reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-21 - Reclamation: Revegetation

Current through Vol. 41, No. 20, July 1, 2024
The permittee shall establish a permanent vegetative cover
				  capable of resisting erosion without subsequent irrigation, fertilization, or
				  other maintenance. Species planted shall be consistent with climatic, soil, and
				  land uses in the general area of the mining permit area.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-22 - Cessation of operations: Temporary

Current through Vol. 41, No. 20, July 1, 2024
If no CCB is placed on site for 180 consecutive days and the
				  permittee decides to temporarily cease CCB placement operations, the permittee
				  shall petition the Department for temporary cessation status. Permittees in
				  temporary cessation status shall adhere to the semi-annual water monitoring
				  plan as prescribed in Section 30-3-8.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-23 - Roads

Current through Vol. 41, No. 20, July 1, 2024
Access roads utilized within the mining permit area shall be
				  maintained in a manners that:
(1)
				Minimizes production of fugitive dust, and
(2) Minimizes contribution of suspended
				solids to surface water runoff.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-24 - Utility installations

Current through Vol. 41, No. 20, July 1, 2024
CCB placement and reclamation operations shall be conducted
				  in a manner that avoids disruption to utility services including, but not
				  limited to telephone, water, sewer, electricity, and oil and gas
				  pipelines.
Added at 20 Ok Reg 2819,
				  eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 5 - Performance Standards › Section 460:30-5-25 - CCB Placement Reporting

Current through Vol. 41, No. 20, July 1, 2024
Quarterly reports shall be submitted to the Department
				  specifying the amount of CCB placed at the site the previous quarter. These
				  reports shall be submitted to the Department within 28 days of the end of each
				  reporting period as required throughout the life of the
				  permit.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 6 - State Inspections › Section 460:30-6-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth general procedures governing State
				  inspections of CCB operations. This Subchapter does not apply to Cement Kiln
				  Dust operations.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 6 - State Inspections › Section 460:30-6-2 - State inspections and monitoring

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall conduct an average
				of at least one partial inspection per month of each active CCB placement
				operation under its jurisdiction, and shall conduct such partial inspections of
				each inactive or in reclamation CCB operation under its jurisdiction as are
				necessary to ensure effective enforcement of the State program. A partial
				inspection is an onsite review of an operator's compliance with some of the
				permit conditions and requirements imposed under the State program.
(b) The Department shall conduct an average
				of at least one complete inspection per calendar quarter of each CCB operation
				under its jurisdiction. A complete inspection is an on site review of an
				operator's compliance with all permit conditions and requirements imposed under
				this Subchapter within the entire area disturbed or affected by the CCB
				operations.
(c) The Department
				shall conduct such inspections of CCB operations as are necessary to ensure
				compliance with this Subchapter and all other applicable regulations.
(d) The inspections required under (a), (b),
				and (c) of this section shall:
(1) Be carried
				out on an irregular basis, so as to monitor compliance at all operations,
				including those which operate nights, weekends, or holidays;
(2) Occur without prior notice to the
				permittee or any agent or employee of such permittee, except for necessary
				on-site meetings; and inspection was conducted, an explanation of the reason
				why and;
(3) Include the prompt
				filing of inspection reports adequate to enforce the requirements of this
				Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 6 - State Inspections › Section 460:30-6-3 - Citizens' request for State inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) A person may request a State inspection
				by furnishing to an authorized representative of the Director a signed, written
				statement (or an oral report followed by a signed, written statement) giving
				the authorized representative reason to believe that a violation, condition or
				practice exists and setting forth a telephone number and address where the
				person can be contacted.
(b) The
				identity of any person supplying information to the Department relating to a
				possible violation or imminent danger or harm shall remain confidential with
				the Department, if requested by that person, unless otherwise required by law
				or unless disclosure is required under law.
(c) If a State inspection is conducted as a
				result of information provided to the Department by a person as described in
				(a) of this Section, the person shall be notified as far in advance as
				practicable when the inspection is to occur and shall be allowed to accompany
				the authorized representative of the Director during the inspection. Such
				person has the right of entry to, upon and through the CCB operation about
				which he or she supplied information, but only if he or she is in the presence
				of and is under the control, direction, and supervision of the authorized
				representative while on the CCB property. Such right of entry does not include
				a right to enter buildings without consent of the person in control of the
				building or without a search warrant.
(d) Within ten days of the State inspection,
				or, if there is no inspection, within fifteen days of receipt of the person's
				written statement, the Department shall send the person the following:
(1) If an inspection was made, a description
				of the enforcement action taken, which may consist of copies of the State
				inspection report and all notices of violation and cessation orders issued as a
				result of the inspection, or an explanation of why no enforcement action was
				taken;
(2) If no State inspection
				was conducted, an explanation of the reason why and;
(3) An explanation of the person's right if
				any, to informal review of the action or inaction of the Department under
				Section
				460:30-6-6
				of this Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 6 - State Inspections › Section 460:30-6-4 - Right of entry

