Okla. Admin. Code § 165:5-7-35

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

Section 165:5-7-35 - Operation of commercial pit, commercial soil farming site and/or commercial recycling facility

(a)Application. Each application for authority to operate a commercial pit under 165:10-91, a commercial soil farming site under 165:10-9-2 and/or a commercial recycling facility under 165:10-9-4 shall comply with the application requirements of OAC 165:5-7-1(a) through (e). The Commission will not accept an application for an emergency order approving a commercial facility that requires a permit under OAC 165:10-9-1, OAC 165:10-9-2 or OAC 165:10-9-4.

(b)Exhibits. At the time of the filing of the application, the applicant shall submit all exhibits and data.

(c)Dismissal for noncompliance. Failure to complete the application, submit the exhibits, serve the notice, and perform the site inspection within sixty (60) days after the date of filing of the application may be grounds for dismissal of the application.

(d)Notice of the application.

(1)Contents. The notice of the application shall contain the following information:

(A) A brief description of the relief sought.

(B) The terms of the protest period.

(C) The date and time for a site inspection to be made by the applicant, a Commission representative and any interested person.

(D) The name, address, and telephone number of the applicant or its representative, whom anyone may contact for additional information concerning the application.

(2)Form. The applicant shall prepare the notice of the application to substantially comply with the form shown in Appendix F to this Chapter.

(3)Persons to whom notice shall be given. The applicant shall serve a copy of the application and notice of the application to:

(A) The Oklahoma Conservation Commission, 2800 North Lincoln, Suite 160, Oklahoma City, Oklahoma 73105.

(B) Each surface owner and surface lessee on each tract of land adjacent and contiguous to the site of the proposed facility.

(4)Newspaper publications. The applicant shall publish the notice of the application:

(A) Two times in a newspaper of general circulation in Oklahoma County, Oklahoma.

(B) Two times in a newspaper of general circulation in each county where the proposed facility will be located.

(5)Proof of notice. The applicant shall submit a certificate of service and affidavits of publication.

(e)Protests.

(1)Timely protests. Any person objecting to the granting of the application shall file a written protest within the appropriate protest period. If a protest is filed after filing of the application but before commencement of the protest period, said protest shall be deemed to have been timely filed.

(2)Late protests.

(A) Failure to file a protest within the prescribed time period shall be deemed a waiver of protest.

(B) The Commission may reinstate a late filed protest upon motion for good cause shown.

(3)Form of protest. The protestant shall file with the Court Clerk its protest which shall be entitled protest and which shall contain the following information:

(A) Caption from application.

(B) Title: Protest.

(C) Name, address, and telephone number of protesting parties.

(D) Reasons for protest.

(4)Notice to applicant of protest. The protestant shall serve the applicant with a copy of his protest within five (5) days after filing of the protest.

(f)Protest periods.

(1)Initial protest period. Any person objecting to the granting of the application shall file a written protest during the protest period which shall run for thirty (30) days from the last of the following events to occur:

(A) Filing of the application.

(B) Filing of all required exhibits.

(C) The date on which the last publication was made.

(D) The date of completion of service of process on all respondents in the case.

(E) Site inspection of the proposed facility.

(2)Additional protest period.

(A) After expiration of the protest period, an additional ten (10) day protest shall run:

(i) If the applicant amends the application to change the location of the facility or increase its size; or

(ii) If the applicant files amended exhibits changing the design of the facility.

(B) The additional protest period shall run from the date of completion of service of the amendment on the respondents in the case.

(g)Unprotested Applications.

(1)Administrative review. If the application is unprotested, the Oil and Gas Conservation Division shall review the application without a hearing, and it shall report its finding to the Commission concerning what relief, if any, should be granted.

(2)Remedies after denial or modification. If the Oil and Gas Conservation Division recommends denial or modification of the relief requested by the application, the applicant may move for a hearing de novo or file exceptions to the report as under 165:5-135.

(h)Withdrawal of protest. If all protests are withdrawn, the application shall be remanded for administrative review under (g) of this Section.

(i)Protested applications.

(1)Hearing required. A hearing shall be required on each timely protested application except as provided in (h) of this Section.

(2)Notice of hearing. The applicant shall obtain a hearing date from the Court Clerk subject to approval by the Manager of Pollution Abatement. The applicant shall send a copy of the notice of hearing to each party of record not later than fifteen (15) days before the hearing date.

(3)Contents of the notice. The notice of hearing shall contain the date, time, and place of hearing.

(4)Form. The applicant shall prepare the notice of hearing to comply substantially with the form shown in Appendix G to this Chapter.

Okla. Admin. Code § 165:5-7-35

Amended at 10 Ok Reg 2591, eff 6-25-93; Amended at 11 Ok Reg 3685, eff 7-11-94; Amended at 25 Ok Reg 2179, eff 7-11-08; Amended at 27 Ok Reg 2098, eff 7-11-10

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022