means a second connection
between a conveyance and rope, intended to prevent the conveyance
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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 a gents in boreholes;
46. “Sprung hole” means a blasting hole chambere d 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 Department;
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;
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51. “Suitable” means that which fits and has the qualiti es 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 plac e 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.
SECTION 52. AMENDATORY 45 O.S. 2021, Section 902, is
amended to read as foll ows:
Section 902. It shall be unlawful for any person in the State
of Oklahoma to act as superintendent, m ine foreman or shot firer
without first having obtained a certificate of comp etency from the
State Mining Board as herein provided for Department of
Environmental Quality pursuant to th is section.
The examination given by the State Mining Board Department to an
applicant for a certificate of competency as superintendent, mine
foreman or shot firer shall include a written or oral or written and
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oral examination to determine that he fully understands the
requirements of the mining laws of Oklahoma.
Each applicant shall hold a first-aid certificate issued to him
within two (2) years previous to the date of the examination by an
organization recognized by t he State Mining Board Department.
Certificates of competency for the positions enumerated shall be
granted to persons who have given the Chief Executive Officer of the
Board Department satisfactory evidence of their ability to perform
the duties of the pos itions applied for and who have obtained the
necessary grades as determined by the Board Department for
respective positions. In determining the grade of each applicant,
due respect shall be given to the applicant ’s previous experience
and record of service which shall have equal weight with the oral or
written examination given to test the practical and techn ical
knowledge of the applicant for the certificate of competency being
sought. Provided, however, successful completion of the course of
instruction provided by the Oklahoma Miner T raining Institute (OMTI)
or other courses of instruction provided by other training
facilities and approved by the Board Department shall be considered
as having met this examination requirement.
SECTION 53. AMENDATORY 45 O.S. 2021, Section 903, is
amended to read as follows:
Section 903. Certifications provided for in this act shall be
issued under the signature and seal of the State Mining Board by the
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Department of Environmental Quality; such certificates shall bear
the date of issuance, full name, age and years of experience of
recipient and shall designate the position for which the recipient
is certified by the Board Department. Provided that all persons
making applications to the State Mining Board Department for
certificates of competenc y as mine superintendent, mine foreman or
shot firer shot-firer shall accompany said application with a fee of
Two Dollars and fifty cents ($2.50) as a fee for such examination
and shall pay an additional fee of Two Doll ars and fifty cents
($2.50) when said certifica te is issued.
SECTION 54. AMENDATORY 45 O.S. 2021, Section 904, is
amended to read as follows:
Section 904. The Secretary of the Board Department of
Environmental Quality shall maintain a record of the names,
addresses and other p ertinent information of all persons to whom
certificates are issued. Certificates of competency, when issu ed as
provided for herein, shall entitle the holders thereof to accept and
discharge the duties for wh ich said certificates declare them
qualified.
SECTION 55. AMENDATORY 45 O.S. 2021, Section 905, is
amended to read as follows:
Section 905. The State Mining Board Department of Environmental
Quality shall have power to revoke any certificates, by it granted,
because of incompetency, intoxication or other sufficient cause,
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provided that any person against whom charges are made shall have
ten (10) days written notice from the Board Department and shall
have opportunity to be heard by it in his or her own behalf.
SECTION 56. AMENDATORY 45 O.S. 2021, Section 906, is
amended to read as follows:
Section 906. The Secretary of the Board Department of
Environmental Quality may, upon the recommendation of at least tw o
(2) other members of the Board, issue a temporary permit to an
applicant for a certificate for mine foreman or shot firer. Said
temporary permit shall be valid only until the next meeting of the
Board or not to exceed for thirty-one (31) days.
SECTION 57. AMENDATORY 45 O.S. 2 021, Section 907, is
amended to read as follows:
Section 907. It shall be the duty of the Department of Mines
Environmental Quality to enter into and examine thoroughly each and
every active strip or surface mine in the state four to six t imes
annually and in response to compliance concerns to see that t he
provisions of this act are observed and strictly carried out. Mines
with resident safety engineers supplying the Department with monthly
self-monitoring reports shall be inspected a mini mum of twice a
year. The Chief Mine Inspector or assistant inspec tors, or both,
Inspectors of the Departmen t may enter, inspect and examine any
strip or surface pit and the works and machinery belonging thereto
at all times, either by night or by day. The owner and the
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employees may each designate a person who shall ac company the
inspector during the state inspection of the mine. After each
inspection the inspector shall make a report in triplicate of the
condition of the mine with recommendations and orders. One copy
shall be placed on file in the office of the Chief Mine Inspector
Division Director of the Division of Mines within the Department ,
one copy shall remain with the inspector, and one copy shall be
given to the operator who shall post it in a conspicuous pla ce
available for public inspection where it can be read and where it
shall remain until the next state inspection report is issued.
Within thirty (30) days after receiving the report of the inspector
in which any important recommendations are made, the ow ner shall
send a report to the Chief Mine Inspector Division Director stating
what steps have been taken to comply with the recommendations.
SECTION 58. AMENDATORY 45 O.S. 2021, Sectio n 911, is
amended to read as follows:
Section 911. A. Rules and procedures for storage of explo sives
shall be as follows:
1. Detonators and other cap -sensitive high explosives shall be
stored in magazines provided for that purpose. Blasting agent s may
be stored in van-type trailers, provided they a re well-ventilated,
kept clean and free of extrane ous material that could create a fire
hazard;
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2. Separate magazines shall be provided for the storage of
detonators and for explosives;
3. Detonators shall not be stored in the same magazine with
explosives or blasting agents;
4. Blasting agents, safety fuse or detonating cord may be
stored with explosives, but blasting agents must be kept physically
separated from the fuse, detonating cord and explosiv es;
5. Magazines shall be:
a. located in accordance with the current American Table
of Distances for Storage of Explosives,
b. detached structures located away from power lines,
fuel storage area and other possible sources of fire,
c. constructed substant ially of noncombustible material
or covered with fire -resistant material,
d. reasonably bullet-resistant,
e. electrically bonded and grounded if constructed of
metal,
f. made of nonsparking materials on the inside, including
floors,
g. provided with adequa te and effectively screened
ventilation openings near the floor and ceiling,
h. kept securely locked wh en unattended,
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i. posted with suitable danger signs so located that a
bullet passing through the face of a sign will not
strike the magazine,
j. used exclusively for storage of blasting agents,
explosives, or detonators and kept free of all
extraneous materials,
k. kept clean and dry in the interior, and in good
repair, and
l. unheated, unless heated in a manner that does not
create a fire or explosion haz ard. Electrical heating
devices shall not be used in side a magazine;
6. Only permissible lights, worn or carried, shall be used
inside magazines;
7. Areas surrounding magazines not less than twenty -five (25)
feet in all directions shall be kept free of rubbish and other
combustibles;
8. Smoking and open flames shall not be permitted within
twenty-five (25) feet of explosives and detonator storage magazines;
9. Cases of explosives shall be stored in such a manner as to
assure the use of the oldest stock first;
10. Ammonium nitrate fuel oil mixtures shall be physically
separated from dynamite stored in t he same magazine and in such a
manner that oil does not contaminate the dynamite; and
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11. Cases of explosives shall not be stored on case ends or
sides nor in stacks over six (6) feet high.
B. Rules and procedures as follows shall be complied with in
the transportation of explosives:
1. Explosives and detonators shall be transported in separate
vehicles unless separated by four (4) inches of hardwood or the
equivalent;
2. Self-propelled vehicles used to transport explosives or
detonators shall be equipp ed with suitable fire extinguishers and
marked with proper warning signs;
3. When vehicles containing explosives or detonators are
parked, the brakes sh all be set, the motive power shut off when not
in use, and if parked on an incline, the vehicle shall b e blocked
securely against rolling;
4. Vehicles containing explosives or detonators shall not be
left unattended except in blasting areas where loading or charging
is in progress;
5. Vehicles containing e xplosives or detonators shall not be
taken to a repair garage or shop for any purpose;
6. Vehicles used to transport explosives or detonators shall be
maintained in good condition and shall be operated at a safe speed
and in accordance with recognized saf e operating practices;
7. Vehicles used to transp ort explosives other than Ammonium
Nitrate Fuel Oil (ANFO) mixtures shall have substantially
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constructed bodies, no sparking metal exposed in the cargo s pace,
and the explosives shall not be piled higher th an the side or end
enclosures;
8. Explosives shall be transported at times and over routes
that endanger a minimum number of persons;
9. Other materials or supplies shall not be placed on or in the
cargo space of a conveyance containing explosives or det onators;
10. No person shall smoke while transpor ting or handling
explosives or detonators;
11. Only the necessary attendants shall ride on or in vehicles
containing explosives or detonators;
12. Explosives shall be transported promptly without undue
delays in transit;
13. Nonconductive containers wit h tight-fitting covers shall be
used to transport or carry capped fuses and electric detonators to
blasting sites; and
14. Substantial nonconductive clo sed containers shall be used
to carry explosives to b lasting sites.
C. Rules and procedures as follows shall be complied with in
the use of explosives, with the exception of persons with a valid
coal permit issued by the Department of Mines Environmental Quality:
1. Persons who use explosives, blasting age nts or detonators
shall be certified by the Oklahoma Mining Commission Department.
Such persons shall understand the hazards involved, and trainees
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shall do such work only under the supervision of and in the
immediate presence of certi fied persons;
2. Blasting operations shall be under the direct contro l 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. Holes to be blasted shal l be charged as near to blasting
time as practical, and such holes shall be blasted as soon as
practical after charging has been completed;
5. No person shall smoke within fifty (50) feet of explosives,
blasting agents or detonators;
6. Explosives and bl asting agents shall be kept separated from
detonators until charging of holes is started;
7. Primers shall be made up at the time of charging and as
close to the blasting site as conditions allow;
8. Only wooden or other nonsparking d evices shall be used to
punch holes in explosives cartridges;
9. Tamping poles shall be blunt and squared at one end and made
of wood or other nonsparking material;
10. No tamping shall be done directly on primer cartridges;
11. Unused explosives and de tonators shall be mo ved to a safe
location as soon as charging operati ons are completed;
12. Approaches to areas in which charged holes are awaiting
firing shall be guarded, or barricaded and posted, or flagged,
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against unauthorized entry. If blasting is done after dark, red
flashing lights shall be used at the approaches to the blasting
area;
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 warni ng 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 materi als
shall be provided to pr otect all persons en dangered 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 misfir ed holes for at leas t fifteen (15) minutes.
Leading wires from the po wer 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 un detonated 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;
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19. Blast holes in hot -hole areas and holes that have been
sprung shall not be charged before tests have been made to insure
ensure 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 mov e 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 b e kinked, bent sharply or handled roughly;
24. Fuses shall be cut and capped in safe, dry locati ons 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 sh all be present when lighting fuses,
and no person shall light more than fifteen individu al fuses. If
more than fifteen holes per person are to be fired, ignit er 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;
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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 blas ting circuit. Lead lines and wired rounds
shall be kept shunte d 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 lin es shall not be strung across
power conductors, pipelines or wi thin 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 shal l be suspended and the persons
withdrawn to a safe location upon the approach of an electrical
storm;
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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 switc hes 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 blast ing 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 s uitable 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 p erformed, trunklines in
multiple-row blasting shall make one or more complete loops with
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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 angle s 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.
D. Rules and procedures as follows shall be complied with in
dealing with sensitized ammonium nitrate blasting agents:
1. When sensitized ammonium nitrate mixtures and blasting
agents are used, the same precautions shall be taken as for high
explosives;
2. Adequate priming shall be employed to guard against
misfires, increased toxic fumes and poor perfor mance;
3. Where pneumatic loading is employed, before any type of
blasting operation using blast ing agents is put into effect, an
evaluation of the potential hazard of static electricity shall be
made. Adequate steps, including the grounding of the condu ctive
parts of pneumatic loading e quipment, shall be taken to eliminate
the hazard of static elec tricity before blasting agent preparation
is commenced;
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4. Pneumatic loading equipment shall not be grounded to water
lines, air lines, rails or other permane nt electrical grounding
systems;
5. Hoses used in connection with pneumatic loading machines
shall be of the semiconductive type having a total resistance low
enough to permit the dissipation of static electricity and high
enough to limit the flow of stra y electric currents to a safe leve l.
Wire-countered hose shall not be used because of the potent ial
hazard from stray electric currents; and
6. Plastic tubes shall not be used to protect pneumatically
loaded blasting agent charges against water unless a positive
grounding system is provi ded to drain electrostatic charges from the
holes.
