Okla. Admin. Code § 155:15-1-6.1

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

Section 155:15-1-6.1 - Water supply restoration

(a) Any State that has not certified completion of all coal-related reclamation under section 411(a) of SMCRA may expend funds under the Code (30 CFR 872.16, 872.19, 872.23,and 872.31) for water supply restoration projects. For purposes of this section, "water supply restoration projects" are those that protect, repair, replace, construct, or enhance facilities related to water supplies, including water distribution facilities and treatment plants that have been adversely affected by coal mining practices. For funds awarded before December 20, 2006, any uncertified State may expend up to thirty (30) percent of the funds distributed to it for water supply restoration projects.

(b) If the adverse effect on water supplies referred to in this section occurred both prior to and after August 3, 1977, the project shall remain eligible, notwithstanding the criteria specified in the Code (30 CFR 874.12(b)) , if the Commission finds in writing, as part of its eligibility opinion, that such adverse affects are due predominately to effects of mining processes undertaken and abandoned prior to August 3, 1977.

(c) If the adverse effect on water supplies referred to in this section occurred both prior to and after the dates (and under the criteria) set forth under Section 402(g)(4)(B) of SMCRA, the project shall remain eligible, notwithstanding the criteria specified in the Code (30 CFR 874.12(b)) , if the Commission finds in writing, as part of its eligibility opinion, that such adverse effects are due predominately to the effects of mining processes undertaken and abandoned prior to those dates.

(d) Enhancement of facilities or utilities under this section shall include upgrading necessary to meet any local, State, or Federal public health or safety requirement. Enhancement shall not include, however, any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem.

Okla. Admin. Code § 155:15-1-6.1

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