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
				authorized representative of the Director conducting a State inspection
				pursuant to 45 O.S. Section 1.5 et seq. and this Chapter:
(1) Shall have a right of entry to, upon, and
				through any CCB operation without advance notice or a search warrant, upon
				presentation of appropriate credentials;
(2) May, at reasonable times and without
				delay, have access to and copy any records, and inspect any monitoring
				equipment or method of operation required under the applicable program;
				and
(3) Shall have a right to
				gather physical and photographic evidence to document conditions, practices, or
				violations at the site.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 6 - State Inspections › Section 460:30-6-5 - Review of adequacy and completeness of inspections

Current through Vol. 41, No. 20, July 1, 2024
Any person who is or may be adversely affected by a CCB
				  operation may notify the Director in writing of any alleged failure on the part
				  of the Department to make adequate and complete or periodic inspections. The
				  notification shall include sufficient information to create a reasonable belief
				  that the regulations of this part are not being complied with and to
				  demonstrate that the person is or may be adversely affected. The Director shall
				  within 15 days of receipt of the notification determine whether adequate and
				  complete or periodic inspections have been made. The Director shall furnish the
				  complainant with a written statement of the reasons for such determination and
				  the actions, if any, taken to remedy the noncompliance.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 6 - State Inspections › Section 460:30-6-6 - Review of decision not to inspect or enforce

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person who is or may be adversely
				affected by a CCB operation may request the Department to review informally an
				authorized representative's decision not to inspect or take the appropriate
				enforcement action with respect to any violation alleged by that person in
				request for a State inspection under section
				460:30-6-3
				of this Subchapter. The request for review shall be in writing and include a
				statement of how the person is or may be adversely affected and why the
				decision merits review.
(b) The
				Department shall conduct the review in accordance with the applicable Rules of
				Practice and Procedure and inform the adversely affected person, in writing, of
				the review results within 30 days from the receipt of the request, unless said
				time-frame has been waived by that person. The operator alleged to be in
				violation shall also be given a copy of the results of the review, except the
				name of the affected person shall not be disclosed, in the result copy, unless
				confidentiality was not requested pursuant to
				460:30-6-3(b)
				of this Subchapter, or if disclosure of that person is required by
				law.
(c) If the person requesting
				the informal review withdraws the request before the review is held, the
				informal review may be canceled.
(d) Informal review under this Section shall
				not affect any right to formal review.
(e) Any determination made under (b) of this
				Section shall constitute a decision of the Department.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 6 - State Inspections › Section 460:30-6-7 - Availability of records

