Title 45. Mines and Mining
§45-1. Oklahoma Mining Commission - Status - Appointment - Term - Membership - Meetings - Removal - Vacancies - Officers.
A. 1. There is hereby created the Oklahoma Mining Commission. The Commission shall be composed of nine (9) members to be appointed by the Governor with the advice and consent of the Senate.
2. The Commission shall constitute a body corporate of the State of Oklahoma, and exercise by the Commission of the powers conferred by this act shall be deemed and shall be held to be an essential governmental function of the State of Oklahoma.
3. Beginning January 1, 1986, one member shall be appointed for a term of one (1) year (Position One); one member shall be appointed for a term of two (2) years (Position Two); one member shall be appointed for a term of three (3) years (Position Three); one member shall be appointed for a term of four (4) years (Position Four); one member shall be appointed for a term of five (5) years (Position Five); two members shall be appointed for a term of six (6) years (Positions Six and Seven); and two members shall be appointed for a term of seven (7) years (Positions Eight and Nine).
4. After the initial terms, appointments shall be made for seven (7) years. All appointments made for seven-year terms commencing prior to June 1, 1995, are hereby ratified. Each member shall be a qualified elector of this state.
5. The membership shall consist of at least one person with a background in engineering or geology; one person with a background in labor or workers' safety; one person with a background in agriculture or soil conservation; one person with a background in transportation; one person with a background in economic development or banking; one person with a background in public utilities; one person with a background in natural resources; and two persons selected at large. All persons appointed to the Commission must be able to meet, at the time they take the constitutional and statutory oath of office, the provisions in Section 767 of this title, 30 U.S.C. Section 1267(g) and 30 C.F.R. Section 705.
B. The Commission shall meet at least six times annually. A majority of the Commission shall constitute a quorum. Commission members may be removed only for cause.
Whenever a vacancy shall occur, the Governor shall appoint a person to fill the unexpired term of the vacant office. Each member of the Commission shall take and subscribe to the constitutional and statutory oath of office prior to the performance of any duties as a Commission member.
C. The Commission shall reorganize annually by electing a chair, vice-chair and secretary from the membership of the Commission who shall perform, for one (1) year from the date of their election, such duties as shall be prescribed by the Commission.
D. The chair of the Commission or the Director may call a meeting of the Commission at any time and at any place within the state. Only in case of a tie vote shall the Director have the right to vote. Prior to all meetings of the Commission, notice of such meetings shall be in accordance with the applicable state meeting laws.
E. The term "State Mining Board" appearing in the Oklahoma Statutes shall mean the "Oklahoma Mining Commission". The term "Chief Mine Inspector" appearing in the Oklahoma Statutes shall mean "Director of the Department of Mines" in the absence of an appointed Chief Mine Inspector.
Added by Laws 1929, c. 251, p. 322, art. 1, § 1. Amended by Laws 1949, p. 291, § 1, emerg. eff. June 9, 1949; Laws 1965, c. 262, § 1, emerg. eff. June 23, 1965; Laws 1978, c. 123, § 1; Laws 1981, c. 121, § 1, emerg. eff. April 28, 1981; Laws 1981, c. 272, § 8, eff. July 1, 1981; Laws 1982, c. 296, § 1, eff. Sept. 1, 1982; Laws 1983, c. 333, § 15, emerg. eff. June 29, 1983; Laws 1985, c. 239, § 1, eff. Jan. 1, 1986; Laws 1995, c. 326, § 1, emerg. eff. June 8, 1995; Laws 1996, c. 85, § 1, emerg. eff. April 15, 1996.
§451.2. Violation of Board order Notice Hearing Misdemeanor Injunction Action.
A. Whenever the Board determines there are reasonable grounds to believe there has been a violation of any order of the Board adopted pursuant to Title 45 of the Oklahoma Statutes, 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 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 shall afford the alleged violator an opportunity for a hearing in conformity with the Administrative Procedures Act. On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon. The Board shall give written notice of such order to the alleged violator. The order of the Board shall become final and binding on all parties unless appealed to the district court within thirty (30) days after notice of such order has been sent to the parties.
C. Any notice, order or other instrument issued by the Board 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 lastknown address as shown by the files or records of the Board. Proof of such service shall be filed in the office of the Board.
D. Unless otherwise specified by law, any person who violates any of the provisions of Title 45 of the Oklahoma Statutes or who violates any order or determination of the Board promulgated pursuant to this section shall be guilty of a misdemeanor and in addition 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, shall bring an action against any person violating any order or determination of the Board adopted pursuant to Title 45 of the Oklahoma Statutes.
Added by Laws 1982, c. 296, § 3.
§451.3. Hearings Hearing officer Judicial review.
A. All hearings required by the Board may be conducted by the Board itself at aregular or special meeting of the Board or the Board may designate hearing officers who shall have the power and authority to conduct such hearings in the name of the Board at any time and place.