SECTION 59. AMENDATORY 45 O.S. 2021, Section 918, is
amended to read as follows:
Section 918. The following rules and procedures shall be
complied with in dealing with augering:
1. Planning: before augering is done, advance planning shall
be made to insure ensure that no hazards shall be created affecting
active underground workings. Auger mine workings and holes drilled
shall be located so as to prevent:
(1)
a. interference with the ventilatio n system of any
underground mine, and
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(2)
b. inundation hazards from the surface to active
underground workings;
2. Inspection:
a. at least fifty (50) feet on each side of highwalls
being drilled shall be insp ected for loose material
before drilling or oth er work in the area is begun,
and an inspection shall be made at least once during
each operating shift,
b. when abandoned mines or abandoned parts of active
mines are penetrated by drilling, machinery shall be
stopped and tests shall be made at the colla r of the
hole for explosive gas or oxygen or ox ygen deficiency
by a certified person qualified to use approved
instruments to make such tests. If tests show the
presence of gas or the lack of oxygen, the equi pment
shall not be operated until the condition has been
corrected;
3. Auger holes; persons n ot to enter:
a. no person shall enter an auger hole for any purpose
without having first received permission from a
representative of the Oklahoma Department of Mines
Environmental Quality,
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b. auger machines and other related equipment on which
persons are required to work during drilling
operations shall be protected against falling material
from highwalls by heavy gauge screen or equivalent
material subject to the approval of the mine
inspector. The protec tive screen shall permit workmen
to keep the highwall in view at all times,
c. no work shall be done on the highwall in the vicinity
of drilling equipment while it is in operation;
4. Auger equipment; operat ion:
a. persons shall stay clear of the auger train while it
is in motion, and they shall not pas s over or under
the auger train except where crossing facilities are
provided;,
b. persons must be in the clear while auger sections are
being swung into pos ition,
c. auger operators shall not leave the controls of the
equipment while the auger is operatin g, and
d. when auger operations are performed after dark,
adequate illumination shall be provided;
5. Auger Holes; blocking: auger holes shall be securel y
blocked by spoil or other suitable material b efore they are
abandoned.
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SECTION 60. AMENDATORY 45 O.S. 2021, Section 931, is
amended to read as follows:
Section 931. A. All operators of coal mining operations shall
pay to the Department of Mines Environmental Quality a fee of seven
and one-half cents ($0.075) per ton of coal pr oduced.
B. All operators of noncoal mining operations shall pay to the
Department of Mines a fee of one and one -fourth cents ($0.0125) per
ton of mineral produced. For the purposes of this section,
“mineral” shall be defined as provided in paragraph 4 of Section 723
of this title.
C. The fees imposed by this section shall be paid no later than
thirty (30) days after the end of each calendar quarter beginn ing
the first calendar quarter after June 30, 1 982.
D. The Department shall develop and promulgate a report form,
which shall be as similar as possible to the form required of
operators by federal law, and which shall state the amount of coal
or mineral produced during the calendar quarter, the method of coal
or mineral removal, and the type of coal or m ineral. The operator
shall swear to the ac curacy of the report before a notary public,
who shall duly notarize the report.
E. All fees collected by the D epartment of Mines pursuant to
this section shall be deposited with the State Treasurer, who shall
credit one cent ($0.01) per ton of fees colle cted on coal produced
on or after July 1, 1988, and one -tenth of one cent ($0.001) per ton
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of fees collected on minerals produced on or after July 1, 1988, to
the Oklahoma Miner Training Institute Revolving Fund, with the
balance of the fees collected to b e deposited in the Department of
Mines Environmental Quality Revolving Fund.
SECTION 61. AMENDATORY 45 O.S. 2021, Section 938.1, is
amended to read as follows:
Section 938.1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Miner Training Institute to be
designated the “Oklahoma Miner Training Institute Revol ving Fund”.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall co nsist of all monies designated by Section
931 of this title to be deposited in the fund. All monies accruing
to the credit of said fund are hereby approp riated and may be
budgeted and expended by the Oklahoma Mining Commission Department
of Environmental Quality for the contract with the Board of Regents
of Eastern Oklahoma State College for operation of the Oklahoma
Miner Training Institute and associated expenses. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 62. AMENDATORY 45 O.S. 2021, Sectio n 950, is
amended to read as follows:
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Section 950. A. For purposes of this section, a “subject mine”
shall mean a mine, as defined in paragraph 2 of Section 723 of Ti tle
45 of the Oklahoma Statutes, proposed for a location overlying a
sensitive sole source groundwater basin or subbasin, exclusive of
any mine that meets at least one of the following conditions:
1. As of November 1, 2019, is engaged in the permitted
extraction of minerals from natural deposits ; or
2. Satisfies the criteria of paragraph 1 or 2 of subsection C
of Section 1020.2 of Title 82 of the Oklahoma Statutes; or
3. Is not to be permitted to operate for a period of more than
five (5) years, with no extensions or renewals; or
4. The operation of which will not result in more than five (5)
acre-feet per year of groundwater emanating from a sensitive sole
source groundwater basin or subbasin to infiltrate its pit, as that
term is defined in paragraph 1 2 of Section 723 of Title 45 of the
Oklahoma Statutes this title.
B. Due to the inadequ acy of existing technical resources,
analytic tools and regulatory systems for purposes of the effective
implementation of statutes relating to the operation of mines that
overlies a sensitive sole source grou ndwater basin or subbasin, the
Legislature hereby declares and establishes a moratorium on the
Department of Mines Environmental Quality issuing, in relation to
any location overlying a sensitive sole source groundwater basin or
subbasin or in which groundwater emanating from any sensitive sole
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source groundwater basin or subbasin may collect within a pit , as
defined in paragraph 12 of Section 723 of Title 45 of the Oklahoma
Statutes this title:
1. Any permit, pursuant to Section 724 of Title 45 of the
Oklahoma Statutes, to any subject mine;
2. Any amendment or revision to any existing mining permit,
that covers additional land which shall include extensions of
boundaries shown in the initial permit, pursuant to subsection J of
Section 724 of Title 45 of t he Oklahoma Statutes, if such amendment
or revision would increase the acreage under such permit for that
mine location by more than one hundred percent (100%) or four
hundred (400) acres, whichever is less, as compared to the acreage
under permit for that mine location prior to the effective date of
this act November 1, 2019; provided, however, on or aft er November
1, 2030, there shall be no limitation on an increase in acreage as
specified in this paragraph.
C. Notwithstanding the moratorium, nothing in paragraph 2 of
subsection B of this section sha ll preclude the Department of Mines
from issuing an amendment or revision to cover additional land,
other changes to method or conduct of mining, reclamation operations
contemplated by the original permit or o ther authorization t o allow
a change in mine ownership or to implement bonding under a permit
issued prior to the effective date of this act November 1, 2019, nor
shall any permit amendment or revision issued pursuant to this
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section be deemed to render th e permitted mine a subject mine for
purposes of Title 27A, 45 or 82 of the Oklahoma Statutes.
D. Notwithstanding the moratorium or any other provision of
law, the Department of Mines shall not require a permit for purposes
of road or railroad construction in relation to mining activities by
any mine.
E. The moratorium shall remain in effect until such t ime as:
1. The conditions of subsection C of Section 3 of this act
1020.9c of Title 82 of the Oklahoma Statutes have been satisfied;
and
2. The Department of Mines promulgates final rules to provide
for effective interagency consultation and coordination of
activities among the Department , and the Oklahoma Water Resources
Board and the Department of Environmental Quality on all
administrative matters relat ing to the operation of mines at
locations that overlie a sensitive sole source groundwater basin or
subbasin.
F. The Department of Mines is hereby authorized and instructed
to promulgate rules to implement the provisions of this section.
G. The Department of Mines is hereby authorized to cooperate
with federal, tribal and any other agencies in this state in
performing its responsibilities under this section.
SECTION 63. AMENDATORY 47 O.S. 2021, Section 156, is
amended to read as follows:
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Section 156. A. Unless otherwise pro vided for by law, no state
board, commission, departme nt, institution, official, or employee,
except the following, shall purchase any pa ssenger automobile or bus
with public funds:
1. The Department of Publi c Safety;
2. The Department of Human Services;
3. The State Department of Rehabilitation Services;
4. The Department of Wildlife Conservation;
5. The Department of Corrections;
6. The State Department of Education;
7. The Oklahoma School of Science a nd Mathematics;
8. The Oklahoma State Bureau o f Narcotics and Dangerous Drugs
Control;
9. The Oklahoma State Bureau of Investigation;
10. The Transportation Commission;
11. The Oklahoma Department of Agriculture, Food, and Forestry;
12. The State Department of Health;
13. The Department of Mental Health and Substance Abuse
Services;
14. The J.D. McCarty Center for Children with Developmental
Disabilities;
15. The Military Depart ment of the State of Oklahoma;
16. The Oklahoma Tourism and Recreation Department;
17. The Oklahoma Conservation Comm ission;
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18. The Oklahoma Water Resources Board;
19. The Department of Mines Environmental Quality ;
20. The Office of Juvenile Affairs;
21. The Oklahoma Dep artment of Veteran Affairs;
22. The Oklahoma Supr eme Court;
23. The District Attorneys Council and Oklahoma district
attorneys, provided adequate fun ding exists;
24. The Oklahoma Boll Weevil Eradication Organization; and
25. The Oklahoma Horse Racing C ommission.
B. 1. The Oklahoma School for the Dea f at Sulphur, the
Oklahoma School for the Blind at Muskogee, and any state institution
of higher education may purchase, own, or keep if now owned, or
acquire by lease or gift, and use and maintain such sta tion wagons,
automobiles, trucks, or buses as are reasonably necessary for the
implementation of the educational programs of said institutions.
2. No bus operated, owned, or used by such educational
institutions shall be permitted to carry any person othe r than
students, faculty members, employees, or vo lunteers of such
institutions. The provisions of this section shall not be construed
to prohibit:
a. the operation of intracampus buses or buses routed
directly between portions of the campus of any
institution not adjacent to each other, nor to
prohibit the collection of fares from such students,
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faculty members, or employees of such institutions,
sufficient in amount to cover the reasonable cost of
such transportation, or
b. the Oklahoma School for the Bl ind or the Oklahoma
School for the Deaf from enter ing into agreements with
local public school di stricts pursuant to the
Interlocal Cooperation Act for the mutual use of the
schools’ and the districts’ vehicles. Such use may
include, but is not limited to , the transportation of
students from local school districts with students
from the Oklahoma Scho ol for the Blind or the Oklahoma
School for the Deaf i n vehicles owned by the Oklahoma
School for the Blind or the Oklahoma School for the
Deaf when traveling to school-related activities.
C. The J.D. McCarty Center for Children with Developmental
Disabilities, the Oklahoma Department of Libraries, the Oklah oma
Department of Veterans Affairs, and the Oklahoma Veterans Centers
may own and maintain such passenger vehicles as those institutions
have acquired prior to May 1, 1981.
D. The use of station wagons , automobiles, and buses, other
than as provided for i n this section, shall be permitted only upon
written request for such use by heads of departments of the
institution, approved in writing by the president of said
institution or by some administrative o fficial of said institution
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authorized by the presiden t to grant said approval. Such use shall
be permitted only for official institutional business or activi ties
connected therewith. Such use shall be subje ct to the provisions of
Section 156.1 of this t itle forbidding personal use of such
vehicles, and to the penalties therein declared.
E. Any person convicted of violating the provisions of this
section shall be guilty of a misdemeanor and shall be punished by
fine or imprisonment, or both, as provided for in Section 156.1 of
this title.
F. For the purpose of this section and Section 156.3 of this
title, a station wagon is classified as a passenger automobil e and
may not be purchased solely for the use of t ransporting property.
Such vehicles shall incl ude, but not be limited to, all vehicles
which have no separate luggage compartment or trunk but which do not
have open beds, whether the same are called stati on wagons, vans,
suburbans, town and country, blaz ers, or any other names. All state
boards, commissions, departments, and institutions may own and
maintain station wagons purchased solely for the purpose of
transporting property if acquired prior to July 1, 1985.
G. The provisions of this section and S ection 156.1 of this
title shall not apply to p ublic officials who are statewide elected
commissioners.
SECTION 64. AMENDATORY 51 O .S. 2021, Section 24A.27, is
amended to read as follows:
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Section 24A.27. A. Any state environmenta l agency or public
utility shall keep confident ial vulnerability assessments of
critical assets in bo th water and wastewater systems. State
environmental agencies or public utilities may use the information
for internal purposes or allow the information t o be used for survey
purposes only. The state environmental agencies or public utilities
shall allow any public body to have access to th e information for
purposes specifically related to the public bodies function.
B. For purposes of this section :
1. “State environmental agencies ” includes the:
a. Oklahoma Water Resources Board,
b. Oklahoma Corporation Commission,
c. State Oklahoma Department of Agriculture, Food, and
Forestry,
d. Oklahoma Conservation Commission ,
e. Department of Wildlife Conservation, and
f. Department of Mines, and
g. Department of Environmental Quality;
2. “Public Utility” means any individual, firm, association,
partnership, corporation or any comb ination thereof, municipal
corporations or their lessees, trustees and receivers, own ing or
operating for compensation in this state equipment or facilities
for:
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a. producing, generating , transmitting, distributing,
selling or furnishing electricity,
b. the conveyance, transmission, reception or
communications over a telephone system,
c. transmitting directly or indirectly or distribut ing
combustible hydrocarbon natural or synthetic natur al
gas for sale to the public, or
d. the transportation, delivery or f urnishing of water
for domestic purposes or for power.
