Oklahoma § 45-950 - Moratorium on issuing permits or amending permits for

§ 45-950. Moratorium on issuing permits or amending permits for

locations overlying sensitive sole source groundwater basins or

subbasins.

A. For 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 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 12 of Section 723 of Title 45 of the

Oklahoma Statutes.

Oklahoma Statutes - Title 45. Mines and Mining

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 operation of mines that

overlies a sensitive sole source groundwater basin or subbasin, the

Legislature hereby declares and establishes a moratorium on the

Department of Mines issuing, in relation to any location overlying a

sensitive sole source groundwater basin or subbasin or in which

groundwater emanating from any sensitive sole 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:

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 the 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; provided, however, on or after 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 shall 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 other authorization to allow

a change in mine ownership or to implement bonding under a permit

issued prior to the effective date of this act, nor shall any permit

amendment or revision issued pursuant to this section be deemed to

render the 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 time as:

1. The conditions of subsection C of Section 3 of this act 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, the Oklahoma Water Resources Board

and the Department of Environmental Quality on all administrative

matters relating to the operation of mines at locations that overlie

a sensitive sole source groundwater basin or subbasin.

Oklahoma Statutes - Title 45. Mines and Mining

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.

Added by Laws 2019, c. 349, § 2, eff. Nov. 1, 2019.

Oklahoma Statutes - Title 45. Mines and Mining