Okla. Admin. Code § 460:20-15-6.8

Current through Vol. 42, No. 7, December 16, 2024

Section 460:20-15-6.8 - Eligibility for provisionally issued permits

(a) This section applies to the Applicant which owns or controls a surface coal mining and reclamation operation with:

(1) A notice of violation issued under OAC 460:20-59-4 of this Chapter for which the abatement period has not yet expired; or

(2) A violation that is unabated or uncorrected beyond the abatement or correction period.

(b) The Department will find the Applicant eligible for a provisionally issued permit under this section if Applicant demonstrates that one or more of the following circumstances exists with respect to all violations listed in paragraph (a) of this Section:

(1) For violations meeting the criteria of paragraph (a)(1) of this Section, Applicant certifies that the violation is being abated to the satisfaction of the Department, and the Department possesses no evidence to the contrary.

(2) As applicable, the Applicant, its Operator, and operations that the Applicant or its Operator own or control are in compliance with the terms of any abatement plan (or, for delinquent fees or penalties, a payment schedule) approved by the regulatory agency with jurisdiction over the violation.

(3) The Applicant is pursuing a good faith:

(A) Challenge to all pertinent ownership or control listings or findings under Sections 460:20-15-10.2 through 460:20-15-14.1 of this Subchapter; or

(B) Administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an initial judicial decision affirming the listing or finding and that decision remains in force.

(4) The violation is the subject of a good faith administrative or judicial appeal contesting the validity of the violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.

(c) The Department will consider a provisionally issued permit to be improvidently issued, and must immediately initiate procedures under Sections 460:20-15-9.2 and 460:20-15-10.1 of this Subchapter, to suspend or rescind that permit, if:

(1) Violations included in paragraph (b)(1) of this Section are not abated within the specified abatement period;

(2) The Applicant, its Operator, or operations that the Applicant or its Operator owns or controls does not comply with the terms of an abatement plan or payment schedule mentioned in paragraph (b)(2) of this Section;

(3) In the absence of a request for judicial review, the disposition of a challenge and any subsequent administrative review referenced in paragraph (b)(3) or (4) of this Section affirms the validity of the violation or the ownership or control listing or finding; or

(4) The initial judicial review decision referenced in paragraph (b)(3)(B) or (4) of this Section affirms the validity of the violation or the ownership or control listing or finding.

Okla. Admin. Code § 460:20-15-6.8

Added at 27 Ok Reg 2558, eff 7-25-10