Current through Vol. 42, No. 1, September 16, 2024
(a)
Department responsibility. The Department shall conduct annual
compliance review of the mining area, utilizing the annual report submitted
pursuant to Section
460:20-4-11,
an on-site inspection and any other information available to the regulatory
authority.
(b)
Possible
revocation. If the Department has reason to believe that a specific
mining area was not exempt under the provisions of this Subchapter at the end
of the previous reporting period, is not exempt, or will be unable to satisfy
the exemption criteria at the end of the current reporting period, it shall
notify the operator that the exemption may be revoked and the reason (s)
therefor. The exemption will be revoked unless the operator demonstrates to the
Department within 30 days that the mining area in question should continue to
be exempt.
(c)
Department
revocation.
(1) If the Department finds
that an operator has not demonstrated that activities conducted in the mining
area qualify for the exemption, the Department shall revoke the exemption and
immediately notify the operator and intervenors. If a decision is made not to
revoke an exemption, the Department shall Immediately notify the operator and
intervenors.
(2) Any adversely
affected person may request administrative review of a decision whether to
revoke an exemption within 30 days of the notification of such decision in
accordance with procedures established under Oklahoma's Rules of Practice and
Procedure of the Coal Reclamation Act of 1979. (3) A petition for
administrative review filed under Oklahoma's Rules of Practice and Procedure of
the Coal Reclamation of 1979. shall not suspend the effect of decision whether
to revoke an exemption.
(d)
Direct enforcement.
(1) An operator mining in accordance with the
terms of an approved exemption shall not be cited for violations of the
regulatory program which occurred prior to the revocation of the
exemption.
(2) An operator who does
not conduct activities in accordance with the terms of an approved exemption
and knows or should know such activities are not in accordance with the
approved exemption shall be subject to direct enforcement action for violations
of the regulatory program which occur during the period of such
activities.
(3) Upon revocation of
an exemption or denial of an exemption application, an operator shall stop
conducting surface coal mining operations until a permit is obtained and shall
comply with the reclamation standards of the applicable regulatory program with
regard to conditions, areas and activities existing at the time of revocation
or denial.
Added at 11 Ok Reg 4225,
eff 7-25-94