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Copies of all records, reports, inspection materials, or information obtained
				by the Department under 45 O.S. Section 1.5 et seq., this Chapter, or Sections
				460:30-6-3
				of the Subchapter shall be made available to the public in the area of the CCB
				operation until at least five years after expiration of the period during which
				the subject operation is active or covered by any portion of a reclamation
				bond.
(b) The Department shall
				ensure compliance with (a) of this Section by either:
(1) Making copies of all such records,
				reports, inspection materials, and other information available for public
				inspection at a State office in the county where the CCB operation is occurring
				or is proposed to occur; or by proper arrangement in the county where the CCB
				operation is or will be located.
(2) At the Department's option and expense,
				providing copies of such information promptly by mail at the request of any
				resident of the area where the CCB operation is occurring or is proposed to
				occur.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 7 - State Enforcement › Section 460:30-7-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth general rules regarding
				  enforcement by the Department of the 45 O. S. Section 1.5 et seq, this Chapter,
				  and all conditions of permits imposed under this Chapter, and all other
				  applicable state laws and regulations. This Subchapter does not apply to Cement
				  Kiln Dust operations.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 7 - State Enforcement › Section 460:30-7-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
As used in this Subchapter, the following term has this
				  specified meaning:
"Unwarranted failure to comply"
means the
				  failure of a permittee to prevent the occurrence of any violation of his or her
				  permit or any requirement of this Chapter or 45 O.S. Section 1.5 et seq., due
				  to indifference, lack of diligence, or lack of reasonable care, or the failure
				  to abate any violation of such permit or state law due to indifference, lack of
				  diligence, or lack of reasonable care.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 7 - State Enforcement › Section 460:30-7-3 - Cessation orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
An order of cessation
:
(1) The
				Director or his or her authorized representative shall immediately order a
				cessation of CCB operation or of the relevant portion thereof, if he or she
				finds, on the basis of any inspection, any condition or practice, or any
				violation of this Chapter, any other applicable program or state law, or any
				condition of a permit imposed under any state program or law, 45 O.S. Section
				1.5 et seq., or this Chapter which:
(A)
				Creates an imminent danger to the health or safety of the public; or
(B) Is causing or can reasonably be expected
				to cause significant, imminent environmental harm to land, air, or water
				resources.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 7 - State Enforcement › Section 460:30-7-4 - Notices of violations

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Director or his or her authorized representative shall issue a notice of
				violation if, on the basis of a inspection he or she finds a violation of 45
				O.S. Section 1.5 et seq., this Subchapter, or any condition of a permit or
				exploration approval imposed pursuant to 45 O.S. Section 1.5 et seq., or this
				Chapter, which does not create an imminent danger or harm for which a cessation
				order must be issued under Section
				460:30-7-3.
(b) A notice of violation issued under this
				Section shall be in writing and signed by the authorized representative who
				issues it, 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 replacement of
				interim steps; and
(4) A reasonable
				description of the portion of the CCB operation to which it applies.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 7 - State Enforcement › Section 460:30-7-5 - Suspension or revocation of permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Show cause order.
(1) The authorized representative of the
				Department shall issue an order to a permittee requiring him or her to show
				cause why his or her permit pursuant to 45 O.S. Section 1.5 et seq., and this
				Chapter should not be suspended or revoked, if the CCB Program Director
				determines that a pattern of violations of any requirement of 45 O.S. Section
				1.5 et seq., this Chapter, or any permit condition required by the statutes or
				this Chapter exists or has existed, and that the violations were caused by the
				permittee willfully or through unwarranted failure to comply with those
				requirements or conditions. Violations by any person conducting CCB operations
				on behalf of the permittee shall be attributed to the permittee, unless the
				permittee establishes that they were acts of deliberate sabotage. The
				authorized representative of the Department shall promptly file a copy of any
				order to show cause with the Department.
(2) The CCB Program Director may determine
				that a pattern of violations exists or has existed, based upon two or more
				inspections of the permit area within any 12-month period, after considering
				the circumstances, including:
(A) The number
				of violations cited on more than one occasion, of the same or related
				requirements of 45 O .S. Section 1.5 et seq., this Chapter, other applicable
				the applicable laws, or the permit;
(B) The number of violations, cited on more
				than one occasion, of different requirements of 45 O.S. Section 1.5 et seq.,
				this Chapter, other applicable laws or the permit; and
(C) The extent to which the violations were
				isolated departures from lawfulconduct.
(3) The CCB Program Director shall promptly
				review the history of violations of any permittee whohas been cited for
				violations of the same or related requirements of 45 O.S. Section 1.5 et seq.,
				this Chapter, other applicable laws or the permit during three or more State
				inspections of the permit area within any 12 month period. If, after such
				review, the CCB Program Director determines that pattern of violations exists
				or has existed, he or she shall issue written findings and pursuant to these
				findings the authorized representative of the Department shall issue an order
				to show cause as provided in Paragraph (a)(1) of this Section.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 7 - State Enforcement › Section 460:30-7-6 - Service of notices of violation, cessation orders, and show-cause orders

