The mining laws of this state shall extend to and govern the operation of clay mines and clay stripping pits in so far as such laws are applicable thereto. The chief of the division of mineral resources management shall adopt, publish, and enforce specific rules particularly applicable to clay mining operations to safeguard life and property in the clay mining industry and to secure safe and sanitary working conditions in such clay mines and clay stripping pits.
Such rules adopted by the chief shall provide that:
(A) Distances between break-throughs in clay mines shall not exceed one hundred feet, unless permission in special cases is granted by the chief, after maps have been filed with the chief showing the method of working and ventilating the same, if such distances would add to increased safety.(B) When, in the opinion of the mine foreperson or deputy mine inspector, line brattices or other approved methods of circulation are necessary to deliver sufficient air to the working face, they shall be provided by the owner, operator, or lessee.(C) Not more than a two days' supply of explosives shall be stored in a clay mine at any one time, and not more than one hundred pounds of explosives shall be stored in any one place at any one time.(D) Charges of explosives shall be made up at least one hundred feet away from any storage place for explosives.(E) There shall be no less than two persons in each working place when shots are being lighted.(F) Misfired shots in clay mines shall be posted on the bulletin board or other conspicuous place available for examination by the workers when shots are fired by other than the loaders.(G) The use of electric blasting caps shall be encouraged as a safety measure. The chief, in assigning deputy mine inspectors, shall designate inspectors who have had experience and are especially qualified in clay mining operations, to examine and inspect clay mining operations and enforce the law relating to such operations.
A person does not need to be certified by the chief as a clay mine foreperson to perform the duties of a foreperson at a clay mine or clay stripping pits. The chief shall not conduct examinations or issue certificates for clay mine forepersons.
Amended by 133rd General Assembly, HB 442,§1, eff. 4/12/2021.Effective Date: 9/5/2001.