Okla. Admin. Code § 460:20-15-9.1

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

Section 460:20-15-9.1 - Initial review and finding requirements for improvidently issued permits

(a) If the Department has reason to believe that it improvidently issued a permit to the permittee, the Department must review the circumstances under which the permit was issued. The Department will make a preliminary finding that the permit was improvidently issued if, under the permit eligibility criteria of the applicable regulations implementing Section 745.9 of the Act in effect at the time of permit issuance, the permit should not have been issued because permittee or its operator owned or controlled a surface coal mining and reclamation operation with an unabated or uncorrected violation.

(b) The Department will make a finding under paragraph (a) of this Section only if the permittee or its operator:

(1) Continue to own or control the operation with the unabated or uncorrected violation;

(2) The violation remains unabated or uncorrected; and

(3) The violation would cause permittee to be ineligible under the permit eligibility criteria in the current regulations.

(c) When the Department makes a preliminary finding under paragraph (a) of this Section, it must serve permittee with a written notice of the preliminary finding, which must be based on evidence sufficient to establish a prima facie case that the permit was improvidently issued.

(d) Within 30 days of receiving a notice under paragraph (c) of this Section, the permittee may challenge the preliminary finding by providing the Department with evidence as to why the permit was not improvidently issued under the criteria in paragraphs (a) and (b) of this Section.

(e) The provisions of Sections 460:20-15-10.2 through 460:20-15-14.1 of this Chapter, apply when a challenge under paragraph (d) of this Section concerns a preliminary finding under paragraphs (a) and (b)(1) of this Section that permittee or its operator currently own or control, or owned or controlled, a surface coal mining operation.

Okla. Admin. Code § 460:20-15-9.1

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