B. Any person aggrieved by a final order or other final determination of the Board may, or the Attorney General on behalf of the state may, petition for a judicial review for rehearing, reopening or reconsideration of the matter, as provided for in Section 317 of Title 75 of the Oklahoma Statutes.
Added by Laws 1982, c. 296, § 4.
§451.4. Inspection of mines Mining records.
The Chief Mine Inspector or his 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 conditions 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.
The Board may require the maintenance of records relating to mining. Copies of such records shall be submitted to the Board on request.
Added by Laws 1982, c. 296, § 5.
§451.5. Rules and regulations.
The Board shall adopt within one hundred and eighty (180) days of the effective date of this act, rules and regulations governing ventilation, underground haulage, hoisting operations, explosives, and such other regulations it may deem necessary to protect the health and safety of persons employed in the mines of this state.
Added by Laws 1982, c. 296, § 6.
§451a. Powers and duties of Commission.
A. The Oklahoma Mining Commission shall be the policydetermining agency for the Department of Mines and shall determine the broad plans and programs for the accomplishment of duties and responsibilities vested by law in said Commission, the Chief Mine Inspector and the Department of Mines, and may in the absence of an appointed Chief Mine Inspector, fix the duties and responsibilities of personnel employed by the Department including, in the absence of an appointed Chief Mine Inspector, the Director of the Department of Mines. It shall have the authority to delegate to its chairman, to 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 provided in the State Travel Reimbursement Act.
B. In addition to other powers and duties specified by law, the Oklahoma Mining Commission shall have the power and duty to:
1. acquire by gift, devise, purchase or otherwise, absolutely or in trust, and to hold and, unless otherwise restricted by the terms of the gift or devise, any real property or real estate or other interest therein as may be necessary in carrying into effect the purpose of this act.
2. enter into contracts and to execute all instruments necessary to fulfill its duties, respecting the protection, preservation, maintenance and operation of such buildings and sites as it may select.
Added by Laws 1985, c. 239, § 2, eff. Jan. 1, 1986. Amended by Laws 1990, c. 266, § 74, operative July 1, 1990.
§451b. Chief Mine Inspector Director.
The chief executive officer of the Department of Mines shall be the Chief Mine Inspector. In the absence of an appointed Chief Mine Inspector the chief executive officer shall be the Director who shall be appointed by the Oklahoma Mining Commission and who shall serve at the pleasure of said Commission and fix his or her duties and compensation. The Director shall be chosen with regard to his or her knowledge, training, experience and ability in administering the functions of the Department. No person shall be appointed Director who has not been a resident and a qualified elector of this state for a period of at least three (3) years preceding appointment.
Added by Laws 1985, c. 239, § 3, eff. Jan. 1, 1986.
§451c. Powers and duties of Director.
Subject to the policies, rules and regulations of the Oklahoma Mining Commission, the Director shall:
1. Be responsible for organizing the Department of Mines in a manner efficiently to achieve the objectives of the Commission;
2. Prepare and submit plans for administering the programs of the Commission;
3. Prepare a personnel schedule, 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.
Added by Laws 1985, c. 239, § 4, eff. Jan. 1, 1986.
§45-1d. Additional powers and duties of Director.
A. The Director of the Department of Mines with the approval of the Commission shall have and is authorized to exercise the following duties:
1. To appoint a miner certification advisory council or other such advisory council as may be required to accomplish government functions; and
2. To provide assistance, advice and counsel to the Commission when requested.
B. Any advisory councils shall meet at such times and places as the members may deem most convenient for the transaction of business. A majority of such councils shall constitute a quorum. Each member of such councils shall be reimbursed for actual and necessary expenses incurred in the discharge of official duties with approval of the Director and the Commission as provided in the State Travel Reimbursement Act.
Added by Laws 1985, c. 239, § 5, eff. Jan. 1, 1986. Amended by Laws 1986, c. 308, § 5, operative July 1, 1986; Laws 1998, c. 364, § 12, emerg. eff. June 8, 1998.
§451e. Oklahoma Miner Training Institute Establishment Faculty and services Director Advisor.
A. There is hereby established the Oklahoma Miner Training Institute. The Oklahoma Miner Training Institute shall administer miner safety training programs and economic development programs to assist the mining industry in this state.
B. The Oklahoma Mining Commission shall contract with the Board of Regents of Eastern Oklahoma State College in Wilburton for facilities, faculty and services necessary for the operation of the Institute including, but not limited to, the services of a Director of the Institute and for the development of appropriate curriculum and other services to be offered by the Institute. 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 this state for a period of at least three (3) years prior to his selection as Director.
D. The Oklahoma Mining Commission shall act in an advisory capacity concerning the operations of the Oklahoma Miner Training Institute.
Added by Laws 1986, c. 308, § 9, operative July 1, 1986. Amended by Laws 1988, c. 235, § 3, operative Oct. 1, 1988.
§451f. Oklahoma Miner Training Institute Duties.
