SECTION 460:25-10-5. Applicability  


Latest version.
  • (a)   Exemptions. Pursuant to Subchapter 1, Section 6, the following persons are exempt from the permitting requirements of this Chapter:
    (1)   Oil and Gas Exploration;
    (2)   Mining operations;
    (3)   Non-Commercial use;
    (4)   Incidental or construction done as an incidental part of a Federal, State, or local government-financed highway or other Federal. State, or local government-financed construction;
    (5)   Duly qualified bomb technicians;
    (b)   The following persons are exempt from permitting requirements of this Chapter, but must comply with this Subchapter and Subchapters 11 through 17.
    (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 conducting , supervising, or controlling of any blasting operations in this State.
    (c)   Any persons purchasing blasting agents or explosives in this State must obtain either a blasting permit or an Affidavit of Permit Exemption.
    (d)   An application for Permit Exemption must be filed with and written notification obtained from the Department of Mines by anyone seeking to qualify as permit exempt.
    (e)   The receipt of an Affidavit of Exemption does not relieve the holder of the responsibility for compliance with all other State and federal laws and requirements.
    (f)   Any persons exempted from the provisions of the Oklahoma Explosives and Blasting Regulations Act pursuant to this Chapter shall be liable for all damages caused by the use of explosives, or blasting agents and blasting operations, which damages shall be recoverable in any court of competent jurisdiction.
[Source: Added at 15 Ok Reg 3975, eff 8-28-98; Amended at 19 Ok Reg 2851, eff 8-27-02]