SECTION 460:25-1-6. Applicability

(a)   Chapter 25 applies to all uses of explosives and blasting by all persons except those exempted in (b) of this section.

(b)   Exemptions. The following persons are exempt from the requirements of

Chapter 25.

(1)   Oil and Gas Exploration any person engaged in shooting wells or seismographic operations for the purpose of oil and gas production;

(2)   Mining operations any mining operation regulated by Title 45 of the Oklahoma Statutes, which includes Coal and Non-Coal mining;

(3)   Non-Commercial use any persons using explosives or blasting agents for noncommercial use on their own land, owned in fee or by contract, for the removal of trees, rocks and dams or for other normal agricultural purposes;

(4)   Incidental or Construction any person who is using explosives or blasting agents as an incidental part of Federal, State or local government-financed highway or other Federal, State, or local government-financed construction; this exemption shall not apply to contractors of the person who is a party to the government-financed contract;

(5)   Duly qualified bomb technicians of municipal, county, state, and federal law enforcement agencies for transportation, storage or disposal of any explosive chemical, compound or device, when such technician is performing responsibilities for the preservation of public peace, safety, or criminal investigation.

(c)   The following persons are exempt from the permitting requirements of this Chapter, which are contained within Subchapter 3 through Subchapter 9, but must comply with the remaining Subchapters of these rules promulgated by the Oklahoma Mining Commission;

(1)   Any municipalities or counties in this state using any blasting agents, explosives or conducting, supervising or controlling a blasting operation in this state.

(2)   The Department of Transportation in the conducting, supervision or controlling of any blasting operations in this state.

(3)   Contractors of persons using explosives or blasting as an incidental part of government-financed highway construction.

(d)   A request for Permit Exemption with the accompanying Application for Permit Exemption must be filed with a written notification, Affidavit of Permit Exemption, obtained from the Department of Mines by any person seeking to qualify as permit exempt.

[Source: Added at 13 Ok Reg 1111, eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff 8-26-96; Amended at 15 Ok Reg 3975, eff 8-28-98; Amended at 19 Ok Reg 2851, eff 8-27-02; Amended at 21 Ok Reg 2992, eff 7-26-04]