Okla. Admin. Code § 460:20-17-5

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

Section 460:20-17-5 - Transfer, assignment, or sale of permit rights

(a)General. No transfer, assignment, or sale of rights granted by a permit shall be made without the prior written approval of the Department. At its discretion, the Department may allow a prospective successor in interest to engage in surface coal mining and reclamation operations under the permit during the pendency of an application for approval of a transfer, assignment, or sale of permit rights submitted under paragraph (b) of this section, provided that the prospective successor in interest can demonstrate to the satisfaction of the Department that sufficient bond coverage will remain in place.

(b)Application requirements. An applicant for approval of the transfer, assignment, or sale of permit rights shall:

(1) Provide the Department with an application for approval of the proposed transfer, assignment, or sale including:

(A) The name and address of the existing permittee and permit number or other identifier;

(B) A brief description of the proposed action requiring approval; and

(C) The legal, financial, compliance, and related information required by Subchapter 23 of this Chapter for the applicant for approval of the transfer, assignment, or sale of permit rights.

(2) Advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the permittee, the permit number or other identifier, the geographic location of the permit, and the address to which written comments may be sent;

(3) Obtain appropriate performance bond coverage in an amount sufficient to cover the proposed operations.

(c)Public participation. Any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Department within a time specified by the Department.

(d)Criteria for approval. The Department may allow a permittee to transfer, assign, or sell permit rights to a successor, if it finds in writing that the successor:

(1) Is eligible to receive a permit in accordance with Section 460:20-15-6.6 and 460:20-15-6.8 of this Chapter.

(2) Has submitted a performance bond or other guarantee, or obtained the bond coverage of the original permittee.

(3) Meets any other requirements specified by the Department.

(e)Notification.

(1) The Department shall notify the permittee, the successor commenters, and OSM of its findings.

(2) The successor shall immediately provide notice to the Department of the consummation of the transfer, assignment, or sale of permit rights.

(f)Continued operation under existing permit. The successor in interest shall assume the liability and reclamation responsibilities of the existing permit and shall conduct the surface coal mining and reclamation operations in full compliance with the Act, the regulatory program, and the terms and conditions of the existing permit, unless the applicant has obtained a new or revised permit.

Okla. Admin. Code § 460:20-17-5

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

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/14/2019