SECTION 65. AMENDATORY 59 O.S. 2021, Section 3022, i s
amended to read as follows:
Section 3022. As used in the Elevator Safety Act:
1. “Agency” means the Oklahoma Department of Labor;
2. “Certificate of operation ” means a document issued by the
Commissioner and affixed to an elevator that indicates that the
elevator has been inspected and tested and found t o be in compliance
with all applicable standards of operation as determined by the
Department of Labor;
3. “Certificate of operation - temporary” means a document
issued by the Commissioner that permi ts temporary use of a
noncompliant elevator by the gene ral public for not more than thirty
(30) days while minor repairs are being completed;
4. “Commissioner” means the Commissioner of Labor or his/her
authorized representative;
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5. “Chief elevator inspe ctor” means the chief elevator
inspector appointed unde r the Elevator Safety Act;
6. “Deputy inspector” means an inspector appointed by the chief
elevator inspector subject to the approval of the Commissioner under
the provisions of the Elevator Safety Ac t;
7. a. “Elevator” means any device for lifting or mov ing
people, cargo, or freight within, or adjacent and
connected to, a structure or excavation, and includes
any escalator, power -driven stairway, moving w alkway
or stairway chair lift.
b. The term “elevator” does not mean any:
(1) amusement ride or device subject to inspection
and regulation under the provisions of Section
460 et seq. of Title 40 of the Oklahoma Statutes,
(2) mining equipment subject to ins pection and
regulation by the Department of Mines
Environmental Quality,
(3) aircraft, railroad car, boat, barge, ship, truck,
or other self-propelled vehicle or component
thereof,
(4) boiler grate stoker or other similar firing
mechanism subject to inspec tion under the
provisions of the Oklahoma Boile r and Pressure
Vessel Safety Act,
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(5) dumbwaiter, conveyor, chain or bucket hoist,
construction hoist or similar devices used for
the primary purpose of elevating or lowering
materials, or
(6) elevator, conveyance, manlift or similar device
in grain elevators, grain warehouses, seed
processing facilities, feed mills and/or flour
mills which is used by employees, but is not
accessible to or used by customers or members of
the general public.
This list is not exh austive;
8. “Elevator apprentice” means an unlicensed person registered
with the Department of Labor who works under the direct supervision
of a licensed elevator mechanic, licensed elevator contractor, or
licensed elevator inspector;
9. “Licensed elevator contractor” means a person or business
entity that possesses a valid elevator contractor’s license issued
by the Department of Labor pursuant to the provisions of the
Elevator Safety Act and is thus entitled to engage in the business
of erecting, constructing, installing, altering, servicing,
repairing, or maintaining elevators;
10. “Licensed elevator inspector” means a person who possesses
a valid elevator inspector ’s license issued by the Department of
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Labor pursuant to the provisions of the Elevator Safety Act and is
thus entitled to engage in th e business of inspecting elevators;
11. “Licensed elevator mechanic” means a person who possesses a
valid elevator mechanic ’s license issued by the Department of Labor
in accordance with the provisions of the Elevator Safety Act and is
thus, when employed by a licensed elevator contractor, entitled to
install, construct, alter, service, repair, perform electrical work
on, test, and maintain elevators; and
12. “Private residence” means a separate dwelling or a separate
apartment in a multiple dwelling that is occupied by members of a
single-family unit.
SECTION 66. AMENDATORY 63 O.S. 2021, Section 122.2, is
amended to read as follows:
Section 122.2. The provisions of this section speci fy the
jurisdictional areas of state agencies r elating to the regulation of
blasting and explosives. Agencies regulating explosives and
blasting are directed to coope rate and coordinate with each other as
necessary to carrying out the duties required to r egulate
explosives. Agencies regulating explos ives may enter into
interagency agreements with other s tate agencies and law enforcement
agencies of any political subdi vision of this state for the purpose
of conducting investigations related to the regulati on of explosives
or criminal activity. The jur isdictional areas of responsibility
specified in this section shall be in addition to those otherwise
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provided by law and assigned to the specific state agency as
follows:
1. Department of Mines. The Departm ent of Mines shall have the
following jurisdictional areas relating to the regulation of
blasting and explosives:
a. the use of explosives and blasting activities for
surface and nonsurface mining operations pursuant to
Title 45 of the Oklahoma Statutes,
b. except as otherwise provided by this part, th e use of
explosives and blasting activities for nonmini ng
activities, and
c. except as otherwise provided by this part, the
regulation of the use of explosives or of blasting
activity not subject to the specif ic statutory
authority of another state agency;
2. State Fire Marshal. The State Fire Marshal shall have
regulatory jurisdictional responsibility relating to explosi ves as
follows:
a. the regulation of the manufacture, sale,
transportation for hire or st orage of explosives or
blasting agents for resa le pursuant to Division 2 of
the Oklahoma Explosives an d Blasting Regulation Act,
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b. the examination of buildings and pr emises and
reporting and orders authorized pursuant to Section
317 of Title 74 of the Okl ahoma Statutes, and
c. licensure, regulation an d enforcement of fire
extinguishers, pursuant to the Fi re Extinguisher
Licensing Act;
3. 2. The Department of Public Safet y. The Department of
Public Safety shall have the regulatory jurisdictional
responsibility relating to explosives as follows:
a. the transportation of explosives or blasting agents
classified as hazardous materials pursuant to the
Oklahoma Motor Carrier S afety and Hazardous Materials
Transportation Act,
b. the construction or making of any explosive or
explosive device not subject to s pecific regulatory
authority of another state agency,
c. the intentional storage of any materials which are
intended to be used to construct or make any explosive
or explosive device not subject to specific re gulatory
authority of another state agency, and
d. the intentional use of any explosive or explosive
device in any manner not subject to specific
regulatory authority of another state agency.
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Provided, nothing in this provision shall be construed to expand
jurisdiction of the Department of Public Safet y to investigate any
crime occurring within the jurisdi ction of another law enforcement
authority of any political subdivis ion of this state, and nothing
shall prohibit, limit, or restrict any law enforcement officer,
agency, or specialized law enforcement unit from investigating or
otherwise performing any du ty or responsibility for crimes within
their respective jurisdiction relating to explosives, blasting
agents, or hazardous materials; and
4. 3. Department of Environmental Quality. The Department of
Environmental Quality shall have jurisdictional respons ibility
relating to the regulation and disposal of explosives or blasti ng
agents classified as solid or hazardous waste pursuant to the
Oklahoma Environmental Quality Code. The Department shall also have
the following jurisdictional areas relating to the regulation of
blasting and explosives:
a. the use of explosives and blasting activities for
surface and nonsurface mining operations pursuant to
Title 27A of the Oklahoma Statutes,
b. except as otherwise provided by Section 122.1 et seq.
of this title, the use of explosives and blasting
activities for nonmining activities, and
c. except as otherwise provided by Section 122.1 et seq.
of this title, the regulation of the use of explosives
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or of blasting activity not subject to the specific
statutory authority of another state agency.
SECTION 67. AMENDATORY 63 O.S. 2021, Section 123.1, is
amended to read as follows:
Section 123.1. A. Pursuant to the Oklahoma Explosives an d
Blasting Regulation Act, except as otherwise provided by this part
Section 122.1 et seq. of this title , the Department of Mines
Environmental Quality shall be responsible for the administration,
regulation and enforcement of all blasting operations or ac tivities,
and the storage and use of all blasting agents and exp losives by any
person, which is not located within the area of a mi ning operation
or site.
B. Except as otherwise provided by this part Section 122.1 et
seq. of this title, it shall be unlawf ul for any person to store or
use any blasting agents or explosi ves, or conduct, supervise or
control a blasting operation in this state without first complying
with the provisions of the Oklahoma Explosives a nd Blasting
Regulation Act and rules promulgate d by the Oklahoma Mining
Commission Department.
C. Except as otherwise required by this part Section 122.1 et
seq. of this title, by January 1, 1996:
1. Any person performing blasting activity shall be certi fied
as a blaster by the Department of Mines;
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2. All blasting opera tions shall be conducted under the
direction of a certified blaster. Blaster certification may be
obtained from the Department upon application and proof of
competency as determined by ru les of the Department; and
3. Before January 1 , 1996, all blasting operations and
activities shall be conducte d by competent, experienced persons who
understand the hazards involved.
D. Any blaster certification issued by the Department shall be
carried by the blaster or shall be on file at the blast ing area
during blasting operations.
E. A blaster and at least one other person shall be present at
the firing of a blast.
SECTION 68. AMENDATORY 63 O.S. 2021, Section 123.2, is
amended to read as follows:
Section 123.2. A. Except as otherwise provi ded by this part
Section 122.1 et seq. of t his title, it is a violation to
manufacture, store, or use explosives or blasting agents without
first obtaining a permit from th e Department of Mines Environmental
Quality.
B. Permits issued under this division Section 122.1 et seq. of
this title shall not be transferable, and shall be readily available
for inspection by representatives of the Department and law
enforcement officials.
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C. The Department may place such restrictions and li mitations
on permits as it deems necessary.
D. The Department may is sue one-time or limited-time permits or
permits for continuous blasting operations.
E. 1. Permits for continuous blasting operations issued und er
this division Section 123.1 et seq. of this title shall be valid for
the calendar year after the date of iss ue unless revoked or
suspended. Permits for continuous blasting operations may be
renewed on each issuance date and a showing of compliance with the
Oklahoma Explosives and Blasting Regulatio n Act and rules
promulgated thereto.
2. Permits for one-time or limited-time permits shall be valid
only for the time specified in the permit.
F. Any person holding a permit issued under this division
Section 123.1 et seq of this title shall keep such records as may be
required by the Department. Records shall be maintained for not
less than two (2) years following the year in which the record is
made. All such records shall be open to inspection by the
Department or its representatives during normal bu siness hours.
SECTION 69. AMENDATORY 63 O.S. 2021, Section 123.2A, is
amended to read as follows:
Section 123.2A. A. No person shall purchase blasting agents or
explosives in this st ate without first obtaining a permit pursuant
to the Oklahoma Explos ives and Blasting Regulation Act or without
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first obtaining written notification from the Department of Mines
Environmental Quality that the person is exempt from this permit
requirement.
B. Distributors or sellers of blasting agents or explosives
shall require presentation of either the permit or exemption
notification required in subsection A of this section before the
sale or transfer of blasting agents or explosives.
C. The Oklahoma Mining Commission Environmental Quality Board
shall promulgate rules to implement this section.
SECTION 70. AMENDATORY 63 O.S. 2021, Section 123.3, is
amended to read as follows:
Section 123.3. The Department of Environmental Quali ty shall
enforce the provisions of this division Section 123.1 et seq. of
this title and for such purposes shal l:
1. Issue permits to applicants found by the Department, a fter
inspection and investigation, to be qualified for such permit under
the provisions of this division Section 123.1 et seq. of t his title
and the rules promulgated by the Department;
2. Deny, suspend, or revoke permits upon a finding of
noncompliance or violation of the provisions of this division
Section 123.1 et seq. of this title or of the applicable rules of
the Department;
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3. Hold hearings upon the application of any person aggrieved
by any order of the Department with respect to the denial,
suspension, or revocation of any permit; and
4. Inspect, during normal busin ess hours, any building,
structure, or premises subject to the provisions of this division
Section 123.1 et seq. of this ti tle, and, upon the discovery of any
violation of this division Section 123.1 et seq. of this title or
the applicable rules, issue such orders as are necessary for the
safety of workers and the public, and, in the case of imminent
hazard or emergency, apply for an injunction in the appropriate
district court.
SECTION 71. AMENDATORY 63 O.S. 2021, Section 123.4, is
amended to read as follows:
Section 123.4. A. The Department of Mines Environmental
Quality shall promulgate the necessa ry rules to implement the
provisions of this Division Section 123.1 et seq. of this title .
Rules promulgated by the Department shall include but not be limited
to requirements for blasting pl ans, use of explosives, public
notices, and records.
B. The Department of Mines may establish a schedule of fees to
be charged for applications for or issuance of new and renewed
certifications and permits re quired pursuant to this division
Section 123.1 et seq. of this title . The fees shall be subject to
the following provisions:
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1. The Department shall follow the procedures required by the
Administrative Procedures Act for promulgating rules in establishin g
or amending any such schedule of fees;
2. The Department shall ba se its schedule of fees upon the
reasonable costs of operating the programs specified by this
division Section 123.1 et seq. of this title ; and
3. The fees authorized by this section shal l not be implemented
by emergency rule but shal l be adopted by perma nent rules, which
shall be submitted to the Legislature for review pursuant to Section
308 of Title 75 of the Oklahoma Statutes prior to implementation.