Current through Vol. 41, No. 20, July 1, 2024
(a) A notice of
				violation, cessation order, or show-cause order shall be served on the person
				to whom it is directed or his or her designated agent promptly after issuance,
				as follows:
(1) By tendering a copy at the CCB
				operation to the designated agent or to the individual who, based upon
				reasonable inquiry, appears to be in charge. If no such individual can be
				located at the site, a copy may be tendered to any individual at the site who
				appears to be an employee or agent of the person to whom the notice or order is
				issued. Service shall be complete upon tender of the notice or order and shall
				not be deemed incomplete because of refusal to accept.
(2) As an alternative to Paragraph (a) (1) of
				this Section, service may be made by sending a copy of the notice or order by
				certified mail or by hand to the permittee or his or her designated agent.
				Service shall be complete upon tender of the notice or order or of the mail and
				shall not be deemed incomplete because of refusal to accept.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 7 - State Enforcement › Section 460:30-7-8 - Formal review of citations

Current through Vol. 41, No. 20, July 1, 2024
(a) A person issued a notice of violation or
				cessation order under Sections
				460:30-7-3 or
				460:30-7-4
				of this Subchapter, or a person having an interest which is or may be adversely
				affected by the issuance, modification, vacation, or termination of a notice or
				order, may request review of that action by filing an application for review
				and request for hearing under the applicable Rules of Practice and Procedure,
				within 30 days after receiving notice of the action.
(b) The filing of an application for review
				and request for a hearing under this Section shall not operate as a stay of any
				notice or order, or of any modification, termination, or vacation of
				either.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 7 - State Enforcement › Section 460:30-7-9 - Inability to comply

Current through Vol. 41, No. 20, July 1, 2024
(a) No
				cessation order or notice of violation issued under this part may be vacated
				because of inability to comply.
(b)
				Inability to comply may not be considered in determining whether a pattern of
				violations exists.
(c) Unless
				caused by lack of diligence, inability to comply may be considered only in
				mitigation of the amount of penalty under Subchapter 8 of this Chapter and of
				the duration of the suspension of a permit under Section
				460:30-7-5
				of this Subchapter.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 7 - State Enforcement › Section 460:30-7-10 - Injunction relief

Current through Vol. 41, No. 20, July 1, 2024
The Department may request the Attorney General for the State
				  of Oklahoma to institute a civil action for relief, including a permanent or
				  temporary injunction, restraining order or any other order, in the district
				  court for the district in which the CCB operation is located or in which the
				  operator to whom the notice or order has been issued has his principal office,
				  whenever that operator, or his agent, in violation of 45 O.S. Section 1.5 et
				  seq., this Chapter, or any condition of a CCB permit imposed under the statues
				  or this Chapter:
(1) Violates or fails
				or refuses to comply with any order or decision of the Department pursuant to
				45 O. S. Section 1.5 et seq., or this Chapter;
(2) Interferes with, hinders, or delays the
				Department in carrying out the provisions of the statues or this
				Chapter;
(3) Refuses to admit an
				authorized representative of the Department to an operation;
(4) Refuses to permit inspection of an
				operation by an authorized representative of the Department;
(5) Refuses to furnish any required
				information or report;
(6) Refuses
				to permit access to or copying of any required record; or
(7) Refuses to permit inspection of
				monitoring equipment.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 7 - State Enforcement › Section 460:30-7-11 - Compliance conference

