Okla. Admin. Code § 165:5-7-33

Current through Vol. 42, No. 6, December 2, 2024

Section 165:5-7-33 - Extension of time for closure of a noncommercial pit

(a)Section applicability. The provisions of this Section shall apply to each application under 165:10-716 to extend time for closure of a pit.

(b)Application form. The applicant shall prepare the application in a form which complies with OAC 165:5-71.

(c)Affidavit. The applicant shall attach to the application an affidavit explaining the applicant's reasons for the extension.

(d)Site inspection. The applicant shall be responsible for obtaining a site inspection by representative of the Conservation Division.

(e)Exhibits. The applicant shall submit at the time of filing of the application all exhibits and data required by 165:10-716.

(f)Dismissal for noncompliance. Failure to complete the application, submit the affidavit and perform the site inspection within sixty (60) days after the date of filing of the application shall be grounds for dismissal of the application.

(g)Notice of the Application.

(1)Contents. The notice of the application shall contain the following information:

(A) A brief description of the relief sought.

(B) The terms of the protest period.

(C) The data and time for a site inspection to be made by the applicant, a Commission representative, and any interested person.

(D) The name, address, and telephone number of the applicant or its representative, whom anyone may contact for additional information concerning the application.

(2)Form. The applicant shall prepare the notice of the application to substantially comply with the form shown in Appendix B to this Chapter.

(3)Persons to whom notice shall be given. The applicant shall serve a copy of the application and notice of the application to:

(A) The Soil Conservation District.

(B) Each surface owner and surface lessee of the tract on which the pit is located.

(4)Publication. Publication of the notice of the application is required.

(5)Proof of notice. The applicant shall submit a certificate of service.

(h)Protests.

(1)Timely protests. Any person objecting to the granting of the application shall file a written protest within the appropriate protest period. If a protest is filed after filing of the application but before commencement of the protest period, said protest shall be deemed to have been timely filed.

(2)Late protests.

(A) Failure to file a protest within the prescribed time period shall be deemed a waiver of protest.

(B) The Commission may reinstate a late filed protest upon motion for good cause shown.

(3)Form of protest. The Protestant shall file with the Court Clerk its protest which shall contain the following information:

(A) Caption from application.

(B) Title: protest.

(C) Name, address, and telephone number of protesting parties.

(D) Reasons for protest.

(4)Notice to applicant of protest. The protestant shall serve the applicant with a copy of his protest within five (5) days after filing of the protest.

(i)Protest period.

(1)Initial protest period. Any person objecting to the granting of the application shall file a written protest during the protest period which shall run for fifteen (15) days from the last of the following events to occur:

(A) Filing of the application.

(B) Filing of all required exhibits.

(C) The date of completion of service of process on all respondents in the case.

(D) Site inspection of the facility.

(j)Unprotested applications.

(1)Administrative review. If the application is unprotested, the Oil and Gas Conservation Division shall review the application without a hearing, and it shall report its finding to the Commission concerning what relief, if any, should be granted.

(2)Remedies after denial or modification. If the Oil and Gas Conservation Division recommends denial or modification of the relief requested by the application, the applicants may move for a hearing de novo or file exceptions to the report as under 165:5-135.

(k)Withdrawal of protest. If all protests are withdrawn, the application shall be remanded for administrative review under (g) of this Section.

(l)Protested applications.

(1)Hearing required. A hearing shall be required on each timely protested application except as provided in (k) of this Section.

(2)Notice of hearing. The applicants shall obtain a hearing date from the Court Clerk subject to approval by the Manager of Field Operations. The applicants shall send a copy of the notice of hearing to each party of record not later than fifteen (15) days before the hearing date.

(3)Contents of the notice. The notice of hearing shall contain the date, time, and place of hearing.

(4)Form. The applicant shall prepare the notice of hearing to comply substantially with the form shown in Appendix C to this Chapter.

Okla. Admin. Code § 165:5-7-33

Amended at 27 Ok Reg 2098, eff 7-11-10

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022