SECTION 72. AMENDATORY 63 O.S. 2021, Section 123.5, is
amended to read as foll ows:
Section 123.5. A. In the enforcement of the Oklahoma
Explosives and Blasting Regulation Act pursuant to this division
Section 123.1 et seq. of this title , any person who violates an y
permit condition or who violates any other pr ovision of the Oklaho ma
Explosives and Blasting Regulation Act o r rules promulgated thereto
pursuant to this division Section 123.1 et seq. of this title may be
assessed an administrative penalty by the Depart ment of
Environmental Quality . Such penalty shall not exceed Five T housand
Dollars ($5,000.00) for each violat ion. Each day of continuing
violation may be deemed a separate violation for purposes of penalty
assessments. In determining the amount of the penalty,
consideration shall be given to the pe rson’s history of previous
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violations regarding explosives and b lasting operation; the
seriousness of the violation, including any irreparable harm to the
environment and any hazard to the health or safety of the public;
whether the person was negligent; a nd the demonstrated g ood faith of
the person charged in attempti ng to achieve rapid compliance after
notification of the violation.
B. An administrative penalty shall be assessed by the
Department only after the person charged with a violation described
under subsection A of this section has been given an opportunity for
a hearing pursuant to Article II o f the Administrative Procedures
Act. Where such a hearing has been held, the Department shall make
findings of fact, and shall issue a written decision a s to the
occurrence of the violation and the amount of the penal ty which is
warranted, incorporating, when appropriate, an order therein
requiring that the penalty be paid. When appropriate, the
Department shall consolidate such hearings with other procee dings
under the Oklahoma Explosives and Blasting Regulation Act. Any
hearing under this section shall be of record. Where the person
charged with such a violation fails to avail himself of the
opportunity for a hearing, an administrative penalty shall be
assessed by the Depa rtment after determining that a violation d id
occur, and the amount of the penalt y which is warranted, and issuing
an order requiring that the penalty be paid.
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C. Upon the issuance of a n otice or order charging that a
violation of the Oklahoma Explosives and Blasting Regulation Act has
occurred, the Department shall inform the operato r within thirty
(30) days of the proposed amount of said penalty. The person
charged with the penalty shal l then have thirty (30) days to pay the
proposed penalty in full or, if the person wishes to contest either
the amount of the penalty or the fact of the violation, forward the
proposed amount to the Department for placement in an escrow
account. If through administrative or judicial review of the
proposed penalty, it is d etermined that no violation occurred, or
that the amount of the penalty should be reduced, the Department
shall within thirty (30) days remit the appropriate amount to the
person.
D. Administrative penalties owed under the Oklahoma Ex plosives
and Blasting Regulation Act may be recovered in a civil action
brought by the Attorney Genera l or any district attorney in the
district in which the violation occurred at the request of the
Department in the appropriate district court. Such actio n, also,
may be brought by the Department.
E. Any person who wi llfully and knowingly violates a condi tion
of a permit issued pursuant to this division or fails or refuses to
comply with any order issued under this division Section 123.1 et
seq. of this title, or any order incorporated in a final decision
issued by the Department under this division Section 123.1 et seq.
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of this title, shall, upon conviction, be punished by a fine of not
more than Ten Thousand Dollars ($10,000.00) or by imprisonment for
not more than one (1) ye ar, or both.
F. Whenever a corporate permi ttee violates a condition of a
permit issued pursuant to this division Section 123.1 et seq. of
this title or fails or refuses to comply with any order issued under
this division, or any order incorporated in a fi nal decision issued
by the Executive Direct or of the Department of Mines under this
division Section 123.1 et seq. of this title , any director, officer
or agent of such corporation who wil lfully and knowingly authorized,
ordered or carried out such violati on, failure or refusal shall be
subject to the same administrative penalties, fines and imprisonment
that may be imposed upon a person under subsections A and E of this
section.
G. Whoever knowingly makes any false statement , representation
or certification, or knowingly fails to make any statemen t,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this division Section 123.1 et seq. of this title or any order of
decision issued by the Department under this division Section 123.1
et seq. of this title , shall, upon conviction, be punished by a fine
of not more than Ten Thousand Dollars ($10,000.00) or by
imprisonment for not more than one (1) year, or both.
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H. Any person who fails to correct a violation for which a
citation has been issued within the period permitted for its
correction shall be assessed an administrative penalty of not less
than Seven Hundred Fifty Dollars ($750.00) for each day durin g which
such failure or violation continues.
The period permitted for corrections of violations shall not end
until:
1. The entry of a final order by the Department after an
expedited hearing which ordered th e suspension of the abatement
requirements of the citation because i t was determined that the
person will suffer irreparable loss or damage from the application
of the abatement requirements; or
2. The entry of an order by a court in any review proceeding s
initiated by the person in which the court or ders the suspension o f
the abatement requirements.
I. Any person who shall, except as permitted by law, willfully
resist, prevent, impede or interfere with the Department or any of
the agents or employees the reof in the performance of duties
pursuant to this division shall, u pon conviction, be punished by a
fine of not more than Five Thousand Dollars ($5,000.00), or by
imprisonment for not more than one (1) year, or both.
SECTION 73. AMENDATORY 63 O.S. 2021, Section 123.7, is
amended to read as follows :
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Section 123.7. Any fees, administrative penalties or any other
monies obtained by the Department of Mines Environmental Quality
pursuant to the Oklahoma Explosives and Blasting Regulati on Act
shall be deposited in the Department of Mines Environmental Quality
Revolving Fund and shall be expended by the Department of Mines for
implementation and enforcement of this part Section 122.1 et seq. of
this title or as otherwise deemed necessary by the Department for
complying with its respon sibilities and duties according to law.
SECTION 74. AMENDATORY 63 O.S. 2021, Section 123.8, is
amended to read as follows:
Section 123.8. A. 1. The provisions of the Oklahoma
Explosives and Blasting Regulation Act shall not appl y to:
a. persons engaged in shooting wells or seismographic
operations for the purpose of oil or gas production,
b. mining operations regul ated by Title 45 27A of the
Oklahoma Statutes, and
c. persons using explosives or blasting agents for
noncommercial use on their own land, owned in fee or
by contract, for the remov al of trees, rocks and dams
or for other normal agricultural purposes.
2. Any person exempted from the provisions of the Oklahoma
Explosives and Blasting Regulation Act pursuant to this subse ction
shall be liable for all damages caused by the use of explo sives, or
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blasting agents and blasting operations, which damages shall be
recoverable in any court of competent jurisdiction.
B. In addition, the provisions of the Oklahoma Explosives and
Blasting Regulation Act shall not apply to:
1. Any municipalities or counties in this state using any
blasting agents, explosives or conducting, supervising or
controlling a blasting operation in this state. An y such
municipality or county shall comply with rules promulgated by the
Oklahoma Mining Commission Environmental Quality Board;
2. The Department of Transportation in the conducting,
supervision or controlling of any blasting operation in this state,
provided the Department shall comply with rules pr omulgated by the
Oklahoma Mining Commission Board; and
3. Duly qualified and certified bomb technicians of a federally
accredited bomb squad of municipal, county, state, and fe deral law
enforcement agencies f or the transportation, storage or disposal of
any explosive chemical , compound or device, when such technician is
performing responsibilities for the preservation of public peace,
safety, or criminal investigation .; and
4. Any employee of the Oklahoma Departme nt of Agriculture,
Food, and Forestry and the U nited States Department of Agriculture,
Animal and Plant Health Inspection Service, Wildlife Services who is
trained and certified by the United States Department of Agriculture
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in the safe handling and use of explosive materials in the course of
the official duties of the employee.
SECTION 75. AMENDATORY 68 O.S. 2021, Section 2357.11, is
amended to read as follows:
Section 2357.11. A. For purposes of this section, the term
“person” means any legal business entity including limite d and
general partnerships, corporations, sole proprietorships, and
limited liability companies, but does not include individuals .
B. 1. Except as otherwise provided by this section, for tax
years beginning on or after January 1, 1993, and ending on or b efore
December 31, 2021, there shall be allowed a credit against the tax
imposed by Section 1803 or Section 2355 of this title or Section 624
or 628 of Title 36 of the Oklahoma Statutes for every person in thi s
state furnishing water, heat, light or power to the state or its
citizens, or for every person in this state burning coal to generate
heat, light or power for use in manufact uring operations located in
this state.
2. For tax years beginning on or after January 1, 1993, and
ending on or before Decemb er 31, 2005, and for the period of January
1, 2006, through June 30, 2006, the credit shall be in the amount of
Two Dollars ($2.00) per ton for each ton of Oklahoma -mined coal
purchased by such person.
3. For the period of July 1, 2006, through December 3 1, 2006,
and, except as provided in subsection N of this section , for tax
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years beginning on or after January 1, 2007, and ending on or before
December 31, 2021, the credit shall be in the amount of Two Dollar s
and eighty-five cents ($2.85) per ton for eac h ton of Oklahoma-mined
coal purchased by such person.
4. In addition to the credit allowed pursuant to the provisions
of paragraph 3 of this subsection, for the period of July 1, 2006,
through December 31, 2 006, and except as provided in subsections M
and N of this section, for tax years beginning on or after January
1, 2007, and ending on or before December 31, 2021, there shall be
allowed a credit in the amount of Two Dollars and fifteen cents
($2.15) per ton for each ton of Oklahoma -mined coal purchased by
such person. The credit allowed pursuant to the provisions of this
paragraph may not be claimed or transferred prior to Jan uary 1,
2008.
C. For tax years beginning on or after January 1, 1995, and
ending on or before December 31, 2005, and for the p eriod beginning
January 1, 2006, through June 30, 2006, there sh all be allowed, in
addition to the credits allowed pursuant to su bsection B of this
section, a credit against the tax imposed by Section 1803 or Section
2355 of this title or Section 624 or 62 8 of Title 36 of the Oklahoma
Statutes for every person in this state which:
1. Furnishes water, heat, light or power to the sta te or its
citizens, or burns coal to generate heat, light or power for use in
manufacturing operations located in this state; a nd
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2. Purchases at least seven hundred fifty thousand (750,000)
tons of Oklahoma-mined coal in the tax year.
The additional credit allowed pursuant to this subsection shall
be in the amount of Three Dollars ( $3.00) per ton for each ton of
Oklahoma-mined coal purchased by such person.
D. Except as otherwise provided b y this section, for tax years
beginning on or after January 1, 20 01, and ending on or before
December 31, 2021, there shall be allowed a credit a gainst the tax
imposed by Section 1803 or Secti on 2355 of this title or Section 624
or 628 of Title 36 of the O klahoma Statutes for every person in this
state primarily engaged in mining, producing or extracting coal, and
holding a valid permit issued by t he Oklahoma Department of Mines
Environmental Quality. For tax years beginning on or after January
1, 2001, and ending on or before December 31, 2005, and for the
period beginning January 1, 2006, through June 30, 2006, the credit
shall be in the amount o f ninety-five cents ($0.95) per ton and for
the period of July 1, 2006, through December 31, 2006, and for tax
years beginning on or after January 1, 2007, except as provided in
subsection N of this section, the credit shall be in the amount of
Five Dollars ($5.00) for each ton of coal mined, produced or
extracted in on, under or through a permit in this state by s uch
person.
E. In addition to the credit allowed pursuant to the provisions
of subsection D of this section and except as otherwise provided in
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subsection F of this section, for tax years beg inning on or after
January 1, 2001, and ending on or before Dece mber 31, 2005, and for
the period of January 1, 2006, through June 30, 2006, there shal l be
allowed a credit against the tax imposed by Section 1 803 or Section
2355 of this title or Section 62 4 or 628 of Title 36 of the Oklahoma
Statutes for every person i n this state primarily engaged in mining,
producing or extracting coal, and holding a v alid permit issued by
the Oklahoma Department of Mines in the amount of ninety -five cents
($0.95) per ton for each ton of coal mined, produced or extracted
from thin seams in this state by such person; provided, the credit
shall not apply to such coal sold to any consumer who purchases at
least seven hundred fift y thousand (750,000) tons of Oklahoma -mined
coal per year.
F. In addition to the credit allowed pursuant to th e provisions
of subsection D of this section and except as otherwise provided in
subsection G of this section, for tax years beginning on or afte r
January 1, 2005, and ending on or before Dece mber 31, 2005, and for
the period of January 1, 2006, through Ju ne 30, 2006, there shall be
allowed a credit against the tax imposed by Section 1803 or Section
2355 of this title or that portion of the tax imp osed by Section 624
or 628 of Title 36 of the O klahoma Statutes, which is actually paid
to and placed into the General Revenue Fund, in the amount of
ninety-five cents ($0.95) per ton for each ton o f coal mined,
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produced or extracted from thin seams in thi s state by such person
on or after July 1, 2005 .
