Okla. Admin. Code § 460:20-15-13.1

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

Section 460:20-15-13.1 - How to challenge an owner and controller listing or finding

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.

(2) The provisions of this Section and the Sections of 460:20-15-14.1 and 460:20-15-14.2 of this Subchapter apply only to challenges to ownership or control listings or findings. The Permittee may not use these provisions to challenge its liability or responsibility under any other provision of the Act or its implementing regulations.

(3) When the challenge concerns a violation under the jurisdiction of a different regulatory authority, the regulatory authority with jurisdiction over the permit application or permit must consult the regulatory authority with jurisdiction over the violation and the AVS Office to obtain additional information.

(4) The Department, if responsible for deciding a challenge under paragraph (a) of this section, may request an investigation by the AVS Office.

(5) At any time, the permittee or a person listed in AVS as an owner or controller of a surface coal mining operation by OSM, may request an informal explanation from the OSM AVS Office as to the reason it is shown in OSM AVS in an ownership or control capacity. Within 14 days of the request, the OSM AVS Office will provide a response describing why the person challenging is listed in OSM AVS.

Okla. Admin. Code § 460:20-15-13.1

Added at 27 Ok Reg 2558, eff 7-25-10