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				permittee may request an on-site compliance conference with an authorized
				representative to review the compliance status of any condition or practice
				proposed at any CCB operation. Any such conference shall not constitute an
				inspection pursuant to 45 O.S., Section 1.5 et. seq., and OAC
				460:30-6-2
				of this Chapter.
(b) The Department
				may accept or refuse any request to conduct a compliance conference under (a)
				of this Section. Where the Department accepts such a request, reasonable notice
				of the scheduled date and time of the compliance conference shall be given to
				the permittee.
(c) The authorized
				representative at any compliance conference shall review such proposed
				conditions and practices as the permittee may request in order to determine
				whether any such condition or practice may become a violation of any
				requirement of the statues, or any applicable permit.
(d) Neither the holding of a compliance
				conference under this Section nor any opinion given by the authorized
				representative at such a conference shall affect:
(1) Any rights or obligations of the
				Department or of the permittee with respect to any inspection, notice of
				violation, or cessation order, whether prior or subsequent to such conference;
				or
(2) The validity of any notice
				of violation or cessation order issued with respect to any condition or
				practice reviewed at the compliance conference.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter covers the assessment of penalties, pursuant
				  to 45 O.S. Section 1.5 et seq., with respect to cessation orders and notices of
				  violation issued under Subchapter 7 of this Chapter. This Subchapter does not
				  apply to Cement Kiln Dust operations.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
Penalties are assessed, pursuant to 45 O.S. Section 1.5 et
				  seq., to deter violations and to ensure maximum compliance with the terms,
				  purposes and permit conditions and this Chapter
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-3 - Assessments determinations

Current through Vol. 41, No. 20, July 1, 2024
The Department shall review each notice of violation and
				  cessation order in accordance with the assessment procedures described in
				  Sections
				  460:30-8-4,
				  460:30-8-5,
				  460:30-8-6,
				  460:30-8-7,
				  and
				  460:30-8-8
				  of this Subchapter to determine whether a penalty will be assessed, the amount
				  assessed, and whether each day of a continuing violation will be deemed a
				  separate violation for purposes of the total assessment.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-4 - Penalty assessments

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department shall assess a penalty for each cessation order.
(b) The Department shall assess a penalty for
				each notice of violation, if the violation is assigned 31 points or more under
				the point system described in Section
				460:30-8-5
				of this Subchapter.
(c) The
				Department may assess a penalty for each notice of violation assigned 30 points
				or less under the point system described in Section
				460:30-8-5
				of this Subchapter. In determining whether to assess a penalty, the Department
				shall consider the factors listed in Section
				460:30-8-5
				of this Subchapter.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-5 - Point system for assessments

Current through Vol. 41, No. 20, July 1, 2024
The Department shall use the point system described in this
				  Section to determine the amount of the penalty and, in the case of notices of
				  violation, whether a mandatory penalty should be assessed as provided in
				  Section
				  460:30-8-4(b)
				  of this Subchapter. Points shall be assigned as follows:
(1)
History of previous
				violations.
The Department shall assign up to 30 points based on the
				history of previous violations. One point shall be assigned for each past
				violation contained in a notice of violation. Five points shall be assigned for
				each violation (but not a condition or practice) contained in a cessation
				order. The history of previous violations, for the purpose of assigning points,
				shall be determined and the points assigned with respect to a particular CCB
				operation. Points shall be assigned as follows:
(A) A violation shall not be counted, if the
				notice or order is the subject of pending administrative or judicial review or
				if the time to request such review or to appeal any administrative or judicial
				decision has not expired, and thereafter it shall be counted for only 1
				year;
(B) No violation for which
				the notice or order has been vacated shall be counted; and
(C) Each violation shall be counted without
				regard to whether it led to a penalty assessment.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-7 - Assessment of separate violations for each day

