Current through Vol. 41, No. 13, March 15, 2024
(a)
Show cause order.
(1) The authorized representative of the
Department shall issue an order to a permittee requiring him or her to show
cause why his or her permit pursuant to 45 O.S. Section 1.5 et seq., and this
Chapter should not be suspended or revoked, if the CCB Program Director
determines that a pattern of violations of any requirement of 45 O.S. Section
1.5 et seq., this Chapter, or any permit condition required by the statutes or
this Chapter exists or has existed, and that the violations were caused by the
permittee willfully or through unwarranted failure to comply with those
requirements or conditions. Violations by any person conducting CCB operations
on behalf of the permittee shall be attributed to the permittee, unless the
permittee establishes that they were acts of deliberate sabotage. The
authorized representative of the Department shall promptly file a copy of any
order to show cause with the Department.
(2) The CCB Program Director may determine
that a pattern of violations exists or has existed, based upon two or more
inspections of the permit area within any 12-month period, after considering
the circumstances, including:
(A) The number
of violations cited on more than one occasion, of the same or related
requirements of 45 O .S. Section 1.5 et seq., this Chapter, other applicable
the applicable laws, or the permit;
(B) The number of violations, cited on more
than one occasion, of different requirements of 45 O.S. Section 1.5 et seq.,
this Chapter, other applicable laws or the permit; and
(C) The extent to which the violations were
isolated departures from lawfulconduct.
(3) The CCB Program Director shall promptly
review the history of violations of any permittee whohas been cited for
violations of the same or related requirements of 45 O.S. Section 1.5 et seq.,
this Chapter, other applicable laws or the permit during three or more State
inspections of the permit area within any 12 month period. If, after such
review, the CCB Program Director determines that pattern of violations exists
or has existed, he or she shall issue written findings and pursuant to these
findings the authorized representative of the Department shall issue an order
to show cause as provided in Paragraph (a)(1) of this Section.
(b) If the permittee files an
answer to the show cause order and requests a hearing, a public hearing shall
be provided as set forth pursuant to the applicable Rules of Practice and
Procedure. The Department shall give 30 days written notice of the date, time,
and place of the hearing to the Director, the CCB Program Director, the
permittee, and any intervener. Upon receipt of a notice, the Department shall
publish it, if practicable, in a newspaper of general circulation in the area
of the CCB operation, and shall post it at the State or field office closest to
those operations.
(c) If the
Department revokes or suspends the permit and permittee's rights pursuant to 45
O.S. Section 1.5 et seq., the permittee shall immediately cease CCB operations
on the permit area and shall:
(1) If the
permit is revoked, complete reclamation within the time specified in the order;
or
(2) If the permit is suspended,
complete all affirmative obligations to abate all conditions, practices, or
violations as specified in the order.
(d) Whenever a permittee fails to abate a
violation contained in a notice of violation or cessation order within the
abatement period set in the notice or order or as subsequently extended, the
CCB Program Director shall review the permittee's history of violations to
determine whether a pattern of violations exists pursuant to this Section, and
shall issue written findings to the Compliance Manager who shall issue an order
to show cause as appropriate pursuant to Section
460:30-8-7(b)(2)
of this Chapter.
Added at 28 Ok Reg 2371,
eff 9-11-11
