SECTION 460:20-43-47. Subsidence control

(a)   The operator shall either adopt measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands; or adopt mining technology which provides for planned subsidence in a predictable and controlled manner. Nothing in this Subchapter shall be construed to prohibit the standard method of room-and-pillar mining.

(b)   The operator shall comply with all provisions of the approved subsidence control plan prepared pursuant to Section 460:20-31-13 of this Chapter.

(c)   The operator shall:

(1)   Correct any material damage resulting from subsidence caused to surface lands, to the extent technologically and economically feasible, by restoring the land to a condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before subsidence; and

(2)   To the extent required under applicable provisions of State law, either correct material damage resulting from subsidence caused to any structures or facilities by repairing the damage or compensate the owner of such structures or facilities in the full amount of the diminution in value resulting from the subsidence. Repair of damage includes rehabilitation, restoration, or replacement of damaged structures or facilities. Compensation may be accomplished by the purchase prior to mining of a non-cancelable premium-prepaid insurance policy.

(3)   The operator shall report to the Department all instances of alleged subsidence within 30 calendar days. The report must be in writing. The report must identify the location of the alleged subsidence in relation to the underground mine workings.

(d)   Underground mining activities shall not be conducted beneath or adjacent to:

(1)   Public buildings and facilities;

(2)   Churches, schools, and hospitals; or

(3)   Impoundments with a storage capacity of 20 acre-feet or more or bodies of water with a volume of 20 acre feet or more, unless the subsidence control plan demonstrates that subsidence will not cause material damage to, or reduce the reasonably foreseeable use of, such features or facilities. If the Department determines that it is necessary in order to minimize the potential for material damage to the features or facilities described above or to any aquifer or body of water that serves as a significant water source for any public water supply system, it may limit the percentage of coal extracted under or adjacent thereto.

(e)   If subsidence causes material damage to any of the features or facilities covered by Subsection (d) of this Section, the Department may suspend mining under or adjacent to such features or facilities until the subsidence control plan is modified to ensure prevention of further material damage to such features or facilities.

(f)   The Department shall suspend underground mining activities under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or perennial streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities.

(g)   Within a schedule approved by the Department, the operator shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine, including the size, configuration, and approximate location of pillars and entries, extraction ratios, measures taken to prevent or minimize subsidence and related damage, areas of full extraction, and other information required by the Department. Upon request of the operator, information submitted with the detailed plan may be held as confidential, in accordance with the requirements of Section 460:20-15-5(d) of this Chapter.

[Source: Amended at 31 Ok Reg 2095, eff 9-12-14]