G. The credits provided in subsections D and E of this sectio n
shall not be allowed for coal mined, produced or extracted in any
month in which the average price of coal is Sixty -eight Dollars
($68.00) or more per ton, excluding freight charges, as dete rmined
by the Tax Commission.
H. The additional credits allowed pursuant to subsections B, C,
D and E of this section but not used shall be freely tra nsferable
after January 1, 2002, but not later than Decemb er 31, 2013, by
written agreement to subsequent transferees at any time during the
five (5) years following the year of qualification; provided, the
additional credits allowed pursuant to the provis ions of paragraph 4
of subsection B of this section but no t used shall be freely
transferable after Janua ry 1, 2008, but not later than December 31,
2013, by written agr eement to subsequent transferees at any time
during the five (5) years following the ye ar of qualification. An
eligible transferee shall be any taxpayer subject to the tax imposed
by Section 1803 or Section 2355 of this title or Section 624 or 628
of Title 36 of the Oklahoma Statutes. The person originally allowed
the credit and the subseq uent transferee shall jointly file a copy
of the written credit transfer agreement with the Tax Commissio n
within thirty (30) days of the transfer. The written agreemen t
shall contain the name, address and taxpayer identification number
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of the parties to the transfer, the amount of credit being
transferred, the year the credit was originally allowed to the
transferring person and the tax year or years for which the credi t
may be claimed. The Tax Commission may promulgate rules to permit
verification of the validity and timeliness of a tax credit claimed
upon a tax return pursuant to this subsection but shall not
promulgate any rules which unduly restrict or hinder the tr ansfers
of such tax credit.
I. The additional credit allowed pursuant to subsection F of
this section but not used shall be freely transferable on or after
July 1, 2006, but not later than De cember 31, 2013, by written
agreement to subsequent transferees at any time during the five (5)
years following the year of qualification. An eligible transferee
shall be any taxpayer subject to the tax impos ed by Section 1803 or
Section 2355 of this titl e or Section 624 or 628 of Title 36 of the
Oklahoma Statutes. T he person originally allowed the credit and the
subsequent transferee shall jointly fil e a copy of the written
credit transfer agreement with the Tax Commission within thirty (30)
days of the transfer. The written agreement shall contain the name,
address and taxpayer identification number of the parties to the
transfer, the amount of credi t being transferred, the year the
credit was originally al lowed to the transferring person and the tax
year or years for which the credit may be claimed. The Tax
Commission may promulgate rules to permit verification of the
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validity and timeliness of a ta x credit claimed upon a tax return
pursuant to this subsec tion but shall not promulgate any rules which
unduly restrict or hinder the transfers of such tax credit.
J. Any person receiving tax credits pursuant to the provisions
of this section shall apply the credits against taxes payable or,
subject to the limit ation that credits earned after December 31,
2013, shall not be transferred, shall transfer the credits as
provided in this section or, for credits earned on or after January
1, 2014, shall receive a refund pursuant to the provisions of
subsection L of this section. Credits shall not be used to lower
the price of any Oklahoma-mined coal sold that is produced by a
subsidiary of the person receiving a tax credit under this section
to other buyers of t he Oklahoma-mined coal.
K. Except as provided by paragrap h 2 of subsection L of this
section, the credits allowed by subsections B, C, D, E and F of this
section, upon election of the taxpayer, shall be treated and may be
claimed as a payment of tax, a pr epayment of tax or a payment of
estimated tax for purposes of Section 1803 or 2355 of this title or
Section 624 or 628 of Title 36 of the Oklahoma Statutes.
L. 1. With respect to credits allowed pursuant to the
provisions of subsections B, C, D, E and F of this section earned
prior to January 1, 2014, but not u sed in any tax year may be
carried over in orde r to each of the five (5) years following the
year of qualification.
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2. With respect to credits allowed pursuant to the provisions
of subsections B, C, D, E and F of this section which are earned but
not used, based upon activity occurring on or after Jan uary 1, 2014,
the Oklahoma Tax Commission shall, at the taxpayer ’s election,
refund directly to the taxpayer eighty -five percent (85%) of the
face amount of such credits. The direct refund of the credits
pursuant to this paragraph shall be available to al l taxpayers,
including, without limitation, pass-through entities and taxpayers
subject to Section 2355 of this title. The amount of any direct
refund of credits actually received at the eighty -five percent (85%)
level by the taxpayer pursuant to this par agraph shall not be
subject to the tax imposed by Section 2355 o f this title. If the
pass-through entity does not file a claim for a direct refund, th e
pass-through entity shall allocate the credit to one or more of the
shareholders, partners or members o f the pass-through entity;
provided, the total of all credits re funded or allocated shall not
exceed the amount of the credit or refund to which the pa ss-through
entity is entitled. For the purposes of this p aragraph, “pass-
through entity” means a corporation that for the applicable tax year
is treated as an S corpora tion under the Internal Revenue Code of
1986, as amended, general partnership, limited partnership, limited
liability partnership, trust or limit ed liability company that for
the applicable tax year is not taxed as a corporation for federal
income tax purposes.
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M. No credit otherwise authorized by the provisions of this
section may be claim ed for any event, transaction, investment,
expenditure or other act occurring on or after July 1, 2010, f or
which the credit would otherwise be allowable. The provision s of
this subsection shall cease to be operative on July 1, 2012.
Beginning July 1, 20 12, the credit authorized by this section may be
claimed for any event, transaction, investment, expendit ure or other
act occurring on or after July 1, 2012, according t o the provisions
of this section.
N. Except as otherwise provided by this section, any credits
calculated pursuant to paragraphs 3 or 4 of subse ction B or
subsection D of this section for act ivities occurring on or after
January 1, 2016, the amount of cre dit allowed shall be equal to
seventy-five percent (75%) of the amount otherwise provid ed.
O. For tax years beginning on or after January 1, 201 8, the
total amount of credits authorized by th is section used to offset
tax or paid as a refund shall be adjus ted annually to limit the
annual amount of credits to Five Million Dollars ($5,000,000. 00).
The Tax Commission shall annually calculate and publ ish a percentage
by which the credits authorize d by this section shall be reduced so
the total amount of credit s used to offset tax or paid as a refund
does not exceed Five Million Dollars ($5,000,0 00.00) per year. The
formula to be used for the percentag e adjustment shall be Five
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Million Dollars ($5, 000,000.00) divided by the credits claimed in
the second preceding year.
P. Pursuant to subsection O of this section, in the event the
total tax credits authorized by this section exceed Five Million
Dollars ($5,000,000.00) in any calendar year, the Tax C ommission
shall permit any excess over Five Million Dollars ($5, 000,000.00)
but shall factor such excess into the percentage adjustment formula
for subsequent years.
Q. Any credits authorized by this section not used or unable to
be used because of the pr ovisions of subsection O or P of this
section may be carried ove r until such credits are fully used.
SECTION 76. AMENDATORY 74 O.S. 2021, Section 500.18, as
amended by Section 1, Chapter 325, O.S.L. 2022 (74 O.S. Supp. 2022,
Section 500.18), is am ended to read as follows:
Section 500.18. A. Except for members of the Legislature, the
Governor and the Lieutenant Governor, provisions of Sections 500.1
through 500.18 of this title sh all be mandatory for all officials
and employees of all departments, boards, commissions and
institutions of the state, regardless of the provisions of any other
act of the Legislature, except as provided by this section . The
enactment of any measure in t he future providing for travel
reimbursement of state officers and employees on the basis of
“actual and necessary” expenses or in any other manner inconsistent
with Sections 500.1 through 500.18 of this title shall be deemed to
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provide for reimbursement i n accordance with Sections 500.1 through
500.18 of this title unless a contrary intent is explicitly
expressed in this section. Sections 500.1 through 500.18 of this
title shall not apply, however, to travel reimbursements made by
political subdivisions o f this state, except as otherwise provided
by law.
B. The agencies listed below are authorized certain exceptions
and/or exemptions to the provisions of Sections 500.1 through 500.18
of this title to the extent specified:
1. Oklahoma Department of Agricu lture, Food, and Forestry:
a. The actual and reasonable expenses of travel and
subsistence in pursuing and developing markets for
Oklahoma agricultural products incurred by the
Commissioner, Deputy Commissioner and such employees
designated by the State Bo ard of Agriculture within
the marketing develop ment programs of the Oklahoma
Department of Agriculture, Food, and Forestry shall be
reimbursed to the employee incurring such expenses.
Reimbursement of such expenses shall be in acc ordance
with rules adopted by the Board. Expenses claimed
shall, prior to reimbursement, be reviewed by the
Board at a regular meeting and individually approved
or disapproved.
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b. The actual and necessary expenses of out-of-state
travel and subsistence in curred by employees of th e
Forestry Division authorized to evaluate and acquire
federal excess property or surplus property in other
states for use in its fire protection program shall be
reimbursed to the employee incurring such expenses.
2. Department of Public Safety:
When traveling with the Governor or at the Governor ’s request,
personnel assigned by the Commissioner for executive security and
pilots on executive assignment shall be allowed their actual and
necessary traveling expenses, upon claims ap proved by the
Commissioner.
3. Department of Corrections:
The Department of Corrections shall be exempt from limitations
of reimbursement for rented automobiles, as set forth in Section
500.5 of this title, when the rental is by a Correctional Officer or
Transportation Officer for the limited purpose of transporting
inmates. Reimbursement for the expense shall be on the basis of
actual cost.
4. Oklahoma Tourism and Recreation Department:
The Oklahoma Tourism and Recreation Commission and Department
staff who promote in-state and out-of-state business for Oklahoma ’s
state-operated or state-owned parks, lodges, and golf courses and
the tourism and recreation industry may be reimbursed for the actual
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and necessary expense of travel, subsistence and entertai nment for
this purpose. The Director of the Oklahoma Tourism and Recreati on
Department may reimburse the Publisher of Oklahoma Today magazine
and its staff for expenses for meals and other en tertainment in
order to gain advertising and promotion for Oklah oma Today magazine.
5. Oklahoma Department of Commerce:
a. The actual and necessary expenses incurred by the
Director and other employees of the Department
authorized by the Director for the purpose of business
recruitment shall be reimbursed. Reimbursement of
expenses shall be in accordance with rules adopted by
the Director of the Oklahoma Department of Commerce.
Expenses claimed shall, prior to reimbursement, be
reviewed by the Director a nd individually approved or
disapproved.
b. The Department, at t he discretion of the Direct or, may
charter aircraft for the purposes of ca rrying out its
duties and responsibilities related to business
recruitment and performing the duties of the Director .
The cost of such charter shall be exempt from the
provisions of Section 500.6 of this titl e. Claims
filed with the Office of Management and Enterprise
Services shall bear the following certification:
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The best interests of the citizens of Oklahoma were
better served in that conventional ground
transportation was not p ractical or feasible for th is
trip, aircraft from the Department of Public Safety
were not available for this trip, and no other claim
has been or will be filed as a payment for the cost of
transportation in connection with this trip.
c. The Oklahoma Department of Commerce may reimb urse the
Oklahoma Film and Music Office staff f or the actual
and necessary expenses for meals and other
entertainment in order to promote the film and music
industries in this state. Reimbursement of all actual
and necessary expenses shall be in accordanc e with
rules adopted by the Oklahoma Department of Commerce.
6. Office of Management and Enterprise Services:
The actual and necessary expenses of travel and subsis tence
incurred by the Director, any state employee approved by h is or her
appointing authority, or state officials, for travel outside the
state in performance of duties related to bond financing shall be
reimbursed to the employee or state official incurr ing such
expenses. Reimbursement for lodging expenses shall be supported by
three telephone bids from hotels within a reasonable distance of the
activity for which the travel was approved.
7. Oklahoma Futures:
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The actual and necessary expenses incurred b y the members of
Oklahoma Futures in the performance of their du ties shall be
reimbursed to the members incurring such expenses . Reimbursement of
all actual and necessary expenses shall be in accordance with rules
adopted by Oklahoma Futures.
8. Oklahoma Development Finance Authority:
The actual and necessary expense s incurred by the members a nd
employees of the Oklahoma Development Financ e Authority in the
performance of their duties shall be reimbursed to the person
incurring such expenses. Reimbursement of all actual and necessary
expenses shall be in accordance w ith the bylaws of the Autho rity.
9. Oklahoma Center for the Advancement o f Science and
Technology:
The actual and necessary expenses incurred by the members and
employees of the Oklahoma Cent er for the Advancement of Science and
Technology in the performa nce of their duties shall b e reimbursed to
the person incurring such expen ses. Reimbursement of all actual and
necessary expenses shall be in accordance with the bylaws of the
Center.
