Okla. Admin. Code § 165:5-7-35.1

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

Section 165:5-7-35.1 - Change of operator regarding commercial pit, commercial soil farming site and/or commercial recycling facility

(a)Application. Each application requesting the issuance of an order changing a designation of operator in an order authorizing a commercial pit under 165:10-9-1, a commercial soil farming site under 165:10-9-2 and/or a commercial recycling facility under 165:10-9-4 (collectively "commercial facility") shall comply with the application requirements of OAC 165:5-7-1(a) through (e).

(b)Notice of application. Notice of the application for a change of operator regarding a commercial facility shall be published one time in a newspaper of general circulation in Oklahoma County, Oklahoma, and in a newspaper of general circulation published in each county in which the subject lands are located. The notice shall include the following information:

(1) The legal description of the commercial facility .

(2) The name and physical mailing address of the current operator of the commercial facility and the name and physical mailing address of any entity to whom transfer of operation of such facility is sought.

(3) The name, physical mailing address, telephone number, electronic mail address and facsimile number of the applicant or its representative, whom anyone may contact for additional information concerning the application.

(4) The notice must also include the following language:

(A) Written protests to the relief sought must be filed with the Court Clerk's Office, Oklahoma Corporation Commission, P.O. Box 52000, Oklahoma City, OK, 73152-2000, submitted to the applicant or its representative and to the Manager of the Pollution Abatement Department, Oklahoma Corporation Commission, P.O. Box 52000, Oklahoma City, OK, 73152-2000, within fifteen (15) days of the later of the date of publication of the notice of application and service of the application and notice of application on all respondents in the cause. Written protests must specify the name of the applicant, cause number, reasons for protest, and the name(s), physical mailing address(es), telephone number(s), electronic mail ad-dress(es) and facsimile number(s) of the protestant(s).

(B) If there are no written protests to the application and the Commission does not require a hearing, the application shall be presented to the Manager of the Pollution Abatement Department for administrative review without a hearing, and if the application is protested, then any protestants shall receive notice of hearing.

(c)Procedure.

(1) If a written protest to the application is filed with the Commission's Court Clerk's Office, submitted to the applicant or its representative and to the Manager of the Pollution Abatement Department within fifteen (15) days of the later of the date the notice of application is published and service of the application and notice of application on all respondents in the cause, or if hearing is required by the Commission, the application shall be set for hearing and notice thereof given in the same manner required in the filing of an application on the Pollution Docket.

(2) If no written protest is filed with the Commission's Court Clerk's Office, submitted to the applicant or its representative and to the Manager of the Pollution Abatement Department and the Commission does not require a hearing, the application shall be presented to the Manager of the Pollution Abatement Department for administrative review.

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

(1) The Manager of the Pollution Abatement Department, Oklahoma Corporation Commission, P. O. Box 52000, Oklahoma City, Oklahoma 73152-2000,

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

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

(e)Proof of notice. The applicant shall file a certificate of service and affidavit(s) of publication with the Commission's Court Clerk's Office.

Okla. Admin. Code § 165:5-7-35.1

Added at 29 Ok Reg 938, eff 7-1-12

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