reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 13 - General Requirements for Coal Exploration Operations › Section 460:20-13-4 - Notice requirements for exploration removing 250 tons of coal or less

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person who
				intends to conduct coal exploration operations outside a permit area during
				which 250 tons or less of coal will be removed shall before conducting the
				exploration, file with the Department a written notice of intention to explore.
				Exploration which will take place on lands designated as unsuitable for surface
				coal mining operations under this Chapter, shall be subject to the permitting
				requirements under Section
				460:20-13-5
				of this Subchapter. Exploration conducted under a notice of intent shall be
				subject in the requirements prescribed under Section
				460:20-13-6.
(b) The notice shall include-
(1) The name, address, and telephone number
				of the person seeking to explore;
(2) The name, address, and telephone number
				of the person's representative who will be present at, and responsible for,
				conducting the exploration activities;
(3) A narrative describing the proposed
				exploration area or a map at a scale of 1:24,000, or greater, showing the
				proposed area of exploration and the general location of drill holes and
				trenches, existing and proposed roads, occupied dwellings, topographic
				features, bodies of surface water, and pipelines;
(4) A statement of the period of intended
				exploration; and
(5) A description
				of the method of exploration to be used and the practices that will be followed
				to protect the environment and to reclaim the area from adverse impacts of the
				exploration activities in accordance with the applicable requirements of
				Subchapter 41 of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 13 - General Requirements for Coal Exploration Operations › Section 460:20-13-6 - Coal exploration compliance duties

Current through Vol. 41, No. 20, July 1, 2024
(a) All coal exploration and reclamation
				which substantially disturbs the natural land surface or which removes more
				than 250 tons of coal shall be conducted in accordance with the coal
				exploration requirements of the Act, this Subchapter, Subchapter 41, and the
				regulatory program and any conditions on approval for exploration and
				reclamation imposed by the Department;
(b) Any person who conducts any coal
				exploration operations in violation of 45 O.S. 1981, Section 745.11, the
				provisions of this Subchapter, Subchapter 41, the regulatory program or any
				exploration permit term or condition imposed by the Department shall be subject
				to the enforcement provisions of 45 O.S. 1981, Section 769, and the inspection
				and enforcement provisions of this Chapter and the regulatory
				program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 13 - General Requirements for Coal Exploration Operations › Section 460:20-13-7 - Requirements for commercial use or sale

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as provided under Sections
				460:20-13-7(b) and
				460:20-1-6(a)
				(5), any person who intends to commercially use or sell coal extracted during
				coal exploration operations under an exploration permit shall first obtain a
				permit to conduct surface coal mining operations for those operations from the
				Department under Subchapters 15 through 33 of this Chapter.
(b) With the prior written approval of the
				Department no permit to conduct surface coal mining operations is required for
				the sale or commercial use of coal extracted during exploration operations if
				such sale or commercial use is for coal testing purposes only. The person
				conducting the exploration shall file an application for such approval with the
				Department. The application shall demonstrate that the coal testing is
				necessary for the development of a surface coal mining and reclamation
				operation for which a surface coal mining operations permit application is to
				be submitted in the near future, and that the proposed commercial use or sale
				of coal extracted during exploration operations is solely for the purpose of
				testing the coal. The application shall contain the following:
(1) The name of the testing firm and the
				locations at which the coal will be tested.
(2) If the coal will be sold directly to, or
				commercially used directly by the intended end user, a statement from the
				intended end user, or if the coal is sold indirectly to the intended end user
				through an agent or broker, a statement from the agent or broker. The statement
				shall include:
(A) the specific reason for the
				test, including why the coal may be so different from the intended user's other
				coal supplies as to require testing;
(B) the amount of coal necessary for the test
				and why a lesser amount is not sufficient;
(C) a description of the specific tests that
				will be conducted.
(3)
				Evidence that sufficient reserves of coal are available to the person
				conducting exploration or its principals for future commercial use or sale to
				the intended end user, or agent or broker of such user identified above, to
				demonstrate that the amount of coal to be removed is not the total reserve, but
				is a sampling of a larger reserve.
(4) An explanation as to why other means of
				exploration, such as core drilling, are not adequate to determine the quality
				of the coal and/or the feasibility of developing a surface coal mining
				operation.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 13 - General Requirements for Coal Exploration Operations › Section 460:20-13-8 - Public availability of information

