Oklahoma § 45-745.1 - Permits for separate mining operations - Application Forms - Plan of reclamation - Fees - Exemptions

§ 45-745.1. Permits for separate mining operations - Application Forms - Plan of reclamation - Fees - Exemptions

A. It shall be unlawful for any operator to engage in any

mining operations in this state without first obtaining from the

Department 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.

B. Any operator desiring to engage 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 program. Before the approval of 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.

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 mining 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 information including, but

not limited to, all information required by federal law and

regulations for underground coal mining, taking into account the

Oklahoma Statutes - Title 45. Mines and Mining

distinct differences between surface coal mining and underground

coal mining.

D. Each application for a permit under subsections B and C of

this section shall be accompanied by a plan for the reclamation of

the affected land that meets the requirements of the Coal

Reclamation Act.

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 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 permanently terminated, no further

permit fee shall be required of the operator.

F. The provisions of the Coal Reclamation Act 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 federal, state or local government-financed

highway or other construction under regulations established by the

Department.

Amended by Laws 1982, c. 181, § 6, emerg. eff. April 20, 1982; Laws

1989, c. 282, § 3, eff. Nov. 1, 1989,