Okla. Admin. Code § 155:15-1-7.1

Current through Vol. 42, No. 4, November 1, 2024

Section 155:15-1-7.1 - Rights of entry

(a)Criteria. This Section establishes procedures for entry by the Commission or the Office for reclamation purposes. Under Section 410 of SMCRA, the Commission or the Office pursuant to an approved reclamation program, may use police power, if necessary, to effect entry upon private lands to conduct reclamation activities or exploratory studies if the landowner's consent is refused or the landowner is not available.

(b)Written consent for entry. Written consent from the owner of record and lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the police power will be undertaken only after reasonable efforts have been made to obtain written consent.

(c)Entry and consent to reclaim. The Commission, the Office, or its agents, employees, or contractors may enter upon land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained. If consent is not obtained, then, prior to entry under this section, the Commission or the Office shall find in writing, with supporting reasons that:

(1) Land or water resources have been or may be adversely affected by past coal mining practices.

(2) The adverse effects are at a state where, in the interest of the public health, safety, or the general welfare, action to restore, reclaim, abate, control, or prevent should be taken.

(3) The owner of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices is not known or readily available, or the owner will not give permission for the Commission, the Office, or its agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the effects of past coal mining practices.

(d)Failure to Obtain Consent. If consent is not obtained, the Commission or the Office shall give notice of its intent to enter for purposes of conducting reclamation at least thirty (30) days before entry upon the property. The following procedures should be conducted when providing notice:

(1) Notice to a known owner shall be in writing and mailed return receipt requested with an attached copy of the findings as required by this section.

(2) If the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted in one or more places on the property to be entered where it is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. The notice posted on the property and advertised in the newspaper shall include a statement of where the findings required by this section may be inspected or obtained.

(e)Entry for emergency study or reclamation. The Commission, the Office, its agents, employees, or contractors shall have the right to enter upon any land where an emergency exits and on any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary to protect the public health, safety, or general welfare. Entry requirements are as follows:

(1) Prior to entry under this section, the Office shall make a written finding with supporting reasons that the situation qualifies as an emergency in accordance with section 410 of SMCRA; and

(2) The Office shall not be required to provide notice to the owner prior to entry for emergency reclamation. The Commission or the Office shall make reasonable efforts to notify the owner and obtain consent prior to entry, consistent with the emergency conditions that exist. Written notice shall be given to the owner as soon after entry as practical in accordance with this section.

Okla. Admin. Code § 155:15-1-7.1

Added at 27 Ok Reg 2473, eff 8-2-10