The Oklahoma Miner Training Institute 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;
2. Assist and cooperate with the Oklahoma Mining Commission by conducting examinations of students of the Oklahoma Miner Training Institute applying for certificates of competency issued by the Oklahoma Mining Commission; and
3. Assist the Oklahoma Mining Commission in developing ways to expand existing markets and create new markets for coal and noncoal mining operations and to further the economic development of the mining industry.
Added by Laws 1986, c. 308, § 10, operative July 1, 1986. Amended by Laws 1988, c. 235, § 4, operative Oct. 1, 1988.
§45-1g. Department of Environmental Quality - Regulation of certain mining activities.
Any point source discharge, the disposal of any hazardous waste, as regulated by the Oklahoma Hazardous Waste Management Act, or solid waste, sewage or other wastewater, and any air emission subject to the Oklahoma Clean Air Act, from any mine or mining activity shall be regulated by the Department of Environmental Quality.
Added by Laws 1993, c. 145, § 271, eff. July 1, 1993.
§452. Certificates of competency Violations Examinations Qualification.
A. No person shall act as a mine superintendent, mine foreman, fire boss, shotfirer, certified surface blaster, hoisting engineer or miner without first having obtained a certificate of competency from the Oklahoma Mining Commission. No person shall employ such mine superintendent, mine foreman, fire boss, shotfirer, certified surface blaster, hoisting engineer or miner who does not hold such certificate. Any person who violates the provisions of this subsection, upon conviction, shall be fined not more than One Thousand FiveHundred Dollars ($1,500.00) or be imprisoned in the county jail for a term not more than six (6) months, or both.
B. The examination for a certificate of competency as mine superintendent, mine foreman, fire boss, shotfirer, 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 understands the requirements of the coal mining laws of this state.
Each applicant for mine superintendent, mine foreman, fire boss, certified surface blaster, hoisting engineer or shotfirer shall hold a firstaid certificate issued within one (1) year prior to the date of the examination of the Department by an organization recognized by the Oklahoma Mining Commission.
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 until an examination is held by theDepartment in the region in which the applicant resides. Applicants must successfully answer a written or oral examination pertaining to such requirements and qualifications of underground miners as are determined necessary by the Commission.
D. Certificates of competency shall be granted by the Oklahoma Mining Commission to persons who have given the Department satisfactory evidence 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 experience necessary for certificates of competency are as follows:
1. Shotfirer 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
experience.
7. Practical miner 1 year's practical experience
as a miner or the equivalent
experience as defined by the
Commission.
Provided that the underground experience requirement for mine foreman and the superintendent shall not apply to those positions in surface mining.
F. A student who has completed an accredited twoyear or fouryear mining program shall be credited one (1) year of experience toward a fire boss, mine foreman or superintendent certification.
Amended by Laws 1982, c. 296, § 7; Laws 1985, c. 239, § 6, eff. Jan. 1, 1986; Laws 1986, c. 308, § 6, operative July 1, 1986.
§453. Chief Mine Inspector Assistant Mine Inpectors.
The Chief Mine Inspector shall be a citizen of the United States and shall have been a resident of the State of Oklahoma for the three (3) years prior to his appointment to office. In addition, the Chief Mine Inspector shall have had eight (8) years' actual experience as a practical miner. For the purposes of this section employment as an inspector for the Department of Mines shall be considered practical mining experience. The Chief Mine Inspector shall be appointed by the Governor by and with the consent of the Senate for a term of four (4) years to run concurrently with the term of the Governor. At any time that such office becomes vacant, the Governor shall appoint with the consent of the Senate a successor to complete the unfinished term of office.
The Deputy Chief Mine Inspector shall possess the same residency requirements necessary for the Chief Mine Inspector. The Deputy Chief Mine Inspector shall be appointed by and shall serve at the pleasure of the Governor and shall be under the direction of the Chief Mine Inspector. The Deputy Chief Mine Inspector shall assume all of the duties and responsibilities of the Chief Mine Inspector in the absence of the Chief Mine Inspector.
The assistant mine inspectors shall be appointed by and at all times be under the direction of the Chief Mine Inspector. The assistant mine inspectors appointed to inspect underground mining operations shall have a minimum of three (3) years' practical mining experience, and shall have obtained as a minimum a certificate of competency as a mine foreman.
Amended by Laws 1982, c. 296, § 8.
§453.1. Director of Department of Mines.
In the absence of an appointed Chief Mine Inspector, the Governor shall appoint a Director of the Department of Mines with the advice and consent of the Senate.
The Director of the Department of Mines shall assume the duties and responsibilities of the Chief Mine Inspector until said Chief Mine Inspector is so appointed.
Added by Laws 1985, c. 324, § 8, emerg. eff. July 29, 1985.
§455. Certificates Contents Fees.
