Okla. Admin. Code § 460:10-19-5

Current through Vol. 42, No. 4, November 1, 2024

Section 460:10-19-5 - Permit renewals

(a)General requirements.

(1) Any valid, existing permit issued pursuant to a regulatory program shall carry with it the right of successive renewal upon the expiration of the term of the permit, in accordance with sections (b) and (c) of this Subchapter. Successive renewal shall be available only for those areas which were specifically approved by the Department on the application for the existing permit and within the boundaries of the permit.

(2) Permit renewals shall not be available for constructing surface non-coal mining and reclamation operations on lands beyond the boundaries of the mining areas approved under the existing permit.

(b)Completed applications.

(1)Contents. Complete applications for renewal of a permit shall be made prior to the date of expiration. Renewal applications shall contain, at a minimum the following:

(A) A statement of the name and address of the permittee, the term of the renewal requested, the permit term set forth in the original application for a permit or prior permit renewal.

(B) A copy of the newspaper notice and proof of publication of the same under Section 460:10-17-5.

(2)Processing and review.

(A) Complete applications for renewal shall be subject to the requirements of public notification and participation contained in Sections 460:10-17-6 and 460:10-17-7.

(B) If a complete application for a renewal of a permit includes a proposal to extend the mining and reclamation operation beyond the boundaries authorized in the existing permit, the portion of the completed application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new permit applications under the Chapter 10, Subchapters 11, 13, 15, 17, and 19 and the bonding regulations contained in Subchapters 21, 23, and 25 of this Chapter.

(C) Before finally acting to grant the permit renewal, the Department shall require any additional performance bond needed by the permittee to comply with the requirements of (c) (1)(D) of this Section to be filed with the Department.

(c)Approval or denial.

(1) The Department shall, upon the basis for a complete application for renewal and completion of all procedures required under, this Subchapter, issue a renewal of a permit, unless it is established and written findings by the Department are made that:

(A) The terms and condition of the existing permit are not being satisfactorily met;

(B) The present non-coal surfacing mining and reclamation operations are not in compliance with the environmental protection standards under 45 O.S. (1981), Section 721 et seq., and this Chapter;

(C) The requested renewal substantially jeopardizes the operator's continuing responsibility to comply with 45 O.S. (1981), Section 721 et seq., and this Chapter on existing permit areas;

(D) The operator has not provided evidence that any performance bond required to be in effect for the proposed period of renewal, as well as any additional bond the Department might require pursuant to this Chapter; or

(E) Any additional revised or updated information required by the Department has not been provided by the Applicant.

(2) In determining whether to approve or deny a renewal, the burden shall be on the opponents of the renewal.

(3) The Department shall send copies of its decision to the applicant, any person who filed an objection or comments held on the permit renewal, and to any persons who were parties to any conference held on the permit renewal.

(4) Any person having an interest which is or maybe effected by the decision of the Department shall have a right to administrative review set forth in OAC 460:3 and the Oklahoma Procedures Act found in Oklahoma Statutes Title 75.

Okla. Admin. Code § 460:10-19-5

Amended at 15 Ok Reg 3955, eff 7-22-98 (emergency); Amended at 16 Ok Reg 1609, eff 5-27-99