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as provided in Subsection(b) of
				this Section all information submitted to the Department under this Subchapter
				shall be made available for public inspection and copying at the offices of the
				Department.
(b)
(1) The Department shall not make information
				available for public inspection, if the person submitting it requests in
				writing, at the time of submission, that it not be disclosed and the Department
				determines that the information is confidential.
(2) The Department shall determine that
				information is confidential only if it concerns trade secrets or is privileged
				commercial or financial information which relates to the competitive rights of
				the person intending to conduct coal exploration.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 13 - General Requirements for Coal Exploration Operations › Section 460:20-13-9 - Bonding requirements

Current through Vol. 41, No. 20, July 1, 2024
Any coal exploration activities which either removes more
				  that 250 tons of coal or which substantially disturbs the land surface shall
				  file a minimum bond of $10,000 with the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-1 - Scope and purpose

Current through Vol. 41, No. 20, July 1, 2024
This Suchapter provides minimum requirements for permits and
				  permit processing and covers obtaining and reviewing permits; coordinating with
				  other laws; public participation; permit decision and notification; permit
				  conditions; and permit term and right of renewal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg
				  2558, eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-3 - Requirements to obtain permits

Current through Vol. 41, No. 20, July 1, 2024
On or after 8 months from the date on which a regulatory
				  program is approved by the Secretary, no person shall engage in or carry out on
				  non-Federal or non-Indian lands within the State any surface coal mining and
				  reclamation operations unless that person has first obtained a valid permit
				  issued by the Department under an approved regulatory program. A person
				  conducting surface coal mining operations under a permit issued by the
				  Department in accordance with the requirements of Section 502 of the Federal
				  Act, may conduct these operations if all of the following conditions are
				  present:
(1) Timely and complete
				application for a permit under the permanent regulatory program has been made
				to the Department in accordance with the provisions of the Act, the permitting
				regulations, and the regulatory program;
(2) The Department has not yet rendered an
				initial decision with respect to such application; and
(3) The operations are conducted in
				compliance with all terms and conditions of the interim permit, the
				requirements of the Federal Act, Parts 710, 715, 716, 717 of the initial
				regulatory program and the State statutes and regulations. No new initial
				program permits may be issued after the effective date of a State program
				unless the application was received prior to such date.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-4 - Regulatory coordination with requirements under other laws

Current through Vol. 41, No. 20, July 1, 2024
Each regulatory program shall, to avoid duplication, provide
				  for the coordination of review and issuance of permits for surface coal mining
				  and reclamation operations with applicable requirements of the Endangered
				  Species Act of 1973, as amended ( 16 U.S.C. 1531 et seq.); the Fish and
				  Wildlife Coordination Act, as amended ( 16 U.S.C. 661 et seq.); the Migratory
				  Bird Treaty Act of 1918, as amended ( 16 U.S.C. 703 et seq.); The National
				  Historic Preservation Act of 1966, as amended ( 16 U.S.C. 470 et seq.); the
				  Bald Eagle protection Act, as amended ( 16 U.S.C. 668a ) , along with all
				  state, federal, and local permitting and licencing requirements; for federal
				  programs only, the Archeological and Historic Preservation act of 1974 ( 16
				  U.S.C. 469 et seq.); and the Archaeological resources Protection Act of 1979 (
				  16 U.S.C.470a et seq.) where Federal and Indian lands covered by that Act are
				  involved.
Amended at 18 Ok Reg
				  3202, eff 7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-5 - Public participation in permit processing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing and public notice.
(1) Upon submission of an administratively
				complete application, an applicant for a permit, significant revision of a
				permit under Section
				460:20-17-3, or
				renewal of a permit under Section460:20-17-4,
				shall place an advertisement in a local newspaper of general circulation in the
				locality of the proposed surface coal mining and reclamation operation at least
				once a week for 4 consecutive weeks. A copy of the advertisement as it will
				appear in the newspaper shall be submitted to the Department. The advertisement
				shall contain, at a minimum, the following:
(A) The name and business address of the
				applicant.
(B) A map or description
				which clearly shows or describes the precise location and boundaries of the
				proposed permit area and is sufficient to enable local residents to readily
				identify the proposed permit area. It may include towns, bodies of water, local
				landmarks, and any other information which would identify the location. If a
				map is used, it shall indicate the north direction.
(C) The location where a copy of the
				application is available for public inspection.
(D) The name and address of the Department
				where written comments, objections, or requests for informal conferences on the
				application may be submitted under Subsections (b) and (c) of this
				Section.
(E) If an applicant seeks
				a permit to mine within 100 feet of the outside right-of-way of a public road
				or to relocate or close a public road, except where public notice and hearing
				have previously been provided for this particular Suchapter of the road in
				accordance with Section
				460:20-7-5(d)
				of this Chapter, a concise statement describing the public road, the particular
				Suchapter to be relocated or closed, and the approximate timing and duration of
				the relocation or closing.
(F) If
				the application includes a request for an experimental practice under Section
				460:20-33-3,
				a statement indicating that an experimental practice is requested and
				identifying the regulatory provisions for which a variance is
				requested.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6 - Review of permit applications [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 18 Ok Reg
				  3202, eff 7-26-01; Revoked at 27 Ok Reg 2558, eff
				  7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6.1 - Review of permit applications

