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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry |
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Chapter 44. Agriculture Pollutant Discharge Elimination System |
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Subchapter 1. Agriculture Environmental Permitting and AGPDES |
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Part 2. THE PROCESS |
SECTION 35:44-1-32. Permit issuance or denial
Latest version.
- (a) Compliance required. A new, modified or renewed permit or other authorization sought by the applicant shall not be issued until ODAFF has determined the application is in substantial compliance with applicable requirements of ODAFF laws and rules.(b) Conditions for issuance. ODAFF may not issue a new, modified or renewed permit or other authorization sought by the applicant if:(1) The applicant has not paid all monies owed to ODAFF or is not in substantial compliance with the ODAFF laws and rules and the terms of any existing ODAFF permits and orders. ODAFF may impose special conditions on the applicant to assure compliance and a separate schedule which ODAFF considers necessary to achieve required compliance; or(2) Material facts were misrepresented or omitted from the application and the applicant knew or should have known of such misrepresentation or omission.(c) Burden of persuasion. The applicant bears the burden of persuading ODAFF that the permit should issue. Title 75 O.S. § 307 is the appropriate mechanism to address any alleged failure by ODAFF to conform the issuance or denial of the permit to the requirements of a Final Order.