Oklahoma § 45-760 - Mine operators - Duties

§ 45-760. Mine operators - Duties

Each permit issued relating to underground coal mining shall

require the operator to:

1. Adopt measures consistent with known technology in order to

prevent subsidence causing material damage to the extent

technologically and economically feasible. The operator shall

maximize mine stability and maintain the value and reasonably

foreseeable use of surface lands, except in those instances when the

mining technology used requires planned subsidence in a predictable

and controlled manner. Nothing in this paragraph shall be construed

to prohibit the standard method of room and pillar mining;

2. Seal all portals, entryways, drifts, shafts or other

openings between the surface and underground mine working when no

longer needed for the conduct of the mining operations;

3. Fill or seal exploratory holes no longer necessary for

mining, maximizing to the extent technologically and economically

feasible the return of mine and processing waste, tailings and any

other waste incident to the mining operation, to the mine workings

or excavations;

Oklahoma Statutes - Title 45. Mines and Mining

4. Stabilize, with respect to surface disposal of mine wastes,

tailings, coal processing wastes and other wastes in areas other

than the mine workings or excavations, all waste piles created by

the permittee from current operations through construction in

compacted layers including the use of incombustible and impervious

materials if necessary. The operator shall assure that the leachate

will not degrade below water quality standards established pursuant

to applicable federal and state law surface or ground waters. The

operator shall assure that the final contour of the waste

accumulation will be compatible with natural surroundings and that

the site is stabilized and revegetated according to the provisions

of this section;

5. Design, locate, construct, operate, maintain, enlarge,

modify and remove or abandon all existing and new coal mine waste

piles consisting of mine wastes, tailings, coal processing wastes,

or other liquid and solid wastes, and used either temporarily or

permanently as dams or embankments as required by the Department;

6. Establish on regraded areas and all other lands affected, a

diverse and permanent vegetative cover capable of self-regeneration

and plant succession and at least equal in extent of cover to the

natural vegetation of the area;

7. Protect offsite areas from damages which may result from

such mining operations;

8. Eliminate fire hazards and otherwise eliminate conditions

which constitute a hazard to the public health and safety;

9. Minimize the disturbances of the prevailing hydrologic

balance at the minesite and in associated offsite areas and to the

quantity of water in surface ground water systems both during and

after coal mining operations and during reclamation by:

a. avoiding acid or other toxic mine drainage by such

measures as, but not limited to:

(1) preventing or removing water from contact with

toxic producing deposits,

(2) treating drainage to reduce toxic content which

adversely affects downstream water upon being released to

watercourses, and

(3) casing, sealing or otherwise managing boreholes,

shafts and wells to keep acid or other toxic drainage from entering

ground and surface waters, and

b. conducting surface coal mining operations so as to

prevent, to the extent possible using the best technology currently

available, additional contributions of suspended solids to

streamflow or runoff outside the permit area. In no event shall

such contributions be in excess of requirements set by applicable

state or federal law. The operator shall avoid channel deepening or

enlargement in operations requiring the discharge of water from

mines;

Oklahoma Statutes - Title 45. Mines and Mining

10. Operate, with respect to other surface impacts not

specified in this section, including the construction of new roads

or the improvement or use of existing roads to gain access to the

site of such activities and for haulage, repair areas, storage

areas, processing areas, shipping 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, in

accordance with the standards established under this title for such

effects which result from surface coal mining operations. The

Department shall make such modifications in the requirements imposed

by this paragraph as are necessary to accommodate the distinct

difference between surface and underground coal mining;

11. Minimize, to the extent possible using the best technology

currently available, disturbances and adverse impacts of the

operation on fish, wildlife and related environmental values and

achieve enhancement of such resources where practicable; and

12. Locate openings for all new drift mines working acidproducing or iron-producing coal seams in such a manner as to

prevent a gravity discharge of water from the mine.

Laws 1978, c. 10, § 20, emerg. eff. Feb. 2, 1978.