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department will review an application
				for a permit, revision, or renewal; written comments and objections submitted;
				and records of any informal conference or hearing held on the application and
				issue a written decision, within a reasonable time set by the Department,
				either granting, requiring modification of, or denying the application. If an
				informal conference is held under
				460:20-15-5(c),
				the decision will be made within 60 days of the close of the
				conference.
(b) The applicant for a
				permit or revision of a permit shall have the burden of establishing that the
				application is in compliance with all the requirements of the regulatory
				program.
Added at 27 Ok Reg 2558,
				  eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6.2 - General provisions for review of permit application information and entry of information into AVS

Current through Vol. 41, No. 20, July 1, 2024
(a) Based on an administratively complete
				application, the Department shall undertake the reviews required under Sections
				460:20-15-6.3
				through
				460:20-15-6.5
				of this Subchapter.
(b) The
				Department will enter into AVS:
(1) The
				information required under Sections
				460:20-23-2.2
				through 20-23-2.4 of this Chapter.
(2) The information required under Section
				460:20-15-6.8
				of this Subchapter pertaining to violations which are unabated or uncorrected
				after the abatement or correction period has expired.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6.3 - Review of applicant, operator, and ownership and control information

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				will rely upon the information that the applicant is required to submit under
				Section
				460:20-15-6.5,
				information from AVS, and any other available information, to review the
				applicant's and its operator's organizational structure and ownership or
				control relationships.
(b) The
				Department must conduct the review required under paragraph (a) of this Section
				before making a permit eligibility determination under
				460:20-15-6.6
				of this Subchapter.
Added at 27 Ok Reg 2558,
				  eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6.4 - Review of permit history

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department will rely upon the permit
				history information the applicant submits under Section
				460:20-15-6.6,
				information from AVS, and any other available information to review the
				applicant's and its operator's permit histories. The Department must conduct
				this review before making a permit eligibility determination under
				460:20-15-6.6
				of this Subchapter.
(b) The
				Department will also determine if the applicant or its operator have previous
				mining experience.
(c) If the
				applicant or its operator does not have any previous mining experience, the
				Department may conduct an additional review under Section
				460:20-17-2.1(f)
				of this Chapter. The purpose of this review is to determine if someone else
				with mining experience controls the mining operation.
Added at 27 Ok Reg 2558,
				  eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6.5 - Review of compliance history

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department will rely upon the
				violation information supplied by the applicant under Section
				460:20-15-6.8
				of this Subchapter, a report from AVS, and any other available information to
				review histories of compliance with the Act or the applicable Department
				regulations, and any other applicable air or water quality laws, for:
(1) The applicant;
(2) Its operator;
(3) Operations owned or controlled by the
				Applicant; and
(4) Operations owner
				or controlled by the Applicant's operator.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6.6 - Permit eligibility determination

