SECTION 460:10-19-6. Permit transfers or sales

(a)   Permits issued to an operator may be transferred to another operator, provided the new operator can demonstrate to the Department, prior to the transfer of interests, that conditions and obligations required for the permit will be met and the new operator has submitted a reclamation bond or other reclamation guarantee, or has obtained the bond coverage equivalent to the original permittee.

(b)   Application requirements. An applicant for the transfer or sale of an existing

permit or permit rights shall file a complete application for such transfer or sale with the Department. The application shall include, at a minimum:

(1)   The name and address of the Applicant;

(2)   The name and address of the existing permittee and the permit number to be transferred;

(3)   A brief description of the proposed transfer or sale, including verification by the predecessor-in-interest of the proposed transfer or sale; and

(4)   The legal, financial, compliance, and related information required by Subchapter 11 of this Chapter pertaining to the Applicant of the transfer or sale of permit rights.

(c)   Newspaper advertisement and proof of publication. An Applicant shall place an advertisement in a newspaper of general circulation in the county of the existing permit. The advertisement shall not be placed earlier than thirty (30) days before the filing of the application for a transfer or sale with the Department. The advertisement shall be published at least once a week for two (2) consecutive weeks and Proof of Publication of the advertisement shall be submitted to the Department prior to approval of the transfer or sale. The advertisement shall contain, at a minimum:

(1)   The name and address of the Applicant;

(2)   The name and business address of the existing permittee, including the permit number or other identifier;

(3)   The legal description of the location of the permit;

(4)   The address of the Department to which written comments or objections may be submitted.

(3)   Obtain appropriate performance bond coverage in the amount sufficient to cover the proposed operations.

(d)   Public participation. Any person having an interest which is or may be affected by a decision on the transfer or sale of permit rights, including officials of any federal, state or local governments agency, may submit written comments on the application to the Department within 14 days after the last date of publication of the advertisement.

(e)   Reclamation bond requirements. The Applicant for the permit transfer or sale must file with the Department a reclamation bond satisfying the requirements of Subchapter 21 of this Chapter, prior to the Department's approval of the transfer or sale. The reclamation bond post with the Department by the existing permittee shall remain in full force and effect until the Department finds that the successor-in-interest has posted the appropriate reclamation bond.

(f)   Approval criteria. The Department may approve a transfer or sale of permit rights to a successor if it finds in writing that the successor:

(1)   Is eligible to receive a permit in accordance with rules and regulations of the Department;

(2)   Has submitted a performance bond or other reclamation guarantee in accordance with the rules and regulations of the Department;

(3)   Meets any other requirements as provided by the rules and regulations of the Department.

(g)   Continued operation under existing permit. The existing permittee shall be entitled to continue operations until such time as the Department approves the sale or transfer of the permit. Upon approval. the successor-in-interest shall assume the liability and reclamation responsibilities of the existing permit and shall conduct surface non-coal mining and reclamation operations in full compliance with the regulatory programs, and the terms and conditions of the existing permit.

(h)   The provisions of this section shall not be utilized to effect a revision to an existing permit under Section 460:10-19-4 of this Chapter.

[Source: Added at 21 Ok Reg 2977, eff 7-26-04]