10. Center for International Trade Development:
The actual and necessa ry expenses of travel, lodg ing and
subsistence incurred by the Director an d authorized employees of the
Center for International Trade Development for performance of their
duties for the purpo se of business recruitment and assistance shall
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be reimbursed to the person incurring such expenses. Reimbursement
of such expenses shall be in accordance with the rules adopted by
the Director of the Center for International Trade Development.
Expenses claimed shall be reviewed and individually approved or
disapproved, prior to reimbursement, first by the Director, and
finally by either the Vice President, Business and Finance of
Oklahoma State University or the President of Oklahoma State
University.
11. Oklahoma State Bureau of Investigation:
The actual and necess ary expenses incurred by th e Director and
other employees of the Bureau au thorized by the Director as a result
of conducting investigations shall be reimbursed to each such
employee incurring the expenses. Reimbursement of the expenses
shall be in accordance with rules adopted by t he Director of the
Oklahoma State Bureau of Inv estigation. Prior to reimbursement,
expenses claimed shall be reviewed by the Director and individually
approved or disapproved.
12. Department of Human Services:
The actual and necessary expenses of travel, lodging and
subsistence incurred by employees of the Legal Division in the
performance of their duties for the purpose of representing the
Department of Human Se rvices or any of its officials, employees,
institutions or hospi tals at any proceeding includi ng depositions,
held before any court, adminis trative body or representative
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thereof, shall be reimbursed to the employee incurring such
expenses. Expenses claimed shall be approved by the General Counsel
and the Director of Human Services prior to reimbu rsement.
13. Oklahoma Health Care Authority:
The actual and necessary expenses of travel, lodging and
subsistence incurred by employees of the Legal Division in the
performance of their dutie s for the purpose of representing the
Authority or any of its of ficials or employees, at any pr oceeding
including depositions, held before any court, administrative body or
representative thereof, shall be reimbursed to the employee
incurring such expenses . Expenses claimed shall be approved by the
Administrator prior to reimbursement.
14. Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control:
The actual and necessary expenses incurred by the Director and
other employees of the Bureau authorize d by the Director as a result
of conducting investigations shall b e reimbursed to each employee
incurring the expenses. Reimbursement of the expenses shall be in
accordance with rules adopted by the Director of the Oklahoma State
Bureau of Narcotics and D angerous Drugs Control. Prior to
reimbursement, expenses claimed shall be reviewed by the Direct or
and individually approved or disapproved.
15. University Hospitals:
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The actual and necessary expenses of travel, lodging and
subsistence incurred by empl oyees of the Legal Office in the
performance of their duties for the purpose of representing the
University Hospitals or any of its officials, employees,
institutions or hospitals at any proceeding including depositions,
held before any court, administrati ve body or representative
thereof, shall be reimbursed to the employ ee incurring such
expenses. Expenses shall be approved by the Chief Executive Officer
of the University Hospitals or by the University Hospitals
Authority.
16. Oklahoma Historical Socie ty:
The actual and necessary expenses of travel, subsistence and
entertainment incurred by the Execu tive Director, Deputy Director
and any employees designated by the Executive Committee of the
Oklahoma Historical Society Board of Directors in pursuing an d
developing programs and projects for the preservation and marketing
of Oklahoma history shall be re imbursed to the person incurring the
expenses. Reimbursement of expenses shall be in accordance with
rules adopted by the Oklahoma Historical Society Boar d of Directors.
Prior to reimbursement, expenses claimed shall be rev iewed by the
Executive Committee at a regularly scheduled meeting and each claim
shall be individually approved or disapproved.
17. The Oklahoma Department of Mines:
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The actual and necessary expenses of travel, lodging and
subsistence incurred by employee s of the Department in the
performance of their duties for the purpose of representing the
Department or any of its officials or employees, at any proceeding,
hearing or meeting with f ederal agencies, boards, commissions,
congressional representatives, con gressional committees or staff,
shall be reimbursed to the employee incurring such expenses.
Expenses claimed shall be approved by the Executive Director prior
to reimbursement.
18. The Office of Attorney General:
The actual and necessary expenses of tra vel, lodging and
subsistence incurred by its employees in the performance of their
duties for the purpose of representing the state, the Legislature,
any state board, agency or commi ssion, or any employee o r official
of the state entitled to representation , at any proceeding including
depositions, held before any court, administrative body or any
representative thereof, and the actual and necessary expenses
incurred by employees as a result of conducting inv estigations shall
be reimbursed to the employee in curring the expenses . The expenses
shall be approved by the Attorney General prior to reimbursement.
19. 18. District Attorneys Council:
The actual and necessary expenses of travel, lodging and
subsistence incurred by each district attorney and other emp loyees
of the district attorney aut horized by the district attorney in the
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performance of their duties for any district other than the district
for which they are employed for the purp ose of representing the
state, any county, or any employee or official o f the state entitled
to representation at any proceeding including depositions held
before any court, administr ative body or any representative of a
court or administrative body, and t he actual and necessary ex penses
incurred as a result of conducting inve stigations shall be
reimbursed to each employee incurring the expenses. Reimbursement
of the expenses shall be in accordance with rules adopted by the
District Attorneys Council . Prior to reimbursement, expen ses
claimed shall be reviewed by the Council a nd individually approved
or disapproved.
20. 19. The Department of Securities:
The actual and necessary expenses of travel, lodging and
subsistence incurred by the Administrator and oth er employees of the
Department of Securities in the performance of the ir duties for the
purpose of representi ng the Department of Securities, at any
proceeding including depositions, held before any court,
administrative body or any representative thereof, conducting on-
site examinations, or conducting investigations, shall be reimbursed
to each employee incurrin g the expenses. The expenses shall be
approved by the Administrator of the Department of Securities prior
to reimbursement.
21. 20. Corporation Commission:
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The actual and necess ary travel expenses incurred by the st aff
of the Public Utility Division as a res ult of conducting audits
and/or reviews of utility service providers shall be reimbursed to
each employee incurring the expense . Reimbursement of the expenses
shall be as set forth in procedures established by th e appointing
authority.
22. 21. The Department of Human Services:
Employees of the Department of Human Services may be reimbursed
for their actual and necessary expenses of trave l, lodging and meals
and incidentals incurred in the performance of their dut ies for the
purpose of escorting and transporti ng children or adults in the care
or custody of the Department, subject to approval by the Department :
a. for out-of-state visitation, care, treatment and
placement of a child welfare client,
b. for out-of-state treatment for or placement of an
adult protective services client,
c. for out-of-state treatment for or plac ement of a
resident of a state resource center,
d. for out-of-state treatment for or placemen t of an
individual with a developmental disability w ho is
living in the community in community re sidential
services, or
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e. for meals and incidental expenses necessary for the
care of children or adults in the ca re or custody of
the Department.
Expenses claimed shall be approved by the appropriate Divisio n
Director or Deputy prior to reimbursement.
23. 22. The Banking Department:
The actual and necessary expenses of travel and lodging incurred
by the Commissioner and other employees o f the Banking Department in
the performance of their duties for the Banki ng Department shall be
paid or reimbursed by the Banking Department to each employee
incurring the expenses. The expenses shall be approved by the
Banking Commissioner prior to payme nt or reimbursement.
24. 23. Oklahoma Office of Homeland Security:
The actual and necessary expenses of travel, lodging, and
subsistence incurred by the Oklahoma Homeland Security Direc tor, as
a result of the duties and responsibilities of the Director, shall
be paid or reimbursed by the Oklahoma Office of Homeland Security.
25. 24. The Grand River Dam Auth ority:
The actual and necessary expenses of travel and lodging incurred
by the Board of Directors and other employees of the district in the
performance of their duties for the Grand River Dam Authority shall
be paid or reimbursed by the district to each D irector or employee
incurring the expenses. The expenses shall be approved by the
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General Manager of the Grand River Dam Authority prior to payment or
reimbursement.
26. 25. The Native American Cultural and Educational Autho rity:
The actual and necessary exp enses incurred by the Directors and
employees of the Native American Cultural and Educational Authority
in performances of duties . The expenses shall be appro ved by the
Director prior to payment or reimbursement.
27. 26. Oklahoma Department of Career and Tec hnology Education:
The actual and necessary expenses incurred by the Director and
other employees of the Department, authorized by the Director, for
the purpose of business recruitment, training, and the provision of
technical assistance shall be reimburse d. Reimbursement of expenses
shall be in accordance with rules adopted by the State Board of
Career and Technology Education. Expenses claimed, prior to the
reimbursement, will be reviewed by the Board and individual ly
approved or disapproved.
28. 27. Oklahoma Military Department:
The actual and necessary travel expenses incurred by the
Director, other employees of the Department and persons performing
substantial and necessary services to the state in support of the
Oklahoma National Guard shall be reimbur sed to the individual
incurring such expenses. The expenses claimed shall be approved by
the Director or Chief Financial Officer prior to reimbursement.
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C. The agencies listed in subsection B of this section shall be
required to report annually the actual exp enses excepted or exempted
from Sections 500.1 through 500.18 of this title to the Governor,
the President Pro Tempore of the Senate, a nd the Speaker of the
House of Representatives. The report shall be submitted no later
than the first day of September f ollowing the end of each fiscal
year.
SECTION 77. AMENDATORY 82 O.S. 2021, Section 1020.2, is
amended to read as follows:
Section 1020.2. A. It is hereby declared to be the public
policy of this state, in the interest of the agric ultural stability,
domestic, municipal, industrial and other ben eficial uses, general
economy, health and welf are of the state and its citizens, to
utilize the ground water resources of the state, and for that
purpose to provide reasonable regulations for the allocation for
reasonable use based on hydrologic surveys of fresh ground water
basins or subbasins to det ermine a restriction on the production,
based upon the acres overlying the ground water basin or su bbasin.
B. The provisions of Section 1020.1 et seq. of this title shall
not apply to the taking, using or disp osal of salt water associated
with the exploration, production or recovery of oil and gas. The
provisions of this act shall not apply to the taking, using or
disposal of water trapped in produ cing mines outside of a sensitive
sole source groundwater basin or subbasin.
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C. Except as provided for in sub section E of this section, the
provisions of this act shall not apply to the taking, using or
disposal of water trapped in producing mines:
1. That overlie a sensiti ve sole source groundwater basin or
subbasin and have been were permitted by the Oklahoma Depar tment of
Mines as of August 1, 2011;
2. That overlie a sensitive sole source groundwater basi n or
subbasin for which an initial application for a permit shall h ave
been filed with the Oklahoma Department of Mines as of August 1,
2011; or
3. That overlie a sensitive sole source groundwater basin or
subbasin and for which a permit revision is appro ved by the Oklahoma
Department of Mines Environmental Quality.
Provided that the use of mine pit water, pursua nt to a site-
specific water management and conservation plan prepared in
consultation with the Oklahoma Water Resources Board, by mines that
are exempted from this act by the terms of this subs ection and in
furtherance of mine operations and associated man ufacturing and
commercial activities on the mine site, shall be considered as
permitted beneficial uses for all purposes under the laws of the
state.
D. 1. Except with respect to the mines ex empted from the term s
of this act under subsections B and C of this section, the Oklahoma
Water Resources Board, in coordination with the Oklahoma Department
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of Mines Environmental Quality , shall promulgate ru les for the
taking, using or disposal of water collecting in produc ing mine pits
and emanating from a sensitiv e sole source groundwater basin or
subbasin.
2. The rules promulgated by the Oklahoma Water Res ources Board
shall require, subject to a de minimi s exemption to be promulgated
therein, the development by the mine operator of provisions relating
to the augmentation (a beneficial use) of stream flow or
groundwater, and of site -specific water management and conservation
plans, which plans shall establi sh threshold hydrologic monitoring,
management and mitigation requi rements that are based on relevant
hydrologic surveys and investigations of the sensitive sole source
groundwater basin or subbasin. Such plans submitted to the Oklahoma
Water Resources Board shall be subject to the provisions of the
Oklahoma Open Records Act.
3. The rules promulgated by the Okla homa Water Resources Board
shall contain provisions relating to augmentation of stream flow or
groundwater, or both, to offset consumptive use of groundwater
collecting in the producing mine pi t that emanates from a sensitive
sole source groundwater basin or subbasin in amounts greater than
the equal proportionate share of the maximum annual yield of the
groundwater basin or subbasin established by the Oklahoma Water
Resources Board that may be allocated to the own er or operator of
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the producing mine based on groundwater rights owned or leased by
the owner or operator.