Current through Vol. 41, No. 20, July 1, 2024
Based on the reviews required under Sections
				  460:20-15-6.3
				  through
				  460:20-15-6.5,
				  of this Subchapter, the Department will determine whether the applicant is
				  eligible for a permit under Section 745.9 of the Act.
(1) Except as provided in Sections
				460:20-15-6.7
				and
				460:20-15-6.8
				of this Subchapter, the Applicant is not eligible for a permit if the
				Department finds that any surface coal mining operation in which:
(A) The Applicant directly owns or controls
				has an unabated or uncorrected violation; or
(B) The Applicant indirectly controls has an
				unabated or uncorrected violation, and the Applicant's control was established,
				or the violation was cited after November 2, 1988.
(C) The Applicant's Operator indirectly
				controls has an unabated or uncorrected violation, and the Applicant's control
				was established, or the violation was cited after November 2, 1988.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6.7 - Unanticipated events or conditions at remining sites

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant is eligible for a permit
				under OAC
				460:20-15-6.6
				if an unabated violation:
(1) Occurred after
				October 24, 1992; and
(2) Resulted
				from an unanticipated event or condition at a surface coal mining and
				reclamation operation on lands that are eligible for remining under a permit
				that was held by the applicant.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6.8 - Eligibility for provisionally issued permits

Current through Vol. 41, No. 20, July 1, 2024
(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.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6.9 - Written findings for permit application approval

Current through Vol. 41, No. 20, July 1, 2024
No permit application or application for a significant
				  revision of a permit shall be approved unless the application affirmatively
				  demonstrates and the Department finds, in writing, on the basis of information
				  set forth in the application or from information otherwise available that is
				  documented in the approval, the following:
(1) The application is complete and accurate
				and the Applicant has complied with all requirements of the Act and this
				Chapter.
(2) The Applicant has
				demonstrated that reclamation as required by the Act and this Chapter can be
				accomplished under the reclamation plan contained in the permit
				application.
(3) The proposed
				permit area is:
(A) Not within an area under
				study or administrative proceedings under a petition, filed pursuant to
				Subchapter 11 of this Chapter, to have an area designated as unsuitable for
				surface coal mining operations, unless the applicant demonstrates that before
				January 4, 1977, it has made substantial legal and financial commitments in
				relation to the operation covered by the permit application; or
(B) Not within an area designated as
				unsuitable for mining pursuant to Subchapters 9, and 11 of this Chapter or
				subject to the prohibitions or limitations of Sections
				460:20-7-4
				and
				460:20-7-5 of this
				Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-6.10 - Performance bond submittal

Current through Vol. 41, No. 20, July 1, 2024
If the Department decides to approve the application, it
				  shall require that the applicant file the performance bond or provide other
				  equivalent guarantee before the permit is issued in accordance with the
				  provisions of Subchapter 37 of this Chapter.
Added at 27 Ok Reg 2558,
				  eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-7 - Permit conditions

Current through Vol. 41, No. 20, July 1, 2024
Each permit issued by the Department shall be subject to the
				  following conditions:
(1) The
				permittee shall conduct surface coal mining and reclamation operations only on
				those lands that are specifically designated as the permit area on the maps
				submitted with the application and authorized for the term of the permit and
				that are subject to the performance bond or other equivalent guarantee in
				effect pursuant to Subchapter 37 of this Chapter.
(2) The permittee shall conduct all surface
				coal mining and reclamation operations only as described in the approved
				application, except to the extent that the Department otherwise directs in the
				permit.
(3) The permittee shall
				comply with the terms and conditions of the permit, all applicable performance
				standards of the Act, and the requirements of the regulatory program.
(4) Without advance notice, delay, or a
				search warrant, upon presentation of appropriate credentials, the permittee
				shall allow the authorized representatives of the Department of Mines to:
(A) Have the right of entry provided for in
				Sections
				460:20-57-3
				and
				460:20-57-4 of
				this Chapter; and
(B) Be
				accompanied by private persons for the purpose of conducting an inspection in
				accordance with Subchapter 57 of this Chapter, when the inspection is in
				response to an alleged violation reported to the Department by the private
				person.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-8 - Permit issuance and right of renewal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Decision.
If the application
				is approved, the permit shall be issued upon submittal of a performance bond in
				accordance with these rules and regulations. If the application is disapproved,
				specific reasons therefore shall be set forth in the notification required by
				Subsection (b) of this Section.
(b)
Notification.
The Department shall issue written notification of
				the decision to the following persons and entities:
(1) The applicant, each person who files
				comments or objections to the permit application, and each party to an informal
				conference.
(2) The local
				government officials in the local political subdivision in which the land to be
				affected is located within 10 days after the issuance of a permit, including a
				description of the location of the land.
(3) The local OSM office.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-9 - Improvidently issued permits: General procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg
				  2558, eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-9.1 - Initial review and finding requirements for improvidently issued permits

