SECTION 460:10-17-9. Review of permit applications

(a)   The Department shall review the complete application and written comments, written objections submitted, and records of any conference held under Section 460:10-17-6 and 460:10-17-7.

(b)   If the Department decides to approve the application, it shall require that the applicant file the performance bond or provide other equivalent guarantee before the permit is issued, in accordance with the bonding regulations.

(c)   If the Department determines from either the schedule submitted as part of the application under Section 460:10-11-6, or from other available information, that any surface mining operation owned or controlled by the applicant, is currently in violation of any law, rule, or regulation of the United States, or of any State Mining Law, or of any State Thaw, rule and regulation enacted pursuant to Federal Thaw, rule or regulation pertaining to air or water environmental protection, or of any provision of this Chapter, the Department shall require the applicant, before the issuance of the permit, to either:

(1)   Submit to the Department reviewing the application, proof which is satisfactory to the Department or agency which has jurisdiction over such violation, that the violation:

(A)   Has been corrected; or

(B)   Is in the process of being corrected; or

(2)   Established to the Department reviewing such application that the applicant has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation. If the Administrative or judicial hearing authority either denies a stay applied for in the appeal or affirms the violation, then any surface non-coal mining operations being conducted under a permit issued according to this Subchapter shall be immediately terminated unless and until the provisions of (c) (1) of this Section are satisfied.

(d)   Before any final determination by the Department that the applicant, or the operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violation of the title of such nature, duration, and with such resulting irreparable damage to the environment that indicates an intent not to comply with the provisions of 45 O.S. (1981), Section 721 et seq., the applicant or operator shall be afforded an opportunity for an adjudicators hearing on the determination as provided for under this Chapter. Such hearing shall be conducted pursuant to the Oklahoma Administrative Procedure Act and OAC 460:3.