SECTION 460:20-3-6. Applicability

(a)   Any person who conducts surface coal mining and reclamation operations on non-Indian or non-Federal lands on or after 8 months from the date of approval of the Oklahoma program or implementation of a Federal program shall have a permit issued pursuant to the applicable State or Federal program. However under conditions specified in Section 460:20-15-3 of this Chapter, a person may continue operations under a previously issued permit after 8 months from the date of approval of the State program or implementation of a Federal program.

(b)   These requirements shall be effective and shall apply to each surface coal mining and reclamation operations which is required to obtain a permit under the Act, on the earliest date upon which the Act requires a permit to be obtained except as provided in Subsection (c) below.

(c)   Mine site structures.

(1)   Each structure used in connection with or to facilitate a coal exploration or surface coal mining and reclamation operation shall comply with the performance standards and the design requirements of these regulation, except that–

(A)   An existing structure which meets the performance standards of this Chapter but does not meet the design requirements of the interim program may be exempted from meeting those design requirements by the Department of Mines. The Department of Mines may grant this exemption on non-Indian and non-Federal lands only as part of the permit application process after obtaining the information required by Sections 460:20-27-5 or 460:20-31-5 and after making the findings required in Section 460:20-15-6.

(B)   If the performance standard of the initial regulatory program is at least as stringent as the comparable performance standard of this Chapter, an existing structure which meets the performance standards of the initial regulatory program may be exempted by the Department from meeting the design requirements of this Chapter. The Department may grant this exemption on non-Indian lands only as a part of the permit application process after obtaining the information required by Sections 460:20-27-5 or 460:20-31-5 and after making the findings required in Section 460:20-15-6.

(C)   An existing structure which meets a performance standard of the initial regulatory program which is less stringent than the comparable performance standards of this Chapter or which does not meet a performance standard of this Chapter for which there was no equivalent performance standard in the initial regulatory program shall be modified or reconstructed to meet the performance and design standards of this Chapter pursuant to a compliance plan approved by the Department on non-Indian and non-Federal lands only as a part of the permit application as required in Sections 460:20-27-5 or 460:20-31-5 and according to the findings required by Section 460:20-15-6.

(D)   An existing structure which does not meet the performance standards of the initial regulatory program and which the applicant proposes to use in connection with or to facilitate the coal exploration or surface coal mining and reclamation operation shall be modified or reconstructed to meet the design standards of this Chapter prior to issuance of the permit.

(2)   The exemptions provided in Subparagraphs (1) (A) and (1) (B) shall not apply to:

(A)   The requirements for existing and new waste piles used either temporarily or permanently as dams or embankments; and

(B)   The requirements to restore the approximate original contour of the land.

(d)   Non-federal and non-Indian lands.

(1)   Any operator conducting coal exploration on non-Federal and non-Indian lands on or after the date on which the Oklahoma program is approved shall either file a notice of intention to explore or obtain approval of the Department of Mines, as required by Subchapter 13 of this Chapter.

(2)   Two months after approval of the Oklahoma program coal exploration performance standards in Subchapter 41 shall apply to coal explorations on non-Federal non-Indian lands which substantially disturbs the natural land surface.

[Source: Amended at 12 Ok Reg 3592, eff 10-12-95]