Certifications required by this title shall be issued under the signature and seal of the Oklahoma Mining Commission. Such certificates shall bear the date of issuance, full name and age of the recipient and shall designate the position for which the recipient is certified by the Commission. Applications for certificates of competency shall be accompanied with the following fees:
1. Superintendent $20.00
2. Mine foreman 15.00
3. Fire boss 10.00
4. Shotfirer 10.00
5. Certified surface blaster 10.00
6. Hoisting engineer 10.00
7. Practical miner 5.00
Amended by Laws 1982, c. 296, § 9; Laws 1985, c. 239, § 7, eff. Jan. 1, 1986.
§456. Secretary Record of issue of certificates Effect of certificates Notice and list of names.
The Secretary of the Oklahoma Mining Commission shall make a record of the names and addresses of all persons to whom certificates are issued. 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 Director shall advise the Oklahoma Mining Commission as far in advance as possible the date and place of an examination to be held by the Department, and shall, as soon as examination is completed, furnish the Commission a list of the names of all persons who took the examination and persons successfully completing said examination shall be duly notified.
Amended by Laws 1985, c. 239, § 8, eff. Jan. 1, 1986.
§458. Temporary permits.
The Secretary of the Board may, upon the recommendation of at least two other members of the Board, issue a temporary permit to an applicant for a certificate for mine foreman, fire boss, shot firer or hoisting engineer. Said temporary permit shall be valid only until next meeting of the Board or not to exceed thirtyone (31) days.
Laws 1929, c. 251, p. 324, art. 1, § 8; Laws 1949, p. 294, § 7.
§45-9.1. Quarrying or mining with use of explosives near schools or churches prohibited - Exceptions.
It shall be unlawful for any person, firm or corporation, individually or in association with others, to establish, open up, commence or carry on any quarrying operation for stone or stone products wherein blasting is required, or to conduct any other quarrying operations for commercial or industrial purposes requiring the use of powder, dynamite, nitroglycerin or other explosives within a minimum distance established by rule or regulation adopted by the Chief Mine Inspector from any established school, church or other house of worship. This section shall not apply to underground mines or to any quarrying or mining plants already constructed or in actual operation before June 19, 1961.
Added by Laws 1961, p. 292, § 1. Amended by Laws 1982, c. 181, § 1, emerg. eff. April 20, 1982. Renumbered from § 1370 of Title 21 by Laws 1995, c. 344, § 35, eff. Nov. 1, 1995.
NOTE: Laws 1982, c. 127, § 1 repealed by Laws 1983, c. 31, § 1, emerg. eff. April 20, 1983.
§4521.1. Mining districts.
It shall be the duty of the Chief Mine Inspector to create mining districts for the assistant mine inspectors to carry out their duties under the law. The boundaries of such districts shall be drawn so that the inspection of the mines insures the full compliance with laws related to the health and safety of miners and the reclamation of lands affected by surface mining.
Laws 1981, c. 121, § 2, emerg. eff. April 28, 1981.
§4531. Chief Mine Inspector Annual report to Governor.
On or before the first day of August of each year, the Chief Mine Inspector shall submit to the Governor a report on the various systems of mining practiced in the state, methods of mine ventilation, type of machinery employed, and such other matters as may pertain to the general welfare of the public, miners and others connected with mining.
Amended by Laws 1982, c. 296, § 10.
§4532. Examinations of mines.
The Chief Mine Inspector shall, from time to time, make such examinations of any mine or mines in the state necessary for the proper enforcement of the mining laws.
Laws 1929, c. 251, p. 325, art. 3, § 2.
§4533. Journal of inspections Official communications Equipment and material.
The Chief Mine Inspector shall keep in his office a journal or record of all inspections, examinations and work done under his administration, and a copy of all official communications and he is hereby authorized to procure, at the expense of the state, such apparatus, instruments and chemicals as may be found necessary for the proper discharge of his duties under this Act. The Legislature shall, from time to time, when necessary, appropriate such funds as may be necessary for the purchase of such equipment and material. All books, records, apparatus, instruments and chemicals pertaining to his office shall be the property of the state and shall be delivered by him to his successor in office and the same shall be exhibited to any and all interested persons at all reasonable times.
Laws 1929, c. 251, p. 325, art. 3, § 3.
§4534. Office Property of state.
The Chief Mine Inspector shall have an office at the seat of government in which he 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 office. All such property shall be kept in accessible and convenient form, in a fire proof vault convenient to his office and furnished by the state, for reference by persons entitled to examine them. The Chief Mine Inspector shall not permit such maps, plans, records and papers to be removed from his office.
Laws 1929, c. 251, p. 326, art. 3, § 4.
§4537. Withdrawal of person's from dangerous mine Violations Penalties.
The Chief Mine Inspector or assistant mine inspector is authorized to temporarily withdraw all persons from a dangerous mine or portion thereof. Any owner, operator, lessee or agent who impedes, hinders, or obstructs, either directly or indirectly, the Chief Mine Inspector or assistant mine inspector from carrying out duties required by this section, upon conviction, shall be guilty of a misdemeanor and shall be fined not more than Two Thousand Five Hundred Dollars ($2,500.00) or imprisoned in the county jail for not more than thirty (30) days, or both.
