SECTION 460:20-45-47. Subsidence control

(a)   Operator measures to prevent or minimize damage.

(1)   The operator shall either adopt measures consistent with known technology which prevents 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 land; 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.

(2)   If an operator employs mining technology that provides for planned subsidence in

a predictable and controlled manner, the operator must take necessary and prudent measures, consistent with mining method employed, to minimize material damage to the extent technologically and economically feasible to non-commercial buildings and to minimize material damages to such structures are not required if:

(A)   The operator has the written consent of their owners or

(B)   Unless the anticipated damage would constitute a threat to health or safety, costs of such measures exceed the anticipated costs of repair.

(3)   Nothing in this part prohibits the standard method of room-and pillar-mining.

(b)   Operator compliance. 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)   Repair of damage to surface lands. 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)   Promptly repair, or compensate the owner for, material damage resulting from subsidence caused to any non-commercial building or occupied residential dwelling or structure related thereto that existed at the time of mining. If repair option is selected, the operator must fully rehabilitate, restore, or replace the damaged structure. If compensation is selected, the permittee must compensate the owner of the damaged structure for the full amount of the decrease in value resulting from the subsidencerelated damage. The operator may provide compensation by the purchase, before mining, of non-cancelable premium-prepaid insurance policy. The requirements of this paragraph apply only to subsidence-related damage caused by underground mining activities conducted after October 24, 1992.

(3)   Either correct material damages resulting from subsidence caused to any structures or facilities not protected by paragraph (c)(2) of this section by repairing the damage or compensate the owner of the structure or facilities for the full amount of the decrease 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, before mining of a non-cancelable premium-prepaid insurance policy.

(4)   Be governed by a rebuttable presumption of causation by subsidence. The information to be considered in determination of causation is whether damage to protected structures was caused by subsidence from underground mining. All relevant and reasonably available information will be considered by the Department.

(5)   Adjustments of bond amounts for subsidence damage. When subsidence related material damage to land, structures, or facilities protected under paragraph (c)(1) through (c)(3) of this section occurs, or when contamination, diminution, or interruption to a water supply protected under 460:20-45-8(j) occurs, the Department must require the operator to obtain additional performance bond in the amount of the estimated cost of repairs if the operator will be repairing, or in the amount of the decrease in value if the operator will be compensating the owner, or in the amount of the estimated cost to replace the protected water supply if the operator will be replacing the water supply, until the repair, compensation, or replacement is completed within 90 days of the occurrence of damage, no additional bond is required. The Department may extend a 90-day time frame, but not to exceed one year, if the operator demonstrates and the Department finds in writing that the subsidence is not complete, that not all probable subsidence-related material damage has occurred to lands or protected structures, or that not all reasonably anticipated changes have occurred affecting the protected water supply, and that therefore it would be unreasonable to complete within 90 days the repair of the subsidence related material damage to lands or protected structures, or the replacement of the protected water supply.

(6)   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 significantwater source for any public 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 12 Ok Reg 117, eff 9-29-94 through 7-14-95 (emergency); Amended at 12 Ok Reg 3592, eff 10-12-95; Amended at 14 Ok Reg 3480, eff 8-11-97; Amended at 21 Ok Reg 2979, eff 7-26-04; Amended at 23 Ok Reg 3059, eff 7-27-06; Amended at 31 Ok Reg 2095, eff 9-12-14]