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may assess separately a
				penalty for each day from the date of issuance of the notice of violation or
				cessation order to the date set for abatement of the violation. In determining
				whether to make such an assessment, the Department shall consider the factors
				listed in Section
				460:30-8-5
				of this Subchapter may consider the extent to which the person to whom the
				notice or order was issued gained any economic benefit as a result of a failure
				to comply. For any violation which continues for 2 or more days and which is
				assigned more than 70 points under Section
				460:30-8-5
				of this Subchapter, the Department shall assess a penalty for a minimum of 2
				separate days.
(b) In addition to
				the penalty provided for in (a), whenever a violation contained in a notice of
				violation or cessation order has not been abated within the abatement period
				set in the notice or order or as subsequently extended pursuant to 45 O.S.
				Section 1.5 et seq., a penalty of not less than 750.00 dollars shall be
				assessed for each day during which such failure to abate continues, except
				that:
(1) Time continuation for finalization
(A) If suspension of the abatement
				requirements of the notice or order is ordered in a temporary relief proceeding
				under 45 O.S. Section 1.5 et seq., after a determination that theperson to whom
				the notice or order was issued will suffer irreparable loss or damage from the
				application of the requirements, the period permitted for abatement shall not
				end until the date on which the Department issues a final order with respect to
				the violation in question; and
(B)
				If the person to whom the notice or order was issued initiates review
				proceedings under 45 O.S. Section 1.5 et seq., with respect to the violations,
				in which the obligations to abate are suspended by the court pursuant to 45
				O.S. Section 1.5 et seq., the daily assessment of a penalty shall not be made
				for any period before entry of a final order by the court;
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-8 - Waiver of use of formula to determine assessment amount

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director, upon his own initiative or
				upon written request received within 15 days of issuance of a notice of
				violation or a cessation order, may waive the use of the formula contained in
				Section
				460:30-8-5
				of this Subchapter to set the penalty, if he or she determines that, taking
				into account exceptional factors present in the particular case, the penalty is
				demonstrably unjust. However, the Director shall not waive the use of the
				formula or reduce the proposed assessment on the basis of an argument that a
				reduction in the proposed penalty could be used to abate violations of the
				statutes, this Chapter, or any condition of any permit. The basis for every
				waiver shall be fully explained and documented in the records of the
				case.
(b) If the Director waives
				the use of the formula, he or she shall use the criteria set forth in Section
				460:30-8-5
				of this Subchapter to determine the appropriate penalty. When the Department
				has elected to waive the use of the formula, he or she shall give a written
				explanation of the basis for the assessment made to the person whom the notice
				or order was issued.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-9 - Procedures for the assessment of penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) Within 15 days of service of notice or
				order, the person to whom it was issued may submit written information about
				the violation to the Department and to the inspector who issued the notice of
				violation or cessation order. The Department shall consider any information so
				submitted in determining the facts surrounding the violation and the amount of
				the penalty.
(b) The Department
				shall serve a copy of the proposed assessment and of the worksheet showing the
				computation of the proposed assessment on the person to whom the notice or
				order was issued, by certified mail, within 30 days of the issuance of the
				notice or order.
(1) If the mail is tendered
				at the address of that person set forth in the sign required under Section
				460:30-5-3 of
				this Chapter, or at any address at which that person is in fact located, and he
				or she refuses to accept delivery of or to collect such mail, the requirements
				of this paragraph shall be deemed to have been complied with upon such
				tender.
(2) Failure by the
				Department to serve any proposed assessment within 30 days shall not be grounds
				for dismissal of all or part of such assessment unless the person against whom
				the proposed penalty has been assessed:
(A)
				Proves actual prejudice as a result of the delay; and
(B) Makes a timely objection to the delay. An
				objection shall be timely only if made in the normal course of administrative
				review.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-10 - Procedures for assessment conference

