Oklahoma Administrative Code
Title 460 - Department of Mines
Chapter 10 - Non-Coal Rules and Regulations
Subchapter 37 - State Enforcement
Section 460:10-37-7 - Injunctive relief

Universal Citation: OK Admin Code 460:10-37-7

Current through Vol. 42, No. 1, September 16, 2024

(a) The Department may request the Attorney General for the State of Oklahoma to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any order in the district court for the district in which the non-coal surface mining and reclamation operation has been issued has his principal office, whenever that person or his or her agent, in violation of 45 O.S. Section 721 et seq. or this Chapter, does the following:

(1) Violates or fails or refuses to comply with any order or decision of the Department under 45 O.S., Section 721 et seq. or this Chapter;

(2) Interferes with, hinders or delays the Department in carrying out the provisions of 45 O.S., Section 721 et seq. or this Chapter;

(3) Refuses to admit an authorized representative of the Department to a mine;

(4) Refuses to permit inspection of a mine by an authorized representative of the Department;

(5) Refuses to furnish any required information or report;

(6) Refuses to permit access to or copying of any required records; or

(7) Refuses to permit inspection of monitoring equipment.

(b) The Department may pursue civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court for the district in which any unpermitted mining, as referenced in Section 10-37-2(2) of this Subchapter, is located, in which the entity, individuals or agents of said entity, have their principal offices, or in Oklahoma County, to enforce any Department action against the entity, individual, or agents. The Department shall be entitled to recover penalties or fines assessed for mining without a permit from the entity, individuals or agents conducting said mining in violation of 45 O.S. Section 721 et seq, and this Chapter. The Department shall also be entitled to reasonable attorneys fees incurred in enforcing this section. All monies collected pursuant to this section shall be deposited in the Department of Mines Revolving Fund

Amended at 23 Ok Reg 3057, eff 7-27-06

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