§ 27A-2-6-111 — Moratorium on permitting of discharge to water

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 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.

Legislative History

Added by Laws 2019, c. 349, § 1, eff. Nov. 1, 2019.