SECTION 460:10-17-14. Environment, public health and safety conditions of permits  


Latest version.
  •   Each permit issued by the Department shall ensure the following:
    (1)   Permittee shall take all possible steps to minimize any hazardous impact to the environment or public health and safety resulting from non compliance with any term or condition of the permit, including, but not limited to:
    (A)   Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of noncompliance;
    (B)   Immediate implementation of measures necessary to comply; and
    (C)   Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.
    (2)   Appropriate Best Management Practices for sediment and erosion control shall be designed, constructed, and maintained to prevent additional contribution of sediment and erosion control measures to prevent degradation of the environment shall consist of the utilization of proper reclamation methods and sediment control practices including, but not limited to:
    (A)   Grading and backfill material to reduce the rate and volume of runoff;
    (B)   Retaining sediment within the pit and disturbed area.
    (3)   The permittee shall conduct the operations in accordance with any measure specified in the permit as necessary to prevent significant, imminent environmental harm to the health or safety of the public.
    (4)   During the mining operation and reclamation of work, care must be taken to prevent any excessive drainage or accumulation or release of excess water that may damage the adjoining property of other owners.
    (5)   In all excavation of rock, provisions for safety to persons and to adjoining property must be provided including, but not limited to the following requirements:
    (A)   Fencing may be required at any excavation in rock which exceeds twenty feet in depth.
    (B)   Fencing along with "natural barriers" such as swamps, river, and marsh may not be required.
    (C)   Fencing along sides of quarries on natural slopes or where no highwall is present may be required to discourage access to the highwall base of other parts of the quarry. Cultural or other barriers including, but not limited to rock barricades, elevated roadways, railroads and building facades may be accepted by the Department.
[Source: Added at 11 Ok Reg 917, eff 12-23-93 (emergency); Added at 11 Ok Reg 4219, eff 7-25-94]