Okla. Admin. Code § 460:10-37-3

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

Section 460:10-37-3 - Notices of violation

(a) The Director or authorized representative shall issue a notice of violation if, on the basis of an inspection, he or she finds a violation of 45 O.S. (1981), Section 721 et seq., this Chapter or any condition of a permit imposed under 45 O.S. (1981), Section 721 et seq. , or this Chapter, which does not create an imminent danger or harm for which a cessation order must be issued under Section 460:10-37-2.

(b) A notice of violation issued under this section shall be in writing, signed by the Director or his or her authorized representative, and shall set forth with reasonable specificity:

(1) The nature of the violation;

(2) The remedial action required, which may include interim steps;

(3) A reasonable time for abatement, which may include time for accomplishment of interim steps; and

(4) A reasonable description of the portion of the non-coal surface mining and reclamation operation to which it applies.

(c) The Director or his or her authorized representative may extend the time set for abatement or for accomplishment of an interim step, if the failure to meet the time previously set was not caused by lack of diligence on the part of the person to whom it was issued.

(d) If the operator to whom the notice was issued fails to meet any time set for abatement or for accomplishment of an interim step, the Director or authorized representative shall issue a cessation order under Section 460:10-37-2(b).

(e) The Director or authorized representative shall terminate a notice of violation by written notice to the operator to whom it was issued, when he or she determines that all violations listed in the notice have been abated.

Okla. Admin. Code § 460:10-37-3

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014