E. 1. By no later than January 1, 2013, the operator of a mine
that is exempted from this act by the provisions of subsection C of
this section shall adopt and implement a plan to monitor an d report
to the Board the accumulation and disposition of pit water during
the previous calendar year. The operator shall also file with the
Board interim quarterly reports containing informat ion about the
accumulation and disposition of pit water during the previous
quarter. The first interim quarterly report for calendar year 2013
shall be sent to the Board by June 30, 2013, and the annual repor t
for the calendar year 2013 shall be sent to t he Board by March 31 ,
2014. Thereafter, the annual report for each calendar year shall be
sent to the Board by March 31st of the following year. The
monitoring plan will provide for the measurement or reason able
estimation of groundwater and surface wate r volumes, separatel y
stated, entering the pit, of the water di verted from the pit, of the
disposition of the water from the pit, and of the consumptive use,
as defined in this section, of the mine pit water b y the mine
operator. The reports received by t he Board will be sub ject to the
provisions of the Oklahoma Open Records Act. If an operator of a
mine that is exempted from this act by the provisions of subs ection
C of this section fails to timely submit an interim quarterly report
or annual report, the exemption of subsection C of this section
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shall no longer appl y to the mine and the rules promulgated pursuant
to subsection D of this section shall become applicable, provid ed
that such rules shall contain p rovisions to allow the operator to
show cause why the exemption con tained in subsection C of this
section should continue to apply.
2. If, at any time after March 31, 2015, the amount of
groundwater from the pit (plus amo unts of groundwater from permitted
wells, if any) consumptively used in the prece ding twelve (12)
months by the mine operator at a mine described in paragraph 1 of
this subsection exceeds the annual amount that is equivalent to the
equal proportionate share of the maximum annual yield of t he
groundwater basin or subbasin that could be allocated to the own er
or operator of the producing mine based on groundwater rights owned
or leased by the owner or operator, then the exemption of subsection
C of this section sh all no longer apply and the p rovisions of
subsection D of this section shall become applicable to the mine
unless the mine operator submits a site-specific water management
and conservation plan demonstrating, to the satisfaction of the
Board, that such consumptive use of groundwater in amounts greater
than the equivalent equal pr oportionate share ei ther is:
a. offset by augmentation of strea m water flow or
augmentation of groundwater by recharge, or
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b. not likely to reduce the natural flow of springs or
streams emanating from a sensit ive sole source
groundwater basin or subbasin, or
c. satisfied by the owner or operator acquiring
sufficient groundwater rights within ninety (90) days
of the reported exceedance.
The plan submitted to the Board will be subject to the provisions of
the Oklahoma Open Records Act. If the exemption of su bsection C of
this section no longer applies, the rules promulg ated by the
Oklahoma Water Resources Board pursuant to subsection D of this
section shall provide a period of at leas t ninety (90) days to come
into compliance.
3. If an operator of a mine tha t is exempt pursuant to
subsection C of this section operates i n compliance with a site-
specific water management and conservation plan that complies with
rules promulgated by the Board pursuant to subsection D of this
section, the Board cannot otherwise r equire the operator of such
mine to take an action or refrain f rom taking an action that would
effectively prohibit any mining operation or practice that is
otherwise allowed by th e Oklahoma Department of Mines Environmental
Quality.
F. For purposes of th is section, “consumptive use” or
“consumptively used” means diversion of water from a mine pit that
is not returned to the groundwater basin or subbasin, or to a mine
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pit or holding basin, or to a defin ite stream, or to the land
surface from which surface runoff flows into a mine pit. The term
“consumptive use” includes the estimated moisture content driven off
or carried away with the mined material transported off the mining
site, plus the amount of e vaporation from the mine pit that exceeds
the amount of direct precipitati on and surface runoff into the mine
pit, plus any amounts for other proposed beneficial uses off the
mining site.
G. Augmentation of stream flow or groundwater, pursuant to a
site-specific water management and conservation plan prepare d in
consultation with the Oklahoma Water Resources Board, shal l be
considered a beneficial use and not waste, and shall not count
against permitted surface water or groundwater usage, provided that
taking, using or disposal of water from a producing mine for stream
augmentation pursuant to a site-specific water manag ement and
conservation plan prepared in consultation with the Oklahoma Water
Resources Board, may be claimed in annual water use reports as a
beneficial use for purposes of the maintenance of t he right to use
surface water under any permit applicable to su ch mine. The mine
pit shall be considered a diversion point authorized by the surface
water use permit issued to the mine operator wheneve r there is
consumptive use of surface water or the sur face water is used f or
stream augmentation.
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SECTION 78. AMENDATORY 82 O.S. 2021, Section 1020.9C, is
amended to read as follows:
Section 1020.9C. A. For the purposes of this section, a
“subject mine” shall mean a mine, as defined in paragraph 2 of
Section 723 of Title 45 of the Oklahoma Stat utes, that overlies a
sensitive sole source groundwater basin or subbasin, exclusive of
any mine that meets at least one of the following conditio ns:
1. As of November 1, 2019, was engaged in the permitted
extraction of minerals from natural deposits; or
2. Satisfies the criteria of paragraph 1 or 2 of subsection C
of Section 1020.2 of Title 82 of the Oklahoma Statutes this title;
or
3. Is not to be permitted to operate for a period of more t han
five (5) years, with no extensions or renewals; or
4. The operation of which will not result in more than five (5)
acre-feet per year of groundwater emanating from a sensitive sole
source groundwater basi n or subbasin to infiltrate its pit, as that
term is defined in par agraph 12 of Section 723 of Title 45 of the
Oklahoma Statutes.
B. Due to the inadequacy of existing technical resources,
analytic tools and regulatory systems for purposes of the effective
implementation of statutes relating to the ope ration of mines that
may affect sensitive sole source groundwater basins or subbasins,
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the Legislature hereby declares and establishes a moratorium on the
following actions:
1. The Oklahoma Water Resources Bo ard shall not issue any
permit or other adminis trative authorizatio n for the appropriation,
diversion, withdrawal or removal of water from or for the
dewatering, in part or in full, of a pit, as defined in paragraph 12
of Section 723 of Title 45 of the Okl ahoma Statutes, of a subject
mine; and
2. The Board shall not issu e, allocate or recognize, pursuant
to subsection D of Section 1020.2 of Title 82 of the Oklahoma
Statutes this title, Section 785:30-15-5 of the Oklahoma
Administrative Code or any other pr ovision of law, any offset to the
consumptive use of water of a sub ject mine where such offset is
based on a claimed augmentation of stream flow or groundwater.
C. The moratorium shall be in effect until such time as the
Board, working in coordination wit h the Department of Environmental
Quality, the Department of Mines, and East Central University and in
cooperation with federal and tribal governmental agencies with
interests in a subject mine that overlies a sensitive sole source
groundwater basin or sub basin:
1. Completes the Enhanced Monitoring an d Evaluation of
Hydrologic Trends for the Eastern Arbuckle-Simpson Aquifer, South-
Central Oklahoma and, based thereon, develops modeling and other
technical tools capable of accurately measuring and projecting , as a
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matter both of incremental and cumulativ e effect, whether a proposed
withdrawal of groundwater from a sensitive sole source groundwater
basin or subbasin would degrade or interfere with springs and
streams emanating therefrom;
2. Promulgates final rules to integrate the use of such studies
and tools to administrat ive implementation of:
a. waste, degradation and interference analyses required
by subparagraphs c and d of paragraph 1 and
subparagraphs c and d of paragraph 2 of subsection A
of Section 1020.9 of Title 82 of the Oklahoma Statutes
this title,
b. uniform minimum standards and requirements for the
development of, and annual reporting regarding
compliance with, site -specific water management and
conservation plans pursuant to Section 1020.2 of Title
82 of the Oklahoma Statutes this title, with
particular regard to methodologies for calculating
amounts claimed in consumptive use of water and any
claimed augmentation of stream flow or groundwater,
and
c. consultation, review and approval of such site-
specific water management and conservation plans, with
specific provisions for making such consultations,
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reviews and approvals subject to Article 2 of the
Administrative Procedures Act; and
3. Promulgates final rules to provide for effective interag ency
consultation and coordination of activitie s among the Board, the
Department of Mines and the Department o f Environmental Quality on
all administrative matters relating to the operation of mines at
locations that overlie a sensitive sole source groundw ater basin or
subbasin.
D. The Board is hereby authorized and instructed to promulgate
rules to implement the provisions of this section.
E. The Board is hereby authorized to cooperate with federal,
tribal and any other agency in this state in performing its
responsibilities under this section.
SECTION 79. REPEALER 45 O.S. 2021, Sections 1, 1b, 3.1,
31, 32, 41, 46, 47, and 938 , are hereby repealed.
SECTION 80. RECODIFICATION 45 O.S. 2021, Section 1.2, as
amended by Section 9 of this act, shall be recodified a s Section
3001.1 of Title 27A of the Oklahoma Statutes, unle ss there is
created a duplication in numbering.
SECTION 81. RECODIFICATION 45 O.S. 2021, Section 1.3, as
amended by Section 10 of this act, shall be recodified a s Section
3001.2 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numbering.
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SECTION 82. RECODIFICATION 45 O.S. 2021, Section 1.4, as
amended by Section 11 of this act, shall be recodified a s Section
3001.3 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 83. RECODIFICATION 45 O.S. 2021, Section 1.5, as
amended by Section 12 of this act, shall be recodified a s Section
3001.4 of Title 27A of the Oklahoma Statute s, unless there is
created a duplication in numbering.
SECTION 84. RECODIFICATION 45 O.S. 2021, Section 1a, as
amended by Section 13 of this act, shall be recodi fied as Section
3001.5 of Title 27A of the Oklahoma Statutes, unless the re is
created a duplication in numbering.
SECTION 85. RECODIFICATION 45 O.S. 2021, Section 1c, as
amended by Section 14 of this act, shall be recodified a s Section
3001.6 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 86. RECODIFICATION 45 O.S. 2021, Section 1d, as
amended by Section 15 of this act, shall be recodified a s Section
3001.7 of Title 27A of the Oklahoma Statutes, unless there is
created a duplicatio n in numbering.
SECTION 87. RECODIFICATION 45 O.S. 2021, Section 1e, as
amended by Section 16 of this act, shall be recodified a s Section
3001.8 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numb ering.
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SECTION 88. RECODIFICATION 45 O.S. 2021, Section 1f, as
amended by Section 17 of this act, shall be re codified as Section
3001.9 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 89. RECODIFICATION 45 O.S. 2021, Section 2, as
amended by Section 18 of this act, shall be recodified a s Section
3002 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 90. RECODIFICATION 45 O.S. 2021, Section 3, as
amended by Section 19 of this act, shall be recodified a s Section
3003 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 91. RECODIFICATION 45 O.S. 2021, Section 5, as
amended by Section 20 of this act, shall be recodified a s Section
3005 of Title 45 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 92. RECODIFICATION 45 O.S. 2021, Section 6, as
amended by Section 21 of this act, shall be recodified as Section
3006 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 93. RECODIFICATION 45 O.S. 2021, Section 34, as
amended by Section 22 of this act, shall b e recodified as Section
3034 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
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SECTION 94. RECODIFICATION 45 O.S. 2021, Section 44, as
amended by Section 23 of this act, shall be recodified a s Section
3044 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 95. RECODIFICATION 45 O.S. 2021, Section 45, as
amended by Section 24 of this act, shall be recodified as Section
3045 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 96. RECODIFICATION 45 O.S. 2021, Section 46.1,
as amended by Section 25 of this act, shall be recodified as Section
3046.1 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 97. RECODIFICATION 45 O.S. 2021, Section 48, as
amended by Section 26 of this act, shall be recodifi ed as Section
3048 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 98. RECODIFICATION 45 O.S. 2021, Section 723, as
amended by Section 27 of this act, shall be recodified a s Section
3723 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 99. RECODIFICATION 45 O.S. 2021, Section 724, as
amended by Section 28 of this act, shall be recodified a s Section
3724 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
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SECTION 100. RECODIFICATION 45 O.S. 2021, Section 725,
as amended by Section 29 of this act, shall be recodified as Section
3725 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 101. RECODIFICATION 45 O.S. 2021, Section 727,
as amended by Section 30 of this act, shall be recodified a s Section
3727 of Title 27A of the Oklahoma Statutes , unless there is created
a duplication in num bering.
SECTION 102. RECODIFICATION 45 O.S. 2021, Section 728,
as amended by Section 31 of this act, shall be recodified a s Section
3728 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 103. RECODIFICATION 45 O.S. 2021, Section 729,
as amended by Section 32 of this act, shall be recodified a s Section
3729 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 104. RECODIFICATION 45 O.S. 2021, Section 731,
as amended by Section 33 of this act, shall be recodified as Section
3731 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 105. RECODIFICATION 45 O.S. 2021, Section 732,
as amended by Section 34 of this act, shall be recodified a s Section
3732 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
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SECTION 106. RECODIFICATION 45 O.S. 2021, Section 733,
as amended by Section 35 of this act, shall be recodified a s Section
3733 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 107. RECODIFICATION 45 O.S. 2021, Section 734,
as amended by Section 36 of this act, shall be recodified a s Section
3734 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 108. RECODIFICATION 45 O.S. 2021, Section 735,
as amended by Section 37 of this act, shall be recodified as Section
3735 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 109. RECODIFICATION 45 O.S. 2021, Section 738,
as amended by Section 38 of this act, shall be recodified a s Section
3738 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 110. RECODIFICATION 45 O.S. 2021, Section 742.1,
as amended by Section 39 of this act, shall be recodified a s Section
3742.1 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 111. RECODIFICATION 45 O.S. 2021, Section 742.2,
as amended by Section 40 of this act, shall be recodified as Section
3742.2 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numbe ring.
