§ 60-1-704. Release of Reclamation Bond
Upon satisfactory completion of regrading and revegetation of all disturbed areas except active work areas and access roads needed for oil or gas production, the supervisor shall release one third (1/3) of the reclamation bond. After plugging, and upon final reclamation and satisfactory survival of the vegetation through two (2) growing seasons, the supervisor shall […]
§ 60-1-705. Failure to Perform — Forfeiture of Bond — Securing Performance
Upon failure of any operator to perform site protection or reclamation activities, as required by this chapter, and notice of default, if the default is not cured within a reasonable time by the operator or the surety, if any, on the operator’s bond, the board shall declare the bond forfeited, collect the bond and use […]
§ 60-1-608. Common Law Remedies Preserved
Nothing in this part shall be construed to diminish in any way the common law remedies, including damages, of a surface owner or any other person against the oil and gas developer for the unreasonable, negligent or otherwise wrongful exercise of the contractual right, whether express or implied, to use the surface of the land […]
§ 60-1-701. Measures by Operator at Well Site
At the well site, the operator shall take measures to prevent or minimize soil erosion and pollution of surface waters during the life of the operation. Such measures shall include sediment ponds, berms, diversion ditches, hay bales, and other measures designed to prevent erosion and discharge of pollutants from the well site.
§ 60-1-702. Access Roads
Access roads shall be constructed in such a manner as to reduce erosion to a practical minimum. Any regulations promulgated pursuant to this part concerning access roads shall be guidelines only and shall not be mandatory.
§ 60-1-703. Manner of Accomplishing Reclamation of Disturbed Areas
Reclamation of all disturbed areas shall be accomplished in the following manner: The vegetative cover must be diverse, effective, and permanent. It must be capable of long-term stabilization of the soil and must not impede natural vegetative succession or interfere with surrounding vegetative cover; The permanent reclamation plant species must be capable of self-regeneration and […]
§ 60-1-509. Civil and Criminal Penalties
Any person or operator who violates any of this part or regulations adopted pursuant thereto, or who fails to perform the duties imposed by these provisions or who fails or refuses to obtain a permit as provided herein, or who violates any determination or order promulgated pursuant to this part is liable to a civil […]
§ 60-1-510. Injunctions
When there is reason to believe that a person is violating or is about to violate or has violated any of this part or any permits or orders issued thereunder, the supervisor may institute proceedings in the chancery court of the county in which the alleged violation occurred for injunctive relief to prevent continuance of […]
§ 60-1-511. Part Supplemental
This part shall not operate to repeal or affect any of the laws of the state relating to the pollution of the air or waters thereof, or any conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto.
§ 60-1-601. Short Title
This part shall be known as and may be cited as the “Oil and Gas Surface Owners Compensation Act of 1984.”