Okla. Admin. Code § 165:10-10-10

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

Section 165:10-10-10 - Notice

(a)Public notice. Public notice is necessary for remediation sites (Phase II sites requiring remediation or cleanup). The applicant must provide public notice that its proposal regarding the site is ready for public review. The notice must be published one time in newspapers of general circulation published in Oklahoma County, Oklahoma, and in a newspaper of general circulation published in each county where the lands that are the subject of the application are located. The applicant shall also submit the notice to the Brownfield staff for posting on the Commission's website. The notice must contain the:

(1) Name and address of the location where the application and related documentation, including any proposed remediation plan, may be reviewed, in addition to the days of the week and hours during which such information may be reviewed;

(2) Applicant's name, mailing address, telephone number, email address and contact person, as well as the Commission's mailing address and a telephone number and email address of a contact person at the Commission;

(3) Name, address and legal description of the Brownfield site;

(4) Purpose of the notice;

(5) Description of the proposed cleanup, monitored natural attenuation, institutional control, and/or other remedial action being sought;

(6) Other pertinent information required by Brownfield staff and rules;

(7) Other information the applicant may deem relevant; and

(8) Time period of at least thirty (30) days after the notice is published for the submission of written public comments and written requests for a public meeting regarding the site, in addition to the mailing address and e-mail address to which public comments and requests for public meetings can be sent, the name of a contact person and any facsimile numbers, if available. The notice must also provide that any written public comments and requests for a public meeting are to be sent to the Oklahoma Corporation Commission, Oil and Gas Conservation Division, Brownfield Program, P.O. Box 52000, Oklahoma City, Oklahoma, 73152-2000 and/or sent electronically to Brownfield staff.

(b)Public meeting.

(1) If the Commission receives a timely written request for a public meeting, if the Commission determines there is a significant degree of public interest in the site remediation proposal and the action being sought, or if the applicant chooses to have a public meeting, then the applicant must publish notice of the date, time and address of a public meeting at least thirty (30) days prior to the meeting in the manner described in paragraph (a), above, and include in the notice the information appearing in paragraphs (a)(1) through (a) (8), above.

(2) The notice must provide for a time period of at least thirty (30) days after the notice is published for the submission of written public comments, and that verbal comments may be made at the meeting. The mailing address and e-mail address to which public comments can be sent, the name of a contact person and any facsimile numbers, if available, must also be included in the notice. The notice must also provide that any written public comments are to be sent to the Oklahoma Corporation Commission, Oil and Gas Conservation Division, Brownfield Program, P.O. Box 52000, Oklahoma City, Oklahoma, 73152-2000 and/or sent electronically to Brownfield staff.

(3) The public meeting will be held in a convenient location near the proposed Brownfield site.

(c)Publisher's affidavits. The applicant is required to provide to the Brownfield staff the publisher's affidavits regarding the public notice for comments and/or a public meeting within twenty (20) days after the date(s) of publication;

(d)When public notice is not required. Applicant is not required to publish a notice regarding those sites Brownfield staff or other appropriate Commission staff find or concurs need no further action after staff's review of applicant's site assessment information or which are remediated for the applicant by a responsible party.

Okla. Admin. Code § 165:10-10-10

Added at 25 Ok Reg 2187, eff 7-11-08

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.

Amended by Oklahoma Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023