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SECTION 112. RECODIFICATION 45 O.S. 2021, Section 745.1,
as amended by Section 41 of this act, shall b e recodified as Section
3745.1 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 113. RECODIFICATION 45 O.S. 2021, Section 753,
as amended by Section 42 of this act, shall be recodified as Section
3753 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 114. RECODIFICATION 45 O.S. 2021, Section 767,
as amended by Section 43 of this act, shall be recodified as Section
3767 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 115. RECODIFICATION 45 O.S. 2021, Section 768,
as amended by Section 44 of this act, shall be recodified as Section
3768 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 116. RECODIFICATION 45 O.S. 2021, Section 769,
as amended by Section 45 of this act, shall b e recodified as Section
3769 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 117. RECODIFICATION 45 O.S. 2021, Section 775,
as amended by Section 46 of this act, shall be recodified a s Section
3775 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
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SECTION 118. RECODIFICATION 45 O.S. 2021, Section 780,
as amended by Section 47 of this act, shall be recodified a s Section
3780 of Title 27A of the Oklahoma Statutes, unless there i s created
a duplication in numbering.
SECTION 119. RECODIFICATION 45 O.S. 2021, Section 786,
as amended by Section 48 of this act, shall be recodified a s Section
3786 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 120. RECODIFICATION 45 O.S. 2021, Section 787,
as amended by Section 49 of this act, shall b e recodified as Section
3787 of Title 27A of the Oklahoma Statut es, unless there is created
a duplication in numbering.
SECTION 121. RECODIFICATION 45 O.S. 2021, Section 852,
as amended by Section 50 of this act, shall be recodified a s Section
3852 of Title 27A of the Oklahoma Statutes, unless the re is created
a duplication in numbering.
SECTION 122. RECODIFICATION 45 O.S. 2021, Section 901,
as amended by Section 51 of this act, shall be recodified a s Section
3901 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 123. RECODIFICATION 45 O.S. 2021, Section 902,
as amended by Section 52 of this act, shall be recodified a s Section
3902 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
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SECTION 124. RECODIFICATION 45 O.S. 2021, Section 903,
as amended by Section 53 of this act, shall b e recodified as Section
3903 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 125. RECODIFICATION 45 O.S. 2021, Section 904,
as amended by Section 54 of this act, shall be recodified a s Section
3904 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 126. RECODIFICATION 45 O.S. 2021, Section 905,
as amended by Section 55 of this act, shall be recodified a s Section
3905 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 127. RECODIFICATION 45 O.S. 2021, Section 906,
as amended by Section 56 of this act, shall be recodified a s Section
3906 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 128. RECODIFICATION 45 O.S. 2021, Section 907,
as amended by Section 57 of this act, shall b e recodified as Section
3907 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 129. RECODIFICATION 45 O.S. 2021, Section 911,
as amended by Section 58 of this act, shall be recodified a s Section
3911 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
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SECTION 130. RECODIFICATION 45 O.S. 2021, Section 918,
as amended by Section 59 of this act, shall be recodified as Section
3918 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 131. RECODIFICATION 45 O.S. 2021, Section 931,
as amended by Section 60 of this act, shall be recodi fied as Section
3931 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 132. RECODIFICATION 45 O.S. 2021, Section 938.1,
as amended by Section 61 of this act, shall be recodified as Section
3938.1 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 133. RECODIFICATION 45 O.S. 2021, Section 950,
as amended by Section 62 of this act, shall be recodified as Section
3950 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
SECTION 134. RECODIFICATION 45 O.S. 2021, Section 1g,
shall be recodified as Section 3001.10 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 135. RECODIFICATION 45 O.S. 2021, Section 8,
shall be recodified as Section 3008 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
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SECTION 136. RECODIFICATION 45 O.S. 2021, Section 9.1,
shall be recodified as Section 3009.1 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 137. RECODIFICATION 45 O.S. 2021, Section 21.1,
shall be recodified as Section 3021.1 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 138. RECODIFICATION 45 O.S. 2021, Section 33,
shall be recodified as Section 3033 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 139. RECODIFICATION 45 O.S. 2021, Section 37,
shall be recodified as Section 3037 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 140. RECODIFICATION 45 O.S. 2021, Section 40,
shall be recodified as Section 3040 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 141. RECODIFICATION 45 O.S. 2021, Section 43,
shall be recodified as Section 3043 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication i n numbering.
SECTION 142. RECODIFICATION 45 O.S. 2021, Sections 411,
412, 413, 414, 415, 416, 417, 418, an d 419, shall be recodified as
Sections 3411, 3412, 3413, 3414, 3415, 3416, 3417, 3418, and 3419 of
Title 27A of the Oklahoma Statutes, unless there is created a
duplication in numbering.
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SECTION 143. RECODIFICATION 45 O.S. 2021, Section 421,
shall be recodified as Section 3421 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 144. RECODIFICATION 45 O.S. 2021, Section 423,
shall be recodified as Section 3423 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 145. RECODIFICATION 45 O.S. 2021, Section 430,
shall be recodified as Section 3430 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 146. RECODIFICATION 45 O.S. 2021, Sections 434,
435, 436, and 437, shall be recodified as Section s 3434, 3435, 3436,
and 3437 of Title 27A of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 147. RECODIFICATION 45 O.S. 2021, Sections 441
and 442, shall be recodified as Section s 3441 and 3442 of Title 27A
of the Oklahoma Statutes, unless there is create d a duplication in
numbering.
SECTION 148. RECODIFICATION 45 O.S. 2021, Sections 477
and 478, shall be recodified as Sections 3477 and 3478 of Title 27A
of the Oklahoma Statutes, unless the re is created a duplication in
numbering.
SECTION 149. RECODIFICATION 45 O.S. 2021, Sections 501,
502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514,
515, 516, 517, 518, 519, 520, 521, 522, 523, 524, and 525 , shall be
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recodified as Sections 3501, 3502, 3503, 3504, 350 5, 3506, 3507,
3508, 3509, 3510, 3511, 3512, 3513, 3514, 3515, 3516, 3517, 3518,
3519, 3520, 3521, 3522, 3523, 3524, and 3525 of Title 27A of the
Oklahoma Statutes, unless there is created a duplication in
numbering.
SECTION 150. RECODIFICATION 45 O.S. 2021, Section 527,
shall be recodified as Section 3527 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 151. RECODIFICATION 45 O.S. 2021, Sections
528.1, 528.2, and 528.3, shall be recodified as Section s 3528.1,
3528.2, and 3528.3 of Title 27A of the Oklahoma Statutes, unless
there is created a duplication in numbering.
SECTION 152. RECODIFICATION 45 O.S. 2021, Section 529,
shall be recodified as Section 3529 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 153. RECODIFICATION 45 O.S. 2021, Section 580,
shall be recodified as Secti on 3580 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 154. RECODIFICATION 45 O.S. 2021, Sections 603
and 604, shall be recodified as Secti ons 3603 and 3604 of Title 27A
of the Oklahoma Statutes, unless there is created a duplic ation in
numbering.
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SECTION 155. RECODIFICATION 45 O.S. 2021, Section 612,
shall be recodified as Section 3612 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 156. RECODIFICATION 45 O.S. 2021, Sections 614,
615, and 616, shall be recodified as Section s 3614, 3615, and 3616
of Title 27A of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 157. RECODIFICATION 45 O.S. 2021, Sections 721
and 722, shall be recodified as Section s 3721 and 3722 of Title 27A
of the Oklahoma Statutes, unless there is created a duplication in
numbering.
SECTION 158. RECODIFICATION 45 O.S. 2021, Section 726,
shall be recodified as Section 3726 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 159. RECODIFICATION 45 O.S. 2021, Section 730,
shall be recodified as Section 3730 of Title 27A of the Oklahoma
Statutes, unless there is crea ted a duplication in numbering.
SECTION 160. RECODIFICATION 45 O.S. 2021, Section 736,
shall be recodified as Section 3736 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication i n numbering.
SECTION 161. RECODIFICATION 45 O.S. 2021, Sections
740.1, 740.2, 740.3, 740.4, 740.5, 740.6, and 740.7 , shall be
recodified as Section s 3740.1, 3740.2, 3740.3, 3740.4, 3740.5 ,
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3740.6, and 3740.7 of Title 27A of the Oklahoma Statutes, unless
there is created a duplication in numbering.
SECTION 162. RECODIFICATION 45 O.S. 2021, Sections 744
and 745, shall be recodified as Section s 3744 and 3745 of Title 27A
of the Oklahoma Statutes, unless there is cre ated a duplication in
numbering.
SECTION 163. RECODIFICATION 45 O.S. 2021, Sections
745.2, 745.3, 745.4, 745.5, 745.6, 745.7, 745.8, 745. 9, 745.10,
745.11, 745.12, 745.13, 745.14, 745.15, 745.16.1, 745.17, 745.18,
745.19, 745.20, 745. 21, and 745.22, shall be recodified as Section s
3745.2, 3745.3, 3745.4, 3745.5, 3745.6, 3745.7, 3745.8, 3745.9,
3745.10, 3745.11, 3745.12, 3745.13, 3745.14, 3745.15, 3745.16 ,
3745.17, 3745.18, 3745.19, 3745.20, 3745.21, and 3745.22 of Title
27A of the Oklahoma Statutes, unless there is created a duplication
in numbering.
SECTION 164. RECODIFICATION 45 O.S. 2021, Sections 746,
747, 748, 749, 750, 751, 752, 754, 754.1, 754.2, 755, 756, and 75 7,
shall be recodified as Sections 3746, 3747, 3748, 3749, 3750, 3751,
3752, 3754, 3754.1, 3754.2, 3755, 3756, and 3757 of Title 27A of the
Oklahoma Statutes, unless there is created a duplication in
numbering.
SECTION 165. RECODIFICATION 45 O.S. 2021, Sections 760,
760.1, 760.2, and 761, shall be recodified as Section s 3760, 3760.1,
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3760.2, and 3761 of Title 27A of the Oklahoma Statutes, unless there
is created a duplication in numbering.
SECTION 166. RECODIFICATION 45 O.S. 2021, Sections 765
and 766, shall be recodified as Sections 3765 and 3766 of Title 27A
of the Oklahoma Statutes, unless there is created a duplication in
numbering.
SECTION 167. RECODIFICATION 45 O.S. 2021, Sections 770,
771, 772, 773, 774, 776, 777, 778, an d 779, shall be recodified as
Sections 3770, 3771, 3772, 3773, 3774, 3776, 3777, 3778, and 3779 of
Title 27A of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 168. RECODIFICATION 45 O.S. 2021, Sections 781,
782, 783, 784, 785, 788, and 789 , shall be recodified as Sectio ns
3781, 3782, 3783, 3784, 3785, 3788, and 3789 of Title 27A of the
Oklahoma Statutes, unless there is created a duplication in
numbering.
SECTION 169. RECODIFICATION 45 O.S. 2021, Sections 790,
791, 791.1, 792, and 793 , shall be recodified as Section s 3790,
3791, 3791.1, 3792, and 3793 of Title 27A of the Oklahoma Statutes,
unless there is created a duplication in numbering.
SECTION 170. RECODIFICATION 45 O.S. 2021, Section 851,
shall be recodified as Section 3851 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
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SECTION 171. RECODIFICATION 45 O.S. 2021, Section 853,
shall be recodified as Section 3853 of Title 27A of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 172. RECODIFICATION 45 O.S. 2021, Sections 908,
909, and 910, shall be recodified as Sections 3908, 3909, and 3910
of Title 27A of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 173. RECODIFICATION 45 O.S. 2021, Sections 912,
913, 914, 915, 916, 917, and 919, shall be recodified as Sections
3912, 3913, 3914, 3915, 3916, 3917, and 3919 of Title 27A of the
Oklahoma Statutes, unless there is created a duplication in
numbering.
SECTION 174. RECODIFICATION 45 O.S. 2021, Sections 932,
933, 934, 935, 936, 937, 939, 939.1, and 940, shall be recodified as
Sections 3932, 3933, 3934, 3935, 3936, 3937, 3939, 3939.1, and 3940
of Title 27A of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 175. This act shall become effe ctive July 1, 2023.
SECTION 176. It being immediately necessary for the
preservation of the public peace, health or safety, an emergency is
hereby declared to exist, by reason whereof this act shall take
effect and be in full force from and after its passage and approval.
59-1-865 RD 1/17/2023 4:20:17 PM