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall arrange for a
				conference to review the proposed assessment or reassessment, upon written
				request of the person to whom notice or order was issued, if the request is
				received within 30 days from the date the proposed assessment or reassessment
				is mailed.
(b)
Assessment
				conference.
(1) The Department shall
				assign a Conference Officer to hold the assessment conference. The assessment
				conference shall be held within 60 days from the date of issuance of the
				proposed assessment or the end of the original abatement period, whichever is
				later, provided that a failure by the Department to hold such conference within
				60 days shall not be grounds for dismissal of all or part of an assessment
				unless the person against whom the proposed penalty has been assessed proves
				actual prejudice as a result of the delay.
(2) The Department shall post notice of the
				time and place of the conference at the State office or field office closest to
				the CCB permit at least 5 days before the conference. Any person shall have a
				right to attend and participate in the conference.
(3) The Conference Officer shall consider all
				relevant information on the violation. Within 30 days after the conference is
				held, the Conference Officer shall either:
(A)
				Settle the issues, in which case a settlement agreement shall be prepared and
				signed by the Conference Officer on behalf of the Department and by the person
				assessed; or
(B) Affirm, raise,
				lower, or vacate the penalty.
(4) An increase or reduction of a proposed
				penalty assessment of more than 25 percent and more than 500.00 dollars shall
				not be final and binding, until approved by the Director.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-11 - Request for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				person charged with the violation may contest the proposed penalty or the fact
				of the violation by submitting a petition and an amount equal to the proposed
				penalty or, if a conference has been held, the reassessed or affirmed penalty
				to the Department, to be held in escrow as provided in (b) of this Section,
				within 30 days from receipt of the proposed assessment or reassessment or 30
				days from the date of service of the Conference Officer's action, whichever is
				later. The fact of the violation may not be contested if it has been decided in
				a review proceeding commenced under Section
				460:30-7-8
				of this Chapter.
(b) All funds
				submitted under (a) of this Section to the Department, which shall hold them in
				escrow pending completion of the administrative and judicial review process, at
				which time it shall disburse them as provided in Section
				460:30-8-12
				of this Subchapter.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-12 - Final assessment and payment of penalty

Current through Vol. 41, No. 20, July 1, 2024
(a) If the person to whom a notice of
				violation or cessation order is issued fails to request a hearing as provided
				in Section
				460:30-8-11
				of this Subchapter, the proposed assessment shall become a final order of the
				Director and the penalty assessed shall become due and payable upon expiration
				of the time allowed to request said hearing.
(b) If any party requests judicial review of
				a final order of the Director, the proposed penalty shall continue to be held
				in escrow until completion of the review. Otherwise, subject to paragraph (c)
				of this Section, the escrowed funds shall be transferred to the Department in
				payment of the penalty, and the escrow shall end.
(c) If the final decision in the
				administrative and judicial review results in an order reducing or eliminating
				the proposed penalty assessed under this Subchapter, the Department shall
				within 30 days of receipt of the order refund to the person assessed all or
				part of the escrowed amount, with interest from the date of payment into escrow
				to the date of the refund at the rate of 6 percent or at the prevailing
				Department of the Treasury rate, whichever is greater.
(d) If the review results in an order
				increasing the penalty, the person to whom the notice or order was issued shall
				pay the difference to the Department within 15 days after the order is mailed
				to such person.
Added at 28 Ok Reg 2371,
				  eff 9-11-11
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 30 - Coal Combustion By-Product Placement Rules and Regulations › Subchapter 8 - Penalties › Section 460:30-8-13 - Use of collected penalties for reclamation

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director may utilize money collected
				by the State of Oklahoma pursuant to the assessment of penalties for
				reclamation of lands adversely affected by CCB operations.
(b) The Director may allocate funds at his
				discretion for reclamation projects on lands within the State based on the
				following priorities.
(1) Bond forfeiture
				sites with imminent environmental harm.
(2) All other State bond forfeiture
				sites.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 1 - Description of Organization › Section 465:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter were adopted to provide further
				  information as to the composition of the Commission, to outline the daily
				  method of operations and to advise the public of the proper procedure of filing
				  a petition regarding a rule or initiating a proceeding against a licensee of
				  this Commission.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 1 - Description of Organization › Section 465:1-1-2 - Composition of the Commission

Current through Vol. 41, No. 20, July 1, 2024
(a)
Creation.
The Oklahoma Motor
				Vehicle Commission (hereinafter referred to as the "Commission") was created
				and exists by virtue of 47 O.S. Supp. 1985 Section 561 et seq.
(b)
Members.
The Commission is
				composed of nine members, seven of whom shall have been engaged in the
				manufacture, distribution, or sale of new motor vehicles, and two members who
				shall be lay members, all to be appointed by the Governor of the state of
				Oklahoma with the advice and consent of the Oklahoma State Senate. Each of the
				Commissioners thus appointed shall, at the time of his or her appointment, be a
				resident in good faith of the state of Oklahoma and each shall be of good moral
				character and each of the industry Commissioners shall have actually been
				engaged in the manufacture, distribution or sale of new motor vehicles for not
				less than ten (10) years next preceding such appointment.
(c)
At large, geographical
				appointments.
(1) There shall be three
				at large members of the Commission. Six members of the Commission shall be
				appointed from the following geographical areas with at least one member from
				each area:
(A) Four areas of the state shall
				be the northwest, northeast, southwest, and southeast sections designated by
				Interstate 35 dividing the state east and west, Interstate 40 dividing the
				state north and south, excluding Oklahoma County and Tulsa County,
				and
(B) two additional areas shall
				be Oklahoma County and Tulsa County.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 1 - Description of Organization › Section 465:1-1-3 - Executive Director