Any mine employee who neglects to comply with an order of the Chief Mine Inspector or assistant mine inspector temporarily withdrawing persons from the mine, upon conviction, shall be guilty of a misdemeanor and shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than thirty (30) days, or both.
Amended by Laws 1982, c. 296, § 11.
§4540. Obstruction of inspectors Penalty.
Every person who willfully obstructs the Chief Mine Inspector or district mine inspector, in the execution of his duties under this Act shall be guilty of a misdemeanor and upon conviction he shall be punished as hereinafter provided.
Laws 1929, c. 251, p. 328, art. 3, § 10.
§4541. Disputes between operators and miners.
In case of dispute between operators and miners on the proper interpretation of rules, regulations, and laws in relation to mines and subjects relating thereto and providing for the health and safety of persons employed therein, and the dispute is filed in formal written form with the Department of Mines, the Chief Mine Inspector shall call a meeting of the Mining Board to review the dispute. An opinion of the proper interpretation of the disputed rule, regulation, or law, concurred in by a majority of the Mining Board, shall be binding upon the mining department to enforce, and the operators and miners must abide by the opinion unless the opinion of the Mining Board is at variance with an opinion of interpretation by the Attorney General of the intent of the rule, regulation, or law. In case the opinion of the Attorney General is at variance with the opinion of the Mining Board, then all parties must abide by the opinion of the Attorney General, except that all parties shall have recourse to courts of this state.
In case operators or miners shall file formal written charges with the Department of Mines that any law or laws in relation to mining and subjects relating thereto and providing for the health and safety of persons employed therein have been violated, the Chief Mine Inspector shall call the parties involved before the Mining Board to hear the evidence for and the defense against said charges. By majority vote the charges are valid and true.
Laws 1965, c. 262, § 4, emerg. eff. June 23, 1965.
§4543. Legal assistance.
The Chief Mine Inspector is hereby authorized to employ two (2) attorneys as needed, within the total employee limit authorized, on a full or parttime basis, to advise the Chief Mine Inspector and other agency personnel on legal matters and to appear for and represent the Chief Mine Inspector in administrative hearings and other legal actions and procedures. Provided it shall continue to be the duty of the Attorney General to give his official opinion to the Chief Mine Inspector and to prosecute and defend actions therefore, if so requested.
Added by Laws 1982, c. 266, § 4, emerg. eff. May 14, 1982; Amended by Laws 1985, c. 324, § 5, emerg. eff. July 29, 1985.
§4544. Special counsel in certain proceedings involving Attorney General.
If the Attorney General shall seek redress on behalf of the state as provided for in the Administrative Procedures Act, the Oklahoma Mining Commission is empowered to appoint a special counsel for such proceedings.
Added by Laws 1985, c. 239, § 10, eff. Jan. 1, 1986.
§4545. Study of mining laws Recommendations and proposed legislation.
In addition to its other powers, the Oklahoma Mining Commission 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, objectives and recommendations of the Commission, and to make recommendations and prepare proposed legislation for such purposes. 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.
Added by Laws 1985, c. 239, § 11, eff. Jan. 1, 1986.
§4546. Market study and sulfur emissions standards study Recommendations.
The Oklahoma Mining Commission is authorized and directed, within the limits of funds available to it, to study ways to expand existing markets and create new markets for Oklahoma coal and other minerals, to study the impact of sulfur emission standards on burning of Oklahoma mined coal, and to make recommendations to the Governor and Legislature for such purposes in a current and updated report by February 1, 1988.
Added by Laws 1985, c. 239, § 12, eff. Jan. 1, 1986. Amended by Laws 1986, c. 119, § 1; Laws 1987, c. 208, § 88, operative July 1, 1987; Laws 1987, c. 236, § 93, emerg. eff. July 20, 1987.
§45-46.1. Acid mine drainage.
The Department of Environmental Quality, in cooperation with the Department of Mines is authorized and directed, 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 remediate 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 Environmental 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, and educational institution within this state implementing water quality projects which pertain to acid mine drainage shall coordinate and cooperate with the Department of Environmental Quality and the Department of Mines to implement the provisions of this section. The Department of Environmental Quality and the Department of Mines shall make every effort to obtain full cooperation and coordination from any federal agency which implements any project pertaining to acid mine drainage.
Added by Laws 1998, c. 351, § 1, emerg. eff. June 5, 1998.
§4547. Funding of activities.
Funding for the Oklahoma Mining Commission's activities shall be derived from funds appropriated to the Department of Mines for operating expenses. Funds required for any third party studies called for by a majority vote of the Commission members shall come from contributions by the mining and related industries, public and foundations, as well as those funds made available by the Department of Mines.
Added by Laws 1985, c. 239, § 13, eff. Jan. 1, 1986.
§45-48. Borrow pits - Jurisdiction.
The Oklahoma Department of Mines 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.
Added by Laws 1993, c. 232, § 2, eff. July 1, 1993.
