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§ 773. Release of performance bond or deposit--Notice to municipalities--Objections--Hearings--...

Oklahoma Statutes AnnotatedTitle 45. Mines and Mining

Oklahoma Statutes Annotated
Title 45. Mines and Mining
Chapter 8. Mine Reclamation
Coal Reclamation Acts of 1978-1979
45 Okl.St.Ann. § 773
§ 773. Release of performance bond or deposit--Notice to municipalities--Objections--Hearings--Informal conference--Authority of department
A. When any application for total or partial bond release is filed with the Department, the Department shall notify any municipality in which a surface coal mining operation is located by certified mail at least thirty (30) days prior to the release of all or a portion of the bond.
B. Any person with a valid legal interest which might be adversely affected by release of the bond or the responsible administration officer of any federal, state or local governmental agency which has jurisdiction by law or special expertise with respect to any environmental, social or economic impact involved in the operation, or is authorized to develop and enforce environmental standards with respect to such operations, shall have the right to file written objections to the proposed release from bond to the Department within thirty (30) days after the last publication of the above notice. If written objections are filed and a hearing requested, the Department shall inform all the interested parties of the time and place of the hearing, and hold a public hearing in the locality of the surface coal mining operation proposed for bond release within thirty (30) days of the request for such hearing. The date, time and location of such public hearings shall be advertised as frequently as possible by the Department in each issue of a newspaper of general circulation in the locality for two (2) consecutive weeks, and shall hold a public hearing in the locality of the surface coal mining operation proposed for bond release or at the State Capitol Building at the option of the objector within thirty (30) days of the request for such hearing.
C. Without prejudice to the rights of the objectors, to the rights of applicant, or to the responsibilities of the Department pursuant to this section, the Department may establish an informal conference to resolve such written objections.
D. For the purpose of such hearing the Department shall have the authority, pursuant to the Administrative Procedures Act,1 and is hereby empowered to administer oaths, subpoena witnesses, or written or printed materials, compel the attendance of witnesses, or production of the materials, and take evidence including but not limited to inspections of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing required by this act2 shall be made, and a transcript made available on the motion of any party or by order of the Department.

Credits

Laws 1979, c. 249, § 40, emerg. eff. June 1, 1979.

Footnotes

Title 75, § 250 et seq.
Title 45, § 742.1 et seq.
45 Okl. St. Ann. § 773, OK ST T. 45 § 773
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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