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall appoint a qualified person to serve as
				  its Executive Director, which person shall have not less than ten (10) years of
				  experience in the motor vehicle industry. Said Executive Director shall be
				  appointed for a term of six (6) years and shall not be subject to dismissal or
				  removal without cause.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 1 - Description of Organization › Section 465:1-1-4 - Duties

Current through Vol. 41, No. 20, July 1, 2024
The Commission's duties shall include but shall not be limited to the licensing of manufacturers, distributors, their representatives, new motor vehicle dealers and registration of their salespersons. The Commission is also established to protect the public welfare and public interest of the citizens of the state of Oklahoma.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 1 - Description of Organization › Section 465:1-1-5 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
The Commission is authorized to conduct hearings on various matters brought to its attention by its various licensees all as more fully provided in 47 O.S. Supp. 1985 Section 561 et seq.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 3 - General Course of Method and Operations › Section 465:1-3-1 - Office

Current through Vol. 41, No. 20, July 1, 2024
(a)
Address.
The office of the Oklahoma Motor Vehicle Commission is
				located in Oklahoma City at 4334 N.W. Expressway, Suite 183, 73116.
(b)
Hours.
Office hours shall be
				8:00 a.m. to 4:30 p.m. each day except Saturday and Sunday and any legal
				holiday established by statute or proclamation of the Governor.
Amended at 15 Ok Reg
				  2035, eff 6-1-98
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 3 - General Course of Method and Operations › Section 465:1-3-2 - Commission meetings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Date.
In the absence of any conflicting legal holiday established by statute or proclamation by the Governor, or unavoidable conditions that result in failure to achieve a quorum or absence of Executive Director or Deputy Director, then the meetings of the Commission shall be held on the second Tuesday of each month, starting at 10:00 a.m. at the Commission's Office.
(b)
Compliance with laws.
All meetings of the Commission shall be conducted in compliance with the applicable provisions of the Oklahoma Open Meeting Act, 25 O.S. 1981, Sections 301, et seq. (as Amended) and the Oklahoma Administration Procedures Act, 75 O.S. 1981, Section 301 et seq. (as Amended).
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 3 - General Course of Method and Operations › Section 465:1-3-3 - Seal

Current through Vol. 41, No. 20, July 1, 2024
The official seal of the Oklahoma Motor Vehicle Commission
				  shall be as follows: The official star of the State of Oklahoma bordered by the
				  inscription, Oklahoma Motor Vehicle Commission. The Executive Director shall be
				  the custodian of the official seal and shall affix the imprint or facsimile
				  thereof to all license certificates issued by the Oklahoma Motor Vehicle
				  Commission.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 5 - Public Rights › Section 465:1-5-1 - Access to records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Open records.
All official records of the Commission, not
				privileged from disclosure by law, shall be public records, available for
				inspection and review in the office of the Commission, under reasonable
				circumstances at reasonable times and during normal business hours.
(b)
Fees.
Copies of all such
				records, certified or not certified, may be obtained during normal business
				hours, provided that the expense of such copies shall be paid by the person
				requesting same. Fees for such copies shall be in accordance with a fee
				schedule and/or procedure prescribed by the Executive Director of the
				Commission.
(c)
Request.
Any member of the public may obtain any information
				contained in the files at the Commission that is not otherwise confidential by
				either making a written request therefor to the Executive Director of the
				Commission at the address listed in OAC
				465:1-3-1(a),
				or by personally appearing at the offices of the Commission and making a
				request in person.
(d)
Records not removable.
Official records of the Commission may not
				be removed from the office of the Commission.