Okla. Admin. Code § 785:30-15-4

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

Section 785:30-15-4 - Mines with preexisting exemptions

(a) To maintain the exemption, an operator of a mine with a preexisting exemption must:

(1) adopt and implement a plan to monitor and report to the Board the accumulation and disposition of pit water during the previous calendar year; and

(2) make quarterly and annual reports of the measured or reasonably estimated groundwater and surface water volumes, separately stated, entering the pit, of the water that is diverted from the pit, of the disposition of the water from the pit, and of the consumptive use of the water from the pit on or before the deadlines provided by 82 O.S. § 1020.2(E)(1); and

(3) at any time after March 31, 2015 demonstrate to the satisfaction of the Board within the pertinent report or reports that it has not consumptively used during the previous twelve month period, from the mining site, an amount of groundwater which combined with any amounts used from permitted groundwater wells exceeds the MEPS. Such demonstration may require providing to the Board a copy of the mine's monitoring plan and all of the data collected and procedures used to support the calculations and results reported.

(b) Subject to (c) and (d) of this Section, if at any time the mine operator fails to satisfy any of the provisions of (a) of this Section, the preexisting exemption shall be lost for that mine and the pertinent provisions of the Act and this Subchapter shall become applicable.

(c) Whenever it may appear to the Board that a preexisting exemption has been lost for a mine due to failure under 785:30-15-4(a)(1) or (a)(2), the Board shall give the operator thereof reasonable notice and an opportunity to show cause why the exemption should continue to apply. Absent a showing by the mine operator and a determination by the Board that the exemption should continue to apply, the exemption shall be deemed lost as of the date of the operator's failure under 785:30-15-4(a)(1) or (a)(2).

(d) Whenever it may appear to the Board that a preexisting exemption has been lost for a mine due to failure under 785:30-15-4(a)(3), the Board shall give the operator thereof reasonable notice thereof and a hearing opportunity to show cause as provided in (e) of this Section why the exemption should continue to apply.

(e) The operator may avoid loss of the preexisting exemption by submitting a Management Plan which contains the information provided in 785:30-15-6(a)(1) through (10) that demonstrates to the satisfaction of the Board that such consumptive use exceedance is:

(1) offset by augmentation of stream water flow or of groundwater by recharge as provided in 785:30-15-5; or

(2) not likely to reduce the natural flow of springs or streams emanating from the Sensitive Basin; or

(3) remedied by acquisition of sufficient groundwater rights within the ninety day period after the reported exceedance.

(f) If the operator does not satisfy the preceding requirements to maintain the exemption, the operator shall come into compliance with 82 O.S. § 1020.2(D) and 785:30-15-3 ninety (90) days after the date of receipt by the operator of the notice from the Board. Upon application and good cause shown by the operator, the Board may grant additional time to come into compliance.

(g) Hearings under this Section shall be conducted in accordance with Title 785, Chapter 4 of the Oklahoma Administrative Code.

Okla. Admin. Code § 785:30-15-4

Added at 30 Ok Reg 884, eff 6-13-13