Okla. Stat. tit. 27A, § 27A-2-6-111
This is the official text of Okla. Stat. tit. 27A, § 27A-2-6-111, part of Oklahoma’s Stat. tit. 27A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 27A,." Browse the sections below, each linked to its official government source.
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Moratorium on permitting of discharge to water
Official statutory text
emanating from sensitive sole source groundwater basins or
subbasins.
A. For purposes of this section, a "subject mine" shall mean a
mine, as defined in paragraph 2 of Section 723 of Title 45 of the
Oklahoma Statutes, proposed for a location overlying a sensitive
sole source groundwater basin or subbasin, exclusive of any mine
that meets at least one of the following conditions:
1. As of November 1, 2019, is engaged in the permitted
extraction of minerals from natural deposits; or
2. Satisfies the criteria of paragraph 1 or 2 of subsection C
of Section 1020.2 of Title 82 of the Oklahoma Statutes; or
3. Is not to be permitted to operate for a period of more than
five (5) years, with no extensions or renewals; or
4. The operation of which will not result in more than five (5)
acre-feet per year of groundwater emanating from a sensitive sole
source groundwater basin or subbasin to infiltrate its pit, as that
term is defined in paragraph 12 of Section 723 of Title 45 of the
Oklahoma Statutes.
B. Due to the inadequacy of existing technical resources,
analytic tools and regulatory systems for purposes of the effective
implementation of statutes relating to the operation of mines that
overlies a sensitive sole source groundwater basin or subbasin, the
Legislature hereby declares and establishes a moratorium on the
Department of Environmental Quality permitting of any discharge from
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 131
a subject mine to streams fed or supported by water emanating from
sensitive sole source groundwater basins or subbasins.
C. The moratorium shall remain in effect until such time as:
1. The conditions of subsection C of Section 3 of this act have
been satisfied; and
2. The Department of Environmental Quality promulgates final
rules to provide for effective interagency consultation and
coordination of activities among the Department, the Oklahoma Water
Resources Board and the Department of Mines on all administrative
matters relating to the operation of mines at locations that overlie
a sensitive sole source groundwater basin or subbasin.
D. Notwithstanding the moratorium, the Department of
Environmental Quality may issue any new permits, permit
modifications, permit amendments, permit revisions or permit
renewals necessary to maintain compliance or remedy identified
compliance issues pursuant to Title 27A of the Oklahoma Statutes to
operators of any mines lawfully engaged in mining, as defined in
paragraph 3 of Section 723 of Title 45 of the Oklahoma Statutes.
E. The Department of Environmental Quality is hereby authorized
and instructed to promulgate rules to implement the provisions of
this section.
F. The Department of Environmental Quality is hereby authorized
to cooperate with federal, tribal and any other agency in this state
in performing its responsibilities under this section.
subbasins.
A. For purposes of this section, a "subject mine" shall mean a
mine, as defined in paragraph 2 of Section 723 of Title 45 of the
Oklahoma Statutes, proposed for a location overlying a sensitive
sole source groundwater basin or subbasin, exclusive of any mine
that meets at least one of the following conditions:
1. As of November 1, 2019, is engaged in the permitted
extraction of minerals from natural deposits; or
2. Satisfies the criteria of paragraph 1 or 2 of subsection C
of Section 1020.2 of Title 82 of the Oklahoma Statutes; or
3. Is not to be permitted to operate for a period of more than
five (5) years, with no extensions or renewals; or
4. The operation of which will not result in more than five (5)
acre-feet per year of groundwater emanating from a sensitive sole
source groundwater basin or subbasin to infiltrate its pit, as that
term is defined in paragraph 12 of Section 723 of Title 45 of the
Oklahoma Statutes.
B. Due to the inadequacy of existing technical resources,
analytic tools and regulatory systems for purposes of the effective
implementation of statutes relating to the operation of mines that
overlies a sensitive sole source groundwater basin or subbasin, the
Legislature hereby declares and establishes a moratorium on the
Department of Environmental Quality permitting of any discharge from
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 131
a subject mine to streams fed or supported by water emanating from
sensitive sole source groundwater basins or subbasins.
C. The moratorium shall remain in effect until such time as:
1. The conditions of subsection C of Section 3 of this act have
been satisfied; and
2. The Department of Environmental Quality promulgates final
rules to provide for effective interagency consultation and
coordination of activities among the Department, the Oklahoma Water
Resources Board and the Department of Mines on all administrative
matters relating to the operation of mines at locations that overlie
a sensitive sole source groundwater basin or subbasin.
D. Notwithstanding the moratorium, the Department of
Environmental Quality may issue any new permits, permit
modifications, permit amendments, permit revisions or permit
renewals necessary to maintain compliance or remedy identified
compliance issues pursuant to Title 27A of the Oklahoma Statutes to
operators of any mines lawfully engaged in mining, as defined in
paragraph 3 of Section 723 of Title 45 of the Oklahoma Statutes.
E. The Department of Environmental Quality is hereby authorized
and instructed to promulgate rules to implement the provisions of
this section.
F. The Department of Environmental Quality is hereby authorized
to cooperate with federal, tribal and any other agency in this state
in performing its responsibilities under this section.
Status: in_force · Read it on the official government site
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