Okla. Admin. Code § 460:20-1-8

Current through Vol. 42, No. 7, December 16, 2024

Section 460:20-1-8 - Notice of citizen suits

(a) A person who intends to initiate a civil action on his or her own behalf under 45 O.S. Supp. 1980 Section 774 shall give notice of intent to do so in accordance with this Section.

(b) Notice shall be given by certified mail to the State Attorney General and to the Director.

(c) Notice shall be given by certified mail to the alleged violator if the complaint alleges a violation of the Act or any regulation, order, or permit issued under the Act.

(d) Service of notice under this Section is complete upon mailing to the last known address of the person being notified.

(e) A person giving notice regarding an alleged violation shall state, to the extent known-

(1) Sufficient information to identify the provision of the Act, regulation, order, or permit allegedly violated;

(2) The act or omission alleged to constitute a violation

(3) The name, address, and telephone numbers of the person or persons responsible for the alleged violation;

(4) The date, time, and location of the alleged violation;

(5) The name, address, and telephone number of the person giving notice; and

(6) The name, address, and telephone number of legal counsel if any, of the person giving notice.

(f) A person giving notice of an alleged failure by the Department of Mines to perform a mandatory act or duty under the Act shall state, to the extent known-

(1) The provisions of the Act containing the mandatory act or duty allegedly not performed;

(2) Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the Act;

(3) The name, address, and telephone number of the person giving notice; and

(4) The name, address, and telephone number of legal counsel if any, of the person giving notice.

Okla. Admin. Code § 460:20-1-8