Okla. Admin. Code § 460:25-1-6 - Applicability
(a) Chapter 25
applies to all uses of explosives and blasting by all persons except those
exempted in (b) of this section.
(b)
Exemptions. The following
persons are exempt from the requirements of
Chapter 25.
(1)
Oil and Gas Exploration any person engaged in shooting wells or
seismographic operations for the purpose of oil and gas production;
(2)
Mining operations any mining
operation regulated by Title 45 of the Oklahoma Statutes, which includes Coal
and Non-Coal mining;
(3)
Non-Commercial use any persons using explosives or blasting agents
for noncommercial use on their own land, owned in fee or by contract, for the
removal of trees, rocks and dams or for other normal agricultural
purposes;
(4)
Incidental or
Construction any person who is using explosives or blasting agents as an
incidental part of Federal, State or local government-financed highway or other
Federal, State, or local government-financed construction; this exemption shall
not apply to contractors of the person who is a party to the
government-financed contract;
(5)
Duly qualified bomb technicians of municipal, county, state, and federal law
enforcement agencies for transportation, storage or disposal of any explosive
chemical, compound or device, when such technician is performing
responsibilities for the preservation of public peace, safety, or criminal
investigation.
(c) The
following persons are exempt from the permitting requirements of this Chapter,
which are contained within Subchapter 3 through Subchapter 9, but must comply
with the remaining Subchapters of these rules promulgated by the Oklahoma
Mining Commission;
(1) Any municipalities or
counties in this state using any blasting agents, explosives or conducting,
supervising or controlling a blasting operation in this state.
(2) The Department of Transportation in the
conducting, supervision or controlling of any blasting operations in this
state.
(3) Contractors of persons
using explosives or blasting as an incidental part of government-financed
highway construction.
(d) A request for Permit Exemption with the
accompanying Application for Permit Exemption must be filed with a written
notification, Affidavit of Permit Exemption, obtained from the Department of
Mines by any person seeking to qualify as permit exempt.
Notes
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