§ 45-754. Reestablishment of native flora - Length of liability.

A.  The operator shall establish on the regraded areas and all other lands affected, a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except, that introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan.

B.  The operator shall assume the responsibility for successful revegetation for a period of five (5) full years after the last year of augmented seeding, fertilizing, irrigation or other work in order to assure compliance with this section.  In those areas or regions of Oklahoma, where the annual average precipitation is twenty-six (26) inches or less as determined by the most recent National Oceanic and Atmospheric Administration Annual Summary of Climatological Data for Oklahoma, then the operator's assumption of responsibility and liability will extend for a period of ten (10) full years after the last year of augmented seeding, fertilizing, irrigation or other work.  When the Department approves a long-term intensive agricultural postmining land use, the applicable five- or ten-year period of responsibility for revegetation shall commence at the date of initial planting for such long-term intensive agricultural postmining land use.  When the Department issues a written finding approving a long-term, intensive, agricultural postmining land use as part of the mining and reclamation plan, the Department may grant exception to the provisions of subsection A of this section.

Laws 1978, c. 10, § 14, emerg. eff. Feb. 2, 1978; Laws 1979, c. 249, § 26, emerg. eff. June 1, 1979.