Okla. Admin. Code § 460:20-17-2.1

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

Section 460:20-17-2.1 - Post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information

(a) For the purposes of future permit eligibility determinations and enforcement actions, the Department must enter into AVS the following:

(1) Permit records within 30 days after the permit is issued or subsequent changes are made.

(2) Unabated or uncorrected violations within 30 days after the abatement or correction period for a violation expires

(3) Changes to information initially required to be provided by an applicant under460:20-23-2.2 of this Chapter within 30 days after receiving notice of a change.

(4) Changes in violation status within 30 days after abatement, correction, or termination of a violation, or a decision from an administrative or judicial tribunal.

(b) If, at any time, the Department discovers that any person owns or controls an operation with an unabated or uncorrected violation, the Department will determine whether enforcement action is appropriate under Subchapters 59 and 61 of this Chapter. The Department must enter the results of each enforcement action, including administrative and judicial decisions, into AVS.

(c) The Department must serve a preliminary finding of permanent permit ineligibility under Section 745.9 of the Act on an Applicant or Operator, if the criteria in paragraphs (c)(1) and (c) (2) are met. In making a finding under this paragraph, the Department will only consider control relationships and violations which would make, or would have made, an applicant or operator ineligible for a permit under OAC 460:20-15-6.6 of this Chapter The Department must make a preliminary finding of permanent permit ineligibility if it finds that:

(1) An Applicant or Operator controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations under section 745.9 of the Act; and

(2) The violations are of such nature and duration with such resulting irreparable damage to the environment as to indicate the Applicant's or Operator's intent not to comply with the Act, its implementing regulations, this Chapter, or the Applicant's or Operator's permit.

(d) The Applicant or Operator may request a hearing on a preliminary finding of permanent permit ineligibility under Chapter 2, Rules Of Practice And Procedure For The Coal Reclamation Act Of 1979.

(e) Entry into the applicant violator system (AVS).

(1) If no hearing is requested, and the time for seeking a hearing has expired, the Department will enter the finding into AVS.

(2) If a hearing is requested, the Department will enter the finding into AVS only if that finding is upheld on administrative appeal.

(f) At any time, the Department may identify any person who owns or controls an entire surface coal mining operation or any relevant portion or aspect thereof. If the Department identifies such a person, it must issue a written preliminary finding to the person and the Applicant or Permittee describing the nature and extent of ownership or control. The written preliminary finding must be based on evidence sufficient to establish a prima facie case of ownership or control.

(g) After the Department issues a written preliminary finding under paragraph (f) of this section, the Department will allow the person subject to the preliminary finding, 30 days in which to submit any information tending to demonstrate the lack of ownership or control. If, after reviewing any information submitted, the Department is persuaded that the Applicant or Operator is not an owner or controller, the Department will serve the Applicant or Operator a written notice to that effect. If, after reviewing any information submitted, the Department still finds that the person subject to the preliminary finding is an owner or controller, or if no information is submitted not within the 30-day period, the Department will issue a written finding and enter its finding into AVS.

(h) If the Applicant or Operator is identified as an owner or controller under paragraph (g) of this Section, a challenge to the finding, using the provisions of 460:20-15-20.2, 460:20-15-13.1, and 460:20-15-14.1 of this Chapter may be made.

Okla. Admin. Code § 460:20-17-2.1

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