§45221. Not to be employed in mines.
In no event shall convicts ever be employed in any mines in this state.
Laws 1929, c. 251, p. 340, art. 16, § 1.
§45361. Terms defined.
When used in this title the following terms, unless otherwise defined, shall be construed to have the following meaning:
1. "Coal" means lignite, subbituminous, cannel, bituminous, semibituminous, semianthracite, anthracite and asphaltic minerals or other hydrocarbons recovered by mining.
2. "Mine" means a quarry, an underground or surface excavation and development with or without shafts, slopes, drifts or tunnels, for the extraction of coal or minerals, with hoisting or haulage equipment and appliances for the extraction of coal or minerals, and shall embrace any and all of the land or property of the mining plant, and the surface and underground, that contribute directly or indirectly to the mining properties, concentration or handling of coal or minerals.
3. "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 substances but excludes oil, gas and any other mineral found naturally in a liquid or gaseous state.
Amended by Laws 1982, c. 296, § 12.
§45-395. Repealed by Laws 1998, c. 364, § 38, emerg. eff. June 8, 1998.
§45406. Establishment Research Supervision Cooperation with federal agencies.
There is hereby established at McAlester, Oklahoma, a coal experiment station where there shall be carried on research in the mining of coal, more uses of coal and other matters affecting the coal industry. Such station shall be under the supervision of the Chief Mine Inspector who is hereby authorized to employ and fix the duties and compensation of such personnel, and to incur other expenses as he deems necessary to carry on such research; and he may accept and use grants of Federal funds and other gifts for such purpose. He shall cooperate with the U.S. Bureau of Mines and other federal agencies in carrying on such research.
Laws 1957, p. 423, § 1, eff. May 31, 1957.
§45411. Definitions.
The words defined in this section shall have the following meaning when found in this act, towit "mines" mean mines in the State of Oklahoma wherein lead, zinc or other metals are sought or produced. "Operator" means the person, individual or corporation charged with the responsibility of management and control of mining. "Mine Inspector" means the Chief Mining Inspector of this state and the deputy or assistant mining inspector provided by law for the district in which the mining operation is located, except where the context specifies the deputy or assistant mining inspector.
Laws 1929, c. 42, p. 45, § 1.
§45412. Mine inspectors Duties.
The Mine Inspector of said mines in addition to other duties and powers herein conferred, shall be and he is hereby authorized, empowered and directed to examine carefully all places and conditions where employees work in said mines. Where said Mine Inspector finds a condition existing in any of said mines either on the surface or underground, which makes the said mine a dangerous, unsafe or unusually unhealthful place for employees to work he shall, subject to the right of review hereinafter provided, serve notice in writing on the operator of said mine so affected, specifying in detail the things to be done to correct such condition making said mine a dangerous, unsafe or unusually unhealthful place for employees to work. This notice shall specify the time in which such required acts shall be done by the operator of said mine. A failure or refusal of said operator to correct the condition existing in said mine as set forth in the written notice of said Mine Inspector or as modified on review in accordance with the further provisions of this act shall be a misdemeanor and punished as hereinafter provided.
Laws 1929, c. 42, p. 46, § 2.
§45413. Mine inspector to require compliance with act.
It shall be the duty of the Mine Inspector of said mines to see that the provisions of this act are complied with and to require the operators of said mines to meet the requirements of this act. His demands shall at all times be in writing delivered to the operator and specifying therein the things or acts to be done.
Laws 1929, c. 42, p. 46, § 3.
§45414. Examination and inspection of mines Time and manner.
It shall be the duty of the Mine Inspector from time to time to enter and examine any and all said mines in the State of Oklahoma and to inspect any and all machinery and equipment used in connection therewith, either underground or on the surface and including any mill, concentrating plant or tailing mill used in preparation of the product for market. And the operator shall at all reasonable times, while in operation, upon request furnish necessary facilities for such entry and examination. Such inspection shall be done at a time and in a manner so as not to obstruct or hinder the operation of said mine or mines except that in case of emergency where the life or safety of employees is in imminent peril, the Inspector shall make immediate examination and it shall in such case of emergency be the duty of the operator upon request of the Inspector to furnish the use of any installed equipment for his assistance in making said examination. A failure of said operator to perform any duty imposed in this section shall be a misdemeanor and be punished as such as hereinafter provided.
Laws 1929, c. 42, p. 46, § 4.
§45415. Dangerous conditions Additional shafts.
The Mine Inspector is hereby authorized, empowered and directed to thoroughly inspect all underground excavations in all said mines as often as the Inspector may deem proper, to ascertain the condition of said underground excavations with respect to the safety of all employees working in such underground excavation; and, if after such examination the Inspector shall find that the safety of the employees engaged in working in such excavations is imperiled by reason of there being only one shaft or outlet by which a distinct means of ingress and egress is always available to such employees, it shall be the right and duty of such Inspector to immediately notify the operator of such mine, in writing, specifying the particular underground excavations so found to be dangerous, and direct the operator to, within thirty (30) days after receiving such notice, commence to sink another shaft or provide another outlet for such underground excavation and prosecute the sinking of such shaft or the securing of another outlet with all due diligence until the same is completed. And the Mine Inspector aforesaid shall have the power if he deems it for the safety of the employees, to order the operator of said mine to withdraw all employees engaged in working in such underground excavations so found to be unsafe or dangerous, until such other shaft or outlet shall have been completed, or until further notified by such Inspector.
