SECTION 460:30-5-14. CCB placement: General requirements

(a)   CCB shall be placed in a manner that minimizes damage to air, water, soil, and biological resources as well as damage to human health and private property.

(b)   CCB shall be placed below the surface elevation of pre-existing, undisturbed

ground in excavations that are the result of coal or non-coal mining, or other such configurations as may be approved by the Department.

(c)   CCB shall not be placed within 100 feet of an intermittent or perennial stream.

(d)   CCB shall not be placed within 300 feet downgradient of a public or private groundwater source.

(e)   CCB shall not be placed within 1,000 feet upgradient of a public or private groundwater source, except that the Department may waive or modify these isolation distances if the person demonstrates and the Department finds, in writing, that the following conditions have been met.

(1)   The owners of the public or private water sources in the isolation area have consented, in writing, to the location of the proposed CCB placement area.

(2)   The person storing CCB and each water source owner have agreed, in writing, that the person storing CCB will construct and maintain at the CCB operator's expense a permanent alternative water supply of like quantity and quality at no additional cost to the water source owner if the existing source is adversely affected by the CCB placement area.

(3)   The person storing CCB has demonstrated that a replacement water source is technically and economically feasible and readily available for every public or private water source in the isolation area.

(f)   CCB shall not be placed within 100 feet of a property line, unless the current owner has provided a written consent to the CCB placement area being closer than 100 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.

[Source: Added at 20 Ok Reg 2819, eff 8-26-03; Amended at 28 Ok Reg 2371, eff 9-11-11]