Current through Vol. 41, No. 20, July 1, 2024
(a) If
				the Department has reason to believe that it improvidently issued a permit to
				the permittee, the Department must review the circumstances under which the
				permit was issued. The Department will make a preliminary finding that the
				permit was improvidently issued if, under the permit eligibility criteria of
				the applicable regulations implementing Section 745.9 of the Act in effect at
				the time of permit issuance, the permit should not have been issued because
				permittee or its operator owned or controlled a surface coal mining and
				reclamation operation with an unabated or uncorrected violation.
(b) The Department will make a finding under
				paragraph (a) of this Section only if the permittee or its operator:
(1) Continue to own or control the operation
				with the unabated or uncorrected violation;
(2) The violation remains unabated or
				uncorrected; and
(3) The violation
				would cause permittee to be ineligible under the permit eligibility criteria in
				the current regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-9.2 - Notice requirements for improvidently issued permits

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department must serve the permittee
				with a written notice of proposed suspension or rescission, together with a
				statement of the reasons for the proposed suspension of rescission, if:
(1) After considering any evidence submitted
				under OAC
				460:20-15-9.1(d),
				the Department finds that a permit was improvidently issued under the criteria
				in paragraphs (a) and (b) of
				460:20-15-9.1
				of the Section; or
(2) The permit
				was provisionally issued under
				460:20-15-6.8(b)
				of this Subchapter part and one or more of the conditions in
				460:20-15-6.8(c)(1)
				through (c)(4) exists;
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-10 - Improvidently issued permits: Rescission procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  3592, eff 10-12-95; Revoked at 27 Ok Reg 2558, eff
				  7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-10.1 - Suspension or rescission requirements for improvidently issued permits

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as
				provided in paragraph (b) of this Section, the Department must suspend or
				rescind the permit upon expiration of the time specified in Section
				460:20-15-9.2(b) or
				(c) in this Subchapter unless permittee
				submits evidence and the Department finds that:
(1) The violation has been abated or
				corrected to the satisfaction of the agency with jurisdiction over the
				violation;
(2) The permittee or its
				operator no longer owns or controls the relevant operation;
(3) The Department's finding for suspension
				or rescission was in error;
(4) The
				violation is the subject of a good faith administrative or judicial appeal
				(unless there is an initial judicial decision affirming the violation, and that
				decision remains in force);
(5) The
				violation is the subject of an abatement plan or payment schedule that is being
				met to the satisfaction of the agency with jurisdiction over the violation;
				or
(6) The permittee is pursuing a
				good faith challenge or administrative or judicial appeal of the relevant
				ownership or control listing or finding (unless there is an initial judicial
				decision affirming the listing or finding, and that decision remains in
				force).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-10.2 - Who may challenge ownership or control listings and findings

Current through Vol. 41, No. 20, July 1, 2024
A listing or finding of ownership or control may be
				  challenged using the provisions under Sections
				  460:20-15-13.1
				  and
				  460:20-15-14.1,
				  of this Subchapter if the challenger is:
(1) Listed in a permit application or AVS as
				an owner or controller of an entire surface coal mining operation, or any
				portion or aspect thereof;
(2)
				Found to be an owner or controller of an entire surface coal mining operation,
				or any portion or aspect thereof, under Sections
				460:20-15-9.1
				or
				460:20-17-2.1;
				of this Chapter or
(3) An Applicant
				or Permittee affected by an ownership or control listing or finding.
Added at 27 Ok Reg 2558,
				  eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-11 - Verification of ownership or control application information