Laws 1929, c. 42, p. 46, § 5.
§45416. Health of employees Underground excavations Ventilation.
The Mine Inspector is hereby authorized, empowered, and directed to thoroughly inspect all underground excavations in all said mines as often as he may deem proper, from and after the passage and approval of this act, and ascertain the condition of such underground excavations, and, if after such examination, the Inspector shall find in any such mine or mines that the health of the employees is impaired by reason of there not being sufficient circulation of air or ventilation for such employees, it shall be the duty of such Inspector to immediately notify the operator of such mine or mines, in writing, specifying the underground excavations so found to be unhealthful, and direct such operator of such mine to, within fifteen (15) days after receiving such written notice, commence to drill a sufficient number of holes to such underground excavation, or to sink a shaft to connect with such underground excavation, or to make drift connection with a contiguous mine, as may furnish a sufficient ventilation for such mine or mines and to prosecute the work of correcting such defect in ventilation, with all due diligence until completed. And the Inspector shall have the power where and when the condition as aforesaid is such as to be injurious to the health of said employees, if he deems it for the best interest of the employees engaged in working in such underground excavations, so affected by such notice, to require all work and operations in such mine or mines to cease until such defect in ventilation shall have been corrected, or until further notified by such Inspector. During the process of shaft sinking fresh air shall be supplied from the surface. During the process of drifting or development for ventilation, forced ventilation shall be provided and sufficient ventilation shall be supplied in all dead ends. Where operations are carried on at a shaft not connected with any mine or shaft, ventilation shall be supplied from the surface by means of a fan through a conductor down the shaft or down one or more drill holes connected with the underground workings.
Laws 1929, c. 42, p. 47, § 6.
§45417. Dust Water lines Sprinkling attachments.
The Mine Inspector is hereby authorized, empowered and directed to thoroughly inspect all underground excavations in all such mines as often as such Inspector may deem proper, for the purpose of ascertaining or discovering in the air in any such mine or mines the presence of dust in such quantities as shall be injurious to the health of the employees engaged in working in such underground excavations; and upon finding dust in the air of any such mine or mines in quantities exceeding three hundred particles per cubic centimeter, as shall tend to injure the health of the employees of such mine, such Inspector shall immediately notify the operator of such mine or mines, in writing, specifying the underground excavation so found to contain dust particles in excessive amounts, as aforesaid in the air thereof, and such operator of such mine or mines shall within fifteen (15) days after receiving such written notice, provide, install, and equip, and thereafter at all times maintain in such mine, a water line fully equipped, and in good serviceable working order and repair, leading up to the face of any and all drifts where dust is produced, or so close to the face of said drifts so that by the use of a suitable hose extension or sprinkling attachments to be supplied by the owner or owners of said mine, the mineral or earth in and adjoining the face of the drift or drifts of such mine can be sprinkled or wet by water from said pipeline; thereupon and thereafter, every person drilling, squibbing or blasting in said mine shall keep the face, surface, and drill holes in said drifts or drift wet or moist by the use of water from said water line to such an extent in such a way as shall prevent, as far as possible, any dust raising from the working of any such face, or from the drilling, blowing, or shooting of any hole or holes; and the ground foreman in charge of the underground workings in any such mine or mines, so equipped with a water line, shall require all ground or dirt after being shot or blasted to be thoroughly wet or sprinkled to such an extent as shall prevent, as far as is practicable any dust from arising therefrom, while the employees are at work therein.
Laws 1929, c. 42, p. 48, § 7.
§45418. Loss of life or injury Duty of operator and inspector.
Whenever loss of life or serious personal injury shall occur in or about any said mines, it shall be the duty of the operator having charge of such mine to report said loss of life or injury without delay to the deputy mine inspector in whose district such mine is situated; and the said inspector shall if he deem it necessary immediately go to the scene of said accident and render such assistance as he may deem necessary for the safety of the men; and the said inspector shall investigate and ascertain the cause of such loss of life or injury and make a report thereof to the Chief Mine Inspector of the State of Oklahoma, a copy of which he shall preserve with the other records of his office.
Laws 1929, c. 42, p. 48, § 8.
§45419. Shaft hoisting engineers Age and experience Duties Loading and unloading.
