Oklahoma Administrative Code
Title 460 - Department of Mines
Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979
Subchapter 4 - Permanent Regulatory Program Exemption for Coal Extraction Incidental to the Extraction of Other Minerals
Section 460:20-4-4 - Application requirements and procedures

Universal Citation: OK Admin Code 460:20-4-4

Current through Vol. 42, No. 1, September 16, 2024

(a) Application filing.

(1) Any person who plans to commence or continue coal extraction after April 1, 1994, in reliance on the incidental mining exemption shall file a complete application for exemption with the Department for each mining area.

(2) Following incorporation of an exemption application approval process into a Department a person may not commence coal extraction based upon the exemption until the Department approves such application, except as provided in paragraph (e) (3) of this section.

(b) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to April 1, 1994, may continue mining operations for 60 days after such effective date. Coal extraction may not continue after such 60-day period unless that person files an administratively complete application for exemption with the Department. If an administratively complete application is filed within 60 days, the person may continue extracting coal in reliance on the exemption beyond the 60-day period until the regulatory authority makes an administrative decision on such application.

(c) Additional information. The Department shall notify the applicant if the application for exemption is incomplete and may at any time require submittal of additional information.

(d) Public comment period. Following publication of the newspaper notice required by Section 460:20-4-5(7), the Department shall provide a period of no less than 30 days during which time any person having an interest which is or may be adversely affected by a decision on the application may submit written comments or objections.

(e) Exemption determination.

(1) No later than 90 days after filing of an administratively complete application, the Department shall make a written determination whether, and under what conditions, the persons claiming the exemption are exempt under this Subchapter, and shall notify the applicant and persons submitting comments on the application of the determinations and the basis for the determination.

(2) The determination of exemption shall be based upon information contained in the application and any other information available to the Department at that time.

(3) If the Department fails to provide an applicant with the determination as specified in paragraph (e) (1) of this section, an applicant who has not begun may commence coal extraction pending a determination on the application unless the Department issues an interim finding, together with reasons therefor, that the applicant may not begin coal extraction.

(f) Administrative review.

(1) Any adversely affected person may request administrative review of a determination under subsection (e) of this section within 30 days of the notification of such determination in accordance with procedures established under Oklahoma's Rules of Practice and Procedure for the Coal Reclamation Act of 1979.

(2) A petition for administrative review filed under Oklahoma's Rules of Practice and Procedures for the Coal Reclamation Act of 1979 shall not suspend the effect of a determination under subsection (e) of this section.

Added at 11 Ok Reg 4225, eff 7-25-94

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