Current through Vol. 41, No. 20, July 1, 2024
(a)
Prior
				review.
In accordance with Section
				460:20-15-6(c)
				(1) of this Subchapter, prior to the issuance of a permit, the Department shall
				review the information in the application provided pursuant to Section
				460:20-23-2
				of this Chapter to determine that such information, including the
				identification of the operator and all owners and controllers of the operator,
				is complete and accurate. In making such determination, the Department shall
				compare the information provided in the application with information from other
				reasonable available sources, including:
(1)
				Manual data sources within Oklahoma including:
(A) The Department's inspection and
				enforcement records; and
(B) The
				state incorporating records or tax records, to the extent they contain
				information concerning ownership or control links; and
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-12 - Review of ownership or control and violation information

Current through Vol. 41, No. 20, July 1, 2024
(a)
Review after verification.
Following the verification ownership or control information pursuant to Section
				460:20-15-11(b)
				of this Subchapter, the Department shall review all reasonably available
				information concerning violation notices and ownership or control links
				involving the applicant to determine whether the application can be approved
				under
				460:20-15-6(b)
				of this Subchapter. Such information shall include:
(1) With respect to ownership or control
				links involving the applicant, all information obtained under Section
				460:20-15-11
				of this Subchapter and
				460:20-23-3
				of this Chapter; and
(2) With
				respect to violation notices, all information obtained under Section
				460:20-23-3
				of this Chapter, information obtained from the Office of Surface Mining,
				including information shown in the AVS, and information from the Departments's
				own records concerning violation notices.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-13 - Procedures for challenging ownership or control links shown in AVS [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 3969,
				  eff 8-28-98; Amended at 17 Ok Reg 3172, eff 7-28-00; Revoked at 27 Ok Reg 2558,
				  eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-13.1 - How to challenge an owner and controller listing or finding

Current through Vol. 41, No. 20, July 1, 2024
This Section applies to any person challenging an ownership
				  or control listing or finding.
(1) To
				challenge an ownership or control listing or finding, a person must submit a
				written explanation of the basis for the challenge, along with any evidence or
				explanatory materials it wishes to provide under
				460:20-15-14.1(b)
				of this Subchapter as follows:
(A) If the
				challenge concerns a federal block in the AVS, the permittee submits the
				written explanation to OSM;
(B) If
				the challenge concerns a state block in the AVS not generated by the
				Department, then the permittee submits the written explanation to the state
				regulatory authority generating the block;
(C) If the challenge concerns a block in the
				AVS generated by the Department, the Permittee submits the written explanation
				to the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-14 - Standards for challenging ownership or control links and the status of violations. [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 3969,
				  eff 8-28-98; Amended at 17 Ok Reg 3172, eff 7-28-00; Revoked at 27 Ok Reg 2558,
				  eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-14.1 - Burden of proof for ownership or control challenges

Current through Vol. 41, No. 20, July 1, 2024
This Section applies to any person who challenges an
				  ownership or control listing or finding.
(1) When challenging a listing of ownership
				or control, or a finding of ownership or control made under Section
				460:20-17-2.1(f)
				of this Chapter, the person challenging must prove by a preponderance of the
				evidence that either:
(A) It does not own or
				control the entire surface coal mining operation or relevant portion or aspect
				thereof; or
(B) It did not own or
				control the entire surface coal mining operation or relevant portion or aspect
				thereof during the relevant time period.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 15 - Requirements for Permits and Permit Processing › Section 460:20-15-14.2 - Written agency decision on challenges to ownership or control listings or findings