All shaft hoisting engineers handling men or material must be over twentyone (21) years of age, familiar and experienced with hoisting engines of the design which he is to operate and must have been examined by a reputable physician and be able to show certificate of health from said physician, showing no physical or mental conditions or symptoms that might cause a loss of faculties so as to interfere with the safe and efficient performance of his duty at all times. It shall be the duty of the hoisting engineer to watch over all machinery, including hoisting rope or cable, in his charge and ascertain that all the equipment and conditions are in conformity with the law. In the event of any defect in such equipment, or violation of the law concerning same, he shall immediately report same to the mine superintendent or other person in charge of the mine operation. The hoisting engineer shall, at the beginning of his shift and at the middle of his shift, inspect his hoist equipment, particularly as to the brakes and clutch and test same by at least one complete hoisting trip before men are allowed to enter the tub or shaft conveyance. Where a station man or tub hooker is used in any shaft, it shall be his duty to supervise the loading and unloading of men or material at the bottom of the shaft, and he shall supervise the signaling to the hoisting engineer. The loading and unloading of men at the top of the shaft at the beginning and end of each shift shall be supervised by an employee of the operator.
Laws 1929, c. 42, p. 48, § 9.
§45420. Mine shafts Signaling methods Hoisting regulations.
At all mine shafts there shall be two effective methods of signaling between the surface and the bottom of the shaft and one of such methods shall be a telephone or speaking tube. In hoisting or lowering men to the bottom of the shaft the hoisting engineer shall in all cases give a return signal; and calling, or rapping on metal shall not be accepted as a method of signaling. The hoisting speed shall not exceed five hundred (500) feet per minute when hoisting or lowering men; and no man shall be hoisted above the ground level of the shaft except in case of inspection or repair. And in no case shall more than four men be allowed to ride in a hoisting can or tub at one and the same time; and men shall not be lowered with a loose drum. At the bottom of the shaft, and at each landing in the shaft there shall be installed adequate "skiddoo" or warning signals. No person shall give wrong signals intentionally, or ride on the shaft conveyance without having first given the hoisting engineer the man hoist signal unless such man signal shall have been given by the station man or tub hooker.
Laws 1929, c. 42, p. 49, § 10.
§45421. Shaft collars Cribbing and timbering Pipes and air lines.
All shaft collars shall extend at least eight (8) inches above the immediate surrounding surface and be provided with a clear and stable footing and hand rail on two sides of the shaft. A sufficiently tight fence with a gate to permit access shall inclose the shaft to prevent persons or animals from reaching the shaft collar, and such gate shall be kept closed when access to the shaft is not necessary. The collar of the shaft shall be sufficiently lighted at all times when in use. All shafts sunk after the adoption of this act shall be cribbed or timbered continuously from the top of the shaft to the bottom of the cribbing or timbers. All pipes, air line, and conduits running down the shaft shall be securely fastened. All shaft pumps shall be securely covered. When the ends of tools or material project above the top of the shaft conveyance, the ends shall be securely fastened to the cable, or placed in a receptacle. When electric or compressed air operated hoisting engines are used in sinking shaft, shooting or blasting shall be done by means of an electric battery or current. All abandoned shafts, air shafts, drill holes, and shafts not used for an extended period of time, shall be securely plugged, cased, covered or fenced.
Laws 1929, c. 42, p. 49, § 11.
§45422. Code of signals.
The following code of signals is hereby prescribed when men are being lowered or hoisted, and all said mines shall use same: Two signals to lower men: Three signals to hoist men: Additional signals to meet local conditions and not in conflict with the above, may be added and used by individual operators.
Laws 1929, c. 42, p. 50, § 12.
§45423. Hoisting equipment.
The hoisting equipment shall be of such kind and in such condition as to as nearly assure certainty of operation and ease of control at all times, as is practicable. If electric power be used for hoisting, the hoist shall be equipped with an auxiliary safety brake. All hoisting derricks where swinging dump is used, constructed after the date of the passage and approval of this law, shall be so constructed that at no time during the hoisting operations shall the fastening of the cable to the hook approach nearer than thirtysix (36) inches to the sheive. All hoisting sheives installed after the date of the passage and approval of this law, shall be equipped with a shaft the diameter of which shall be to the conveyance load hoisted not less than one (1) inch to each six hundred (600) pounds per conveyance load. Nonspin wire rope shall be used for hoisting men and material, with a safety factor of six required on new rope based on manufacturer's tables and maximum dead load. Said hoisting rope to be discarded for hoisting purposes when there are six broken wires in one rope lay, or when the wires on the crown are worn sixtyfive percent (65%) of the original diameter. All hoisting hooks shall be of some safety type, and if standard snap hook is used it shall be made of not less than one and onehalf (1 1/2) inch Highgrade iron, and the hook shall be attached to the hoisting cable with thimble and three or more standard clamps, such clamps to be at least eight (8) inches apart.
Laws 1929, c. 42, p. 50, § 13.
§45424. Explosives Storage, transportation, handling and use.
At all said mines in this state, all explosives shall be stored in a magazine placed far enough away from hoisting derricks to insure their remaining intact to case of explosion. All explosives in excess of the amount required for the work of one shift shall be kept