Okla. Admin. Code § 460:20-15-6.6

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

Section 460:20-15-6.6 - Permit eligibility determination

Based on the reviews required under Sections 460:20-15-6.3 through 460:20-15-6.5, of this Subchapter, the Department will determine whether the applicant is eligible for a permit under Section 745.9 of the Act.

(1) Except as provided in Sections 460:20-15-6.7 and 460:20-15-6.8 of this Subchapter, the Applicant is not eligible for a permit if the Department finds that any surface coal mining operation in which:

(A) The Applicant directly owns or controls has an unabated or uncorrected violation; or

(B) The Applicant indirectly controls has an unabated or uncorrected violation, and the Applicant's control was established, or the violation was cited after November 2, 1988.

(C) The Applicant's Operator indirectly controls has an unabated or uncorrected violation, and the Applicant's control was established, or the violation was cited after November 2, 1988.

(2) The Department will not issue the Applicant a permit if the Applicant or its Operator is permanently ineligible to receive a permit Section 460:20-15-6.5 of this Subchapter.

(3) After the Department approves a permit under Section 460:20-15-6.9 of this Subchapter, the Department will not issue the permit until Applicant complies with the information update and certification requirement of Section 460:20-23-2.1 of this Chapter. After the Applicant completes that requirement, the Department will again request a compliance history report from AVS to determine if there are any unabated or uncorrected violations which affect Applicant's permit eligibility under paragraphs (a) and (b) of this section. The Department will request this report no more than five business days before permit issuance under Section 460:20-15-8, of this Subchapter.

(4) If the Applicant is ineligible for a permit under this section, the Department will notify the Applicant in writing of its decision. The notice will tell the Applicant why it is ineligible and include notice of its right to administrative review under Subchapter 460:20-19, of this Chapter and OAC 460:2, the Department's Rules Of Practice And Procedure For The Coal Reclamation Act Of 1979.

Okla. Admin. Code § 460:20-15-6.6

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