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Within 60 days of receipt of a challenge under
				460:20-15-13.1(a)
				of this Subchapter, the Department will review and investigate the evidence and
				explanatory materials submitted and any other reasonably available information
				bearing on the challenge and issue a written decision. The decision must state
				whether the challenger owns or controls the relevant surface coal mining
				operation, or owned or controlled the operation, during the relevant time
				period.
(b) The Department will
				promptly provide the challenger with a copy of its decision by either:
(1) Certified mail, return receipt requested;
				or
(2) Any means consistent with
				the rules governing service of a summons and complaint under Oklahoma
				law.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 16 - Protection of Employees [Revoked] › Section 460:20-16-1 - Scope [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3480,
				  eff 8-11-97; Revoked at 15 Ok Reg 3969, eff
				  8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 16 - Protection of Employees [Revoked] › Section 460:20-16-2 - Protected activity [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3480,
				  eff 8-11-97; Revoked at 15 Ok Reg 3969, eff
				  8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 16 - Protection of Employees [Revoked] › Section 460:20-16-3 - Procedures for filing an application for review of discrimination [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3480,
				  eff 8-11-97; Revoked at 15 Ok Reg 3969, eff
				  8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 16 - Protection of Employees [Revoked] › Section 460:20-16-4 - Investigation and conference procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3480,
				  eff 8-11-97; Revoked at 15 Ok Reg 3969, eff
				  8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 16 - Protection of Employees [Revoked] › Section 460:20-16-5 - Request for hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3480,
				  eff 8-11-97; Revoked at 15 Ok Reg 3969, eff
				  8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 16 - Protection of Employees [Revoked] › Section 460:20-16-6 - Formal adjudicatory proceedings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3480,
				  eff 8-11-97; Revoked at 15 Ok Reg 3969, eff
				  8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 17 - Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 460:20-17-1 - Scope and purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg
				  2558, eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 17 - Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 460:20-17-1.1 - Scope and purpose

Current through Vol. 41, No. 20, July 1, 2024
This section provides the requirements for the revision;
				  renewal; transfer, assignment, or sale of permit rights; entering and updating
				  information in AVS following the issuance of a permit; post-permit issuance
				  requirements for regulatory authorities and permittees; and other actions based
				  on ownership, control, and violation information.
Added at 27 Ok Reg 2558,
				  eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 17 - Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 460:20-17-2 - Department review of permits

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall review each permit
				issued and outstanding under an approved regulatory program during the term of
				the permit. This review shall occur not later than the middle of each permit
				term and as required by Sections
				460:20-33-3,
				460:20-33-4,
				460:20-33-6,
				and
				460:20-33-8.
(b) After this review, or at any time, the
				Department may by order require reasonable revision or modification of the
				permit provisions in accordance with Section
				460:20-17-3 to
				ensure compliance with the Federal and the State Acts and this
				Chapter.
(c) Copies of the decision
				of the Department shall be sent to the permittee.
(d) Any order of the Department requiring
				revision or modification of permits shall be based upon written findings and
				shall be subject to the provision for administrative and judicial review of
				Subchapter 19 of this Chapter and to the Oklahoma Administrative Procedures
				Act.
(e) Permits may be suspended
				or revoked in accordance with Subchapters 57, 59, 61, and 63 of this
				Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 17 - Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 460:20-17-2.1 - Post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information

Current through Vol. 41, No. 20, July 1, 2024
(a) For the purposes of future permit
				eligibility determinations and enforcement actions, the Department must enter
				into AVS the following:
(1) Permit records
				within 30 days after the permit is issued or subsequent changes are
				made.
(2) Unabated or uncorrected
				violations within 30 days after the abatement or correction period for a
				violation expires
(3) Changes to
				information initially required to be provided by an applicant
				under460:20-23-2.2
				of this Chapter within 30 days after receiving notice of a change.
(4) Changes in violation status within 30
				days after abatement, correction, or termination of a violation, or a decision
				from an administrative or judicial tribunal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 17 - Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 460:20-17-2.2 - Post-permit issuance information requirements for permittees

Current through Vol. 41, No. 20, July 1, 2024
(a) Within 30 days
				after the issuance of a cessation order under Section
				460:20-59-3, the
				Permittee must provide or update all the information required under
				460:20-23-2.2
				of this Chapter.
(b) No information
				is required under paragraph (a) of this section if a court of competent
				jurisdiction grants a stay of the cessation order and the stay remains in
				effect.
(c) Within 60 days of any
				addition, departure, or change in position of any person identified in OAC
				460:20-23-2.2
				of this Chapter, the Permittee must provide:
(1) The information required under OAC
				460:20-23-2.2;
				and
(2) The date of any departure,
				addition or change.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 17 - Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 460:20-17-3 - Permit revisions

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
During the term of a permit, the permittee may submit an
				application to the Department for a revision of the permit. Any revision
				application to the approved mining or reclamation plan will be subject to
				review and approval by the Department. During the revision review, the revision
				will be classified as either:
(1) Major or
				Significant; or
(2)
				Minor.